07-24-2018 (City Council) Agenda Packet Wylie City Council
STY Off:: NOTICE OF MEETING
Regular Meeting Agenda
July 24, 2018 - 6:00 pm
Wylie Municipal Complex
Council Chambers/Council Conference Room
300 Country Club Road, Building #100
Eric Hogue Mayor
Keith Stephens Mayor Pro Tern
Matthew Porter Place 2
Jeff Forrester Place 3
Candy Arrington Place 4
Timothy T.Wallis, DVM Place 5
David Dahl Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Stephanie Storm City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City
website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also
been posted on the City of Wylie website: www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.
Hearing impaired devices are available from the City Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATIONS
• Blue Star Banner Presentation
July 24,2018 Wylie City Council Regular Meeting Agenda Page 2 of 4
Mother's Name: LaJuan Eure
Military Service Member: Andrew Whitacre
Date joined service: March 2017.
Branch of service: Marine
Rank: Lance Corporal
High School: Rowlett High School
Andrew is an amazing young man, and LaJuan's second born son will be enlisting with the
Marines upon graduation in two years.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3)minutes.
In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen
participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of July 10, 2018 Regular Meeting and July
12,2018 Special Called Meeting of the Wylie City Council. (S. Storm, City Secretary)
B. Consider, and act upon, approval of a Preliminary Plat for Torres Addition, creating one lot
on 0.331 acres, generally located northwest from the intersection of Alanis Road and
Martinez Lane(2001 Alanis Drive). (R. 011ie, Development Services Director)
C. Consider, and act upon, Resolution No. 2018-24(R) authorizing the City Manager to execute
a Development Agreement between CVS Pharmacy, Inc. and the City of Wylie. (C. Hoisted,
Asst. City Manager)
D. Consider, and place on file, the City of Wylie Monthly Investment Report for June 30, 2018.
(M. Beard, Finance Director)
E. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
June 30,2018. (M. Beard, Finance Director)
F. Consider, and act upon Resolution No. 2018-25(R) of the City Council of the City of Wylie,
Texas,to ratify W2018-101-B for the emergency purchase of sewer rehabilitation services for
the Kreymer Aerial Sewer Line Rehabilitation in the amount of $158,000.00 with Moss
Utilities LLC, and authorizing the City Manager to have executed any necessary documents.
(G. Hayes, Purchasing Manager)
G. Consider, and act upon, Resolution No. 2018-26(R) of the City Council of the City of Wylie,
Texas, hereby authorizing the City Manager to accept the donation of the Collin County
Mobile Incident Command Post to the City of Wylie to execute any necessary documents.
(B. Parker, Fire Chief)
July 24, 2018 Wylie City Council Regular Meeting Agenda Page 3 of 4
H. Consider, and act upon,Resolution No. 2018-27(R) authorizing the City Manager of the City
of Wylie, Texas, to execute an Interlocal Agreement by and between the City of Wylie and
the Town of Fairview for the performance of governmental functions and services;
specifically, emergency dispatch services associated with fire, rescue, and emergency medical
services first responder general fire services. (B. Parker, Fire Chief)
I. Consider, and act upon, Resolution No. 2018-28(R) authorizing the City Manager to execute
an easement for drainage facilities for Woodbridge Townhomes Tract 4 for the North Texas
Municipal Water District and Herzog Development Corporation. (T. Porter, Public Works
Director)
J. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of June 30,2018. (S. Satterwhite, WEDC Director)
K. Consider, and act upon, granting an extension of time for the FY 2018/19 proposed budget
filing with the City Secretary from August 5, 2018 to August 8, 2018 per the Home Rule
Charter; Article V, Section 2. (M. Manson, City Manager)
WORK SESSION
• Discussion regarding the potential to allow urban domestic fowl within the City of Wylie
residential districts.
• Discuss revisions to the Solid Waste and Recycling Contract with Community Waste
Disposal, L.P. (C. Holsted, Asst. City Manager)
• FY 2018-2019 Budget Discussion and Department Presentations to Council.
RECONVENE INTO REGULAR SESSION
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED
MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange,
lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its
negotiating position.
• Consider the sale or acquisition of property located at 5th Street and State Highway 78.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
July 24, 2018 Wylie City Council Regular Meeting Agenda Page 4 of 4
ADJOURNMENT
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or
consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not
limited to,the following sanctions and purposes:
Texas Government Code Section:
§551.071—Private consultation with an attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
§551.087 --Discussing certain economic development matters.
§551.073—Discussing prospective gift or donation to the City.
§551.076—Discussing deployment of security personnel or devices or security audit.
CERTIFICATION
I certify that this Notice of Meeting was posted on July 20, 2018 at 5:00 p.m. as required by law in accordance with
Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy,
this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Stephanie Storm,City Secretary Date Notice Removed
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Wylie City Council
CITY OF
YLI
Minutes
Regular Meeting
Tuesday, July 10, 2018—6:00 p.m.
Wylie Municipal Complex—Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Stephanie Storm took roll call
with the following City Council members present: Mayor pro tern Keith Stephens, Councilman David
Dahl, Councilwoman Candy Arrington, Councilman Matthew Porter, and Councilman Timothy Wallis.
Councilman Jeff Forrester was absent.
Staff present included: City Manager Mindy Manson; Assistant City Manager Chris Hoisted; Police Chief
Anthony Henderson; Fire Chief Brent Parker; Development Services Director Renae 011ie; Public Works
Director Tim Porter; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz;
Finance Director Melissa Beard; Human Resources Director Lety Yanez; Building Official Bret
McCullough; WEDC Director Sam Satterwhite; Library Director Rachel Orozco; City Secretary
Stephanie Storm, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor pro tern Stephens gave the invocation and Councilman Porter led the Pledge of Allegiance.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non-
agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3) minutes.
In addition, Council is not allowed to converse, deliberate, or take action on any matter presented during citizen
participation.
There were no citizens present wishing to address Council during citizens comments.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of June 26, 2018. Regular Meeting of the
Wylie City Council. (S. Storm, City Secretary)
Minutes July 10,2018
Wylie City Council
Page 1
B. Consider, and act upon, a vendor application for the Girl Scouts of Northeast Texas:
Unleash Mobility fundraiser event at Olde City Park on September 1, 2018. (R. Diaz, Parks
&Recreation Director)
C. Consider, and act upon, approval of a Preliminary Plat for Inspiration, Phase 5B consisting
of 39.47 acres to establish single-family residential lots for a master planned development
within Wylie's ETJ, generally located north of Parker Road (F.M. 2514) on Inspiration
Blvd. (R. 011ie, Development Services Director)
D. Consider, and act upon, approval of a Final Plat for Inspiration, Phase 6 consisting of 21.53
acres to establish single-family residential lots for a master planned development within
Wylie's ETJ, generally located north of Parker Road (F.M. 2514) on Inspiration Blvd. (R.
011ie, Development Services Director)
E. Consider, and place on file, the Animal Shelter Advisory Board report to City Council
regarding meeting held on June 20, 2018. (D. Dahl, ASAB Chair)
Council Action
A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl, to approve the Consent
Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Forrester absent.
REGULAR AGENDA
Tabled from 06-26-2018
Remove from table and consider
Council Action
A motion was made by Councilman Wallis, seconded by Councilwoman Arrington, to remove Item 1
from the table and consider. A vote was taken and the motion passed 6-0 with Councilman Forrester
absent.
1. Consider, and place on file, the Monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of May 31, 2018. (S. Satterwhite, WEDC Director)
Council Discussion
Councilman Porter asked if there is a plan for a website for the EDC moving forward. Satterwhite
responded that they have been working on one for some time and it should go live in 30 days or less.
Councilman Porter asked if any new projects are listed as expenditures in this report. Satterwhite stated
that most of the new projects they are working on will not be active until next fiscal year.
Council Action
A motion was made by Councilwoman Arrington, seconded by Councilman Dahl, to place on file the
Monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of May
31, 2018. A vote was taken and the motion passed 6-0 with Councilman Forrester absent.
Minutes July 10,2018
Wylie City Council
Page 2
Mayor Hogue convened into Work Session at 6:08 p.m.
WORK SESSION
0o FY 2018-2019 Budget Discussion and Department Presentations to Council.
The following departments provided presentations for City Council regarding their FY 2018/19 proposed
budget, including expenditures and revenues. Additionally, the departments provided accomplishments
completed in FY 2017/18 and objectives for the new FY 2018/19 budget. Staff answered questions
regarding their proposed FY 2018/19 budget.
O Wylie Fire Rescue/Dispatch
O Development Services (Planning &Zoning/Building Inspections/Code Enforcement)
Mayor Hogue recessed the Work Session at 8:01 p.m.
Mayor Hogue reconvened the Work Session at 8:10 p.m.
O City Secretary
RECONVENE INTO REGULAR SESSION
Mayor Hogue reconvened into Regular Session at 8:20 p.m.
Mayor Hogue convened into Executive Session at 8:21 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS; CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
(1) to discuss or deliberate regarding commercial or financial information that the governmental body has
received from a business prospect that the governmental body seeks to have locate, stay, or expand in or
near the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision
(1).
0o Deliberation regarding a Performance Agreement between the Wylie EDC and Project
2018-6c. (S. Satterwhite, WEDC Director)
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue reconvened into Open. Session at 8:59 p.m.
No action was taken as a result of Executive Session.
Minutes July 10,2018
Wylie City Council
Page 3
ADJOURNMENT
A motion was made by Councilman Porter, seconded by Councilman Wallis, to adjourn the meeting at
9:00 p.m. A vote was taken and the motion passed 6-0 with Councilman Forrester absent.
Eric Hogue,Mayor
ATTEST:
Stephanie Storm, City Secretary
Minutes July 10,2018
Wylie City Council
Page 4
Wylie City Council
CITY OF
YLI
Minutes
Special Called Work Session
Tuesday, July 12, 2018. —6:00 p.m.
Wylie Municipal Complex—Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Stephanie Storm took roll call
with the following City Council members present: Mayor pro tern Keith Stephens, Councilman David
Dahl, Councilwoman Candy Arrington, Councilman Matthew Porter, and Councilman Timothy Wallis.
Councilman Jeff Forrester was absent.
Staff present included: City Manager Mindy Manson; Assistant City Manager Chris Hoisted; Police Chief
Anthony Henderson; Assistant Fire Chief Brandon Blythe; Development Services Director Renae 011ie;
Public Works Director Tim Porter; Public Information Officer Craig Kelly; Parks and Recreation Director
Robert Diaz; Finance Director Melissa Beard; Human Resources Director Lety Yanez; Building Official
Bret McCullough; WEDC Director Sam Satterwhite; Library Director Rachel Orozco; City Secretary
Stephanie Storm, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Councilman Dahl gave the invocation and Councilman Wallis led the Pledge of Allegiance.
Mayor Hogue convened into Work Session at 6:02 p.m.
WORK SESSION
O FY 2018-2019 Budget Discussion and Department Presentations to Council.
The following departments provided presentations for City Council regarding their FY 2018/19 proposed
budget, including expenditures and revenues. Additionally, the departments provided accomplishments
completed in FY 2017/18 and objectives for the new FY 2018/19 budget. Staff answered questions
regarding their proposed FY 2018/19 budget.
O WEDC
O Public Works (Utility Admin/Engineering/Water Utilities/Wastewater Utilities/Streets)
O Parks and Recreation (Recreation Center/Senior Recreation Center/Brown House/Stonehaven
House/Parks)
Minutes July 12,2018
Wylie City Council
Page 1
Mayor Hogue recessed the Work Session at 8:56 p.m.
Mayor Hogue reconvened the Work Session at 9:02 p.m.
O Police Department
O Animal Control
O Library
O Finance (Finance/Municipal Court/Purchasing/Utility Billing)
O Human Resources
O City Manager(City Council/City Manager/Combined Services)
City Manager Manson stated there will be a Budget Work Session on July 24 where the Utility Fund, 4B
Fund, Hotel/Motel, and some of the smaller funds will be discussed. Staff will need definitive direction
on July 24 regarding the tax rate so that the budget can be prepared by August 5. The appraisal districts
are required to provide the City with the certified totals by July 25. If needed, a Special Called Budget
Work Session will be held on July 26.
RECONVENE INTO REGULAR SESSION
Mayor Hogue reconvened into regular session at 12:20 a.m.
ADJOURNMENT
A motion was made by Councilman Porter, seconded by Councilman Dahl, to adjourn the meeting at
12:20 a.m. A vote was taken and the motion passed 6-0 with Councilman Forrester absent.
Eric Hogue, Mayor
ATTEST:
Stephanie Storm, City Secretary
Minutes July 12,2018
Wylie City Council
Page 2
Wylie City Council
(` . oF
AGENDA REPORT
Meeting Date: July 24, 2018 Item Number: B
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: July 11, 2018 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approval of a Preliminary Plat for Torres Addition, creating one lot on 0.331 acres, generally
located northwest from the intersection of Alanis Road and Martinez Lane (2001 Alanis Drive).
Recommendation
Motion to approve a Preliminary Plat for Torres Addition, creating one lot on 0.331 acres, generally located northwest
from the intersection of Alanis Road and Martinez Lane(2001 Alanis Drive).
Discussion
OWNER: Noel Torres APPLICANT: A&W Surveyors
The property totals 0.331 acres and will create one lot to contain a tile retail and warehouse building that measures 3,573
sf.
A variance was granted in February 2018 to allow for a rear setback of 5 feet. This preliminary plat complies with those
setbacks by showing building setbacks of 5' in the rear and 25' on all other sides.
This development will be providing a visibility easement to ensure that no obstructions are placed in the view of vehicles
turning at the intersection of Martinez Lane and Alanis Road. A fire lane will not be provided on-site as there is enough
room for a fire hose to reach around the building using the existing Right of Way.
This Preliminary Plat complies with the applicable technical requirements of the City of Wylie. In accordance with the
Subdivision Regulations, approval of a preliminary plat by the City Council shall be deemed general approval of the street
and lot layout shown on the preliminary plat (approval for construction of the necessary streets, water lines, sewer lines,
and other required improvements and utilities shall be authorized only through the City Engineer's approval of the
engineering plans), and to the preparation of the final plat.
P&Z Commission Discussion
The Commission recommended approval 5-0. A Site Plan was approved by the Planning Commission on July 3, 2018.
(Rev 01/2014) Page 1 of I
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I 0 1/2"IR FOUND 0 X-FOUND .'1K TELE BOX Cril UTILITY POLE —0Fiu—OVERHEAD UTILITY LINE -L=-LLS-t=-BRICK RET WALL ''LK. 1----, CONCRETE STATE OF TEXAS NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS:
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X BARBED WIRE FENCE BUILDING LINE 4 &! BRICK WHEREAS The Tile Galery, LLC is the sole owner of a tract of land located in the That The Tile Galery, LLC, acting herein by and through its duly authorized officers,
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WOOD DECK E.C. DAVIDSON SURVEY, Abstract 267, City of Wylie, Collin County, Texas, and does hereby adopt this plat designating the herein above described property as
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z I 0 PK NAIL SET IIIC FIRE HYDRANT 0 STORM DRAIN MH --ii-- WOOD FENCE —•••— HIGH BANK LINE I//././4/.44 BUILDING WALL i being the same tract of land described in General Warranty Deed to The Tile Galery, TORRES ADDITION, an addition to the City of Wylie, Texas, and does hereby
o 0 VICINITY MAP 1/2"IP FOUND 4 LIGHT POLE ii SAN SEW CO IP El POOL EQUIP _
ASPHALT -- C--- COVERED AREA &FF-Fi---Ff-p TILE LLC, recorded in Instrument No. 20170214000198510, Public Records, Collin dedicate, in fee simple, to the public use forever, the streets, rights-of-way, and other
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I MAPSCO: 10A-E County, Texas, and being more particularly described as follows: public improvements shown thereon. The streets and alleys, if any, are dedicated for
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I I street purposes. The easements and public use areas, as shown, are dedicated, for
BEGINNING at a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set in
the public use forever, for the purposes indicated on this plat. No buildings, fences,
I
I the North line of Alanis Road, a 120' wide public right-of-way, at the South corner of
the transitional right-of-way with Martinez Lane, a 50' wide public right-of-way; trees, shrubs or other improvements or growths shall be constructed or placed upon,
over or across the easements as shown, except that landscape improvements may
I
I LOT 2R, BLOCK B be placed in landscape easements, if approved by the City Council of the City of
I CREEKBEND INDUSTRIAL PARK Thence North 86°52'22" West, along said North line, a distance of 115.01' to a 1/2" Wylie. In addition, utility easements may also be used for the mutual use and
t- I 1ST REVISION iron rod with a yellow plastic cap stamped "RPLS 5310" set at the Southeast corner accommodation of all public utilities desiring to use or using the same unless the
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1 P.R.C.C.T.
----*-- 25' BUILDING LINE of that portion of Lot 5R, Block C, Replat of Lots 5 & 6, Block C of Century Business
Park, Cabinet K, Page 263, Public Records, Collin County, Texas, that portion
described in deed to TX ES Real Estate Holdings, LLC, recorded in Instrument No.
20170417000483060, Public Records, Collin County, Texas; easement limits the use to particular utilities, said use by public utilities being
subordinate to the public's and City of Wylie's use thereof.
The City of Wylie and public utility entities shall have the right to remove and keep
> W I I CABINET L PAGE 573 removed all or parts of any buildings, fences, trees, shrubs or other improvements or
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Thence North 03°54'53" East, along the East line of said Lot 5R and said TX ES growths which may in any way endanger or interfere with the construction,
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1- I 3/8"IRF ., 0 P.R.C.C.T. Real Estate Holdings, a distance of 109.19' to a 1/2" iron rod with a yellow plastic maintenance, or efficiency of their respective systems in said easements. The City of
D (5 I 15' UTILITY EASEMENT cap stamped "RPLS 5310" set at the Southwest corner of land described in deed to Wylie and public utility entities shall at all times have the full right of ingress and
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Virginia Pecina, recorded in Instrument No. 20161213001691280, Public Records, egress to or from their respective easements for the purpose of constructing,
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Asew 0 Z Collin County, Texas; reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or
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SuR*-"Rs ,: removing all or parts of their respective systems without the necessity at any time
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0 0 ZONING LI t Thence South 86°04'34" East, a distance of 135.00' to a 1/2" iron rod with a yellow procuring permission from anyone.
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, KOk* Southeast corner of said Pecina tract; WITNESS MY HAND AT WYLIE, TEXAS, THIS DAY OF
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1-INCH = 20 FEET INSTRUMENT NO. 20161213001691280 co I 0, \-v 1 iron rod with a yellow plastic cap stamped "RPLS 5310" set in the North corner of
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TITLE:
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STATE OF TEXAS STATE OF TEXAS
LOT 5R, BLOCK C I • / 5 LIGHT INDUSTRIAL
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- -"ell 0 I JOHN S. TURNER, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR
CENTURY BUSINESS PARK I I
, STATE OF TEXAS, DO HEREBY CERTIFY THAT THE SUBDIVISION PLAT
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P.R.C.C.T. AS DETERMINED BY A SURVEY MADE ON THE GROUND, UNDER MY IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED
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CONSTRUCTION, 1/2" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"RPLS 5310" WILL BE SET AT SUBDIVISION BOUNDARY CORNERS, BLOCK STOTAMTEEMTEHNATTSHIENETXHEECFUOTREEDGTOHIENGSAINMSETFROURMTEHNTE APRUERPTORSUEETD
CONSIDERATION THEREIN EXPRESSED AND UNDER OATH STATED THE
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MARKS SET, OR FOUND, ARE SUFFICIENT TO ENABLE RETRACEMENT. 20
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THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. MY COMMISSION EXPIRES:
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John S. Turner R.P.L.S. 5310
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.„ I S 85°45'22" E 13,898.89' D.R.C.C.T. STATE OF TEXAS
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VISIBILITY EASEMENT 0 , BENCH MARK#5 COUNTY OF DALLAS
BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR "RECOMMENDED FOR APPROVAL"
FROM WHICH '- eit 14"TREE
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14 ' THE STATE OF TEXAS, ON THIS DATE PERSONALLY APPEARED JOHN S.
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= S 85°3715"W 1.85' 10 TREE
, , TURNER KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED
„ , I, CHAIRMAN, PLANNING & ZONING COMMISSION
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0 #7#####);## - TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE CITY OF WYLIE, TEXAS
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MONUMEN _lNz-,,„:1_-------z--,--:_T-T---- sIGN:
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\ EXPRESSED AND UNDER OATH STATED THE STATEMENTS IN THE
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FOREGOING INSTRUMENT DATE
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\ ... "APPROVED FOR CONSTRUCTION"
, _ / CE OF 7' 10' SLOPE & UTILITY GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
- 8" FORCE MAIN 1/2"IRS I \ VOLU , MAYOR, CITY OF WYLIE, TEXAS
/ FROM WHICH BEARS 5/8"IRF — ----- — D.R.C.C.T.
— — ( S 07°02'41"W 2.08' — -______ —
_ ______\__
N: 7,051,254.9639
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E: 2,564,787.0080 8" WATER- DATE
I NOTARY PUBLIC FOR THE STATE OF TEXAS "ACCEPTED"
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- ------ - -------CENTRLIN:41210V:Wil!PUEI!LI
9114G-8H" MY COMMISSION EXPIRES:
I.1.?W.:WATER 1/2"
MAYOR, CITY OF WYLIE, TEXAS
---............, 8" SANITARY SEWER
CITY OF WYLIE - - DATE
CABINET 6023, PAGE 102 D.R.C.C. THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS,
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w I HEREBY CERTIFIES THAT THE FOREGOING FINAL PLAT OF TORRES
1-- ADDITION, SUBDIVISION OR ADDITION TO THE CITY OF WYLIE WAS
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SUBMITTED TO THE CITY COUNCIL ON THE DAY OF
Co I , 20 , AND THE COUNCIL, BY FORMAL ACTION,
THEN AND THERE ACCEPTED THE DEDICATION OF THE STREETS, ALLEYS,
PARKS, EASEMENTS, PUBLIC PLACES, AND WATER AND SEWER LINES AS
I SHOWN AND SET FORTH IN AND UPON SAID PLAT AND SAID COUNCIL
FURTHER AUTHORIZED THE MAYOR TO NOTE THE ACCEPTANCE THEREOF
BY SIGNING HIS NAME AS HEREIN SUBSCRIBED.
i
WITNESSED MY HAND THIS DAY OF , 20 .
II SURVEYOR'S NOTES ABBREVIATIONS CITY SECRETARY
CITY OF WYLIE, TEXAS
CITY BENCH MARK#1 CITY BENCH MARK#5
1. BASIS OF BEARING IS DERIVED FROM THE TEXAS D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS
STATE PLANE COORDINATE SYSTEM NAD 1983 (2011) P.R.C.C.T. PUBLIC RECORDS, COLLIN COUNTY, TEXAS MELVIN K. ST. JOHN, H.F. T1BBALS & ED COLLINS
NORTHING: 7060922.944 NORTHING: 7050245.804 1
USING CITY OF WYLIE GEODETIC CONTROL M.R.C.C.T. MAP RECORDS, COLLIN COUNTY,COUNTY CLERK'S NUMBER EASTING: 2576974.068 EASTING: 2578669.150 TEXAS VOLUME 1675, PAGE 749 I A&W SURVEYORS, INC. PRELIMINARY PLAT
MONUMENTS CM1 AND CM5. C.C. NO. D.R.C.C.T.
2. SELLING A PORTION OF THIS ADDITION BY METES ELEV.: 530.294 ELEV.: 454.277 1 .11-4 Professional Land Surveyors BEING
AND BOUNDS IS A VIOLATION OF CITY ORDINANCE, 4t- Al IT' TEXAS REGISTRATION NO. 100174-00 0.331 ACRES OF LAND
AND STATE LAWS AND IS SUBJECT TO FINES AND P.O. BOX 870029, MESQUITE,TX. 75187
•WITHHOLDINGS OF UTILITIES AND BUILDING i
giV,--ra PHONE: (972)681-4975 FAX: (972)681-4954 TORRES ADDITION
PERMITS. 1,11 -"," WWW.AWSURVEY.COM
3. ALL CORNERS ARE MONUMENTED WITH A 1/2" ZONING MH NAD-83 TX STATE PLAIN, NORTH CENTRAL LOT 1, BLOCK 1
IRON ROD CAPPED "RPLS 5310" UNLESS MANUFACTURED ZONE 2404 (2011). — PROPERTY ADDRESS: 2001 Alanis Drive-
OTHERWISE SPECIFIED. HOME DISTRICT Owner: The Tile Galery, LLC AN ADDITION TO THE CITY OF WYLIE,
4. THE PURPOSE OF THIS PLAT IS TO DEVELOP A - 115 Ballard Road -
PLATTED LOT FROM A TRACT OF LAND. -214-713-6460 - COLLIN COUNTY, TEXAS
Job No. 18-0771 Drawn by:543 Date:05-21-2018 Revised:6-8-18 E.C. DAVIDSON SURVEY, ABSTRACT 267
"A professional company operating in your best interest"
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Wylie City Council
crry
YLI AGENDA REPORT
Meeting Date: July 24, 2018 Item Number: C
Department: City Manager (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code: N/A
Date Prepared: July 2, 2018 Budgeted Amount: N/A
Exhibits: Development Agreement
Subject
Consider, and act upon, Resolution No. 2018-24(R) authorizing the City Manager to execute a Development
Agreement between CVS Pharmacy, Inc. and the City of Wylie.
Recommendation
Motion to approve Resolution No. 2018-24(R) authorizing the City Manager to execute a Development
Agreement between CVS Pharmacy, Inc. and the City of Wylie.
Discussion
CVS Pharmacy is developing a tract of property at the south west corner of Country Club Drive and FM 2514
(Parker Road). The improvements include a 9,656 square foot building and related infrastructure. CVS will
be extending a 4'x8' box culvert to allow for the construction of a mutual access drive to provide access to
the site from Country Club Road.
The City of Wylie is finalizing an agreement with the adjacent property owner as part of the right of way
acquisition for County Club Drive. The agreement specifies that the box culvert be extended approximately
150' to the western property line of the Parker Country Club LP property. Construction of the box culvert
will be funded through a combination of thoroughfare impact fee credits, 2005 City of Wylie bond funds, and
TxDOT funds.
(Rev 01/2014) Page 1 of I
RESOLUTION NO. 2018-24(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER
OF THE CITY OF WYLIE, TEXAS TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN CVS PHARMACY, INC AND THE CITY
OF WYLIE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement
between CVS Pharmacy, Inc. and the City of Wylie for the construction of storm water
improvements.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 24th day of July, 2018.
ERIC HOGUE, Mayor
ATTEST TO:
STEPHANIE STORM, City Secretary
Resolution No.2018-24(R)
Interlocal Agreement between CVS Pharmacy,Inc and the City of Wylie
1
EXHIBIT "A"
Interlocal Agreement
Resolution No.2018-24(R)
Interlocal Agreement between CVS Pharmacy,Inc and the City of Wylie
2
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER.
After Recording Return to:
City of Wylie
Attention: City Manager
300 Country Club Road
Wylie,Texas 75098
DEVELOPMENT AGREEMENT BETWEEN
CVS PHARMACY,INC. AND THE CITY OF WYLIE, TEXAS
This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF WYLIE, TEXAS, a home-rule municipality ("Wylie"), and CVS
PHARMACY, INC., a Rhode Island corporation ("Developer"). Wylie and Developer are each
referred to herein as a"party" or collectively as the "parties."
WHEREAS, Developer is the sole owner of that certain tract of land consisting of 1.896+
acres in the William Patterson Survey, Abstract No. 716, in the City of Wylie, Collin County,
Texas, as more particularly described in Exhibit A, attached hereto and incorporated herein for
all purposes ("Property"); and
WHEREAS, Developer has submitted an application for a building permit for the
development of a CVS Pharmacy in Wylie; and
WHEREAS, Developer and Wylie acknowledge and agree that impact fees are currently
assessed and owed or to be assessed and owed on the Property as prescribed in Ordinance Nos.
93-4, 97-4, 2001-19, 2001-42, 2001-56, 2006-25, 2006-47, 2007-34, 2012-18 and any other
amendments thereto, as they exist or may be amended (collectively, "Impact Fee Ordinance");
and
WHEREAS, notwithstanding the Construction Requirements (hereinafter defined) for the
size of on-site stormwater facilities to be constructed by Developer on the Property and across
the property to the west and immediately adjacent to the Property (the "Adjacent Property")
("Required Stormwater Improvements"), Developer agrees to construct on the Adjacent
Property, at its sole cost and expense but subject to the Cash Reimbursement (hereinafter
defined) and Impact Fee Credit (hereinafter defined) as set forth in this Agreement, oversized
stormwater facilities consisting of approximately 227 linear feet of an 8-foot-by-4-foot
reinforced box culvert, headwall, associated grading and erosion control, and all necessary
appurtenances thereto, as generally depicted and described on plan set (sheets C-9.2, C-10.1, C-
13.3, and TxDOT detail), attached hereto as Exhibit :B and incorporated herein for all purposes
(collectively, the "Stormwater Improvements"), which will be public stormwater facilities and a
portion of which are necessary to serve the Property; and
Development Agreement—CVS Pharmacy,Inc.Stormwater Improvements Page 1 of 23
2457747
46653405v.2
WHEREAS, Wylie has an easement on a portion of the Adjacent Property for the
construction, installation and use of the Stormwater Improvements which was recorded on
under Instrument No. in the Official Records of Collin County, Texas, a
file-marked copy of which is attached hereto as Exhibit D and incorporated herein for all
purposes (the"Easement"); and
WHEREAS, as consideration for Developer constructing the Stoimwater Improvements,
Wylie agrees to reimburse Developer in an amount equal to the Wylie-approved difference
between the costs of constructing the Stormwater Improvements and the costs of constructing the
Required Stormwater Improvements, as provided herein and subject to the terms and condition
hereof.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Wylie and Developer agree as follows:
1. Incorporation of Recitals. The representations, covenants and recitations set forth in the
forth in the foregoing recitals of this Agreement are true and correct, are incorporated
into the body of this Agreement and are adopted as findings of Wylie and the authorized
representative of Developer.
2. Land Subject to Agreement. The land that is being developed for a CVS Pharmacy
store and which will use the Stormwater Improvements on a non-exclusive basis is the
Property. Developer represents and warrants that it is the sole owner of the Property.
3. Easement. Wylie warrants to Developer that the Easement has been recorded in the
Official Records of Collin County, Texas. Wylie warrants that Developer is authorized
to construct the Stormwater Improvements under the terms of the Easement.
4. Construction of the Stormwater Improvements.
(a) Developer shall construct the Stormwater Improvements, as more particularly
described and generally depicted in Exhibit B. Developer represents and warrants
that the estimated construction costs of the Required Stoiiiiwater Improvements
are Forty-One Thousand Four Hundred Forty Nine and 00/100s Dollars ($41,449)
("Estimated Required Stormwater Improvements Costs") and that the estimated
construction costs of the Stormwater Improvements are One Hundred Fifty Two
Thousand and 00/100s Dollars ($152,000) ("Estimated Stormwater Improvements
Costs"), as more particularly described in the estimated cost analysis set forth in
Exhibit C attached hereto and incorporated herein for all purposes ("Estimated
Cost Analysis"). Developer shall construct the Stormwater Improvements in
compliance with Approved Plans approved by Wylie, and in further compliance
with all Construction Requirements (hereinafter defined).
(b) Wylie agrees (i) to perform interim inspections of the ongoing construction of the
Stormwater Improvements on a regular and timely basis, in response to a call
from the Developer Contractor upon completion of each stage of installation of
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the Stormwater Improvements, Wylie agreeing that each phase of construction
builds on the prior installation, and (ii) to issue written interim acceptance of each
phase of installation of the Stormwater Improvements, provided that Wylie
determines that each such phase is entitled to acceptance under the terms of this
Agreement. Upon final completion of the Stormwater Improvements, Wylie will
perform a final inspection of the Stormwater Improvements and issue a final
written letter or certificate of acceptance upon which Developer may rely. Upon
said final acceptance, Developer will convey the Stormwater Improvements to
Wylie as provided herein (collectively, "Wylie's Final Acceptance"). Developer
must substantially complete the Stormwater Improvements in accordance with the
Approved Plans and obtain Wylie's Final Acceptance of the same as a condition
of Wylie's issuance of a certificate of occupancy of any building on the Property.
However, and notwithstanding any other provision in this Agreement to the
contrary, Wylie acknowledges that Developer's final payment of the Developer
Contractor and its subcontractors, and the accompanying receipt of executed lien
waivers and Evidence of Payments (as defined in Section 4(g) of this Agreement)
will occur at a date subsequent to the completion of the construction of the
Stormwater Improvements (due to the holding of retainage and the performance
and completion of punchlist items), and Wylie agrees that Wylie's Final
Acceptance (as defined in Section 4(b)) will depend only on substantial
completion of the Stormwater Improvements in accordance with the Approved
Plans, and will not depend on receipt of Evidence of Payments. To the extent any
punch list items exist as to the Stormwater Improvements and provided that the
store on the Property is otherwise eligible to receive a Temporary Certificate of
Occupancy, Wylie agrees to issue a Temporary Certificate of Occupancy and to
allow the store on the Property to open for business, with future completion of the
punchlist items and submittal of the Evidence of Payments being a separate
requirement for both the issuance of the final Certificate of Occupancy, and the
receipt of the Cash Reimbursement (hereinafter defined) and the Impact Fee
Credit (hereinafter defined).
(c) Bonds.
(i) Evidence of any bonds required by Section 212.073 of the Texas Local
Government Code, as amended, other applicable law or this Agreement
shall be provided by Developer to Wylie.
(ii) Prior to Wylie's Final Acceptance of the Stormwater Improvements,
Developer shall cause to be issued and delivered a payment bond and a
performance bond, each of which shall be in an amount equal to one
hundred percent (100%) of the amount of the actual cost of the
Stormwater Improvements to ensure Wylie is indemnified: (A) against any
claims for nonpayment of any part of the construction or work performed
in connection with the Stormwater Improvements; and (B) for the
completion of the Stormwater Improvements in accordance with this
Agreement. Prior to Wylie's Final Acceptance of the Stormwater
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Improvements, Developer shall cause to be delivered to Wylie a two (2)
year maintenance bond in an amount equal to one hundred percent (100%)
of the amount of the actual cost of the Stormwater Improvements to ensure
the repair or remedy of any maintenance issues Wylie may have regarding
the Stormwater Improvements after Wylie's issuance of Wylie's Final
Acceptance of the same.
(iii) The bonds required by this Section 4(c) must be: (A) good and sufficient
bonds; (B) in the amounts prescribed herein; (C) with a reputable and
solvent corporate surety and in favor of Wylie; and(D) in compliance with
any other Wylie requirements relating to such bonds.
(d) Prior to commencing any construction of the Stormwater Improvements,
Developer shall include the following provisions in any contract with any person
or entity hired by Developer to construct all or any portion of the Stormwater
Improvements (collectively, "Developer Contractor"):
(i) "All warranties provided to [Developer] for the Stormwater
Improvements shall inure to the benefit of the City of Wylie, Texas
for all purposes."
(ii) "[DEVELOPER CONTRACTOR] SHALL, FOR A PERIOD OF TWO (2)
YEARS FOLLOWING THE CITY OF WYLIE'S FINAL ACCEPTANCE
OF THE [THE STORMWATER IMPROVEMENTS],RELEASE,DEFEND,
INDEMNIFY AND HOLD HARMLESS CITY OF WYLIE FROM AND
AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES
(INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF
USE) AND OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS,
EXPENSES AND COSTS, INCLUDING BUT NOT LIMITED TO,
REASONABLE ATTORNEYS' FEES AND EXPENSES (INCLUDING
ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THE
INDEMNITY),ARISING OUT OF,RELATED TO OR RESULTING FROM,
IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, ANY WORK
PERFORMED BY [DEVELOPER CONTRACTOR] ON THE [THE
STORMWATER IMPROVEMENTS], WHETHER SUCH ACTIONS OR
OMISSIONS WERE INTENTIONAL OR UNINTENTIONAL, AND THAT
THE INDEMNITY PROVIDED HEREIN IS NOT INTENDED TO AND
SHALL NOT,IN ANY WAY,CREATE ANY CAUSE OF ACTION FOR THE
BENEFIT OF THIRD PARTIES. THIS INDEMNIFICATION PROVISION
AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY
INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL
CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST
WYLIE BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED
TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT
THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY
AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF
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ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT
OF ANY EMPLOYMENT RELATIONSHIP BETWEEN DEVELOPER
CONTRACTOR AND ITS EMPLOYEES OR SUBCONTRACTORS AS A
RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S
EMPLOYMENT OR SEPARATION FROM EMPLOYMENT WITH THE
DEVELOPER CONTRACTOR,INCLUDING BUT NOT LIMITED TO ANY
DISCRIMINATION CLAIM BASED ON SEX,SEXUAL ORIENTATION OR
PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE
OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR
REGULATION, OR ANY CLAIM FOR WRONGFUL TERMINATION,
BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE
BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS'
COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER
ANY POLICY FOR WORKERS' COMPENSATION INSURANCE AND
ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR
OTHERWISE. DEVELOPER CONTRACTOR IS EXPRESSLY REQUIRED
TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. THIS SECTION
SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT."
(e) As an additional condition of Wylie issuing Wylie's Final Acceptance of the
Stormwater Improvements, Developer shall transfer and deliver to Wylie all
manufacturers' warranties,with Wylie being the beneficiary thereof, for all products,
materials and elements of the Stormwater Improvements. This Section 4(e) shall
survive the teiiiiination of this Agreement.
(f) The parties agree that the Stormwater Improvements shall be constructed and
completed in one phase. Upon Wylie's Final Acceptance of the Stormwater
Improvements, the Stoliiiwater Improvements shall become the sole property of
Wylie.
(g) As conditions to Developer receiving the Cash Reimbursement (hereinafter
defined) as described in Section 5 below and/or the Impact Fee Credit (hereinafter
defined) as described in Section 6 below, Developer shall (i) obtain Wylie's Final
Acceptance of the Stormwater Improvements and (ii) tender to Wylie evidence, in
a form reasonably acceptable to Wylie, that all of the design and construction
costs of the Stormwater Improvements have been incurred and paid by Developer,
including but not limited to, affidavits of payment/affidavits as to debts and liens
and any other evidence reasonably required by Wylie ("Evidence of Payments").
The Evidence of Payments shall reflect Developer's final, actual cost to design
and construct the Stormwater Improvements ("Actual Stormwater Improvements
Costs"). Wylie acknowledges that the Evidence of Payments may occur
subsequent to Wylie's Final Acceptance of the Stoiinwater Improvements.
5. Cash Reimbursement. Provided that Developer fulfills all of its obligations under this
Agreement, including but not limited to, (i) Developer obtaining Wylie's Final
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46653405v.2
Acceptance of the Stormwater Improvements; and (ii) Developer tendering to Wylie the
Evidence of Payments, Wylie shall participate in a portion of the Actual Stormwater
Improvements Costs by, in addition to applying the Impact Fee Credit (hereinafter
defined) as described in Section 6, reimbursing Developer in a cash amount equal to
Sixty-One Thousand Seven Hundred Thirty and 00/100s Dollars ($61,730) ("Cash
Reimbursement"), within thirty (30) days of Wylie's issuance of Wylie's Final
Acceptance of the Stormwater Improvements and Wylie's receipt of Developer's written
request for such payment together with payment delivery instructions.
6. Impact Fee Credit. Provided that Developer fulfills all of its obligations under this
Agreement, including but not limited to, (i) Developer obtaining Wylie's Final
Acceptance of the Stormwater Improvements; and (ii) Developer tendering to Wylie the
Evidence of Payments, Wylie shall participate in a portion of the Actual Stormwater
Improvements Costs, in addition to paying the Cash Reimbursement as described in
Section 5, by granting to Developer a credit against the roadway impact fees due and
payable on the Property under the Impact Fee Ordinance in an amount equal to Forty-
Eight Thousand Eight Hundred Twenty One and 00/100s Dollars ($48,821.00) ("Impact
Fee Credit"), representing the sum of the Wylie-approved difference between the amount
of the Estimated Required Stormwater Improvements Costs and the amount of the
Estimated Required Stormwater Improvements Costs, provided that among other
requirements for Wylie's Final Acceptance, the Actual Stormwater Improvements Costs,
as evidenced by the Evidence of Payments, are reviewed and approved by Wylie. Wylie
agrees to pay, and Developer agrees to accept, the Impact Fee Credit and the Cash
Reimbursement as Wylie's sole financial participation in the costs incurred by Developer
in connection with its obligations under this Agreement. The Impact Fee Credit shall not
be due to Developer until the impact fees for the Property are collected by Wylie, and the
Impact Fee Credit shall offset the total amount of roadway impact fees owed and assessed
on the Property. Notwithstanding anything to the contrary herein, Developer
acknowledges and agrees that the Impact Fee Credit: (i) shall be determined as described
above; (ii) is not transferrable to any other property, regardless of ownership of same; and
(iii) is subject to applicable provisions of the Impact Fee Ordinance.
7. Default.
(a) If Developer fails to comply with any provision of this Agreement, and such
failure is not cured within thirty(30) days after Wylie sends written notice of such
failure to Developer, then Wylie shall have the following remedies, in addition to
Wylie's other rights and remedies:
(i) to file this instrument in the Real Property Records of Collin County,
Texas as a lien or encumbrance on the Property;
(ii) to refuse to accept any portion of any public improvements on the
Adjacent Property, including but not limited to, any of the Stormwater
Improvements;
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(iii) to withhold the payment of any Cash Reimbursement to Developer
pursuant to Section 5 of this Agreement;
(iv) to withhold the payment of any Impact Fee Credit pursuant to Section 6 of
this Agreement;
(v) to refuse to issue a Certificate of Occupancy for the Property; and/or
(vi) to seek specific enforcement of this Agreement.
(b) If Wylie fails to comply with the terms and conditions of this Agreement and such
failure is not cured within thirty (30) days after Wylie receives written notice of
such failure from Developer, then Developer may seek specific enforcement of
this Agreement as its sole and exclusive remedy.
8. Limitation of Liability. Notwithstanding anything to the contrary herein, the parties
agree and acknowledge that Wylie shall not, under any circumstance, be required to
tender, or be liable to Developer for, any credit or reimbursement of, or payment of any
monies, with regard to the matters set forth herein, except as expressly provided in
Section 5 and Section 6 of this Agreement.
9. Covenant Running with the Land. This Agreement shall be a covenant running with
the land and Property and shall be binding upon Developer. The parties shall cause this
Agreement to be filed in the Real Property Records of Collin County, Texas. The parties
shall execute and record a release of this Agreement when its terms and conditions have
been fully performed.
10. Limitations of Agreement. The parties acknowledge that of the fees that are or may be
payable by Developer to Wylie for the development of the Property, this Agreement
addresses only the roadway impact fees prescribed by the Impact Fee Ordinance. Wylie
ordinances covering property taxes, utility rates, pet fees, inspection fees,
development fees, wastewater and water impact fees, water tap fees, pro-rata fees and the
like are not affected by this Agreement. Further, this Agreement does not waive or limit
any of the obligations of Developer to Wylie under any ordinance, whether now existing
or in the future arising.
11. Notices. Any notice provided or permitted to be given under this Agreement must be in
writing and may be served by depositing same in the United States Mail, addressed to the
Party to be notified, postage pre-paid and registered or certified with return receipt
requested; by facsimile; by electronic mail, with documentation evidencing the
addressee's receipt thereof; or by delivering the same in person to such Party a via hand-
delivery service, or any courier service that provides a return receipt showing the date of
actual delivery of same to the addressee thereof. Notice given in accordance herewith
shall be effective upon receipt at the address of the addressee. For purposes of
notification, the addresses of the parties shall be as follows:
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If to Wylie, addressed to it at:
City of Wylie
Attention: City Manager
300 Country Club Road
Wylie, Texas 75098
Telephone: (972) 516-6000
Facsimile: (972) 516-6026
Electronic Mail: mindy.manson@wylietexas.gov
with a copy to:
Abernathy, Roeder, Boyd& Hullett, P.C.
Attention: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544-4044
Email: rpittman@abernathy-law.com
If to Developer, addressed to it at:
CVS Phaiuiacy, Inc.
One CVS Drive
Woonsocket,RI 02895
Attention: Property Administration Store#10887
Facsimile: (401) 770-4695
With a copy to:
Orange Development LLC
Attention: Donn Fitzer
1200 Corporate Drive
Suite G-50
Birmingham,AL 35242
Telephone: (205)408-3443 ext. 2
Email: dfizer@orangedevinc.com
12. Indemnity.
(a) DEVELOPER SHALL RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS WYLIE
FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS,
PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS,
JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND
EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN
ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE
NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR
OMISSION OF DEVELOPER OR ITS CONTRACTORS, SUBCONTRACTORS,
EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS,
GRANTEES, TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR
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WHOM DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF
THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE
OF WYLIE(HEREINAFTER"CLAIMS").
(b) IN ITS SOLE DISCRETION, WYLIE SHALL HAVE THE RIGHT TO REASONABLY
APPROVE DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING ITS
OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH
RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE
RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER,WYLIE
IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE
CONSTRUED AS A WAIVER OF DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR
AS A WAIVER OF DEVELOPER'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT
TO THIS AGREEMENT. DEVELOPER PROMPTLY SHALL RETAIN WYLIE-
APPROVED DEFENSE COUNSEL FOLLOWING RECEIPT OF WYLIE'S WRITTEN
NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS
AGREEMENT, BUT IN NO EVENT IN LESS THAN TEN (I0) BUSINESS DAYS
FOLLOWING RECEIPT OF SUCH WRITTEN NOTICE. IF DEVELOPER FAILS TO
RETAIN COUNSEL WITHIN SUCH TIME PERIOD,WYLIE SHALL PROVIDE A SECOND
NOTICE TO DEVELOPER, AND IF DEVELOPER THEREAFTER FAILS TO RETAIN
DEFENSE COUNSEL WITHIN FIVE (5) DAYS FROM SAID SECOND NOTICE, WYLIE
SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF,
AND DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE.
(C) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT FOR A PERIOD OF FOUR(4)YEARS.
13. ACKNOWLEDGEMENT OF WYLIE'S COMPLIANCE WITH FEDERAL AND STATE
CONSTITUTIONS, STATUES AND CASE LAW AND FEDERAL, STATE AND LOCAL
ORDINANCES, RULES AND REGULATIONS; DEVELOPER'S WAIVER AND RELEASE OF
CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT.
(a) DEVELOPER ACKNOWLEDGES AND AGREES THAT:
(i) THE CONVEYANCES, DEDICATIONS, EASEMENTS AND/OR PAYMENT OF
MONEY REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY
DEVELOPER,IN WHOLE OR IN PART,DO NOT CONSTITUTE A:
(A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION;
(B) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY
BE AMENDED;
(C) NUISANCE;OR
(D) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR
A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,
STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL
ORDINANCE,RULE OR REGULATION.
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(ii) THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE
CONTRIBUTION OR CONVEYANCE OF REAL PROPERTY OR INTERESTS
THEREIN (AFTER RECEIVING ALL CONTRACTUAL OFFSETS, CREDITS AND
REIMBURSEMENTS,IF ANY)AGREED TO IN THIS AGREEMENT IS ROUGHLY
PROPORTIONAL TO THE DEMAND THAT SUCH DEVELOPMENT PLACES ON
WYLIE'S INFRASTRUCTURE.
(iii) DEVELOPER HEREBY RELEASES WYLIE FROM ANY OBLIGATION TO
PERFORM OR COMMISSION A TAKINGS IMPACT ASSESSMENT UNDER
CHAPTER 2007 OF THE TEXAS GOVERNMENT CODE, AS IT EXISTS OR
MAY BE AMENDED.
(iv) DEVELOPER HEREBY AGREES THAT THE VALUE OF CONVEYANCE OF THE
STORMWATER IMPROVEMENTS TO WYLIE PURSUANT TO THIS
AGREEMENT IS ROUGHLY PROPORTIONAL TO THE BENEFIT RECEIVED BY
DEVELOPER FOR THE USE OF SAID STORMWATER IMPROVEMENTS, AND
DEVELOPER HEREBY WAIVES ANY CLAIM THEREFORE THAT IT MAY
HAVE. DEVELOPER FURTHER ACKNOWLEDGES AND AGREES THAT ALL
PREREQUISITES TO SUCH A DETERMINATION OF ROUGH
PROPORTIONALITY HAVE BEEN MET,AND THAT ANY VALUE RECEIVED BY
WYLIE RELATIVE TO SAID CONVEYANCE IS RELATED BOTH IN NATURE
AND EXTENT, TO THE IMPACT OF THE DEVELOPMENT OF DEVELOPER'S
PROPERTY BY USE OF WYLIE'S INFRASTRUCTURE. DEVELOPER AND
WYLIE FURTHER AGREE TO WAIVE AND RELEASE ALL CLAIMS ONE MAY
HAVE AGAINST THE OTHER RELATED TO ANY AND ALL ROUGH
PROPORTIONALITY AND INDIVIDUAL DETERMINATION REQUIREMENTS
MANDATED BY THE UNITED STATES SUPREME COURT IN DOLAN V. CITY
OF TIGARD, 512 V.S. 374 (1994), AND ITS PROGENY, AS WELL AS ANY
OTHER REQUIREMENTS OF A NEXUS BETWEEN DEVELOPMENT
CONDITIONS AND THE PROJECTED IMPACT OF THE PUBLIC
INFRASTRUCTURE.
(v) DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND
AGAINST ANY CLAIMS AND SUITS OF DEVELOPER'S PARTNERS,OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS,
ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES BROUGHT PURSUANT TO
THIS SECTION.
(b) DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF
ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS.
(C) DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST
WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE
OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR
REGULATION.
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(d) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
14. Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of
Wylie, whether now existing or in the future arising. This Agreement shall confer no
vested rights on the Property, or any portion thereof, unless specifically enumerated
herein. In addition, nothing contained in this Agreement shall constitute a "permit" as
defined in Chapter 245 of the Texas Local Government Code, as amended, and nothing in
this Agreement provides Wylie with fair notice of any project of Developer.
DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS
LOCAL GOVERNMENT CODE, AS AMENDED, UNDER THIS AGREEMENT. THIS SECTION
SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
15. Condemnation Procedures/Rights Waiver. As ADDITIONAL CONSIDERATION FOR THE
BENEFITS DEVELOPER IS RECEIVING UNDER THIS AGREEMENT, DEVELOPER HEREBY
RELEASES CITY FROM AND AGAINST, AND WAIVES, ANY ALL RIGHTS TO OR CLAIM FOR
ANY RELIEF UNDER CHAPTER 2206 OF THE TEXAS GOVERNMENT CODE, AS AMENDED,
AND/OR CHAPTER 21 OF THE TEXAS PROPERTY CODE, AS AMENDED, ARISING OUT OF
ANY ACTS OR OMISSIONS UNDER THIS AGREEMENT.
16. Attorney's Fees. If either Party files any action or brings any proceeding against the
other arising from this Agreement, then as between Developer and Wylie, the prevailing
party shall be entitled to recover as an element of its costs of suit, and not as damages,
reasonable and necessary attorneys' fees and litigation expenses both at trial and on
appeal, subject to the limitations set forth in TEX. LOC. Gov'T CODE § 271.153, as it
exists or may be amended, if applicable.
17. Warranties/Representations. All warranties, representations and covenants made by
one party to the other in this Agreement or in any certificate or other instrument delivered
by one party to the other under this Agreement shall be considered to have been relied
upon by the other party and will survive the satisfaction of any fees under this
Agreement, regardless of any investigation made by either party.
18. Entire Agreement. This Agreement contains the entire agreement of the parties with
respect to the matters contained herein and may not be modified or terminated except
upon the provisions hereof or by the mutual written agreement of the parties.
19. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation,
validity, performance and enforcement of this Agreement, without regard to conflict of
law principles. This Agreement is perfolniable in Collin County, Texas, and the
exclusive venue for any action arising out of this Agreement shall be a court of
appropriate jurisdiction in Collin County, Texas.
20. Consideration. This Agreement is executed by the parties without coercion or duress
and for substantial consideration, the sufficiency of which is forever confessed.
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21. Multiple Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An electronic
mail or facsimile signature will also be deemed to constitute an original if properly
executed and delivered to the other party.
22. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the party for which his or her signature appears,
that there are no other parties or entities required to execute this Agreement in order for
the same to be an authorized and binding agreement on the party for whom the individual
is signing this Agreement and that each individual affixing his or her signature hereto is
authorized to do so, and such authorization is valid and effective on the Effective Date
(hereinafter defined). The parties agree that the performance of the parties under this
Agreement is authorized by Section 212.072 of the Texas Local Government Code.
23. Savings; Severability. In the event that a term, condition or provision of this Agreement
is determined to be invalid, illegal, void, unenforceable or unlawful by a court of
competent jurisdiction, then that term, condition or provision shall be deleted and the
remainder of the Agreement shall remain in full force and effect as if such invalid, illegal,
void, unenforceable or unlawful provision had never been contained in this Agreement.
24. Representations. Each party represents that it has carefully read this Agreement, knows
the contents hereof, has consulted with an attorney of its choice regarding the meaning
and effect hereof and is signing the same solely of its own judgment.
25. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Agreement, and the parties do not
intend to create any third party beneficiaries by entering into this Agreement.
26. Assignment/Binding Effect.
(a) This Agreement is assignable, in whole or in part, upon the following conditions,
all of which must be satisfied before any such assignment shall be valid and
enforceable:
(i) the assignment of the Agreement must be evidenced by a recordable
document ("Assignment"), the form of which must be approved in writing
by Wylie;
(ii) the Assignment must expressly contain, among any other reasonable
requirements and conditions of Wylie, an acknowledgment and agreement
that all obligations, covenants and conditions contained in this Agreement
will be assumed solely and completely by the assignee, and the contact
name, address, phone number, fax number and electronic mail address of
the assignee;
Development Agreement—CVS Pharmacy,Inc.Stormwater Improvements Page 12 of 23
2457747
46653405v.2
(iii) Developer will file any approved, executed Assignment in the Real
Property Records of Collin County, Texas; and
(iv) Developer shall provide Wylie with a file-marked copy of the Assignment
within ten (10) days of filing the same, and until Wylie receives said file-
marked copy of the Assignment as provided herein, Wylie shall not, under
any circumstance,recognize said Assignment.
(b) This Agreement shall be binding upon and inure to the benefit of Wylie and
Developer.
27. Indemnification. The parties agree that the Indemnity provisions set forth in Section 12
and Section 13 herein are conspicuous, and the parties have read and understood the
same.
28. Construction and Bond Requirements. All construction described herein shall be
subject to and in compliance with all ordinances, rules, regulations and requirements of
Wylie, as they exist, may be amended or in the future arising (collectively,
"Regulations"), including, but not limited to, all Regulations applicable to Wylie's Final
Acceptance, and evidence of any bonds required by Section 212.073 of the Texas Local
Government Code, as amended, other applicable law or this Agreement shall be provided
by Developer to Wylie(collectively, "Construction Requirements").
29. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either
party to enforce any of the provisions of this Agreement, at any time, shall not in any way
affect, limit or waive such party's right thereafter to enforce and compel strict
compliance.
30. Immunity. It is expressly understood and agreed that, in the execution and performance
of this Agreement, Wylie has not waived, nor shall be deemed hereby to have waived,
any defense or immunity, including governmental, sovereign and official immunity, that
would otherwise be available to it against claims arising in the exercise of governmental
powers and functions. By entering into this Agreement, the parties do not create any
obligations, express or implied, other than those set forth herein.
31. Reference to Developer. When referring to "Developer" herein, this Agreement shall
refer to and be binding upon Developer, its agents, representatives, contractors,
employees, successors, assignees (as authorized herein), vendors, grantees, trustees, legal
representatives and any other third parties for whom Developer is legally responsible.
32. Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and
be binding upon Wylie and Wylie's Council Members, agents, representatives,
employees and any other authorized third parties for whom Wylie is legally responsible.
Development Agreement—CVS Pharmacy,Inc.Stormwater Improvements Page 13 of 23
2457747
46653405v.2
33. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally
by all parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language
herein is to be construed against any party shall not apply. Headings in this Agreement
are for the convenience of the parties and are not intended to be used in construing this
document.
[Signature page follows.]
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective when all the parties have signed it. The date this Agreement is signed
by the last party to sign it (as indicated by the date associated with that party's signature below)
will be deemed the effective date of this Agreement ("Effective Date").
CITY OF WYLIE, TEXAS,
a home-rule municipality
By:
Mindy Manson, City Manager
Date:
Attested to by:
Stephanie Stoiiii, City Secretary
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Mindy
Manson, known to me to be one of the persons whose names are subscribed to the foregoing
instrument; she acknowledged to me that she is the City Manager and duly authorized
representative for the City of Wylie, Texas, and that she executed said instrument for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2018.
Notary Public, State of Texas
My Commission Expires:
Development Agreement—CVS Pharmacy,Inc.Stormwater Improvements Page 14 of 23
2457747
46653405v.2
[SIGNATURE PAGE TO DEVELOPMENT AGREEMENT]
CVS PHARMACY, INC.,
a Rhode Island corporation
By:
Title:
Date:
Legal Approval:
STATE OF §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he/she acknowledged to me that he/she is the and duly
authorized representative of CVS Pharmacy, Inc., a Rhode Island corporation, and that he/she
executed said instrument for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of , 2018.
Notary Public, State of
My Commission Expires:
Development Agreement—CVS Pharmacy,Inc.Stormwater Improvements Page 15 of 23
2457747
Exhibit A
Legal Description of the Property
PROPERTY DESCRIPTiON
sTA-rE OF TEXAS
COUNTY OP COLLIPi §
BEING a tract of Land situated in the WILLIAM PATTERSON SURVEY,ABSTRACT NO.716.City of Wylie,
Collin County,Texas,and being a portion of two(2)tracts of land described in deed to Parker Country Club,L,P.,
as recorded in County Clerk's Instrument Nos.20060314000334590 and 20060314 t .r33416111.Official Public
Records.Collin County,and being more particularly inscribed as follows:
BEGINNING at an aluminum Texas Pep/marten(of Transportation(TxDOTli monument found for the Northerly
Southeast corner or a tract of land described in Judgernent of Court in Absence of Objection recorded in County
Clerk's Instrument Na.20151117001447470,Official Public Records,Collin County,Texas,said point being at the
Northerly end of a corner clip at the intersection of the future Westerly right-of-way of Country Club Road(F,M.
1378),a variable width right-of-way,with the future Southerly right-of-way of Parker Road(F.M.2514),a variable
width right-ofiway;
THENCE South 45 deg 06 min 57 min East,along said comer clip,a distance 0147.97 feet to a 1/2-inch iron rod
with red plastic cap stamped"W.A.l."set for corner
THENCE South 00 deg 23 min 52 sec East,along the future Westerly right-of-way of said Country Club Road as
described in Notice of Us Pendeos recorded in County Clerk's Instrument No,20150113000037290,fffficial Public
Records,Collin County,Texas.a distance of 391,50 feet to a 11'2-inch iron rod with red plastic cap stamped
''W.A,11,"set for corner,
THENCE South 88 deg 44 rain 09 sec West,departing the future Westerly right-of-way of said Country Club Road,
a distance of 192.29 feet to a 518--inch irtIrli rod with yellow plastic cap found for corner on the East line ol a tract of
land described in deed to Thomas and Naomi Sessums as recorded in Volume 4607.Page 342,Official Public
Records.Collin County,Texas,
THENCE North 00 deg 58 min 45 sec West,along the West lines of said Parker Country Club tracts,and the East
line of said Seism rrrs tract,a distance of 430.18 to a point for corner on the future Southerly rit:it-ol-way of said
Parker Road at its intersection with the East line of said Sessums tract from which an aluminum TxDOT monument
found bears South 30 deg 20 nun 36 sec East,a distance of 0,49 feet
THENCE South 89 deg 48 min 44 sec East,along the Mitre South right-of-way of said Parker Road,a distance of
1,6238 feet to the POINT OF BEGINNING.
CONTAINING within these metes and bounds 1,196 acres or 82,596 square feet of land,more or less.
4 :
;*141"115
Development Agreement—CVS Pharmacy,Inc. Stormwater Improvements Page 16 of 23
2457747
Development Agreement—CVS Pharmacy, Inc. Stormwater Improvements Page 17 of 23
2457747
Exhibit B
Stormwater Improvements
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Exhibit C
Estimated Cost Analysis
City of Wylie-Box Culvert Participation
Parker Country Club
Cost Estimate
July 17,2018
184 IF Erx4 RCB $ 84,840.00
40 IF 24"RCP $ 2,960.00
Grading in Ditch areas $ 14,000.00
Difference between Old and New Detention Outran
171 IF 18"RCP(New) $ 10,431.00
42 IF 12"HDPE(Old) $ 0.00)
DELTA $ 8,751.00
TOTAL $ 110,551.00
Development Agreement—CVS Pharmacy,Inc.Stormwater Improvements Page 22 of 23
2457747
Exhibit D
Easement
Development Agreement—CVS Pharmacy, Inc. Stormwater Improvements Page 23 of 23
2457747
Wylie City Council
Or
YL1 AGENDA REPORT
Meeting Date: July 24, 2018 Item Number:
(City Secretary's Use Only)
Department: Finance
Prepared By: Finance Account Code:
Date Prepared: July 18, 2018 Budgeted Amount:
Exhibits: Investment Report
Subject
Consider, and place on file, the City of Wylie Monthly Investment Report for June 30, 2018.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Investment Report for June 30, 2018.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Page 1 of 1
2017-2018 Investment Report
June 30, 2018
Money Market Accounts: MMA
Certificates of Deposit: CCD
Treasury Bills: T-Bills
Treasury Notes: T-Notes
Government Agency Notes: AN
Invest. Principal Type Of Interest Purchase Maturity
Number Amount Security Rate Issuer Date Date
1 $14,833,339.77 MMA 1.7967% Texpool 12/31/2006 NA
2 $15,367,634.22 MMA 1.8300% TexStar 3/15/2011 NA
$30,200,973.99
Total
Weighted Average Coupon: 1.8136% Money Markets: $30,200,973.99
Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00
$30,200,973.99
Wylie City Council
L t. ( OF w AGENDA REPORT
LI
Meeting Date: July 24, 2018 Item Number: E
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Date Prepared: July 18, 2018 Budgeted Amount:
Revenue and Expenditure
Exhibits: Monthly Report
Subject
Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for June 30, 2018.
Recommendation
Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for June 30,
2018.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Page 1 of 1
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
June 30, 2018
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 75.00%
ACCOUNT DESCRIPTION 2017-2018 2017-2018 2017-2018 OF BUDGET
GENERAL FUND REVENUE SUMMARY
TAXES 28,966,858 448,983 26,095,571 90.09% A
FRANCHISE FEES 2,689,000 1,129,705 2,305,783 85.75%
LICENSES AND PERMITS 872,000 95,421 801,107 91.87%
INTERGOVERNMENTAL REV. 899,500 4,961 872,947 97.05%
SERVICE FEES 3,397,000 278,534 2,456,454 72.31% B
FINES AND FORFEITURES 576,400 38,960 363,359 63.04% C
INTEREST INCOME 40,000 13,289 104,482 261.20%
MISCELLANEOUS INCOME 145,500 79,806 234,821 161.39%
OTHER FINANCING SOURCES 2,268,877 500 2,175,265 95.87% D
REVENUES 39,855,135 2,090,159 35,409,789 88.85%
USE OF FUND BALANCE 4,462,153 NA NA NA E
USE OF CARRY-FORWARD FUNDS 116,529 NA NA NA
TOTAL REVENUES 44,433,817 NA NA NA
GENERAL FUND EXPENDITURE SUMMARY
CITY COUNCIL 82,847 4,506 50,445 60.89%
CITY MANAGER 968,969 73,652 683,920 70.58%
CITY SECRETARY 450,326 24,733 295,672 65.66%
CITY ATTORNEY 155,000 29,168 98,755 63.71%
FINANCE 1,248,601 116,115 870,814 69.74%
FACILITIES 793,642 62,029 451,718 56.92%
MUNICIPAL COURT 553,859 34,189 315,838 57.03%
HUMAN RESOURCES 579,803 43,639 404,983 69.85%
PURCHASING 177,206 14,290 118,702 66.99%
INFORMATION TECHNOLOGY 1,236,780 88,156 903,642 73.06%
POLICE 9,320,291 647,306 6,617,945 71.01%
FIRE 8,569,190 581,273 5,748,933 67.09%
EMERGENCY COMMUNICATIONS 1,741,964 97,014 988,893 56.77%
ANIMAL CONTROL 647,612 36,564 420,868 64.99%
PLANNING 598,624 40,133 425,738 71.12%
BUILDING INSPECTION 541,303 41,138 376,969 69.64%
CODE ENFORCEMENT 236,611 15,382 143,079 60.47%
STREETS 3,457,104 434,612 2,022,269 58.50%
PARKS 2,680,828 243,624 1,587,524 59.22%
LIBRARY 2,084,175 170,828 1,443,456 69.26%
COMBINED SERVICES 8,253,845 348,888 6,628,800 80.31% F
TOTAL EXPENDITURES 44,378,580 3,147,239 30,598,963 68.95%
REVENUES OVER/(UNDER) EXPENDITURES 55,237 -1,057,080 4,810,826 19.90%
A. Property Tax Collections for FY17-18 as of June 30 are 99.59%, in comparison to FY16-17 for the same time period of 99.25%. Sales Tax is down 4.5%
from this time last year.
B. Service Fees: Trash fees billed in October are applicable towards FY 2016-17 revenue. YTD Actual consists of only eight months of billings.
C. Fines and Forfeitures: Actual revenues are down 14% compared to this time last year. Citations are tracking below estimates for the year.
D. Other Financing Sources include the annual transfer from the Utility Fund & insurance recoveries received this fiscal year. Expected county proceeds of
$102,000 not yet received.
E. Use of Fund Balance: For Replacement/New Fleet& Equipment and Transfer to PSB Renovation/Expansion Fund and Fire Station#2 remodel architect.
F. Due to one-time expenditures including annual insurance payments and transfer to the PSB Fund.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
June 30, 2018
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 75.00%
ACCOUNT DESCRIPTION 2017-2018 2017-2018 2017-2018 OF BUDGET
UTILITY FUND REVENUES SUMMARY
SERVICE FEES 17,295,000 1,652,699 11,639,554 67.30% G
INTEREST INCOME 22,000 4,646 34,216 155.53%
MISCELLANEOUS INCOME 30,000 2,609 22,004 73.35%
OTHER FINANCING SOURCES 0 0 2,136 0.00%
REVENUES 17,347,000 1,659,954 11,697,910 67.43%
USE OF FUND BALANCE 322,000 NA NA NA H
USE OF CARRY-FORWARD FUNDS 245,000 NA NA NA
TOTAL REVENUES 17,914,000 NA NA NA
UTILITY FUND EXPENDITURE SUMMARY
UTILITY ADMINISTRATION 395,860 23,394 261,059 65.95%
UTILITIES -WATER 2,718,996 168,921 1,382,390 50.84%
CITY ENGINEER 519,908 33,318 319,520 61.46%
UTILITIES - SEWER 975,079 50,112 579,812 59.46%
UTILITY BILLING 488,199 44,920 348,126 71.31%
COMBINED SERVICES 14,165,986 822,869 11,053,023 78.03% I
TOTAL EXPENDITURES 19,264,028 1,143,534 13,943,930 72.38%
REVENUES OVER/(UNDER) EXPENDITURES -1,350,028 516,420 -2,246,020 -4.95%
G. Most Utility Fund Revenue billed in October was applicable to FY 2016-17. YTD Actual consists of only eight months of billings.
H. Use of Fund Balance: For Replacement/New Fleet& Equipment.
I. Due to annual transfer to the General Fund and annual debt service payments made in February.
Wylie City Council
( 1:)< 0F AGENDA REPORT
YLI
Meeting Date: July 24, 2018 Item Number: F
Department: Public Works (City Secretary's Use Only)
Prepared By: Purchasing Account Code: 620-5730-54430
Date Prepared: July 16, 2018 Budgeted Amount: $158,000.00
Exhibits: Resolution
Subject
Consider, and act upon, Resolution No. 2018-25(R) of the City Council of the City of Wylie, Texas, to ratify emergency
repair #W2018-101-B for the purchase of sewer repair services for the Kreymer Aerial Sewer Line Rehabilitation in the
estimated amount of $158,000.00 with Moss Utilities LLC, and authorizing the City Manager to have executed any
necessary documents.
Recommendation
A motion to approve Resolution No. 2018-25(R) of the City Council of the City of Wylie, Texas, to ratify emergency
repair #W201.8-101-B for the purchase of sewer repair services for the Kreymer Aerial Sewer Line Rehabilitation in the
estimated amount of $158,000.00 with Moss Utilities LLC, and authorizing the City Manager to have executed any
necessary documents.
Discussion
Due to unforeseen acts of nature, the integrity of the aerial sewer line located within Kreymer Estates at Rush Creek,
south of Stanbridge Drive, near the end of East Oak Street has been compromised and must undergo an emergency repair.
The crossing is approximately 35 years old, and erosion of the bank near the aging pipe has moved/removed structural
supports required to keep the main in place. Without repair, high water from upcoming rainfalls could wash away
portions of the existing pipe and expose the waterways to unsanitary health conditions.
The City contracted with Kimley-Horn & Associates under PSPO #W2018-76-E to produce a design that will restore the
integrity of the main. The proposed solution involves replacing the existing pipe with new materials, surrounded by steel
encasement, as well as providing additional structural supports.
Due to the urgency of this repair, staff requested guidance from management and received approval to proceed with an
expedited timeline. In working with the Purchasing Department under Texas Local Government Code Section 252.022
(Purchasing and Contracting Authority of Municipalities) this emergency repair is deemed as exempt from competitive
bid laws (252.022.a.2) as "a procurement necessary to preserve or protect the public health or safety of the municipality's
residents"; and (252.022.a.3) as "a procurement necessary because of unforeseen damage to public machinery, equipment
or other property". This allowed Purchasing to notify seven (7) qualified firms and receive a responsive bid that is within
the engineer's estimated project budget. Staff has reviewed the offer from Moss Utilities LLC and deemed the vendor
qualified and responsive to the specifications. Based on staff input the processing of all insurance, bonds and execution of
contract documents has been escalated allowing for the acceleration of the construction start date by 4-6 weeks.
Page 1 of 2
Page 2 of 2
Staff recommends the approval of Resolution No. 2018-25(R), for the purchase of emergency repair services for the
Kreymer Aerial. Sewer Line Rehabilitation (#W2018-101-B ) in the estimated amount of$158,000.00 with Moss Utilities
LLC, and authorizing the City Manager to have executed any necessary documents. This project will be funded through
the Sewer Repair & Replacement Fund (Fund 620). City staff requests approval of this Resolution to ratify the
construction contract.
RESOLUTION NO. 2018-25(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, TO RATIFY EMERGENCY REPAIR #W2018-101-B FOR THE
PURCHASE OF SEWER REPAIR SERVICES FOR THE KREYMER
AERIAL SEWER LINE REHABILITATION IN THE ESTIMATED
AMOUNT OF $158,000.00 WITH MOSS UTILITIES LLC.
WHEREAS, due to unforeseen acts of nature, the integrity of the aerial sewer line
located within Kreymer Estates at Rush Creek, south of Stanbridge Drive, near the end of East
Oak Street has been compromised and must undergo an emergency repair; and
WHEREAS,the crossing is approximately 35 years old, and erosion of the bank near the
aging pipe has moved/removed structural supports required to keep the main in place; and
WHEREAS, without repair, high water from upcoming rainfalls could wash away
portions of the existing pipe and expose the waterways to unsanitary health conditions; and
WHEREAS, Moss Utilities LLC specializes in sewer line rehabilitation services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to ratify on
behalf of the City Council of the City of WYLIE, Texas, emergency repairs in the estimated
amount of$158,000.00 to be provided by Moss Utilities LLC; and
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on
this the 24th day of July, 2018.
ERIC HOGUE, Mayor
ATTEST TO:
STEPHANIE STORM, City Secretary
Resolution No.2018-25(R)
Kreymer Aerial Sewer Line Rehabilitation
Wylie City Council
i TY OF AGENDA REPORT
Meeting Date: July 24, 2018 Item Number: G
Department: Fire (City Secretary's Use Only)
Prepared By: J. Brent Parker Account Code: Revenue 100-4000-43532
Date Prepared: May 31, 2018 Budgeted Amount: $78,454.31
Exhibits: 2
Subject
Consider, and act upon, Resolution No. 2018-26(R) authorizing the City Manager of the City of Wylie, Texas,
to execute an Interlocal Agreement by and between the City of Wylie and the Town of Fairview for the
performance of governmental functions and services; specifically, emergency dispatch services associated with
fire,rescue, and emergency medical services first responder general fire services.
Recommendation
Motion to approve, Resolution No. 2018-26(R) authorizing the City Manager of the City of Wylie, Texas, to
execute an Interlocal Agreement by and between the City of Wylie and the Town of Fairview for the
performance of governmental functions and services; specifically, emergency dispatch services associated with
fire,rescue, and emergency medical services first responder general fire services.
Discussion
The City of Wylie has been providing dispatching services to the Town of Fairview since 2013. Both entities
have concurred to a renewal.
Page 1 of 1
RESOLUTION NO. 2018-26(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE
TOWN OF FAIRVIEW FOR THE PERFORMANCE OF
GOVERNMENTAL FUNCTIONS AND SERVICES; SPECIFICALLY,
EMERGENCY DISPATCH SERVICES ASSOCIATED WITH FIRE,
RESCUE, AND EMERGENCY MEDICAL SERVICES FIRST
RESPONDER GENERAL FIRE SERVICES.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement by
and between the Town of FAIRVIEW and the City of WYLIE, Texas for the performance of
governmental functions and services, specifically, emergency dispatch services associated with
fire rescue, and emergency medical services first responder general fire services,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 24th day of July, 2018..
ERIC HOGUE, Mayor
ATTEST TO:
STEPHANIE STORM, City Secretary
Resolution No. 2018-26(R)—
Interlocal Agreement by and between the
Town of Fairview and the City of Wylie
for Dispatch Services. Page 1 of 1
INTERLOCAL AGREEMENT FOR
COMMUNICATIONS CENTER AND DISPATCH SERVICES
This Interlocal Agreement for Communications Center and Dispatch Services
("Agreement") is entered into by and between the City of Wylie, Texas, a home-rule
municipality ("Wylie") and the Town of Fairview, Texas, a home-rule municipality
("Fairview"). Wylie and Fairview are at times each referred to herein as a "party" or collectively
as the "parties."
WHEREAS, Wylie has established a comprehensive regional public safety and public
service communications and dispatch center("Communications Center"); and
WHEREAS, Wylie's Communications Center is equipped with radio, telephone and data
equipment and is designated as a 911 emergency communications Public Safety Answering Point
("PSAP"); and
WHEREAS, Wylie currently has equipment and operator capacity above and beyond the
immediate needs of Wylie and has offered to make such equipment and operators available to
address the regional communications/dispatch needs for the purpose of local government/agency
communications; and
WHEREAS, Wylie has determined that it is in the best interests of the public to share its
communication facility, equipment and personnel capabilities with cities, towns, fire
departments, emergency medical care providers and other governmental entities in order to
facilitate more effective and efficient use of the Communications Center; and
WHEREAS, Fairview has requested that Wylie provide communications and dispatch
services to Fairview, and Wylie has agreed to provide such services under the terms and
conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas
Government Code (otherwise known as the Interlocal Cooperation Act) and specifically Section
791.006(a) of the Texas Government Code, as amended; and
WHEREAS, the provision of communications and dispatch services is a governmental
function that serves the public health and welfare and is of mutual concern to the parties; and
WHEREAS, Wylie and Fairview deem it to be in the best interest of both parties to enter
into this Agreement; and
WHEREAS, each party paying for the performance of governmental functions or services
is making those payments from current revenues available to the paying party and all payments
are in an amount that fairly compensates the performing party for the services or functions
performed under this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, Wylie
and Fairview hereby agree as follows:
1. Performance of Services.
Interlocal Agreement for Communications Center and Dispatch Services Page 1
2462394
a. Wylie shall provide to Fairview, on a non-exclusive basis, communication and
dispatch services through its Communications Center for the following
emergencies: fire, medical, weather, hazardous materials and other general civil
emergencies (collectively, "Services"). In order to facilitate the Services,
Fairview shall provide to Wylie's communications personnel, on a continuing
basis, all necessary street, apparatus and response information, as well as all
necessary dispatching information unique to Fairview's operations.
b. Without waiving any governmental immunity to which it is entitled, Wylie agrees
to and accepts full responsibility for the acts, negligence and/or omissions of all
Wylie employees and agents in connection with the performance of the Services.
c. Without waiving any governmental immunity to which it is entitled, Fairview
agrees to and accepts full responsibility for the acts, negligence and/or omissions
of all Fairview employees and agents. It is also the responsibility of Fairview to
ensure that its use of the Communications Center conforms to all Federal
Communications Commission rules and regulations.
d. On an ongoing basis, Wylie and Fairview agree to provide complete and adequate
training to personnel selected by Fairview and/or Wylie in the use of the
Communications Center.
e. It is specifically agreed and understood by the parties hereto that this Agreement
is permissive only and no property rights are granted hereunder.
f. In the event Fairview or Wylie should fail to fulfill any of its obligations
hereunder or shall violate any municipal, county, state or federal law, the other
party shall have the option of terminating this Agreement by giving written notice
of such violation and intent to terminate thirty (30) days in advance of the
effective date of the termination.
g. Correspondence, comments, requests, and complaints regarding Services rendered
under this Agreement shall be reduced to writing and forwarded to the persons
designated below. Failure to properly forward comments, requests, demands, and
complaints may be considered as sufficient cause to terminate this Agreement
under Section 1(f) above.
h. The Services shall not arbitrarily be withheld, but it is understood by the parties
that unforeseen circumstances may arise which prevent Wylie from providing
Services at a particular time. It is recognized that Wylie has the duty and
responsibility of rendering Services to citizens of both Wylie and Fairview. In the
performance of the Services, Wylie shall have the sole responsibility and
discretion to determine priorities in the dispatching and use of equipment and
personnel. In the event that Wylie determines that it cannot provide continuous
and uninterrupted Services to Fairview during the Primary Term of this
Agreement (and any Renewal Term), Wylie shall use its best efforts to promptly
notify Fairview of the interruption in provision of the Services and the estimated
time until Services will be resumed.
Interlocal Agreement for Communications Center and Dispatch Services Page 2
2462394
2. Term. The term of this Agreement shall commence on October 1, 2018 and shall
terminate one (1) year after the Effective Date ("Primary Term"), unless terminated earlier in
accordance with this Agreement. Upon the completion of the Primary Term, this Agreement
shall automatically renew for five (5) successive one (1) year periods ("Renewal Terms"), unless
terminated earlier by either party in accordance with this Agreement.
3. Termination. This Agreement may be terminated on the occurrence of either of the
following:
a. Either party may terminate the Agreement by providing the other party written notice
of termination at least ninety(90) days prior to the anticipated date of termination; or
b. Mutual agreement of termination of the Agreement, executed in writing by both
parties, without the requisite ninety(90) days prior written notice.
In the event of a termination, Wylie shall be compensated on a pro-rata basis for all Services
performed to the teimination date. In the event of teimination, should Wylie be over-
compensated on a pro-rata basis for all Services performed to the termination date, Fairview
shall be reimbursed on a pro-rata basis for all such over-compensation. Receipt of payment
and/or reimbursement shall not constitute a waiver of any claim that may otherwise arise out of
this Agreement. At the sole discretion of Wylie, this Agreement may be terminated or
renegotiated in the event Fairview annexes additional territory into its corporate limits and/or
increases the area that Fairview serves. Immediately upon the completion of any annexation
proceedings, Fairview shall notify Wylie of the annexation, in writing, and provide Wylie with a
legal description of the annexed area.
4. Compensation. Fairview, out of current revenues available to it, shall pay to Wylie the
amount of seventy-eight thousand four hundred fifty-four and 31/100 dollars ($78,454.31) as
compensation for Wylie's provision of the Services during the Primary Tenn and each Renewal
Term of this Agreement, except as otherwise provided in this Section. Such amount is based
upon the costs incurred by Wylie in order to fulfill Wylie's obligations under this Agreement
("Compensation Amount"). Fairview shall pay the Compensation Amount to Wylie net 30 days
of date on the invoice during the Primary Tel iii and each Renewal Teen of this Agreement.
For any Renewal Term, the Compensation Amount shall be adjusted to an amount equal
to the sum of Wylie's annual costs to cover: (i) the base pay rate for an entry-level dispatcher
increased by any costs of living and/or average merit pay increases that are budgeted for the
upcoming fiscal year; (ii) such dispatcher's expected overtime pay; and (iii) employee benefits
noiiiially provided to such a dispatcher position by Wylie that are separate and apart from pay
rate and overtime pay. During each Renewal Term, Fairview shall pay to Wylie an annual fee, in
addition to the Compensation Amount, for administrative services in the amount of ten percent
(10%) of the Compensation Amount. The formula for determining the Compensation Amount
shall be reviewed by Wylie and Fairview during each Renewal Term of this Agreement for
possible adjustments, but Wylie shall have the final determination as to the Compensation
Amount for each successive term of this Agreement.
So that Wylie and all entities or agencies participating in the Communications Center
may have projected cost estimates in advance of the normal municipal budgeting cycle, Wylie
Interlocal Agreement for Communications Center and Dispatch Services Page 3
2462394
shall evaluate and determine the estimated cost for participation for the next fiscal year with this
estimate to include the annual service fees and rate increases, based on this annual review, to be
determined by Wylie prior to April 1st of each year and shall be effective for Services received
after October 1st, the beginning of a new fiscal year for Wylie of each year. Wylie shall notify
Fairview of any rate increases for Services perfoziiied or in the annual service fee by certified
mail, mailed to the person designated in this Agreement to receive such notices, on or before
April 1st of each year. To the extent that the total amount of any such increases communicated
by Wylie, including both the Compensation Amount and the ten percent (10%) fee for
administrative services, would be in excess of fifteen percent (15%) of the full amount of
Fairview's payment due for the then-current term, Fairview may, at its discretion, elect to
terminate this Agreement by providing Wylie written notice of termination at least ninety (90)
days before the start of the successive Renewal Term. In such an event, this Agreement shall be
deemed to teiiiiinate immediately before said Renewal Teliii would have commenced and the
parties shall have no further obligations under this Agreement.
The Compensation Amount due for any term of this Agreement shall be prorated in the
event a party elects to terminate this Agreement in accordance with the tex ins of this Agreement
prior to the expiration of the then-current term.
Notwithstanding anything to the contrary in this Agreement and in addition to the
Compensation Amount and any other fees required under this Agreement, Fairview shall pay all
expenses for operation and maintenance of any equipment of facilities installed and operated at
the Communications Center for the use of Fairview. Radio equipment transmitting on
frequencies used by Fairview or its service area is an example of the types of equipment or
facilities that fall into this category for deteiiiiination of costs.
5. Miscellaneous Provisions.
a. Consideration.
This Agreement contains the entire agreement of the parties with respect to the
matters contained herein and may not be modified or terminated except upon the
provisions hereof or by the mutual written agreement of the parties hereto.
b. Indemnity. FAIRVIEW SHALL DEFEND, RELEASE, INDEMNIFY AND HOLD
HARMLESS WYLIE, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES
AND/OR EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS,
LEGAL PROCEEDINGS, DEMANDS, DAMAGES OR JUDGMENTS, INCLUDING ALL
EXPENSES,ATTORNEY FEES,WITNESS FEES,COSTS,AND COSTS AND EXPENSES OF
APPEALS THEREFROM, ARISING OUT OF FAIRVIEW'S PERFORMANCE OF THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE INTENTIONAL OR
NEGLIGENT ACTS AND/OR OMISSIONS OF FAIRVIEW, ITS OFFICERS, AGENTS,
SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES, AND REGARDLESS OF THE
JOINT OR CONCURRENT NEGLIGENCE OF WYLIE, ITS OFFICERS, AGENTS,
SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES. THIS PARAGRAPH SHALL
SURVIVE TERMINATION OF THIS AGREEMENT.
c. Notice. Any notice provided or permitted to be given under this Agreement must
be in writing and may be served by depositing same in the United States mail,
Interlocal Agreement for Communications Center and Dispatch Services Page 4
2462394
addressed to the party to be notified, postage pre-paid and registered or certified
with return receipt requested, or be delivered the same in person to such party via
a hand-delivery service, Federal Express or any courier service that provides a
return receipt showing the date of actual delivery of same to the addressee thereof.
Notice given in accordance herewith shall be effective upon receipt at the address
of the addressee. For purposes of notification, the addresses of the parties shall be
as follows:
If to Fairview, to: Fairview Fire Department
Attn: Jeff Bell, Fire Chief
372 Town Place
Fairview, Texas 75069
If to Wylie, to: City of Wylie
Attn: Brent Parker, Fire Chief
300 Country Club Road
Wylie, Texas 75098
d. Entire Agreement. This Agreement represents the entire and integrated agreement
between the parties hereto and supersedes all prior negotiations, representations
and/or agreements, either written or oral. This Agreement may be amended only
by a written instrument signed by both parties.
e. Venue and Governing Law.
This Agreement and any of its terms or provisions, as well as the rights and duties
of the parties hereto, shall be governed by the laws of the State of Texas, and both
parties agree that venue shall be in Collin County, Texas.
f. Binding Effect.
This Agreement shall be binding on and inure to the benefit of the Parties and
their respective heirs, executors, administrators, legal representatives, successors,
and assigns when permitted by this Agreement.
g. Authority to Execute.
The individuals executing this Agreement on behalf of the respective parties
below represent to each other and to others that all appropriate and necessary
action has been taken to authorize the individual who is executing this Agreement
to do so for and on behalf of the party for which his or her signature appears, that
there are no other parties or entities required to execute this Agreement in order
for the same to be an authorized and binding agreement on the party for whom the
individual is signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof.
h. Severability. The provisions of this Agreement are severable. In the event that
any paragraph, section, subdivision, sentence, clause or phrase of this Agreement
shall be found to be contrary to the law, or contrary to any rule or regulation
having the force and effect of the law, such decisions shall not affect the
Interlocal Agreement for Communications Center and Dispatch Services Page 5
2462394
remaining portions of this Agreement. However, upon the occurrence of such
event, either party may terminate this Agreement by giving the other party fifteen
(15) days written notice of its intent to teliiiinate.
i. Amendments. Wylie and Fairview may amend this Agreement only by an
instrument in writing signed by both parties.
j. Multiple Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An
electronic mail and/or facsimile signature will also be deemed to constitute an
original if properly executed and delivered to the other party.
k. Assignment. This Agreement is not assignable.
1. Immunity. It is expressly understood and agreed that, in the execution and
performance of this Agreement, the parties have not waived, nor shall be deemed
hereby to have waived, any immunity, governmental, sovereign and/or official, or
defense that would otherwise be available to them against claims arising in the
exercise of governmental powers and functions. By entering into this Agreement,
the parties do not create any obligations, express or implied, other than those set
forth herein.
m. Representations. Each signatory represents that this Agreement has been read by
the party for which this Agreement is executed, and that each party has had an
opportunity to confer with counsel, on the matters contained herein.
n. Drafting Provisions. This Agreement shall be deemed to have been drafted
equally by all parties hereto. The language of all parts of this Agreement shall be
constructed as a whole according to its fair and common meaning, and any
presumption or principle that the language herein is to be construed against any
party shall not apply. Headings in this Agreement are for the convenience of the
parties and are not intended to be used in construing this Agreement.
o. Independent Contractor. Except as otherwise expressly provided herein, Fairview
and Wylie agree and acknowledge that each entity is not an agent of the other
entity and that each entity is responsible for its own acts, forbearance, negligence
and deeds, and for those of its agents or employees in conjunction with the
performance of work covered under this Agreement.
P. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to
create any right in any third party not a signatory to this Agreement, and the
parties do not intend to create any third-party beneficiaries by entering into this
Agreement.
q. Records. By entering into this Agreement, neither party is provided with any
contractual right of access to any records or information created, received, or
maintained by the other party unless expressly stated herein. Each party is
independently responsible for compliance with any requests received pursuant to
Interlocal Agreement for Communications Center and Dispatch Services Page 6
2462394
the Texas Public Information Act, and any third party seeking information
generated or maintained by a party to this Agreement should submit requests for
such information directly to that party.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective when all the parties have signed it. The date this Agreement is signed
by the last party to sign it (as indicated by the date associated with that party's signature below)
will be deemed the effective date of this Agreement ("Effective Date").
TOWN OF FAIRVIEW, TEXAS CITY OF WYLIE, TEXAS
Julie Couch, Town Manager Mindy Manson, City Manager
Date: Date:
ATTEST: ATTEST:
Tenitrus Bethel, Town Secretary Stephanie Storm, City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
Clark McCoy Abernathy Roeder Boyd& Hullett, P.C.
Town Attorney Ryan D. Pittman, City Attorneys
Interlocal Agreement for Communications Center and Dispatch Services Page 7
2462394
Wylie City Council
CITY OF AGENDA REPORT
i
Meeting Date: July 24, 2018 Item Number: H
Department: Fire (City Secretary's Use Only)
Prepared By: Fire Account Code:
Date Prepared: July 11, 2018 Budgeted Amount:
Exhibits: 3
Subject
Consider, and act upon, Resolution No. 2018-27(R) of the City Council of the City of Wylie, Texas, repealing Resolution
No. 2016-19(R) and hereby authorizing the City Manager to accept the donation of the Collin County Mobile Incident
Command Post to the City of Wylie and to execute any necessary documents.
Recommendation
Motion to approve Resolution No. 2018-27(R) of the City Council of the City of Wylie, Texas, repealing Resolution No.
2016-19(R) and hereby authorizing the City Manager to accept the donation of the Collin County Mobile Incident
Command Post to the City of Wylie and to execute any necessary documents.
Discussion
Collin. County Commissioners' Court has approved the donation of the Collin County Mobile Incident Command Post
transfer to the City of Wylie. This resource will continue to benefit the City of Wylie, as well as, Collin County and other
governmental entities in the region in which the City of Wylie maintains mutual aid agreements. This Transfer
Agreement will terminate the MICP Memorandum of Understanding (MOU) between the City of Wylie and Collin
County dated September 12, 2016 referencing Resolution No. 2016-19.
The transfer of the MICP to the City of Wylie will be in compliance with all guidelines for the transfer and receipt of
equipment purchased with State and/or Federal grant funds. This Regional Equipment Transfer Agreement specifies that
the Receiving Jurisdiction will:
• Maintain all aspects of the asset including property records, physical inventory, control system, maintenance procedures,
records retention, disposition, and comply with all grant requirements referring to the Equipment Inventory Requirements;
• Ensure the equipment is used only as allowable under the grant, and
• Ensure any deployable equipment will be made available during an event requiring a regional, statewide, or national
response
This transfer confers responsibility for the operation, maintenance, training, and response of the MICP to the City of
Wylie.
Page 1 of 1
RESOLUTION NO. 2018-27(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, REPEALING RESOLUTION NO. 2016-19(R) AND HEREBY
AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION
OF THE COLLIN COUNTY MOBILE INCIDENT COMMAND POST TO
THE CITY OF WYLIE AND TO EXECUTE ANY NECESSARY
DOCUMENTS.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
accept the donation of the Collin County Mobile Incident Command Post to the City of Wylie
and execute any necessary documents.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 24th day of July 2018.
ERIC HOGUE, Mayor
ATTEST TO:
STEPHANIE STORM, City Secretary
Resolution No.2018-27(R)
Collin County Mobile Incident Command Post Donation
RESOLUTION NO. 2016-19(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY
MANAGER OF THE CITY OF WYLIE, TEXAS, TO
EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE
FOR USE AND STORAGE OF COLLIN COUNTY'S
MOBILE INCIDENT COMMAND POST.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, a Memorandum of
Understanding between Collin County and the City of Wylie for use and storage of Collin
County's Mobile Incident Command Post.
SECTION 2: This Resolution shall take effect immediately upon its passage.
111
RESOLVED THIS THE 9th day of August,2016.
r
, �
ERIC HOGUE, i a CO
ATTEST TO:
C OLE EHRL CH, City Secretary
:Lfi COLORApO
A4ltp PC RALLY qY
1887
r4$E of
I
Resolution No.2016-19(R)—
MICP/MOU Page 1 of 1
COURT ORDER NO. 2016- CQ€ 0 -09-12
THE STATE OF TEXAS
COUNTY OF COLLIN
Subject: Memorandum of Understanding, City of Wylie—Homeland Security
. On September 12, 2016, the Commissioners Court of Collin County, Texas, met in regular
session with the following members present and participating, to wit:
Keith Self County Judge, Presiding
Susan Fletcher Commissioner, Precinct 1
Cheryl.Williams Commissioner, Precinct 2
Chris Hill Commissioner, Precinct 3
Duncan Webb Commissioner, Precinct 4
During such session the court considered a request for approval of a Memorandum of
Unders
tanding with the Cityof Wylie.
Y
Thereupon, a motion was made, seconded and carried with a majority vote of the court for
approval of a Memorandum of Understanding with the City of Wylie to support the County's
requirements for the stationing, emergency response and maintenance for the Mobile Incident
Command Post (MICP). Same is hereby approved as per the attached documentation.
4,
: ,.
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\\ccdata0l\Commissioner Court\shepherdge\1 Word Data\Court 2016\COURT ORDERS\09-12-16 Court\Signed\42080-MOU-Stationing,Emergency Reponse and Maintenance-MICP
0912.doc
COLLIN
COUNTY
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WYLIE, ACTING
BY AND THROUGH THE WY1 LIE FIRE
DEPARTMENT AND COLLIN COUNTY,
ACTING BY AND THROUGH THE COLLIN
COUNTY DEPARTMENT OF EMERGENCY
MANAGEMENT
Collin County Mobile Incident Command Post
(1VIICP)
Page 1 of 5
1890990
Whereas, the City of Wylie, Texas, acting by and through the Wylie Fire Department (hereinafter
referred to as "WFD"), and Collin County, Texas, acting by and through its Department of Emergency
Management (hereinafter referred to as "CCDEM"), find that WFD and CCDEM's respective
departmental missions to be congruent and their respective capabilities complementary in many respects;
and
Whereas, WFD and CCDEM have a mutual interest in protecting the residents of Collin County during
natural and man-made disaster, as well as, other emergency situations; and
Whereas, WFD and CCDEM have a mutual interest in providing the capability to respond the CCDEM
Mobile Incident Command Post ("MICP') in the event the MICP is requested. WFD further agrees to
house and store the MICP in its Fire Station No. Two at its expense until a response is necessary and will
provide delivery, set-up and communication services to requesting entities under the terms of this
Memorandum of Understanding.
THEREFORE, COLLIN COUNTY, TEXAS AND THE CITY OF WYLIE, TEXAS AGREE IN
THIS MEMORANDUM OF UNDERSTANDING AS FOLLOWS:
I. Term of agreement
The term of this Memorandum of Understanding shall be from July 1, 2016 and shall continue in
force and effect on a year-to-year basis thereafter until terminated utilizing the provisions set forth in
Section Five(5)herein titled"Procedures for Amendments and Termination."
II. Services to be Provided
For the purpose of this Memorandum of Understanding, each party will provide the following MICP-
related services on an as-needed basis during the term of this Memorandum of Understanding, except
where specifically noted otherwise:
A. By WFD on behalf of the City of Wylie:
1. Provide personnel as needed to deliver, set-up and assist with needs regarding the MICP for the
duration of the requested response.
2. Provide leadership person for assuming a command and control position and take responsibility
for the MICP pre-and post-incident.
3. Provide statistical information regarding service runs in Collin County.
4. Provide a current inventory list of all equipment assigned to the MICP that is owned by WFD.
5. Respect and conform to the MICP-related operational protocols of CCDEM and maintain
response, use and inventory records to the CCDEM.
6. Provide for housing and storage of the MICP in WFD Fire Station No. Two and any related
ancillary equipment at all times when not being used for an emergency response.
7. Provide training to all members of WFD who are attached to MICP responses to include TCFP
certifications for Drivers and communications certifications for Communications Operators.
8. Maintain MICP and related ancillary equipment at all times for the term of this Memorandum of
Understanding and make it readily available as a first response vehicle at all times of the day,
night, or week.
9. Coordinate and provide MICP-related staff training and coordinate and provide continuing
education for all WFD personnel on a routine basis.
10. Be competent in establishing communications utilizing equipment on MICP.
Page 2 of 5
1890990
11. Follow MICP instrument safety guidelines and manufacturer's guidelines.
12. Repair or replace any equipment on.the MICP that is damaged when under WFD's care at its sole
cost and expense or, at WFD's option, using WFD applicable insurance/City of Wylie's insurance
or Risk Management program to subrogate expenses for any damage that occurs to the equipment
on the MICP or ancillary equipment when under WFD's care.
13. Determine, coordinate' and utilize best practices for deployment and response of MICP to
requested incidents.
By CCDEM on behalf of Collin County:
•
1. Provide regularly scheduled maintenance and repair to the MICP.
2. Meet regularly with representatives of WFD to coordinate efforts on requested MICP-related
responses.
3. Provide the most current equipment and inventory in the possession of CCDEM that is owned by
CCDEM and assigned to the MICP.
4. Continue to seek grants and/or funds for MICP equipment, or the repair or maintenance of the
MICP.
5. Repair or replace the MICP and any equipment on the MICP that is damaged when under
CCDEM's care at its sole cost and expense or, at CCDEM's option, using CCDEM/Collin
County's applicable, insurance or Risk Management program to subrogate expenses for any
damage that occurs, the MICP or ancillary equipment when under CCDEM care or operation.
M.Exchange of Information'
Information acquired by either WFD or"CCDEM regarding citizens, community or businesses to be
served and that is related,to the WFD's or CCDEM's functions and responsibilities will be made
mutually accessible by the parties to provide an integrated approach to fire department support and to
avoid unnecessary duplication of services..
This information will be shared only to the extent permitted by regulations requiring confidentiality
of participant records: WFD and CCDEM will cooperate in sharing information on the status and
outcome of services provided to the extent allowed by applicable law. `.
WFD and CCDEM representatives will conduct quarterly meetings and in addition agree to meet as
needed to discuss public,safety issues and matters regarding responses, needs,`inventory and other
subject matters as is necessary to carry out the intent of this Memorandum of Understanding and the
parties' objectives.
IV.Evaluation and Review
In order to provide a vehicle for on-going evaluation, review, and discussion of operational issues,
both parties agree to communicate on a quarterly basis, or more often as is necessary to discuss issues
related to the implementation of this Memorandum of Understanding.
V. Procedures for Amendments and Termination
1. This Memorandum of Understanding may be amended by the mutual written consent of both
parties. In addition, this Memorandum of Understanding and any amendments thereof shall
remain in effect until terminated by either party upon providing at least ninety (90) days written
notice of termination to the other party.
Page 3 of 5
1890990
2. In addition to the foregoing, Collin County or CCDEM may immediately terminate this
Memorandum of Understanding in the event the County or CCDEM determines in its sole
discretion there exist circumstances of breach of this Memorandum of Understanding, misuse of
the MICP, unsafe driving, or for a failure to report accidents or provide records regarding the
WFD's use of the MICP:' In addition to the foregoing, the City of Wylie or WFD may
immediately terminate this Memorandum of Understanding in the event the City of Wylie or
WFD determines in its sole discretion there exist circumstances of breach of this Memorandum of
Understanding.
VI.Insurance
1. Worker's Compensation Coverage. Each party shall be responsible for its own actions and those
of its employees and is responsible for complying with the Texas Workers' Compensation Act.
2. Automobile Liability Coverage. Collin County shall be responsible for complying with the Texas
motor vehicle financial responsibility laws as they relate to the MICP.
3. Liability. To the extent permitted by law and without waiving sovereign immunity, each party
shall be responsible for any and all claims, demands, suits, actions, damages, and causes for
action related to or arising out of or in any way connected with its own actions, and the actions of
its personnel in providing services pursuant to the terms and conditions of this Memorandum of
Understanding. Each party agrees to maintain general liability insurance or a comparable self-
insurance program.
4. Other Coverage. Each party shall provide and maintain its standard packages of medical and
death benefit insurance coverage or comparable self-insurance program.
VII.Miscellaneous
1. Address of asset location: 555 Country Club Dr.,Wylie, TX 75098.
2. Sovereign Immunity. It is expressly understood and agreed that, in the execution and
performance of this Memorandum of Understanding, the parties have not waived, nor shall be
deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or
defense that would otherwise be available to them against claims arising in the exercise of
governmental powers and functions. By entering into this Memorandum of Understanding, the
parties do not create any obligations, express or implied, other than those set forth herein.
3. Independent Contractor. Except as otherwise expressly provided herein, the parties agree and
acknowledge that each entity is not an agent of the other entity and that each entity is responsible
for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in
conjunction with the performance of work covered under this Memorandum of Understanding.
4. No Third Party Beneficiaries. Nothing in this Memorandum of Understanding shall be construed
to create any right in any third party not a signatory to this Memorandum of Understanding, and
the parties do not intend to create any third party beneficiaries by entering into this Memorandum
of Understanding.
5. Assignment. This Memorandum of Understanding is not assignable.
6. Entire Agreement. This Memorandum of Understanding represents the entire and integrated
agreement between the parties and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Memorandum of Understanding may be amended only by
written instrument duly executed by both parties.
Page 4 of 5
1890990
In witness whereof the parties hereto have affixed their signatures as written below:
Collin Coun' T xas
,////14/
Keith Self, Date
County Judge
Attes .
ollin 7OUfl21L2
Clerk
City of Wylie,Texas
rM5-‘ (1 6
Mindy Manso Date
City Manager
Attest: C`(.,(rf;_r-
C �r l ills ;� Sri' •�'/
� 1 �
Ci Secretary AM If E �
GIT
Acknowledged and Approved '�n ��r
\\ 5R�
Collin County Department of Emergency Management
mes McCrone Date
Director of Emergency Management
Wylie Fire Department
Okli
Brent Parker, Chief Date
Page 5 of 5
1890990
Wylie City Council
c . r AGENDA REPORT
Meeting Date: July 24, 2018 Item Number: I
Department: Public Works (City Secretary's Use Only)
Prepared By: Tim Porter Account Code: N/A
Date Prepared: July 16, 2018 Budgeted Amount: N/A
Exhibits: Resolution
Subject
Consider, and act upon, approval of Resolution No. 2018-28(R) authorizing the City Manager to execute an
easement for drainage facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water
District and Herzog Development Corporation.
Recommendation
Motion to approve Resolution No. 2018-28(R) authorizing the City Manager to execute an easement for drainage
facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water District and Herzog
Development Corporation.
Discussion
The North Texas Municipal Water District (NTMWD) owns Maxwell Creek Landfill south of the proposed
Woodbridge Townhomes Tract 4 project. Design of the proposed drainage features requires a drainage
headwall structure and concrete rip-rap to be located on the NTMWD site. This agreement establishes
maintenance responsibility for the structure and rip-rap, as well as responsibility for the immediate surrounding
area during construction activities. Headwall features are reflected in the permanent easement, while the
temporary easement envelops the remaining disturbed area on the landfill site.
All improvements follow civil design plans previously approved by City staff and agreed to by the NTMWD.
Page 1 of 1
RESOLUTION NO. 2018-28(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO EXECUTE AN EASEMENT FOR
DRAINAGE FACILITIES FOR WOODBRIDGE TOWNHOMES TRACT 4
FOR THE NORTH TEXAS MUNICIPAL WATER DISTRICT AND
HERZOG DEVELOPMENT CORPORATION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, the easement for drainage
facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water District and
Herzog Development Corporation,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 24th day of July, 2018.
ERIC HOGUE, Mayor
ATTEST TO:
STEPHANIE STORM, City Secretary
Resolution No.2018-28(R)
Easement for drainage facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water District and Herzog Development
Corporation
1
EXHTBIT "A"
Easement
Resolution No.2018-28(R)
Easement for drainage facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water District and Herzog Development
Corporation
2
\NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS
AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER.
AFTER RECORDING RETURN TO:
City of Wylie
Attn:City Engineer
300 Country Club Road
Wylie,Texas 75098
DRAINAGE EASEMENT AGREEMENT
(with Temporary Easement)
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
RECITALS
WHEREAS, North Texas Municipal Water District is a conservation and reclamation
district created under Section 59, Article XVI of the Texas Constitution; and
WHEREAS, North Texas Municipal Water District owns Maxwell Creek Landfill
located in Sachse, Texas; and
WHEREAS, Maxwell Creek Landfill is a closed facility; and
WHEREAS, the Texas Commission on Environmental Quality and the Environmental
Protection Agency continue to monitor Maxwell Creek Landfill to ensure it remains in
compliance with all federal and state laws and regulations; and
WHEREAS, Maxwell Creek Landfill will contain a passive landfill gas collection
system, and currently contains landfill gas monitoring probes and groundwater monitoring wells
for collecting any potentially migrating landfill gas and for the monitoring of landfill gas and
groundwater for compliance with federal and state laws and regulations; and
WHEREAS, Herzog Development Corporation is developing the tracts of land to the
north and east of Maxwell Creek Landfill (the east tract referred to as Woodbridge Townhomes
Tract 4); and
WHEREAS, in order for Herzog Development Corporation to develop Woodbridge
Townhomes Tract 4, Herzog Development Corporation has requested a drainage easement across
a portion of Maxwell Creek Landfill for a box culvert and other drainage facilities; and
WHEREAS, Herzog Development Corporation will construct the drainage facilities on a
drainage easement and maintain them for two years; and
Drainage Easement Agreement Page 1 of 15
2465952
WHEREAS, it is the intention of Herzog Development Corporation that the City of
Wylie, after inspection, will accept the drainage facilities and be responsible for their
maintenance and repair thereafter; and
WHEREAS, North Texas Municipal Water District, the City of Wylie, and Herzog
Development Corporation (hereinafter may be referred to singularly as "Party" or collectively as
the "Parties") agree to enter into this Drainage Easement to establish the drainage easement and
to set forth the duties and responsibilities of North Texas Municipal Water District, Herzog
Development Corporation, and the City of Wylie.
TEMPORARY EASEMENT
That NORTH TEXAS MUNICIPAL WATER DISTRICT, a Texas Conservation and
Reclamation District ("Grantor"), for and in consideration of the sum of TEN DOLLARS
($10.00) cash in hand to Grantor paid by the HERZOG DEVELOPMENT CORPORATION,
a Texas corporation ("Grantee Herzog"), the receipt of which are hereby acknowledged, and for
which no lien is retained, either expressed or implied, does hereby GRANT, SELL AND
CONVEY unto Grantee Herzog a temporary easement and right to construct, reconstruct, erect,
operate, repair, re-build, replace, alter, remove and maintain drainage facilities in the form of a
box culvert and apron, together with all incidental improvements, and all necessary laterals
(collectively, "Facilities"), over, across, in, on, under and through certain real property owned by
Grantor and located in the City of Sachse, Collin County, Texas, as more particularly depicted in
Exhibit A, attached hereto and incorporated herein for all purposes ("Temporary Easement"),
and as depicted in Exhibit B, attached hereto and incorporated herein for all purposes. As part of
the grant hereby made, it is agreed between Grantor and Grantee Herzog that any stone, earth,
gravel or caliche which may be excavated in the opening, construction or maintenance of said
Temporary Easement may be removed from said premises by Grantee Herzog.
TO HAVE AND TO HOLD the Temporary Easement unto the Grantee Herzog, together
with the right and privilege at all times to enter the Temporary Easement, or any part thereof, for
the purpose of constructing, reconstructing, operating, repairing, re-building, replacing, altering,
removing and maintaining the Facilities until the Temporary Easement terminates according to
the terms hereof.
Grantor does hereby bind itself and its successors to WARRANT AND FOREVER
DEFEND all and singular the Temporary Easement unto Grantee Herzog, it successors and
assigns, if pezmitted, against every person whomsoever lawfully claiming or to claim the same or
any part thereof, by, through or under Grantor, but not otherwise.
The Temporary Easement shall automatically terminate on the date that Grantee City
(defined below) issues its final acceptance of the Facilities; provided, however, that should
Grantee City need additional time for the Temporary Easement to remain in full force and effect,
Grantor shall extend the date of termination of the Temporary Easement granted herein, as
reasonably determined by Grantee City, but not to exceed six months after the expiration of two
Drainage Easement Agreement Page 2 of 15
2465952
years after the date of this Drainage Easement Agreement. The termination of the Temporary
Easement under this provision does not affect the Permanent Easement granted herein.
Grantee City shall provide Grantor and Grantee Herzog written notice indicating its
acceptance of the Facilities. A Party or the Parties then may file a document with the Real
Property Records stating the Temporary Easement has terminated according to the terms of this
Temporary Easement.
PERMANENT EASEMENT
That NORTH TEXAS MUNICIPAL WATER DISTRICT, a Texas Conservation and
Reclamation District ("Grantor"), for and in consideration of the sum of TEN DOLLARS
($10.00) cash in hand to Grantor paid by the CITY OF WYLIE, TEXAS, a home-rule
municipality ("Grantee City"), the receipt of which are hereby acknowledged, and for which no
lien is retained, either expressed or implied, does hereby GRANT, SELL AND CONVEY unto
Grantee City the easement and right to construct, reconstruct, operate, repair, enlarge, re-build,
replace, relocate, alter, remove and perpetually maintain the Facilities, over, across, in, on, under
and through certain real property owned by Grantor and located in the City of Sachse, Collin
County, Texas, as more particularly depicted in Exhibit A, attached hereto and incorporated
herein for all purposes ("Permanent Easement"), and as described in Exhibit C, attached hereto
and incorporated herein for all purposes. As part of the grant hereby made, it is agreed between
Grantor and Grantee City that any stone, earth, gravel or caliche which may be excavated in the
opening, construction or maintenance of said Permanent Easement may be removed from said
premises by Grantee City.
TO HAVE AND TO HOLD the Permanent Easement perpetually unto the Grantee City,
its successors and assigns, together with the right and privilege at all times to enter the
Permanent Easement, or any part thereof, for the purpose of constructing, reconstructing,
operating, repairing, enlarging, re-building, replacing, relocating, altering, removing and
perpetually maintaining the Facilities.
Grantor does hereby bind itself and its successors to WARRANT AND FOREVER
DEFEND all and singular the Permanent Easement unto Grantee City, its successors and assigns,
if permitted, against every person whomsoever lawfully claiming or to claim the same or any
part thereof, by, through or under Grantor, but not otherwise.
Temporary and Permanent Easements Coexist.
The Temporary Easement is coexistent with the Permanent Easement, except as
differentiated herein. The Temporary Easement and Permanent Easement are hereinafter
collectively referred to as the "Easements." Grantee Herzog and Grantee City are hereinafter
collectively referred to as "Grantees" for simplicity. However, Grantee Herzog's duties and
obligations hereunder apply only to the Temporary Easement, and Grantee City's duties and
obligations hereunder apply only to the Permanent Easement. Notwithstanding anything to the
Drainage Easement Agreement Page 3 of 15
2465952
contrary herein, Grantee City shall have no duties or obligations with respect to the Temporary
Easement, including any duty or obligation to issue Final Acceptance of the Facilities.
Maintenance of the Easements.
The Easements shall remain open at all times. No obstruction to the natural flow of storm
water run-off shall be permitted by construction of any type of building, fence or any other
structure within the Easements, unless approved by the City Engineer; provided, however, that it
is understood that in the event it becomes necessary for Grantees to consider channelizing or
erecting any type of drainage structure in order to improve storm drainage, then in such event,
Grantees shall have the right, but not the obligation, to enter upon the Easements at any point, or
points, with all rights of ingress and egress to investigate and survey the Easements. If the scope
of this Drainage Easement Agreement needs to be amended to accommodate an additional
drainage structure, which is not a Facilities, to improve storm drainage, then Grantor and
Grantees may amend this Drainage Easement Agreement accordingly.
Grantees shall keep the Easement free of debris, silt and any substance which would
obstruct the flow of water. Grantees have the right of ingress and egress for the purpose of
inspection, maintenance, repair, and replacement of the Facilities. Grantees have the right to
enter on the Easements at any point, or points, to investigate, survey, erect, construct, maintain
and/or repair the Facilities or to conduct repairs or supervise the work of others deemed
necessary, as solely determined by Grantees, for drainage purposes after providing five (5)
business days written notice to Grantor. If emergency repairs are required, the five (5) business
days written notice requirement is waived. However, Grantees shall provide Grantor written
notice as soon as reasonably practicable.
If Grantees are unable to access the Easements due to physical barriers or conditions,
then Grantees shall have, and is hereby granted, the right of ingress and egress over that portion
of the Grantor's adjacent property within fifteen feet (15') of the Easements, as is reasonably
necessary to and for the limited purpose of accessing the Easements.
The natural drainage through the Easements are subject to storm water overflow and
natural bank erosion to an extent which cannot be definitely defined. During the term of the
Temporary Easement, Grantee Herzog shall be liable for any costs incurred as a result of any
maintenance or repairs to the Facilities. Grantee City shall not be held liable for any damages of
any nature resulting from the failure of any of the Facilities during the term of the Temporary
Easement and the term of Grantee Herzog's Maintenance Bond with the Grantee City. During
the term of the Permanent Easement, but after the Temporary Easement and Grantee Herzog's
Maintenance Bond have terminated following acceptance of the Facilities by Grantee City,
Grantee City shall be liable for any costs incurred as a result of any maintenance or repairs to the
Facilities.
Grantees shall at all times after doing any work in connection with the construction,
reconstruction, operation, maintenance, or repair of the Facilities, restore the surface of the
Easements as close to the condition in which it was found before such work was undertaken as is
Drainage Easement Agreement Page 4 of 15
2465952
reasonably practicable, except for trees, shrubs and structures within the Easement Property that
were removed as a result of such work.
Grantor's Representations.
Grantor represents and warrants to Grantees that Grantor is the sole owner of the fee
simple title to the Easements. Grantor does hereby represent and warrant that there are no liens,
attachments or other encumbrances which will affect the title or right of the Grantor to convey
these Easements to Grantees for the purposes as described herein. If such condition does exist, a
signature with acknowledgment shall be included and made a part of this document conveying
the rights and privileges contained herein and subordinating any such lien to the Easements
granted herein.
This instrument shall not be considered as a deed to the Easements, or any part thereof,
and the right is hereby reserved to Grantor, its successors and assigns, to use the Easements to
landscape and build and construct fences, driveways, and other associated improvements over or
across the Easements; provided, however, that in no event shall a wall, structure or building of
any type other than those previously described or any piling, pier or isolated footing of any wall,
structure or building be placed directly on the Easements.
The easement rights and privileges granted herein are non-exclusive, but Grantor
covenants that Grantor will not convey any other easement or conflicting rights within the area
covered by this grant which unreasonably interfere with Grantees' rights granted herein and
provided all such other grants comply with all applicable local, state and federal laws,
ordinances, rules, regulations and/or requirements, as they exist, may be amended or in the future
arising.
Further, notwithstanding anything to the contrary herein, Grantor shall not place any
improvement or take any action, permanent or temporary, which may cause damage or
jeopardize the integrity of the Facilities or which will affect or interfere with, in any way, the
rights granted herein. Grantees, may, due to the necessity of repair and maintenance of the
Facilities remove and keep removed any and all improvements to the extent necessary to make
repairs.
The individual executing this instrument on behalf of Grantor represents that all
appropriate and necessary actions have been taken to authorize the individual who is executing
this instrument to do so for and on behalf of Grantor, that there are no other parties or entities
required to execute this instrument in order for the same to be an authorized and binding
agreement on Grantor and that the individual affixing his or her signature hereto is authorized to
do so, and such authorization is valid and effective on the date hereof.
It is understood and agreed that the consideration received by Grantor hereunder includes
adequate compensation for the grant of the rights hereunder and for all damages arising out of
the construction, reconstruction, repair, operation and maintenance of the Facilities to Grantor's
property which may occur in the future resulting from Grantees' exercise of any rights granted
herein.
Drainage Easement Agreement Page 5 of 15
2465952
Termination.
In the event Grantee City does not accept the Facilities within six months after the
expiration of two years after the date of this Drainage Easement Agreement, the Easements
automatically terminate. At such termination, Grantee Herzog shall remove the Facilities from
the Easements and restore the surface of the Easements as close to the condition in which it was
found before such work was undertaken as is reasonably practicable.
In the event the Facilities prevent Grantor from complying with any federal, state, or
local laws or regulations, or drainage from the Facilities becomes erosive, the Easements shall
teiiiiinate provided that Grantor complies with the following procedures: Grantor shall provide
Grantees written notice of such issues, and if Grantees fail to implement measures to correct the
issues within 120 days of the written notice by Grantor, the Easements shall terminate. Such
measures may include, but are not limited to, cooperate with Grantor in applying for permit
modifications or modify the Facilities if deemed practicable by Grantee Herzog or Grantee City,
as the case may be. No later than 90 days after such termination, Grantees shall remove the
Facilities from the Easements and restore the surface as close to the condition in which it was
found before such work was undertaken as is reasonably practicable.
Indemnity.
TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS,
GRANTEE HERZOG SHALL DEFEND, INDEMNIFY AND HOLD
HARMLESS GRANTOR, AND THE OFFICERS, DIRECTORS, MEMBERS,
PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND
SUBCONTRACTORS OF GRANTOR, EACH AND ANY OF THEM, FROM
AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES
(INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF
ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR
ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT
OF OR RELATING TO GRANTEES' PERFORMANCE OF THIS DRAINAGE
EASEMENT AGREEMENT.
Mutual Obligations.
(a) This instrument may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes.
(b) Each Party and its employees, agents, and contractors shall in their respective
operations exercise reasonable care not to damage the Facilities or other property
of the other, including without limitation following line locate protocols before
digging.
Drainage Easement Agreement Page 6 of 15
2465952
(c) Equitable Rights of Enforcement. This Drainage Easement Agreement may be
enforced by restraining orders and injunctions (temporary or permanent)
prohibiting interference and commanding compliance. Restraining orders and
injunctions will be obtainable on proof of the existence of interference or
threatened interference, without the necessity of proof of inadequacy of legal
remedies or irreparable harm, and will be obtainable only by the Parties to or
those benefited by this Drainage Easement Agreement; provided, however, that
the act of obtaining an injunction or restraining order will not be deemed to be an
election of remedies or a waiver of any other rights or remedies available at law
or in equity.
(d) Attorney's Fees. If any Party retains an attorney to enforce this Drainage
Easement Agreement, the Party prevailing in litigation is entitled to recover
reasonable attorney's fees and court and other costs.
(e) Binding Effect. This Drainage Easement Agreement shall be binding on, and inure
to the benefit of, Grantees and Grantor and their respective successors or assigns.
(f) Choice of Law. This Drainage Easement Agreement will be construed under the
laws of the state of Texas, without regard to choice-of-law rules of any
jurisdiction. Exclusive venue is in a state district court in Collin County, Texas.
(g) Waiver of Default. A Party's failure, delay, or neglect to enforce any right under
this Drainage Easement Agreement shall not be deemed a consent or a waiver of
any other of that Party's rights. It is not a waiver of or consent to default if the
non-defaulting Party fails to declare immediately default or delays in taking any
action. Pursuit of any remedy does not preclude pursuit of any other remedy in
this agreement or as provided by law.
(h) Further Assurances. Each Party agrees to execute and deliver any additional
documents and instruments and to perform any additional acts reasonably
necessary or appropriate to perform the terms, provisions, and conditions of this
Drainage Easement Agreement and all transactions contemplated herein.
(i) Integration. This Drainage Easement Agreement contains the entire agreement
among the Parties relating to the rights herein granted and the obligations herein
assumed. The Parties agree that there are no oral agreements, representations, or
warranties that are not expressly set forth in this Drainage Easement Agreement.
No subsequent oral agreement, representation, or warranty concerning this
Drainage Easement Agreement shall have force or effect. Any subsequent
modification shall be in writing and signed by the Parties.
(j) Legal Construction. If any provision in this Drainage Easement Agreement is for
any reason unenforceable, (a) this Drainage Easement Agreement shall be
construed as if such provision had never been a part of this agreement, and (b) the
remainder of this Drainage Easement Agreement will valid and enforceable if and
to the extent such construction does not deprive either Party of the substantial
benefit of its bargain. Whenever context requires, the singular will include the
Drainage Easement Agreement Page 7 of 15
2465952
plural and neuter include the masculine or feminine gender, and vice versa.
Article and section headings in this Drainage Easement Agreement are for
reference only and are not intended to restrict or define the text of any section.
This Drainage Easement Agreement will not be construed more or less favorably
between the Parties by reason of authorship or origin of language.
(k) Notices. Any notice required or permitted under this Drainage Easement
Agreement must be in writing. Any notice required by this Drainage Easement
Agreement will be deemed to be delivered (whether actually received or not)
when deposited with the United States Postal Service, postage prepaid, certified
mail, return receipt requested, and addressed to the intended recipient at the
address shown in this Drainage Easement Agreement. Notice may also be given
by regular mail, personal delivery, courier delivery, facsimile transmission, or
other commercially reasonable means and will be effective when actually
received. Any address for notice may be changed by written notice delivered as
provided herein.
For Grantor:
North Texas Municipal Water District
Attn.: Assistant Deputy Director- Solid Waste
501 E. Brown Street (Physical Address)
P.O. Box 2408 (U.S. Mail)
Wylie, Texas 75098
For Grantee City
City of Wylie
Attn.: City Engineer
300 Country Club Road, Ste. 100
Wylie, Texas 75098
For Grantee Herzog
Herzog Development Corporation
800 E. Campbell Rd., Ste. 130
Richardson, Texas 75081
(1) Recitals/Exhibits. Any recitals in this Drainage Easement Agreement are
represented by the Parties to be accurate and constitute a part of the substantive
agreement. All exhibits referenced herein are attached hereto and incorporated by
reference herein for all purposes.
(m) Assignability. The Permanent Easement may be assigned by Grantee City, its
successors or assigns, without the prior written consent of Grantor as long as the
Drainage Easement Agreement Page 8 of 15
2465952
proposed successor or assign is a governmental entity that expressly assumes
Grantee's obligations under this Agreement. The Temporary Construction and
Maintenance Easement may not be assigned by Grantee Herzog.
[Signature page follows.]
Drainage Easement Agreement Page 9 of 15
2465952
EXECUTED on the dates appearing in the acknowledgements below, however, to be
effective on this day of , 201 .
GRANTOR:
NORTH TEXAS MUNICIPAL WATER
DISTRICT
By:
Printed Name:
Its:
GRANTEE CITY:
CITY OF WYLIE, TEXAS
By:
Mindy Manson, City Manager
GRANTEE HERZOG:
HERZOG DEVELOPMENT CORPORATION
By:
Don Herzog, President
Drainage Easement Agreement Page 10 of 15
2465952
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared Mindy
Manson, known to me to be one of the persons whose names are subscribed to the foregoing
instrument; he acknowledged to me that he is the City Manager and duly authorized
representative for the CITY OF WYLIE, TEXAS, and that he executed said instrument for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 201 .
Notary Public, State of Texas
My Commission Expires:
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared Thomas W.
Kula known to me to be one of the persons whose names are subscribed to the foregoing
instrument; he/she acknowledged to me that he/she is the Executive Director and duly authorized
representative of the NORTH TEXAS MUNICIPAL WATER DISTRICT, and that he/she
executed said instrument for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 201 .
Notary Public, State of Texas
My Commission Expires:
Drainage Easement Agreement Page 11 of 15
2465952
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he/she acknowledged to me that he/she is the and
duly authorized representative of HERZOG DEVELOPMENT CORPORATION, and that
he/she executed said instrument for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 201 .
Notary Public, State of Texas
My Commission Expires:
Drainage Easement Agreement Page 12 of 15
2465952
Exhibit A
Depiction of Temporary Easement and Permanent Easement
Drainage Easement Agreement Page 13 of 15
2465952
Exhibit B
Legal Description of the Temporary Easement
Drainage Easement Agreement Page 14 of 15
2465952
Exhibit C
Legal Description of the Permanent Easement
Drainage Easement Agreement Page 15 of 15
2465952
VICINITY MAP ��A|�l|T »�' `w
^-'^ ^~' '
a cApnx|sT cr
�
LEGEND�3: (D eEXCHANGE�xwss �
� �^ �� D.R.C.C.T = DEED RECORDS, COLLN COUNTY, TEXAS
0 = POINT FOR CORNER
wnue NOTE: BASIS OF BEARINGS DERIVED FROM
; THE TEXAS STATE PLANE COORDINATE -
SYSTEM. NAD83, NORTH CENTRAL ZONE. « 30 60 90
����m I m
LU
umUmFM
�PROJECT 0co
�
sAc*oe
�
YYOODBR|DGE NORTH COMMERCIAL |' LTD.
NOT TO SCALE
DOCUMENT NO. 20071004001372090
| D.N.C.CT.
POINT OF
POINT OF BEGINNING 89*31'18^E 00.00'
COMMENCING
�'44
' [ L1 `_ L2
F
388^31'18^E 5.10'
LO PO
Uj
NORTH TEXAS MUNICIPAL
WATER DISTRICT o ��
VOLUME 2281 PAGE 358 ( —
D. /
'R.C.C.T. TEMPORARY
EASEMENT
� ° J
N89^31'18^YY 90.00'
| |KJ[� TABLE NORTH TEXAS MUNICIPAL— — — -- � WATER DISTRICT
LINE BEARING LENGTH VOLUME 1300 PAGE 809
�U S89�1'l8^E 30.48' � D'H'C'C'T.L2 S89'31'18^E 25�O0'
�
�
L3 S028.[42.W 25.00.
�5` % �5` �z���K�4KJ�NT �4���K��L4 NOS��.1��� 25�O0. _- _- PERMANENT EASEMENT
825 SQUARE FEET DR 0.014 ACRES
L5 NO'28 42^E 25.00' VNLUAM SACHSE SURVEY, ABSTRACT NO. 835
CITY OF SACH3E, COLUN COUNTY TEXAS
J. U
K m
� |� �� � UU U � U � ��
~~ ~° " " = ~= " ~ " " " �� _
osncrn�a|mmways�tsv�eam - ReynoldsLand
� nan�Texas/So/4 RegisteredProfessional-- Surveyor
972.201.3100 Tmp/s Registration No.znzy4naa No. 6385
EXHIBIT "B"
80' x 90' TEMPORARY EASEMENT
BEING a tract of land situated in the W.M. SACHSE SURVEY, ABSTRACT NO. 835, City of
Sachse, Collin County, Texas and being part of that tract of land described in Deed to North
Texas Municipal Water District (NTMWD), as recorded in Volume 1300, page 809 of the Deed
Records of Collin County, Texas, and being more particularly described as follows:
COMMENCING at the northwest of said NTMWD tract, and being the southwest corner of that
tract of land described in Deed to Woodbridge North Commercial I, Ltd., as recorded in
Document No. 20071004001372090, Deed Records of Collin County, Texas and lying in the east
boundary of a tract of land described in Deed to North Texas Municipal Water District, recorded
in Volume 2281,page 358 of the Deed Records of Collin County, Texas;
THENCE South 89 degrees 31 minutes 18 seconds East, a distance of 5.16 feet to the POINT
OF BEGINNING of the tract of land herein described;
THENCE South 89 degrees 31 minutes 18 seconds East, a distance of 90.00 feet to a point for
corner;
THENCE South 0 degrees 28 minutes 42 seconds West, a distance of 80.00 feet to a point for
corner;
THENCE North 89 degrees 31 minutes 18 seconds West, a distance of 90.00 feet to a point for
corner;
THENCE North 0 degrees 28 minutes 42 seconds East, leaving said east line, a distance of
80.00 feet to the POINT OF BEGINNING and containing 7200 square feet or 0.165 acres of
land, more or less.
15037ESMT05-TCE.doc Page 1 of 1
EXHIBIT "C"
25' x 25' PERMANENT EASEMENT
BEING a tract of land situated in the W.M. SACHSE SURVEY, ABSTRACT NO. 835, City of
Sachse, Collin County, Texas and being part of that tract of land described in Deed to North
Texas Municipal Water District (NTMWD), as recorded in Volume 1300, page 809 of the Deed
Records of Collin County, Texas, and being more particularly described as follows:
COMMENCING at the northwest of said NTMWD tract, and being the southwest corner of that
tract of land described in Deed to Woodbridge North Commercial I, Ltd., as recorded in
Document No. 20071004001372090, Deed Records of Collin County, Texas and lying in the east
boundary of a tract of land described in Deed to North Texas Municipal Water District, recorded
in Volume 2281,page 358 of the Deed Records of Collin County, Texas;
THENCE South 89 degrees 31 minutes 18 seconds East, a distance of 36.49 feet to the POINT
OF BEGINNING of the tract of land herein described;
THENCE South 89 degrees 31 minutes 18 seconds East, a distance of 25.00 feet to a point for
corner;
THENCE South 0 degrees 28 minutes 42 seconds West, a distance of 25.00 feet to a point for
corner;
THENCE North 89 degrees 31 minutes 18 seconds West, a distance of 25.00 feet to a point for
corner;
THENCE North 0 degrees 28 minutes 42 seconds East, a distance of 25.00 feet to the POINT
OF BEGINNING and containing 625 square feet or 0.014 acres of land, more or less.
15037ESMT05-25X25 DE.doc Page 1 of 1
Wylie City Council
yaw ,F AGENDA REPORT
LI
Meeting Date: July 24, 2018 Item Number: J
Department: WEDC (City Secretary's Use Only)
Prepared By: Sam Satterwhite Account Code:
Date Prepared: July 10, 2018 Budgeted Amount:
Exhibits: 1
Subject
Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of June 30, 2018.
Recommendation
Motion to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development
Corporation as of June 30, 2018.
Discussion
The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials
on July 18, 2018.
Page 1 of 1
Wylie Economic Development Corporation
Statement of Net Position
As ofJune 30,2018
Assets
Cash and cash equivalents $ 1,772,127.53
Receivables 210,000.00 Note I
Inventories $ 7,903,774.60
Prepaid Items
Total Assets $ 9,885,902.13
Deferred Outflows of Resources
Pensions $ 66,481.55
Total deferred outflows of resources 66,481.55
Liabilities
Accounts Payable and other current liabilities 114,577.14
Unearned Revenue 120,000.00 Note 2
Non current liabilities:
Due within one year 537,520.47 Note 3
Due in more than one year $ 3,535,515.61
Total Liabilities $ 4,307,613.22
Deferred Inflows of Resources
Pensions (2,839.41)
Total deferred inflows of resources $ (2,839.41)
Net Position
Net investment in capital assets
Unrestricted $ 5,647,609.87
Total Net Position $ 5,647,609.87
Note 1: Includes incentives in the form of forgivable loans for$210,000.00
Note 2: Exco amortization;deposits from rental property
Note 3: Liabilities due within one year includes compensated absences of$63,028
Note 4: The WEDC provides monetary incentives to companies to relocate/expand within
the City of Wylie. At June 30,2018,these commitments totaled$713,000
2016 0,510 PM cuy OF WYLIE PAGE: L
BALANCE SHEET
AS OFM INNE 30TR, 2016
III-WYLIE ECONOMIC DRv)L CORP
AOCOOMTi TITLE
Assurs
1020-10110 CLAIM OM CASE & CASH EQUIV 1,370,127,53
1000-10115 CASR - WEDO - INWOOD 0,00
1000-10135 E0C00N 0.00
1000-10100 DEPOSITS 2,000.0G
1000-1019R OTHER - MI SC CLEARING 0.00
1000-10311. TEXPOOL 0,00
1000-10343 LOGIC. 1'„00
1000-10431 INTEREST RECEIVABLE 0.00
1000-11511 ACCTS NYC - MISC (0.00
1000-11,51 ACCTS RFC - SALES TAX 0,00
1000-12810 LEASE PAYMENTS RECEIVABLE 0,00
1000-12950 LOAN PROCEEDS RECEIVABLE 0,00
1000-12996 LOAN RECEIVABLE 0,01
1000-12957 ACCTS OF - TTM PECK 0,00
1000-12998 110(1 REC - FORGIVEABLE LOANS 210,000,00
1000-11112 INVENTORY - MATERIAL/ SUPPLY 0.00
1000-1111E INVENTORY - LANO BUILDINGS 7,903,S74,60
1000-14115 INVENTORY - BAYCO/ SAEDEN BLVD 0,00
1000-14310 PREPAID EXPENSES - RISC 0,00
1000-11410 DEFERRED OUTFLOWS /13,000,00
10,59,9,902.13
TOTAL ASSETS 10,599,902,13
LIABILITIES
200E-20110 FEDERAI INCOME TAX PAYABLE 0,00
2000-20111 MEDICARE PAYABLB 0,00
2000-20112 CHILD SUPPORT PAYABLE 0,00
2000-20113 CREDIT UNION PAYABLE 0,00
2000-20114 IRS LEVY PAYABLE 0,00
2000 20115 NATIONWIDE DEFERRED COMP 0,00
2000-23110 HEALTH INSUR PAY-EMPLOYEE ( 0,05)
2000-20117 TMRS PAYABLE
2000-20119 ROTH IRA PAYABLE 0,00
2000 -2011S WORKERS COMP PAYABLE 0,00
2000-20120 FICA PAYABLE 0,00
2000-20121 TEC PAYABLE 0.00
2000-20122 STUDENT LOAN LEV'I BAYABLE, 0,00
2000-20120 ALIMONY PAYABLE 0,00
2000-20121 BANKRUPTCY PAYABLE 0.00
2000-20125 VALIC DEFERRED COMP 0.00
2000-20126 ICIMA PAYABLE 0,00
2000-20127 ERB, LEGAL SERVICES PAYABLE 0.00
2000-20100 FLEXIBLE SPENDING ACCOUNT 1,374,BE
2000-20131 EDWARD JONES DEFERRED COMP 0,00
2003 ;0E32 EMP CARE FLTIE 12,00
2000-2C151 ACCRUED WAGES PAYABLE 0,00
2000-20180 ADBIT EMPLOYEE INSUR PAY 48.00
2000-2009 MISC PAYROLL PAYABLE 0,00
7--11-2018 05:;10 PM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OF: ;,'UNE 30TH, 2018
111—WYLIC EC0NOMIC DEVF;'L CORP
ACCOUNT TITLE
2000-21201 AP PENI)TNG 5,116,03
2.000-2(7210 ACCOUNTS PAYABLE 1O8,026,15
2 0 0 0--2 05 3 0 PROPERTY" TAXES 'PAYABLE 0,00
2000-°20540 N0TES PAYABLE 713,000.00
2000--70810 DUE TO GENERAL FUND 0.00
2000-22270 DEFERRED INFLOW 11.7,000.00
2080-22275 PEE INFLOW — 'SASE PRINCIPAL 0.00
2000-22280 DEFERRED INFLOW — LEASE TNT O,00
2000-22915 RENTAL DEPOSITS 3,000.00
'TOTAL 1.1:AFt1'.1,1'1S:Ear �,,.. �, 947,577,I
EQUIT]. ., ........ ..
3000-3/110 FOND EALAN,7E — RESERVED I) 00
3000-34590 FUND FIAFANCE—UNRESC"RV/IJNU0`,STG 9,722,118,57
T0TAL BEGINNING EQUITY ..., 1,727,710a57
T0TAL REVENUE 1,790,496,57
TOTAL EXPENSES 1,854,672.15
REVENUE OVER/ EXPENSES i 76,393.56)
TOTAL I OUiTY 6 OVER/(UNDER) 9,.651,324.99
TOTAL LIABILITIES, EQUITY 6 OVER/(UNDER} 10,598,1 2:11
7--IL-2018 08:1.0 PM CITY OF WYLIE PAGE: 1.
BALANCE SHEET
AS 00:: JUNL. 30TH, 2010
922-GEN LONG TERM DEBT (WEDC:)
F,100UNTf TITLE
ASSETS .... ..:� .. ..�.
1.000-10.312 GOVERNMENT NOTES 0,00
:1000-1H110 LOAN - WFOC 0,00
1000-18120 LOAN - FBIRM)N(,HAM 0.00
1000-18210 AMOUNT TO BE PROVIDED 0,0(1
1000-16220 BIRMIN611AM LOAN 0.00
1000-19050 DIE OUTFLOW - CON'TRIBUTT0N:3 27,922,29
1000-19075 DE;P OUTFLOW - INVESTMENT FXP 31,333.48
1000-19100 DEE OUTFLOW - ACT L.XP/A`1SUMF 4,225,78
1000-19125 (GAIN)/L08S ON ASSUMPTION GHG( 2,8.39.11.)
_. 63,612,14
TC11`I0L ASSET' 63,642.14
LIABILITIES
2000-20310 COMPENSATED ABSENCES PAYABLE 90,979,88
2000--203:11 COMP ABSENCES PAYABLE-CURRENT 0.00
2000-21110 ACCRUED INTEREST PAYABLE 4,847.65
2002-26205 WE BO. LOANS/CURRENT 469,644.82
2000--28220 BIRMINGHAM LOAN 0.00
200(1 202.30 INWOOD THAN 0.00
2001-28232 ANS LOAN/FOOL 0.00
2000-28233 ANB 0OAN/REDDICODD WHITE 406,231..80
2000-28234 ANB LOAN/R000ACE HUGHES 0.00
2000--28235 ANB LOAN 0.00
2000--26230 AND CONSTRUCTION LOAN 0.00
2 0 0 0--2 32 37 ANB LOAN/ W00DORID(1F, PARKWAY 40:1,725.96
2000--20238 ANB .LOAN/BUCHANAN 78,151,>31
2 t002--28239 AND I,O:A'N/JONFS.HOBART PAYOFF )5,009.40
2000--7.6240 001,HUGHES LOAN 0,00
2000--22215 ANB 1„°>AN/17ALLA,1 WHIRLPOOL 2,000,000.00
2000-29247 JFv4R?3RD LOAN 2i6,732„.59
2000-_2025D CITY OF WYLIE LOAN 0.00
2000-20200 PRIME RUTS LOAN 0.00
2000--20270 ROWLAND/ANDERSON LOAN 0.00
200A-292113 CAPITAL ONE. C:ASAD LOAN 0.00
2000--23290 EV08ART1CC)LIMESCE LOAN 0.00
2000-29150 NET PENSION LIABILITY 188,812,17
TOTAL LIABI'L-ITLES 1,073,036.08
EQUITY
3000--34590 FUND Bhh1314>-UNRESFRV/UNDLSI0) 4,368,437,.30)
3000--35900 UNRESTRICTED NET POSITION ( 1.11,969.00)
TOTALL. BEGINNING EQUITY ( 4,4R3,106.30)
TOTAL REVENUE 0.00
TOTAL EXPENSES ;3 474,012,360
7_7 7—2018 05:i° NM CITY OF E«YLIE 't'F^.GE:: 2
BALANCE SREsEaT
922—'C E.N LONG TERM "dl:BT (WEDC:)
J4CCOUNT# TITLE
.REVEKUE:, OVER iUNDERI EXPENSES
TOTAL EQUITY 6 OVER/(CINDER) C 4„00E,393,94)
"Y`U'!AL LE,RILITIES, E QUZTY rC OVER/KINCER:1 E3a SE2,14
7-11-2019 85:13 PM CETY OF WYLIE PAGE:
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS 060 JUNE 30TH, 2018
III-WYLIE EcoNomrc DEVEI CORP
FINANCIAL SUMMARY
CURRENT CURRENT pRron YEAR Y-T-D Y-T-0 BUDGET % OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
P.PPN.P.E_Pci'lmARY
TAXES 2,531,474.90 199,412„29 CIAO 1,401,668,59 0,00 1,429,605,02 49.51
INTEAGOVESNMENTAI REV, 0,00 0,00 0,00 0,.09 0.99 0,00 0,00
INTEREST INCOME 14,9567.08 S41.96 0.00 58,678.27 0„00 ,T, 43,720,39) $92,29
MISCELLANEOUS INCOME 1,506,020,00 283,916.11 o,no 317,931.32 0.00 1,288,0F8.6S 19.80
OTHER FINANCING nouRcEs o.00 o,00 o.00 o,00 o.00 (Luc onop
TOTAL REVENUES 4,452,451,5H 460,470.30 0.00 1,720,42E57 0,90 2,673,973.32 39.94
...xrt:11.2.1.17.-TE SUMMMY
DEVAIOFMENT CORP-WEBS: A. 4.6,050,250,°0 171.09623'7° _9122 u1,051!.3.22,15 . 1O,000,-.09, ,..,5)..0:-..,!...1FuE.1.,o8.T-? 23°Y19
TOTAL EXPENDITURES 4,859,259,00 171,960.70 0.00 1,854,872„15 1,000.02 3,008,366,05 38,19
REVENUE OVERH(UBSPEI) EXPENDDEURES ( 408,807..12) 291,2509.66 0.00 ( 76,393.55) Q 1,000.00) ( 329,413.54) 19,02
7--11--2016 05:19 PM CITY OF WYLIE PAGE. 2
REVENUE AND EXPENSE" REPORT - (UNAUDITED)
AS Car; JUKE 36'TH, 2018
t 11-WYLIE ECONOMIC BEVEL CORP
REVENUES
CURRENT CURRENT PRIOR YEAR 11441-0 Y-T--C BUDGET % OF
BUDGET PERIOD 80 ADJUST. ACTUAL, rENCOMBRANCE BALANCE BUDGET
GAG,us
TAXES
4000-101.50 REV IN LEYIU OF TAXES 0.00 0,00 0,00 0,00 0,00 9.00 0.00
4000-10210 SALES TAM 2,831,474.00 159,412.29 0,09 4,4 ( 1.1 4? `3'3 _.m 0..00 4e.4F t 6,55 1 49,51
TOTAL, CANES 268310434.00 1600442,25 0.00 1.,101,060.68 0.00 1,4290905.52 14,5.1
INTERGOVERNMENTAL NEV.
E60-43512 380 ECONOMIC AGREEMENTS 0,00 0.00 0.00 (Loci 0Am (Lon C.00
TOTAL 'hr1E4?C.OVICANNIF°NTAL REV, 0.00 9.00 9.20 0.00 0.00 0(00 0,09
INTEREST INCOME
4000-460 0 CERTIFICATE OF DEPOSIT 0.00 0(00 0.05 5,00 0.00 C.02 0.00
4000-401 0 ALLOCATED INTEREST EARNI3Gs :30000,.00 241..96 0.00 36125,55 0.00 4' 125(55) 104.19
4 0 0 0--4 611 0 'TE'XPOOL INTEREST O.00 0,00 0.00 5.00 0.00 0.00 0.00
4000 46143 LOGIC INTEREST 0.00 0.00 0,00 0.00 0,00 0,00 0.00
1000-46150 INTEREST EARNINGS 2,502.66 0,00 0.00 1,200,16 0.00 1,297.50 48,16
4€t00-AC160 LOAN REPAYMENT (PRINCIPAL) 9,435.2:2 0.00 0.00 52,343.5C 0.00 140802.440 574,79
1000--46210 BANK MONEY MA;2'NET INTERE 'T 0.00 0.90 5.00 0.00 C.00 0.00 0,00
_. ._,2 a`41, . ,96 .�.�..,,..:020 5857x727 0.00 a 12,725.39i 302,�.,.a_�9
TOTAL INTEREST INCOME 14aP�a,.E
MISCELLANEOUS INCOME
1000 481 0 RENTAL SiVC°NME 1.03, '.00,00 1,700(00 0.00 666815,00 0,00 166385.00 64(12
4 2 0 0-4 84 10 RECOVERY - s`TRGOR YEAR EXPEN 0.00 0.00 O,50 0.00 0,00 0.00 C(00
4000-4841 f MISCELLANEOUS INCOME" 0.50 4,000.00 0(00 1.000.21 0.00 ( 1,000(2:1) C(00
1000-454 3 OAIN4(TOES1 SALE OF GAP ASS 1,502,920.00 261,1:16.10 0,op 2300116.11 C.00 1,232 304 09 31
TOTAL MISCELLANEOUS INCOME 166096020.90 2630816.11 0,00 317,931.:32 0.90 16298,098,68 19,90
OTHER FINANCING SOURCES
1000 49?..6D TRANSFER FROM GENERAL FUND 0.00 0.00 0600 5,00 0...00 9600 0.00
1 0 0 0--4 032 2 BANK 1201C PROCEEDS 0,00 0.00 0000 0.00 0,09 0;00 0,00
4000-495 0 LEASE PRINCIPAL PAYMENTS (0 0,02 0.00 C.90 0.00 0,00 0.00 0.90
1000--42650 tN URA:TtCP t`tP?C.TIVt tE'S 2,00 0 00 0.00 0(0 C.00 0,00 0,00
TOTAL OTHER FINANCING SOURCES 0,00 ._ -0.00 5.00 .„. ...�,,.. 0,00 �0.00 �� 0.00 0.09
TOTAL REVENUES 4,452,151.58 4€3,470,99 0,00 167760428.97 0,00 2,573,973(31 39.24
7-.11-2010 05:13 PM CITY ('1 WYLIE PACE.. '1:.
REVENUE AND EXPE.,NSE. REPORT - IUNAUDITI,D)
AS OFF JUNK 30TH, 2018
111-WYLIE. ECONOMIC IT'll CORE
DEVELOPMENT CORE--H, 3`;
DEPARTMENTAL EXPENDITURES
C:'IF Re1N`I' CURP.FINT PRIOR YEAR Y--T--D L'--1°--U 0i 7GCT 'L 0^
BJICEO PERIOD PO ADJUST, A101301: ENCUMBRANCE BALANCE 0061GCT
PERSONNEL SERVICES
8(1] ;7.1'G SALARIES 284,473,00 21.,533.46 0,00 202,571.90 0„00 81,901.30 /1,21
1611-`.+1130 OVERTIME 0,00 0,00 0.00 0.00 0,00 0..00 0,00
011-51140 1116G1153 1) PAY 1,305.00 0,00 0,01 1,300.00 0,00 8„00 99.31
5611-51145 r31CC LEAVE EUYEon 0.00 0,00 0,00 0,(0 0„00 0,C0 0.00
1611811(0 CERTIFICATION INCENTIVE 0,90 0,00 0.00 0,00 0.;.00 a„no 0,00
1E1.1-111 C PARAMEDIC INCENTIVE 0,00 0,00 0„.00 0.00 0,00 fl..,;C 7 '0
61.4 51210 CAR ALLOWANCE 12,600,00 959.26 8.00 0,000.29 0,00 3,599,73 91,43
861:.-51220 1'P10N1: ALLOWANCE 4,156.00 0.00 0..00 9,492,00 0,00 1,164190 /0,00
8E11-51241 CLOTHI,', ALLOWANCE: 0,00 0,00 o.:n0 0,00 0.00 0,00 0,U0
6 81260 MOVING ALLOWANCE 0,00 0„00 0,00 0.50 0.,.00 0,00 0,50
n I -01.3'0 'TV11.3 44,996.00 3,491.13 0,95 32,905.19 0,00 12,020.91 73,28
San-8p14,6 HOSPITAL S LIFE INSURANCE _36,671,00 3,0 6.56 9,50 29,3(3.44 0,00 8,307,.16 10.35
86( C.--.119 5 E1)lollTIVCE NRA_.TN. PLAN 0.00 0,00 0,90 0,00 0,00 0„00 0,00
5V i-6,1fl420 _ONG- 1321'. 01: 4d 1 1) 1,622,00 ..67,91 0„05 828,99 0400 "/93.01 51,11
11w-a1440 PICA 15,100,00 1,370.54 0.60 10,494.50 0„00 9,008,50 16,04
561; 514 -1 MEDICARE AFRE; 4,320.00 ,2.0.52 MO 2,967,55 0,00 1,959.45 68,69
561.-514 0 WORKERS COMP PE.FM10M 956,00 0,00 0,1 419.41 0,00 366,82 :3,30
1..51490 UNEMPLOYMENT catao (T16.0 510,00 0,00 U.03 480„00 L1,.00 324,00 SD,d1
TOTAL PERSONNEL SERVICES 410,750,00 31,212,35 0,00 292,809.12 0.10 117,850,99 4131.
-UPr G1'
1(11 2810 OFFICE SUPPLIES 15,140,00 443.37 0.00 6,452,54 0.00 9,687,96 _39.99
5 L_ 52040 POSTAGE „ FREIGHT 980,00 7,13 O,GD 151,31 0.,00 929.62 15.45
5E11 -5213 0 TOOLS4 (0111L' 15'),-00'[AL) 0,00 0.(10 3.00 0.01 0.-00 0.00 0,00
8E11 -59_51(I FOOD SUPPLIES 2,250„00 1E7.35 0,00 1„595,26 0,.00 664.94 70,46
5E1? .52.390 OTHER 0.05 0,?03 0,00 0,t')0 0,:00 0.00 0,80
1213)1.. SUPPLIES 19,370.00 618,05 0.00 5,1.59.25 0,00 11,190.12 42.28
MATERIALS' FOR 'AINTI'.NANC
5611 54F30 COTE & EQUIPMENT 0.00 0.90 0,30 0,00 0,00 0,00 0,00
5611 J^4910 COMPUTER HARD/SOFTWARE 3,000.00 39.00 0>00 2,19(.93 0,00 803:17 73„23
`C.I -5-19)0 OTHER 5,009,00 ..(,)„,..TA 0_GD 0,00 0,00 5,0!10.00 0.00
TOTAL 1-1 L1.61AL5 FOR N5IN'1'l,9rlc _.. ,,000.00 39,00 0.00 2,19(059 0.00 5,603.1 r 27.46
CSNIRACTUAD 'EC CCES:
511. 5603) INCENTIVES 059,069.0(1 5E,932.73 0,00 115,699.11 0,00 44.1,371,89 55,28
8(1, 1,3 15 SPECIAL SERVICES 276,2"16,.00 3,552,00 0„00 232,350,92 1,000,00 42,925.18 P4,46
1(11--56;;r11 ADVERTISING 116,355,00 7.220.00 0,00 31,884.00 0..00 102,121,00 26,12
0 11--16890 CQ°NCINST`, DEVELOPMENT 52.350.00 0,00 0,00 85,512.52 0.00 16,937_18 67,11
6 !..-561.10 COMMUNICATIONS 9,036.00 51:2.71 0,00 6,812,17 0.00 3,123033 69.16
5611 80(010 ,EE5^-'AL 29,1281.01 2,411.70 0,00 24,283,69 C 00 5,074,32 52,70
5E11--562.10 1R01/EL 3 `L1)0L61140 31,150.00 4,509„49 0,00 19,251„56 0„00 15,168.44 50,16
061 56250 0111S3 & ,,,I)34IPTTON; 20,135,01 1,130.67 0.00 21,672,91 0,00 9,985.09 09,22
5611 5E53 1 '4S313,7)3CE 3,110.00 0,00 0,00 2,772,47 03.00 1,537.53 72,17
561 56517 ,7/i11JI1 9 LEGAL SERVICES 33,000,00 0,00 0.00 27,231.73 0.00 5,765,27 32,12
0£11.-565 0 GNCINGE,RINt1/1.1,,.3':II2,iURAL 30,000,01) 0,00 0„00 2,700,00 0,00 27,300,00 9,00
0E11. _4£M"C`'.:0 UTILITIES-ELECTRIC 4,9010.00 0,00 0.00 2,322,4E 0„00 2,537.5' 17.19
TOTAL CONTRACTUAL SERVICES ,680 7(1 '1; 16,3O1.37 0.00 ...... 95,,141,73 1,000.�00 (50,230,20 58.50
7-11-2018 05:1, PM CITY CF WYLIE PAGE: 4
REVENUE :AND EXPENSE REPORT - (UNAUDITED)
AS OF: JUNF 30TH, 2013
I LI--WYLIE ECONOMIC BEVEL C;Ohf'
DEVELOPMENT CORD-WEDC
DEPARTMENTAL FXPENDITURE3
CURRENT C(ERR)NI PRIOR YEAR y.-T-ll Y-`1"-U BU[)(;EC 4 CF
BUDGET PERIOD PO ADJUST, ACTUAL ENCUMBRANCE BALANCE Ef UI1GE`I'
DEBT SERVICE 6 C.AP, REPO
561 1-5"'110 BEFITSERVICE 1,065,637,93 0,00 0,00 0,00 0,00 1,065,637.93 0,90
5611-5741.0 PRINCIPAL PAYMENT 804,320,02 50,931.12 0.00 411,03.1,56 0,00 330,288,96 01,94
,`01-1.--' '415 INTEREST EXPENSE 1.39,877.55 12,804,31 0,00 11.9,''1.3.63 19:00 20,163,9�2 8_`a.5E
56' -57710 BAD DEBT EXPENSE 0,00 0,00 MO 0,10 90,00 0,00 0,0U
TOTAL. DLRI SERVICE: 6 ("AP. PLO 7,007,8.36.00 63,765,13 0.00 597,715,19 0.00 1,416,090.81 29.54
CAPITAL OUTLAY
5611 i8110 LAND-PURCHASE FRCCE 770,231,00 0.,00 0,00 573,844,35 0,00 196,.386.65 74.50
561.1.-58120 DEVELOPMENT PEGS 0,00 0.00 0.00 0"00 0.00 0.00 0,00
561.1-581.50 LAND-3ETTEENENTS 0,00 0,00 0,00 0,00 0..00 0.00 0,00
561.1.--58210 ..STREETS S ALLEYS 0,00 0,00 0,10 0.„00 I,,.00 0.00 0,00
5611.-58410 SANITARY SEWER 0.00 0,00 IL "IL ('L„03 0;:0e 0.00 0,00
56.11.-58810 COMPUTER WARD/SOFTWARE 1,000.00 0,00 0,,00 0,00 0.09 1,000,00 0.00
5611-58830 FURNITURE 6 00011015 1,000,00 0.00 6,.00 0,(10 0pI0 1,000.00 0,00
06 1.1-SH9i0 B3LLDLNGt, 0.00 (1,00 0>II0 0,00 0,00 0,00 0,00
5611-.58995 CONTRA CAPITAL (]Ut1L:-,A, 0,00 0,00 0,00 ( 573,041,40) 0..01 500,8-74, 0.00
TOTAL CAPITAL OUTLAY 972,231,00 0,00 t7,00 ❑-.U(7 Cl 00 77„271,(19 0,00
OTHER FINANCING (USES)
511) 91.'1 TRANSFER T,) GENERAL FUND C (Cl 0.00 0.00 9,00 0:00 0.00 9.60
56I i-5919C1 TRANSFER TO Till RL,,,ILI<IREl IMP 0,00 :..00 9.00 0.00 0,00 0.00 0..00
0611.--50430 TRANSFER. TO CAPITAL PRC)I FU 0.,00 9,00 0.00 0.30 0.50 0,00 0,:.00
5 11 591.9'9ICI PROJECTACCOUNTING 0;00 '1;00 0,90 0,00 (1_00 0,001.00
TOTAL OTHER 0IBIS ML, (1.75,. ) mLL... 0,00 0.00 0.00 0,00 C.00 0„00 0.00
"TOTAL Ds1VELOPMENT C:ORD-WEPC 1,859,259.(3 171,960.70 0.C9 1,654,872,155 1.,000.00 3,003,:00 1,a 79,1.9
TOTAL P1{PENUIT,.IRES 4,859,259,00 171,980.70 0,00 1,854,872.15 1,000,00 3,003,386,95 38.19
REVENUE OVER (UNDER) EXPENDITURES ( 406,007,12) 591,509,66 0,00 ( 76,393,59) ( 1)000,001 ( 329,4.13,54) 19.02
*" run OF REPORT '''
Wylie Economic Development Corporation
Balance Sheet Sub Ledger
June 30, 2018
Notes Payable
Date of Rate of Principal
Purchase Payment Beginning Bal. Principal Interest Interest Balance
June 1, 2018 3,847,456.43
ANBTX-88130976 WOODBRIDGE PINVY (#46 of 80) 8/15/14 13,267.93 451,390.17 12,254.44 1,013.49 2.61 439,135.73
ANBTX-88148481 BUCHANAN(#46 of 60) 8/13/14 7,331.95 107,263.79 6,994.96 336.99 3.77 100,268.83
ANBTX-88149711 PEDDICORD/WHITE(#42 OF 60) 12/12/14 7,382.45 508,756.50 5,601.80 1,780.65 4.20 503,154.70
ANBTX 88158043 K&M/HOBART(#33 of 48) 9/2/15 8,745.25 136,037.78 8,291.79 453.46 4.00 127,745.99
ANBTX-88157334 LINDUFF/EDGE(#33 of 36) 10/21/15 17,059.81 378,769.88 15,673.62 1,386.19 4.25 363,096.26
ANBTX-88158357 DALLAS WHIRLPOOL(#19 of 60) 11/22/16 varies 2,000,000.00 0.00 6,888.89 4.00 2,000,000.00
JARRARD GRAYS AUTO(#18 OF 120) 12/1/16 3,109.15 265,238.31 2,114.51 994.64 4.50 263,123.80
June 30, 2018 $50,931.12 $12,854.31 3,796,525.31
Wylie Economic Development Corporation
Inventory Subledger
June 30, 2018
Inventory -Land
Date of Pur. Address Acreage Improvements Cost Basis Sub-totals
Cooper McMasters 7/12/05 709 Cooper 0.48 n/a $202,045
Heath 12/28/05 706 Cooper 0.46 $32,005 3,625 186,934
Perry 9/13/06 707 Cooper 0.49 Demo 200,224
Bowland/Anderson 10/9/07 Cooper Dr. 0.37 n/a 106,419
KCS 8/1/08 Cooper Dr. 0.41 n/a 60,208
Duel Products 9/7/12 704 Cooper Dr. 0.50 n/a 127,452
Randack 10/23/12 711-713 Cooper Dr. 1.09 217,500 8,880 400,334
Lot 2R3 7/24/14 Cooper Dr. 0.95 n/a 29,056 $1,312,672
Industrial Ct. Ind Ct-Hwy 78 7/06-4/16 Ind Ct-Hwy 78 1.45 925,715
Jarrard 12/22/16 201 Industrial Ct 0.29 32,893 3,900 300,493 1,226,208
Regency Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,171 25,171
Commerce Hobart Investments 11/12/13 Commerce 1.60 n/a 156,820
Hobart 1/6/14 605 Commerce 1.07 396,263 20,000 386,380
Dallas Whirlpools 11/22/16 900-908 Kirby 4.79 2,182,080 2,725,280
Downtown Heath 3/17/14 104 N. Jackson 0.17 Demo 220,034
Udoh 2/12/14 109 Marble 0.17 n/a 70,330
Peddicord 12/12/14 108/110 Jackson 0.35 155,984 4,444 486,032
City Lot 12/12/14 100 W. Oak St 0.35 n/a
Jones (K&M) 9/3/15 106 N. Birmingham 0.21 42,314 4,125 190,596
FBC Lot 6/15/16 111 N. Ballard St 0.20 n/a 150,964
McMillan 8/24/17 105 N. Jackson 0.26 n/a 89,482 1,207,438
Alanis White Property(Alanis) 12/12/14 Alanis 6.63 n/a 420,336 420,336
South Ballard Birmingham Trust 6/3/15 505-607 S. Ballard 1.12 Demo 409,390 409,390
Squire Gallagher 3/14/18 Squire-lot 2-4 2.67 6,000 573,844 573,844
Total 26.72 $876,959 50,974 $7,900,339 $7,900,339
*A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and not part of land value.
*Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes.
(**) Costs Basis adjusted for partial sale of property(.28 acres or 22.76% of the property at a cost basis of$170,755.53).
WYLIE ECONOMIC DEVELOPMENT CORPORATION
SALES TAX REVENUE
FOR THE MONTH OF JULY 2018
MONTH WEDC WEDC WEDC DIFF % DIFF
2016 2017 2018 17 VS 18 17 VS 18
---- - -- ----DECEMBER $166,418 $197,808 $184,849 -$12,959 -6.55%
JANUARY 163,463 196,347 191,896 -4,452 -2.27%
FEBRUARY 260,166 276,698 275,668 -1,030 -0.37%
MARCH 167,082 191,648 182,852 -8,795 -4.59%
APRIL 154,920 168,844 163,485 -5,359 -3.17%
MAY 238,646 244,816 203,707 -41,109 -16.79%
JUNE 180,194 191,732 199,412 7,680 4.01%
JULY 212,620 223,571 213,977 -9,594 -4.29%
AUGUST 268,976 261,573
SEPTEMBER 197,339 210,974
OCTOBER 201,506 195,549
NOVEMBER 270,426 267,816
Sub-Total $2,481,757 $2,627,376 $1,615,846 -$75,618 -4.50%
AUDIT ADJ
TOTAL $2,481,757 $2,627,376 $1,615,846 -$75,618 -4.50%
WEDC SALES TAX ANALYSIS
$300,000
$200,000 a .. _ w_ 'i
$150,000 ------
1 I
� ....$100000a
a a coo L
i. is 2 t j a m A
°O Z
CO
Wylie City Council
AGENDA REPORT
Meeting Date: July 24, 2018 Item Number: K
Department: City Manager (City Secretary's Use Only)
Prepared By: Mindy Manson Account Code: N/A
Date Prepared: July 17, 2018 Budgeted Amount: N/A
Exhibits: Budget Calendar
Subject
Consider, and act upon, granting an extension of time for the FY 2018/19 proposed budget filing with the City
Secretary from August 5, 2018 to August 8, 2018 per the Home Rule Charter; Article V, Section 2.
Recommendation
Motion to approve granting an extension of time for the FY 2018/19 proposed budget filing with the City
Secretary from August 5, 2018 to August 8, 2018 per the Home Rule Charter; Article V, Section 2.
Discussion
The City Charter specifies that as part of the normal budget process, a proposed budget is to be filed with the
City Secretary each year by August 5th unless the City Council has granted an extension. This is to ensure that
the general public has access to the proposed budget for the upcoming year, with ample time and opportunity
for review prior to the actual adoption of the budget at a later date. Under normal circumstances, this will allow
at least 30 days for the public to view the proposed budget before official adoption.
Due to the timing of council work sessions this year, staff is requesting extra time to prepare the proposed
budget to be filed with the City Secretary. Staff requests an extension until August 8, 2018 to allow for
adequate preparation time. This will still allow almost three weeks for viewing prior to the public hearing on
the budget on August 28th and a month for viewing prior to the official adoption of the budget on September
11, 2018.
(Rev 01/2014) Page 1 of I
City of Wylie
Revised Budget Calendar
FY 2019
Date Description
April 19, 2018 Th Budget Kickoff Meeting
April 19, 2018 Th InCode open for input
May 07, 2018 M New equipment and computer requests due to Finance/new computer requests due to IT
May 07, 2018 M New or Upgraded personnel requests due to Finance
(all new position requests must include a completed JEM and JDQ)
May 21, 2018 M Budget completed in InCode (Due to Finance)
May 21, 2018 M First Estimate of Revenues (Due to Finance)
May 23, 2018 W JET Team Meeting
May 29, 2018 T Revenues/Budgets to City Managers Office
June 04-08, 2018 M - F Departments meet with City Manager
June 12, 2018 T Budget Work Session with City Council
June 28, 2018 Th Department Presentations to City Council Due to City Manager for Review
July 06, 2018 F Budget Overview Packets to City Council
July 9, 2018 M Carry-forward Requests Due to Finance
July 10, 2018 T Department Presentations to City Council
July 12, 2018 Th Department Presentations to City Council
July 24, 2018 T Budget Work Session with City Council
August 03, 2018 F Proposed budget to Council, available to the public and filed with City Secretary
August 14, 2018 T Meeting of governing body to discuss tax rate; if proposed tax
rate will exceed the rollback rate or the effective tax rate
(whichever is lower),take record vote and schedule public hearing
August 28, 2018 T First Public Hearing on Tax Rate (if needed)
August 28, 2018 T Public Hearing on FY 2019 Budget
September 04, 2018 T Special called meeting(if needed) -Second Public Hearing on Tax Rate,
schedule and announce meeting to adopt tax rate
September 11, 2018 T Adopt Budget and Tax Rate
* Council Work Sessions are subject to change
C FFY OF WYLIE
Wylie City Council
AGENDA REPORT
LI
Meeting Date: July 24, 2018 Item Number: WS 1
(City Secretary's Use Only)
Department:
Prepared By: Account Code: N/A
Date Prepared: July 18, 2018 Budgeted Amount: N/A
Exhibits: N/A
Subject
Discussion regarding the potential to allow urban domestic fowl within the City of Wylie residential districts.
Recommendation
N/A
Discussion
(Rev 01/2014) Page 1 of I
Distance
Dist. From adjacent from Prop. Coop/Encl
City #allowed Roosters Allowed SF/Chicken Strucutre Line Req'd Coop Size Permit Req'd
Allen 4 Yes if kept 150'from any property line 20 Yes Yes
Austin If 2 or more _No mention 50 Yes Adequately sized
Carrollton 6 No 25 5 Yes 80 SF/max 8'tall Yes
Not expressly prohibited
unless it makes a loud
Coppell _raucous noise _ 100 No
Denison Based on square footage 12 50 Yes No Mention
50 for Hens
Denton 8 Yes if kept 150'from any property line 150 for Roosters Yes Yes
Farmersville 10 No 30 Yes No
Frisco 12 Allowed on one or more acres only none specified Yes No
Garland 4 No 30 Yes No
Josephine 5 per 1/2ac By definition Roosters are included 25 No
Lavon 12 1/4 may be Roosters _ _none specified No
Single family only
6 on less than 1 ac& no
other animals.
On 1 acre or more, 5 per On 1 ac or more & if capable of crowing 25 on 1 ac or less
Lewisville 1/4 ac. must be 1,500 feet away. 150 on 1 ac or more Yes Yes
McKinney 12 Hens 1/4 may be Roosters _ none specified No
2 sf/fowl for a Coop 8
Murphy 4 No more than 2 on 1 ac or more 50 sf/fowl for Encl. No Mention
Princeton 12 _1/4 may be Roosters 50 Yes N/A
Richardson Not expressly prohibited No restircitions other than just keep clean & unnecessary noise No
Rowlett 2 _150' from res., bus. or school 50 Yes
Sachse 15 30 Yes Min. 3 sf/animal Yes
ALLEN
�ec, 3.1 :~ . Livestock.
(e) It shall be unlawful for any person to keep any fowl, including but not limited to roosters,
chickens, duoks, hurkeys, geose, pigeons or guineas. It shall be a defense to o violation of this
subsection (3) if (i) the fowl is kept more than one hundred fifty (150) feet from any property line
or (ii) the fowl in a backyard chicken kept in accordance with this article.
(h) A person may harbor or possess not more than four (4) backyard chickens on residential
property after first having obtained a permit from the city for such location and payment of a one-
time permit fee in an amount established from time tn time by resolution nf the city council.
Backyard chickens may not be kept on property, nor may o permit be issued if such property is
subject to any deed or home owner association restrictions or covenants that prohibit the keeping
of fowl or backyard chickens on such property. Failure to comply with the conditions of this
section shall be grounds for revocation of the permit by the city after written notice thereof to the
permit holder. The permit holder may appeal the revocation to the city manager, or designee
whose decision shall be final. Not more than one (1) permit may be issued for an individual
property, tract or residential lot. The permit is nontransferable and terminates in the event the
permit holder no longer resides at the property for which the permit was issued or in the event the
person ceases to harbor or keep backyard chickens on the property. This subsection (h) shall not
supersede, replace or control over any recorded deed resthcUono, covenants or other restrictions
applicable to such residential property. A person keeping backyard chickens on residential
property shall comply with the following:
(1) Not more than four (4) backyard chickens may be kept on any one (1) individual
property, tract or residential lot;
(2) The backyard chicken(s) shall be kept within a secure chicken coop or other similar
structure except when being removed to be transported off of the property or returned from a
location off nf the property;
(3) The chicken coop or other structure in which the backyard chicken is kept must be
located within the rear yard no closer than twenty (20) feet from any property line and at a
location which is not visible from any public street;
(4) The chicken coop or other similar structure in which the backyard chicken is kept must
be:
(i) Constructed in a workmanship like manner of naturally decay resistant wood, or
wood that has been pressure treated to resist decay, or galvanized steel or aluminum;
(ii) Constructed in such a manner astohe readily movable;
(iii) Be stained, sealed or painted on the exterior to provide additional weather
protection to the materials of the chicken coop or structure; and
(iv) Maintained at all times ina good, sound and clean condition.
It shall be unlawful and an offense for any person to harbor or possess any backyard chickens on
any property in violation nf this subsection (h).
Backyard chicken shall mean a female chicken (hen) which is possessed or harbored for the
purpose of providing organic egg production in compliance with this article.
AUSTIN,TX
1,4 ARTICLE 2. ENCLOSURE REQUIREMENTS.
C-z §3-2-11 ENCLOSURE REQUIRED.
(A) A person may not keep an animal, fowl, bird, or reptile in an enclosure unless the
enclosure is:
(1) securely built;
(2) adequately sized for the kind and number of animals, fowl,birds, or reptiles housed
in the structure
(3) maintained in a sanitary condition that does not allow flies to breed or cause an odor
offensive to an adjacent residence or business; and
(4) in compliance with the applicable requirements of this article.
§3-2-16 ENCLOSURE FOR FOWL.
An enclosure used to keep two or more fowl must be located at least 50 feet from a residence
or business, excluding the residence or business of the fowl's owner or handler.
Source: 1992 Code Section 3-2-26; Ord. 031009-9; Ord. 031211-11.
LLT•'
(4) Up to six chickens may be kept on any residentially zoned single-family lot within the city in
compliance with the following conditions:
(a)A permit to keep chickens has been approved by the DCO;
(b) No roosters are kept on the property;
(c) Chickens are provided a chicken coop and not allowed to fly or roam free on the property.
(d)A chicken coop may not exceed 80 square feet or be taller than eight feet, and must be
located within its own fence not to include perimeter fencing;
(e)A chicken coop may not be located within 25 feet of any dwelling or business owned or
occupied by any person other than the owner;
(f)A chicken coop may not be located within five feet of any property line;
(g)Accumulated chicken excrement is collected from the chicken coop at least once every
48 hours and disposed ofinan approved waste container;
(h) Neither chickens nor eggs are sold from the property; and
(i) Processing of deceased chickens may not occur in any area visible from a public right-of-
way.
ec. ~13~2. ~ ec'f'c acts dee e @ loud and raucous.
The following acts, among others, are declared to create loud and raucous noises, and shall
be deemed a violation of this article, and such specific acts are presumed to be offensive to the
ordinary sensibility of the inhabitants of the oity, but such enumeration shall not be deemed to be
exclusive:
C. The keeping of any animal nr fowl which emits or makes a |oud, raucous noise.
Animal shall mean any living creature, domestic or wild, but not limited to, doDs, cats,
covva, horses, binda, fiah, nnammo|s, repti|eo, insects, fowls, and livestock but specifically excluding
human beings
Prohibited animal:
Means on anirnm|, other than a nnnnnnon domestic species and regardless of state or duration of
oaptivity, that poses a potential physical or disease threat to the public or that is protected by
inhernaUona|, federal or state regu|eUons, including but not limited to the following:
X
ClaaoReptilia: Family He|odernnaUdoa (venomous lizards); Fenni|yVipehdae (rat |esnakes,
oopperheade, cottonmoutho, other pit vipers and true vipers); Family Bapidae (coral snakwa,
cobras, mambas, and other elapids); the following listed species of Family Colubridae-Dispholidus
h/pus (Boorns|ang). Hypodynastes gigon (water cobra), Boiga (mangrove snake), and Tha|otonnis
(African twig snake) only; Order Phidia. Family Boidae /naners, boas, water snakes, and pythons);
and Order Cpocodi|ia (cr000di|es, alligators, caimans, and govie|s);
_
Class Aves: Order Falconiforms (such as hawks, eagles, and vultures); Subdivision Ratitae (such
as ostriches, ,hees, massnvvehes, and emus); and (Jnjor8trigiforms (such as owls);
C.
ClassMenonnalia: 0rderCornivona. Family Fe|idaa (such as ocelots, margays, tigers. jaguars,
|eopa,do, and nougors), except commonly accepted domesticated cats; Fanni|yCanidoe (such as
vvn|ves, wolf-dog hybrids, dingns, noyntes, and jaoko|s), except domesticated dogs; Family
Muate|idao (such asweasels, nkunks, rnartwns, mink, and badgons, but does not include ferrots);
Family Pnonyunidaa (raccoon) but does not include ferrets; Family Uraidaw (such as bears); Order
Marsupialia (such as kangaroos and common opossums); Order Edentata (such as sloths,
anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys,
chimpanzees, and gorillas); Order Rodentia (such as porcupines); and Order Ungulata (such as
antelope, deer, bison, and camels);
D.
Animals not listed: The animal services manager or their designee may declare any species of
animal not listed in this subsection as "prohibited" if the confinement of the animal within the City
can be shown to constitute a threat to public health and safety; and
2.
Does not mean:
A.
A bird kept in a cage or aviary that is not regulated by international, federal, or state law; or
B.
A gerbil, hamster, guinea pig, or laboratory mouse or rat.
•
ec. 4-3. - Fences and space allocations for livestock and fowl.
No person shall maintain livestock or fowl within the city unless the following
requirements and space allocations for each animal or fowl are satisfied:
(1) Horses, mules,jacks,jennets, ponies or other animals of like kind. There shall be a minimum
enclosed space of one-half acre for each horse, mule,jack,jennet, pony or other animal of like kind
kept within the city limits. Such one-half acre shall be in addition to the area on which a residence or
business structure is located. The shed used for protection against the elements may be located on
this plot. Every additional horse, mule,jack,jennet, pony or other animal of like kind that is kept on
the same lot must be given an additional one-half acre. Such lot must be enclosed with a suitable
safe fence. Space and other requirements for properly zoned enclosed riding schools, riding
schools, enclosed stables (public or commercial) and stables (public or commercial) are listed in
section 4-6
(2) Cows. There shall be a minimum enclosed space of one-half acre for each cow kept within the
city. Such one-half acre shall be in addition to the area on which a residence or business structure is
located. The shed for protection against the elements and used for milking purposes may be located
on this plot. Any additional cows will be given one-half acre each. The lot will be enclosed with a
suitable safe fence.
(3) Goats and sheep. Any goat or sheep kept in the city limits will be allowed a minimum enclosed
space of one-half acre for stable and lot. Such one-half acre shall be in addition to the area on which
a residence or business structure is located. Any additional goat or sheep kept at the same lot will be
granted an additional one-half acre.
(4) Chickens. Any fowl lot maintained in the city limits must be large enough to provide twelve (12)
square feet per chicken. The chicken house will be allowed to be a part of this area. Suitable wire
shall be used as the fence material for chickens. The house must be of such construction as will
allow for ease in cleaning and airing.
(5) Rabbits. Suitable wire or metal shall be used as fence and hutch material for rabbits. All rabbit
hutches must be kept in a sanitary manner at all times, and so constructed as to allow ease in
cleaning.
(6) Location of pens and coops; cleanliness. The lot in which horses, mules,jacks,jennets, ponies or
other animals of like kind, cows, goats or sheep are kept under provisions of this section may not be
located nearer than one hundred (100)feet to the nearest adjoining residence, and on vacant lots
have free run from property line to property line. Fowl lots maintained under the provisions of
sections 4-3 through 4-6 may not be situated closer than fifty(50)feet to the nearest adjoining
residence. Rabbit hutches may not be located nearer than fifty (50)feet to the nearest adjoining
residence. All animals or fowl and rabbit shelters or buildings will be thoroughly cleaned at least
once per week and will be maintained in a clean, sanitary condition at all times.
(7) Exception. Provided, however, that this section shall not apply to property or acreage not
subdivided or platted.
(Code 1965, § 4-7; Ord. No, 3498, 11-21-94, Ord, No, 3548, § 1, 5-15-95)
Cross reference Zoning, Cd, 28.
Denton
Fowl means any species of feathered animals which are normally suited for, or kept or used on, a
farm, a ranch, or similar setting for agricultural purposes such as food or food production, animal
husbandry, and production of clothing material, commerce, or other similar purpose, regardless of
age, breed, or sex, unless stated herein, or determined by the animal control officer. The following
and similar species shall be considered to be fowl regardless of age, breed, or sex, unless
otherwise stated herein or determined by the animal control officer: chickens, ducks, game hens,
geese, guineas, peafowl, pheasant, quail, swans, and turkey.
Sec. 6-9. - Animal nuisances.
It shall be considered a public nuisance and unlawful for any person to:
(1)
Harbor, keep, or control any animal on their premises which by barking, howling, or crowing
creates noise to the degree that the noise interferes with the reasonable use and enjoyment of
adjacent property by its occupants.
(2)
Keep any animal in such a manner as to endanger the public health in the following ways:
a.
By the accumulation of organic animal wastes which cause foul and offensive odors;
b.
Bv being a hazard to any other animal or human being; or
C.
By keeping animal pens, stables or enclosures in an unsanitary condition.
(3)
Keep bees in such a manner as to deny the reasonable use of adjacent property or endanger
personal health and welfare.
(Ond. No. 2OOO-460. Q1. 12-19'00)
Cross reference— Noise generally, § 20-1.
Sec. 6'26. - Keeping offowl.
It shall be unlawful for any owner of any chicken to maintain more than eight (8) hens on any
single parcel of property in a residential neighborhood.
(b) It shall be unlawful for any person to keep or harbor any chicken within the corporate limits of
the city in any pen, shed, coop, enclosed structure, or fenced yard, if any part of such enclosure,
structure, or yard is within fifty (50) feet of any residence, business or commercial establishment or
oMice, anhoo|, hospital or nursing home.
(o) It shall be unlawful for any person to keep or harbor a rooster within the corporate limits of the
city in any pen, ohed, oonp, enclosed struotuna, or fenced yard, if any part of such enn|osuno,
structure, or yard is within one hundred fifty (150)feet of any residence, business or commercial
establishment or office, school, hospital or nursing home.
(d) It shall be unlawful for any person to keep or harbor any chicken that is not maintained within
an enclosed structure or fenced yard that prevents the animal from straying off of the owner's
property.
(e) It shall be unlawful for any person to keep or harbor any chicken within the corporate limits of
the city unless the person possess o current and valid permit from the city.
(f) It shall be unlawful for any person to keep or harbor any fowl (other than chickens) within the
corporate limits of the city in any pen, shad, coop, enclosed ntructure, or fenced yand, if any part of
such enclosure, structure, or yard is within one hundred fifty (150) feet of any residence, business
or commercial establishment oroffice, sohoo|, hospital or nursing home. This section shall not
apply to pet birds kept within residential or commercial abuctun*o, nor shall it apply to birdhouses
for the keeping of migrating or wild birds.
(Q)
|t shall ba unlawful for any owner Vf any fowl to maintain yards, pens, sheds, coops, orother
enclosures in which such fowl are confined in such a manner as to give off odors offensive to
persons of ordinary sensibilities residing in the vininity, or to breed nr attract flies, mosquitoes or
other noxious insects or rodents, or in any manner to endanger the public health, safety or welfare,
nrto create a public nuisance.
(Ord. No. 2OOO'4UO. § 1, 12-19'00; {lrd. No. 2012'257. 8 1. 10'2'12)
FARMERSVILLE
Fowl means a bird of any kind, including, but not |innibad to, chickens, ducks, 800se, guineas,
pigeVnn, roosters, turkeys and pheasants.
Sec. 11~72' - Special provisions concerning fowl, rabbits and guinea pigs'
(a) Enclosure requirements. Fowl, rabbits, and guinea pigs must be kept indoors, orif outdoors, in
a secure pen or enclosure that is at least 30 feet from any inhabited dwelling other than the
dwelling of the owner. Any enclosure in which fowl, a rabbit, or a guinea pig is kept must be
cleaned and disinfected daily. Litter and droppings from fowl' rabbits and guinea pigs must be
collected daily and properly disposed of. Pnovided, however, that the provisions of this section
shall not apply to ducks or other waterfowl inhabiting natural or manmade watercourses or bodies
of water.
(o) Regulation nffowl.
(1) Roosters are prohibited within the city limits and are declared to be nuisances under V.T.C.A.,
Local Government Code ch. 217. when located in residential districts.
(2) It shall be unlawful for any person to keep at any one location more than ten fowl.
(3) It shall be unlawful for any person owning or having control of any chicken, duck, goose, turkey
or other domestic fowl to permit the same to run at large on any street or sidewalk or on any other
property, except his or her own, in the city.
FRISCO
�Gec. 14-17. - F �o�*w&.
(o) Except for exotic birds that are pet animals or are not raised, kept or harbored for
commercial purpones, it shall be unlawful for any owner tn maintain, own or control any
premises within the Frisco City limits where more than on aggregate of 12 fowl are kept or
harbored in one enclosure. Provided further, however, that not more than one-fourth of the
nnaxinnunn o||ovvab|n number nfsuch animals are of the nna|o species.
(b) "One enclosure" asthat term is used herein shall be held to mean any and all connected
buildings, whether under one roof or otherwise, and buildings and sheds which may have
entrances tothe same or adjoining lot or lots with a gateway or other opening between them.
(Ord, No, 05-01-06' § 17, 1-15-2000
See. 14-17 Fowl
GO/liOD[eOUsfmWl: Fowl OfOr relating tOaO order /G@llifOrOle5\ Ofheavy-bodied largely
terrestrial birds including Dh88S8nt5, turkeys, grouse and the COn1mOO domestic
chicken.
(a) It shall be unlawful for any owner or custodian of gallinaceous fowl to keep or
harbor more than 12 gallinaceous fowl in one enclosure, none of which may be male.
(1) It shall be an affirmative defense to prosecution under subsection (a)
for an owner of custodian of gallinaceous fowl to keep or harbor male
gallinaceous fowl if the premises where such male gallinaceous fowl are kept
or harbored is one acre or more in size.
(b) "One enclosure" as that term is used herein shall be held to mean any and all
connected buildings, whether under one roof or otherwise, and buildings and sheds
which may have entrances to the same or adjoining lot or lots with a gateway or other
opening between them.
(Ordinance 08-01-06, sec. 17, adopted 1/15/08; Ordinance 15-10-76, sec. 2, adopted
10/6/15)
GARLAND
Sec.22.14 Fowl
Fowl shall be kept in an enclosure that is located at least thirty feet from any
residential dwelling, other than that of the owner. It shall be unlawful to harbor more
than four female fowl over the age of one month within the City limits. Roosters or
male peafowl (peacocks) are prohibited. (Ordinance 6125, sec. 1, adopted 5/1/07;
Ordinance 6534, sec. 3, adopted 4/3/12)
JOSEPHINE
Sec. 2.03.002 Keeping fowl or rabbits
It shall be unlawful for any person to keep or to permit the keeping of fowl
and/or rabbits on premises owned by him or under his control except as
follows:
(1) Minimum area. No fowl and/or rabbits shall be kept on any
premises of less than one-half (1/2) acre.
(2) Number of animals. For each premises one-half(1/2) acre or larger
an owner may keep five (5) adult fowl or rabbits for each one-half (1/2)
acre.
(3) Distance of pens and other enclosures from residences. It shall be
unlawful to erect a structure, pen or other enclosure for the keeping of
fowl and/or rabbits closer than twenty-five feet (25') from any building
on another's property that is used for habitation.
(4) Exceptions to distance provisions. The distance provisions of this
section shall not apply to a structure, pen or other enclosure in which
fowl and/or rabbits are kept and maintained prior to:
(A) The passage of this chapter.
(B) The time a residential structure was erected on another's
property so as to cause a violation of the distance requirements
stated above.
(5) Confinement. It shall be unlawful for any person or persons to
permit fowl and/or rabbits kept or possessed by them or under their
control to wander in or upon or invade the premises of any other
person.
(6) Sanitation. All structures, pens or other enclosures for the keeping
of fowl and/or rabbits must be maintained in clean and sanitary
conditions at all times.
(7) Coloring animals. It shall be unlawful to color, dye, stain or
otherwise change the natural color of any chickens, ducklings or other
fowl or rabbit.
(Ordinance 2010-07-12A, sec. 3(C), adopted 7/12/10)
Fowl. Chickens, turkeys, pheasant, quail, geese, peacocks, ducks, or other
similar feathered animals, regardless of age, breed or sex.
LAVON
SECTION XV FOWL
L - Shall mean any living creature, including but not -i to, Dogs, Cats, Horses,
Birds, Fish, M. :ls, Reptiles, Insects, Fowl and Livestock, but specifically excluding Human
Beings.
Except for exotic birds not raised, kept or harbored for commercial purposes, it shall be unlawful
for any person, or corporation to maintain, own or conuul any premises within the city limits
of the City of Lavon where more than an a u - to of twelve (12)fowl are kept or harbored in
one enclosure. Provided further,however, that not more on fourth (114)of the maximum
allowable number of such animals may be of the male species.
"One Enclosure"as that term is used herein shall be held to mean any and all connected
buildings, whether under one roof or otherwise, and build.+ >,whether under one roof or
otherwise, and buildings and sheds which may have entrances to the same or adjoining lot or lots
a gateway or other opening between them.
LEWISVILLE
Agricultural animal shall mean species of animals which are normally suited for, kept,
or used on a farm, ranch or similar setting for agricultural purposes, such as animal
husbandry, food or food production, production of fiber or clothing material, riding,
driving, pulling, hauling, commerce, or similar purpose. For purposes of this chapter,
the following or similar species of animals shall be considered to be agricultural
animals, regardless of age, breed, or sex, unless otherwise stated herein or
determined by the animal control officer:
(1) Alpacas;
(2) Buffalo;
(3) Chinchillas;
(4) Domesticated honey bees;
(5) Domesticated rabbits;
(6) Emus;
(7) Family Cervidae ;
(8) Fowl;
(9) Livestock;
(10) Llamas;
(11) Ostriches;
(12) Rheas.
Fowl shall mean species of feathered animals which are normally suited for, or are
kept or used on, a farm, ranch, or similar setting for agricultural purposes such as food
or food production, animal husbandry, and production of fiber or clothing material,
commerce, or other similar purpose. For purposes of this chapter, the following and
similar species of animals shall be considered to be fowl, regardless of age, breed, or
sex, unless otherwise stated herein or determined by the animal control officer:
(1) Chickens;
(2) Ducks;
(3) Game hens;
(4) Geese;
(5) Guineas;
(6) Peafowl;
(7) Pheasant;
(8) Quail;
(9) Turkeys.
ARTICLE VI. - DO ESTICATED CHICKENS
• Sec. 3-156. - Location, number and type of chickens allowed.
(a) Detached single-family lots on less than one acre. Chickens shall be
allowed as follows:
(1) The maximum number of chickens allowed per lot is six; provided that,
there are no other regulated animals, as specified in section 3-86 of this
Code, being kept on the same lot. If there are other regulated animals on the
same lot, there shall be no more than an aggregate total of six animals in any
combination, including chickens, dogs, cats, etc.
(2) Chickens must be kept in an enclosure or coop at all times.
(3) Only female chickens are allowed.
(4) No roosters are allowed.
(5) There is no restriction on chicken species.
(6) Chickens shall not be allowed to be kept inside the primary residence
(including a garage).
(b) Detached single-family lots on one acre tracts or larger. Chickens shall be
allowed as follows:
(1) The maximum number of chickens allowed per one-fourth acre of land is
five.
(2) Chickens must be kept in an enclosure or coop at all times.
(3) There is no restriction on chicken species.
(4) Chickens shall not be allowed to be kept inside the primary residence
(including a garage).
(c) Multi-family, townhouse, duplex, or mobile home uses. Chickens are not
allowed.
(Ord. No. 4025-10-2013 , § 3, 10-7-13; Ord. No. 4285-06-2016 , § 1 , 6-6-16)
• Sec. 3-157. - Coop.
(a) The coop shall be designed to provide safe and healthy living conditions
for the chickens while minimizing adverse impacts to other residents in the
neighborhood.
(b) The coop shall be enclosed on all sides and shall have a roof and doors.
Openings must be covered with predator and bird proof wire of less than one
inch openings.
(c) The coop shall be well-maintained.
(d) Coops are deemed residential accessory buildings and as such shall
comply with the residential accessory requirements as specified in section
17-32.5 of this Code.
(e) Chickens shall be secured within the coop during non-daylight hours.
(f) The coop must provide adequate ventilation, sun and shade and must
both be impermeable to rodents, wild birds, and predators, including dogs
and cats.
(Ord. No. 4025-10-2013 , § 3, 10-7-13)
• Sec. 3-158. - Enclosures.
(a) Chickens must be kept in an enclosure and/or coop at all times.
(b) Enclosures must be clean, dry, and odor-free, kept in a neat and sanitary
condition at all times, in a manner that will not disturb the use or enjoyment of
neighboring lots due to noise, odor or other adverse impact.
(c) Enclosures must be made and constructed of listed materials in
compliance with this Code.
(d) Where the enclosure is not an integral part of the coop, the enclosure
must be a minimum of 100 square feet in size.
(Ord. No. 4025-10-2013 , § 3, 10-7-13)
• Sec. 3-159. - Setbacks.
(a) Detached single-family lots on less than one acre.
(1) Coops and/or enclosures, whichever is nearer, shall be no less than 25
feet from any adjacent residential or commercial building.
(2) Measurement shall be made from the nearest point of the coop/enclosure
to the closest point of the primary residential structure and/or adjacent
residential or commercial building.
(b) Detached single-family lots on one acre tracts or larger.
(1) Coops and/or enclosures, whichever is nearer, shall be no less than 150
feet from any residential dwelling, office building, school building, church,
business, or other structure under separate ownership which is intended for
human habitation or use.
(2) Coops or enclosures must provide at least 100 square feet of exercise
area for each bird kept therein.
(3) In order to minimize the potential for noise nuisances to adjacent or
nearby premises, roosters capable of crowing shall not be allowed to be kept
VV'th'O 1 .500 feet of any [eS'deDGa| dVVeU'DO, office bU'|d'Og, sChOO| bU'|d'Dg'
church, hUS'DBSS' O[ other structure under separate ownership which is
intended for human habitation or use.
(Ord. NO. /1O25-1O-2O13 ' § 3. 10-7-13; Ord. No. z12R5-O6-2O1A . § 2. 6-6-16\
MCKINNEY
Sec. 26-43' - Keeping of fowl, rabbits and guinea pigs restricted.
(a) Enclosure requirements. Fow|, rebbits, and guinea pigs must be kept indoors, or if outdoors, in
o secure pen or enclosed yard. Litter and droppings from these animals must be collected and
disposed of in accordance with this chapter; provided, however, that the provisions of this
section shall not apply to ducks or other waterfowl inhabiting natural or manmade
watercourses or bodies ofwater.
(o) Regulation nffowl. Roosters are banned within the corporate limits of the city except for
areas zoned or designated for agricultural purposes, and are declared to be nuisances under
VT.C.A.. Local Government Code oh. 217vvhen located in residential districts.
(d) Number of fowl. Except for exotic birds not raised, kept, or harbored for commercial purposes,
it shall be unlawful for any person, firnn, or corporation to maintain, ovvn, or control any premises
within the city limits where more than an aggregate of 12 fowl are kept or harbored in one
enclosure; provided further, however, that not more than one-fourth of the maximum o||ovvab|e
number of such animals may be of the male of the species. "One enclosure" as that term isused
herein shall be held to mean any and all connected bui|dings, whether under one roof or
otherwise, and buildings and sheds that may have entrances to the same or adjoining lot or lots
with a gateway or other opening between them.
(e) Ducks, turkeys' geese and peacocks prohibited. It shall be unlawful to nvvn or keep ducks,
turkeyo, geeae, or peacocks within the corporate city limits except in agricultural zoned districts,
lakes or other natural or manmade watercourses or bodies of water, and public park lands,
({}rd. No. 2000'1O-07O. § 2. 10'6-09)
MURPHY
Sec. 4'04.004 Fowl; pigeons
(o) The keeping Of loud fowl such as noOnt8ro, duoka, turheys, geese. p800OCks. Auinmos. Or
otherauch |oudfovv| vvith|nthecity |inn|toupona |ot |eoothanone (1) acreorinonypen. coopor
enclosure, including without limitation, a fence, that is on a lot less than one (1) acre, business or
eohOn| shall be prohibited. NO more than two (2) loud fowl of any combination shall be permitted
on a single lot over one (1) onno.
(b) No person shall keep more than four (4) hens in on area zoned nasidmnUo| within the city,
and shall be no closer than 50 feet to the nearest inhabited dwelling, other than that of the owner.
(o) Any fowl kept within the city limits as authorized by this section shall be in a secure pen,
coop or enclosure, and such structure shall be of such construction and strength to keep such
anirno|G from running at-large. /\ coop shall be o rninirnurn Size of two (2) square hant for each
fowl and eight (8) square feet for each fowl when enclosed in an outside enclosed pen.
(d) Pigeons shall be kept in an enclosure or coop that is located no closer than thirty (30) feet
from any residential dwelling, other than that of the owner and no closer than fifty (50) feet to a
swimming pool on an adjoining or adjacent property.
(e) When a pigeon(s) is outside of its enclosure or coop, the owner shall ensure that the
pigeon(s) do not roost on or about a dwelling, structure, or other property owned by another and
do not interfere with a neighbor's enjoyment of his property.
(2006 Code, sec. 14-38; Ordinance 09-02-786, sec. 2, adopted 2/16/09;
Ordinance 16-08-1015, sec. 2.14, adopted 8/16/16)
PRINCETON
ec. 10- - Fo I.
(a) Except for exotic birds not raised, kept or harbored for commercial purposes, it shall be
unlawful for any person, firm or corporation to maintain, own or control any premises within the
city limits where more than an aggregate of 12 fowl are kept or harbored in one enclosure.
Provided further, however, that not more than one-fourth of the maximum allowable number of
such animals may be of the male of the species.
(b) The term "one enclosure," as it is used herein, shall be held to mean any and all connected
buildings, whether under one roof or otherwise, and buildings, whether under one roof or
otherwise, and buildings and sheds which may have entrances to the same or adjoining lot or lots
with a gateway or other opening between them.
(Ord. No. 88-006, § 15, 8-16-1988)
RICHARDSON
Sec. 13-75. - Acts which create loud, disturbing, etc., noise enumerated.
The following acts, among others, are declared to create loud, disturbing and
unnecessary noises, in violation of this division, but such enumeration shall not be
deemed to be exclusive:
(1) he sounding of any horn or signal device on any automobile, motorcycle, bus or
other vehicle, while not in motion, except as a danger signal, as may be required by
state law, if another vehicle is backing, starting or turning in such a way as likely to
cause a collision.
(2) The sounding of any horn or signal device on any automobile, motorcycle, bus or
other vehicle while in motion, except as a danger signal, as required by state law.
(3) The playing of any radio, television set, phonograph, or musical instrument in such a
manner, or with such volume, as to disturb the peace, quiet, comfort or repose of
persons in any dwelling, apartment, hotel or other type of residence.
(4) The keeping of any animal or fowl which emits or makes an unreasonably loud,
disturbing and unnecessary noise.
Sec. 6-105' - Fowl.
(a) Generally. The keeping cf fowl such as roosters, ducks, turkeys, geese, pea000ks, guineas.
or other such loud fowl within the city |innits, in any pen, coop or enclosure that is within 150haet
of any residence (other than the owner's), business or school shall be prohibited.
(b) Chickens. No person shall keep more than two hens in an area zoned residential within the
city, and shall be no closer than 50 feet to the nearest inhabited dwelling, other than that of the
owner.
(c) Secure pen or enclosure. Any fowl kept within the city limits shall be in a secure pen, coop or
eno|nsure, and such structure shall be of such construction and strength to keep such animals
from running at large.
(d) Exceptions. Public park lands and lakes shall be exempt from the fowl ordinance, as shall
property or acreage annexed into the city after January 1, 1999, for a period of 12 months from
adoption ofan annexation ordinance.
(Code 1982. § S'1'18)
SACHSE
ec' 2-37' ~ Livestock andmo I per it and restrictions.
X In general. All owners who keep medium and large livestock within the city must first
obtain a permit from the animal warden. The animal warden may make an inspection of
the applicant's facility to ensure that all sections of this chapter are met before issuing a
permit. The animal warden shall have the authority to revoke a permit at any time the
owner does not comply with this chapter or any other requirements. The permit shall be
valid for a period nf five years and must barenewed.
Small livestock may be kept on any property in the city if all other requirements of this
chapter are met. All annaU, nnodiunn and large livestock shall be contained on the owners
premises by a fence constructed as provided in this chapter. Owners of small livestock
will be allowed to keep o maximum of 15 adult livestock over six months of ago. All onnaU
livestock shall be in an enclosed cage or fence and be provided a shelter with a minimum
of three square feet of floor space per animal. All livestock kept on property used for
residondo|, oonnnnernia| or industrial purposes shall be contained behind the rear building
line. If additional adjacent land is available the owner may request o variance from the
animal vvanden, and it shall be recorded on the owner's permit. Livestock kept on property
zoned agricultural or residential estate may be contained in front nfthe rear building line.
No livestock shall be kept on property used for multifamily dwellings.
^�ec. 2-19. - all livestock; distance fro U'v'nequanters.
It shall be unlawful for any owner tn keep on premises under his control, within the
city |innits, any small livestock in such a manner that the livestock will be quartered closer
than 3O feet from any living quarters.
(1988Cnde)
Note— Fonmedy. .
HOA ALLOWS CHICKENS
Alanis Crossing Did not respond back
Avalon No
Birmingham Farms (Ph 3A, 3B, 4) No
Villas of Birmingham (Ph 2B) No
Birmingham (Ph 2A, 13A, 13B, 14A, 14B) No
Bozman Farm Estates No
Braddock Place Addition Did not respond back
The Cascades Did not respond back
Collins Estates Did not respond back
Country Ridge Estates No
Creek Hollow Did not respond back
Creekside Estates No
Dominion of Pleasant Valley Did not respond back
Grayhawk No
Kingsbridge Did not respond back
Kreymer Estates No
Lakeside Estates Did not respond back
Lewis Ranch No
McCreary Estates Did not respond back
Meadows of Birmingham No
Parkside Addition Not currently
Possibly open to allow due to demographics of property
Pheasant Creek Did not respond back
Riverchase Did not respond back
Sage Creek Did not respond back
Southbrook Trails No
Stone Ranch No
Village of Wylie No
Watermark By Lake Ray Hubbard No
Westgate Station Did not respond back
Woodbridge No
Wooded Creek Estates No
Wylie Lakes Being discussed to allow Chickens (limited number)
No Roosters. Limited size of coop-not visible to public
Wylie City Council
°�-l AGENDA REPORT
Meeting Date: July 24, 2018 Item Number: WS 2
Department: City Manager (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code: N/A
Date Prepared: July 17, 2018 Budgeted Amount: N/A
Exhibits: N/A
Subject
Discuss revisions to the Solid Waste and Recycling Contract with Community Waste Disposal, L.P.
Recommendation
N/A
Discussion
The City of Wylie contracted with Community Waste Disposal (CWD) in 2008 to provide solid waste and
recycling services. The contract was renewed in 2013 and expires in September 2018. City staff has been
working with CWD to identify any possible contract revisions to provide better service, reduce complaints,
and reduce staff time.
Currently, citizens must contact CWD to schedule bulk pickup and it is limited to 24 cubic yards per year. To
move to a regularly scheduled weekly bulk pickup, the additional cost is $2.97/month.
Listed below is the residential rate as compared to surrounding communities:
(Rev 01/2014) Page 1 of 2
Page 2 of 2
Rate Bulk
Wylie—9/1/18 $ 12.62
Frisco $ 13.50 Monthly
Wylie-Monthly $ 13.51 Monthly
Sachse $ 15.16 Monthly
McKinney $ 15.36
Wylie-Weekly $ 15.59 S:kietle,..1::
Allen $ 15.59
Plano $ 16.10 Monthly
Murphy $ 16.94 \
Rowlett $ 17.00 ty
Mesquite $ 18.00 Vy
Richardson $ 19.40
Garland $ 19.58
Residential Rates
$20.00
$18.00
$16.00
$14.00 . ry
• f. 3
$8.00
$6.00 !11
$4.00
111$2.00
‹N A ocN
\•(\s‘" <P• r,°§'
Wylie City Council
CVTY OF AGENDA REPORT
LI
Meeting Date: July 24, 2018 Item Number: WS 3
Department: City Manager/Finance (city Secretary's Use Only)
Prepared By: City Secretary Account Code: N/A
Date Prepared: July 20, 2018 Budgeted Amount: N/A
Exhibits: Presentations
Subject
FY 2018-2019 Budget Discussion and Department Presentations to Council
Recommendation
N/A
(Rev 01/2014) Page 1 of I
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UtilityFund Summary
Audited Utility Fund Ending Balance 09/30/17 $ 10,232,500
Projected '18 Revenues 17,347,000
Available Funds 27,579,500
Projected '18 Expenditures (19,264,028)
Estimated Ending Fund Balance 09/30/18 $ 8,315,472
Estimated Beginning Fund Balance- 10/01/18 $ 8,725,262 a)
Proposed Revenues '19 19,130,840 b)
Proposed Expenses '19 (19,023,009) c)
Carry Forward of Funds (409,790)
Use of Fund Balance - New/Replacement Fleet&Equipment (1,506,050) d)
Estimated Ending Fund Balance 09/30/19 $ 6,917,253 e)
a) Increase due to estimated carry forward of funds. See list of carry forward items on slide#3.
b) Assumes 9%water rate increase and 7.5%sewer rate increase per the August 2017 rate study.
c) See list of recommended additions to Base Budget on slide#4.
d) See list of items to be funded through Use of Fund Balance on slide #4.
e) Policy requirement is 90 days of operating expenditures, which is equal to$4,791,690.
2
Requested Items to be Carried Forward
Utility Fund
Utility Admin Engineering Services for Nortex Tank $ 16,350
Utility Admin Traffic Signal Ballard/Alanis $ 4,400
Water Water Line Replacement at Ballard & First St. $ 210,000
Water Water Line Replacement at 78/Brown and Ballard $ 149,000
Water Water Line Replacement at 78/Brown and Ballard $ 28,000
Wastewater Rush Creek Odor Control $ 2,040
$ 409,790
3
Recommended Additions to Base Budget & Fund Balance Items
Utility Fund
Recommended Additions to Base Budget Recommended Items Funded Out Of Fund Balance
Dept ELS# Description Amount Dept ELS# Description Amount
Utility Admin 1 ROW Inspector $ 69,305 Utility Admin la 3/4 Ton Truck for ROW Inspector $ 40,650
Wastewater 1 Maintenance Worker I $ 57,772 Water 2 SCADA Software $ 15,000
Wastewater 1 Maintenance Worker I $ 57,772 Water 3 Utility Truck(Rpl#146) $ 82,000
Water 4 Utility Truck(Rpl#142) $ 82,000
Water 5 3/4 Ton Truck(Rpl#149) $ 39,000
Water 6 3/4 Ton Truck(Rpl#279) $ 39,000
Water 7 Second Street Water Line Replacement $ 620,000
Wastewater 2 Rush Creek LS Pump Rebuild $ 35,000
Wastewater 3 Rush Creek LS Controls $ 40,000
Wastewater 4 Rush Creek LS Odor Control $ 75,000
Wastewater 5 Vactor Truck(Rpl#167) $ 372,000
Wastewater 6 Equipment Trailer(Rpl#T-808) $ 6,000
Utility Billing 1 Bulletproof Glass $ 60,400
TOTAL $ 184,848 TOTAL $ 1,506,050
Note: Totals for new positions include salary,benefits,
and all other associated costs.
4
4B Sales Tax Fund Summary
Audited 4B Sales Tax Fund Ending Balance 09/30/17 $ 2,992,341
Projected '18 Revenues 3,512,775
Available Funds 6,505,116
Projected '18 Expenditures (4,076,465)
Estimated Ending Fund Balance 09/30/18 $ 2,428,651
Estimated Beginning Fund Balance- 10/01/18 $ 2,649,203 a)
Proposed Revenues '19 3,331,300 b)
Proposed Expenditures '19 (3,310,188)
Carry Forward of Funds (220,552)
Use of Fund Balance - New/Replacement Fleet& Equipment (366,650) c)
Estimated Ending Fund Balance 09/30/19 $ 2,083,113 d)
a) Increase due to estimated carry forward of funds for Brown House Feasibility Study,
Parks &Open Space Master Plan, and 3/4 Ton Truck.
b) Total includes sales tax revenue and revenue from the Recreation Center.
c) See list of items to be funded through Use of Fund Balance on slide #6.
d) Policy requirement is 25% of budgeted sales tax revenue ($2,600,000 x 25%=$650,000).
5
Recommended Fund Balance Items
4B Sales Tax Fund
Dept ELS # Description Amount
SRC 2 Parking Lot Expansion $ 125,000
4B Parks 2 Toro Sand Pro (Rpl Unit # M-930) $ 28,650
4B Parks 4 New 1 Ton Truck with Flat Bed $ 47,500
4B Parks 5 New 1 Ton Chevrolet Truck w/ Utility Bed $ 53,500
WRC 5 Upgrade Childcare and Classroom Floors to Pulastic $ 48,000
WRC 6 Upgrade of PA System $ 9,000
WRC 7 Add to and Upgrade Security Cameras $ 20,000
WRC 8 Repairs and Resurfacing of Climbing Wall $ 35,000
TOTAL $ 366,650
6
Fire Training Center Fund Summary
Audited Fire Training Center Fund Ending Balance 09/30/17 $ 142,443
Projected '18 Revenues 57,260
Available Funds 199,703
Projected '18 Expenditures (55,000)
Estimated Ending Fund Balance 09/30/18 $ 144,703
Estimated Beginning Fund Balance - 10/01/18 $ 144,703
Proposed Revenues '19 24,500
Proposed Expenditures '19 (101,000) a)
Estimated Ending Fund Balance 09/30/19 $ 68,203
a) Proposed expenditures include recommended ELS#1 for Vehicle Exhaust System - $46,000.
7
Municipal Court Tech Fund Summary
Audited Municipal Court Technology Fund Ending Balance 09/30/17 $ 21,394
Projected '18 Revenues 12,070
Available Funds 33,464
Projected '18 Expenditures (1,000)
Estimated Ending Fund Balance 09/30/18 $ 32,464
Estimated Beginning Fund Balance - 10/01/18 $ 32,464
Proposed Revenues '19 12,070
Proposed Expenditures '19 (7,250) a)
Estimated Ending Fund Balance 09/30/19 $ 37,284
a) Proposed expenditures include recommended ELS#1 for Brazos Ticket Writer Module - $6,250.
8
Municipal court Building Security
Fund Summary
Audited Municipal Court Building Security Fund Ending Balance 09/30/17 $ 31,894
Projected '18 Revenues 9,070
Available Funds 40,964
Projected '18 Expenditures (5,000)
Estimated Ending Fund Balance 09/30/18 $ 35,964
Estimated Beginning Fund Balance - 10/01/18 $ 35,964
Proposed Revenues '19 9,070
Proposed Expenditures '19 (7,895) a)
Estimated Ending Fund Balance 09/30/19 $ 37,139
a) Proposed expenditures include recommended ELS#1 for Mossberg Shotgun - $645.
9
Hotel OccupancyTax Fund Summary
Audited Hotel Occupancy Tax Fund Ending Balance 09/30/17 $ 223,937
Projected '18 Revenues 121,500
Available Funds 345,437
Projected '18 Expenditures (46,150)
Estimated Ending Fund Balance 09/30/18 $ 299,287
Estimated Beginning Fund Balance - 10/01/18 $ 299,287
Proposed Revenues '19 121,500
Proposed Expenditures '19 (104,350) a)
Estimated Ending Fund Balance 09/30/19 $ 316,437
a) Proposed expenditures include recommended ELS #1 for 4B Stonehaven House for Stonehaven House Feasibility
Study - $50,000.
10
General Fund Summary
Audited General Fund Unassigned Ending Balance 09/30/17 $ 16,281,977
Audtited General Fund Assigned Ending Balance 09/30/17 $ 2,795,553
Projected '18 Revenues 39,855,135
Available Funds 58,932,665
Projected '18 Expenditures (44,378,580)
Estimated Ending Fund Balance 09/30/18 $ 14,554,085
Estimated Beginning Fund Balance- 10/01/18 $ 14,716,451 a)
Proposed Revenues'19 42,916,158
Proposed Expenditures'19 (42,915,241) b)
Excess Revenues Over Expenditures $ 917
Carry Forward of Funds (162,366)
Use of Fund Balance - Fire Station#2 Remodel (1,300,000)
Estimated Ending Fund Balance 09/30/19 $ 13,255,002 c)
a) Increase due to estimated carry forward of funds. See list of carry forward items on slide#12.
b) See list of recommended additions to Base Budget on slides#13 and#14.
c) Policy is 25%of budgeted expenditures. As shown,this Ending Fund Balance is 31%.
11
Requested Items to be Carried Forward
General Fund
Emer. Comm GPS Radio Interface $ 30,000
City Secretary MCCI Consulting Services $ 44,866
Fire Station 1 Projects $ 55,000
Streets 3/4 Ton Truck $ 29,000
Streets Truck Lights and Accessories $ 3,500
$ 162,366
12
Recommended Additions to Base Budget ( Personnel)
General Fund
Dept ELS# Description Amount Dept ELS# Description Amount
HR 1 Upgrade Benefit/Recruting Specialist to HR Analyst $ 4,280 Emer Comm 1 New Dispatcher- Lucas $ 73,703
Police 1 New Assistant Chief $ 244,958 Streets 1 Upgrade Crew Leader to Streets Supervisor $ 18,142
Police 2 New Patrol Officers(2) $ 278,005 Streets 2 New Equipment Operator $ 66,194
Police 3 Upgrade Detective to Corporal (CAC) $ 33,242
Police 4 Upgrade Officer to Corporal (Traffic) $ 28,542 Parks 1 Upgrade Parks Mgr. to Parks Superintendent $ 9,960
Police 5 New Detention Supervisor- mid year $ 63,780 Parks 2 Upgrade Maintenance Worker Ito Equipment Operator $ 10,781
Parks 3 Upgrade Maintenance Worker II to Crew Leader $ 10,430
Fire 1 New Firefighters (3)Temp Station 4 $ 472,232
Fire 2 New Support Services Coordinator $ 121,613 Library 4 Upgrade Reference Assistant to Librarian $ 25,204
TOTAL $ 1,461,066
Note: Totals for new positions include salary, benefits,
and all other associated costs.
13
Recommended Additions to Base Budget ( Non-Personnel)
General Fund
Dept ELS# Description Amount Dept ELS# Description Amount
Facilities 1 Municipal Complex Termite Treatment $ 25,000 AC 1 Shelter Operations Software $ 23,980
Facilities 2 New Truck- Facilities Technician $ 30,000 AC 2 MDC Units for Vehicles (3) $ 33,093
Facilities 4 Network Switch for Recreation Center Cameras $ 3,000
Streets 7 City Wide School Zone Study $ 41,000
IT 1 Cisco WAP-Wireless Antennas(35) $ 15,897 Streets 8 New 2 Ton Utility Truck $ 82,000
Streets 9 Intersection Improvements McCreary/544 $ 10,000
Police 6 Patrol Unit(Rpl#304) $ 41,700
Police 6 Patrol Unit(Rpl#330) $ 41,700 Parks 4 Flatbed Trailers (2) $ 15,000
Police 6 Patrol Unit(Rpl#331) $ 46,900 Parks 5 Zero Turn Mower(Rpl W30) $ 12,000
Police 7 CID Detective Unit(Rpl#283) $ 48,600 Parks 5 Zero Turn Mower(Rpl W31) $ 12,000
Police 7 CID Detective Unit(Rpl#306) $ 43,200 Parks 5 Zero Turn Mower(Rpl W32) $ 12,000
Police 7 CID Detective Unit(Rpl#307) $ 48,600 Parks 6 20' Equipment Trailer $ 9,000
Fire 5 Battalion Unit (Rpl#276) $ 77,250 Library 1 Exit Door for Teen Room $ 16,000
Fire 6 Prevention Unit (Rpl#277) $ 77,250 Library 2 Exit Door for Adult Services Area $ 15,000
Fire 7 10 SCBA Replacements $ 35,000 Library 3 Controller for Badge Access $ 12,000
Fire 8 4 Toughbook Replacements $ 12,000 Library 5 Print Management System $ 3,620
Library 6 Optical Scanners/Computers (3) $ 15,036
Emer Comm 2 CAD Workstation $ 27,790
Emer Comm 6 10 Portable Radio Replacements $ 48,299 Combined Svcs 1 ADA Transition Plan $ 150,000
TOTAL $ 1,083,915
14
tAI City of Wylie
ilr/t` FY18 Benefits Cost
I Y OF
WYLtE.
MEDICAL(AETNA EPO)
TOTAL MONTHLY CITY MONTHLY EMPLOYEE
MONTHLY
RATE CONTRIBUTION CONTRIBUTION
EMPLOYEE ONLY $676.00 $676.00 100% $0.00 0%
EMPLOYEE+SPOUSE $1,703.54 $1,189.77 70% $513.77 30%
EMPLOYEE+CHILD(REN) $1,142.47 $909.24 80% $233.24 20%
EMPLOYEE+FAMILY $1,798.22 $1,237.11 69% $561.11 31%
City pays 50%towards dependent coverage
DENTAL
TOTAL MONTHLY CITY MONTHLY EMPLOYEE
% MONTHLY
RATE CONTRIBUTION
CONTRIBUTION
EMPLOYEE ONLY $43.33 $43.33 100% $0.00 0%
EMPLOYEE+SPOUSE $85.74 $64.53 75% $21.20 25%
EMPLOYEE+CHILD(REN) $96.81 $70.07 72% $26.74 28%
EMPLOYEE+FAMILY $144.81 $94.07 65% $50.74 35%
SUPPLEMENTAL VISION
TOTAL MONTHLY CITY MONTHLY EMPLOYEE
MONTHLY
RATE CONTRIBUTION CONTRIBUTION
EMPLOYEE ONLY $8.77 $0.00 0% $8.77 100%
EMPLOYEE+DEPENDENT $15.34 $0.00 0% $15.34 100%
EMPLOYEE+FAMILY $22.80 $0.00 0% $22.80 100%
*supplemental vision;100%employee paid
Cost Based on Cost Based on Cost Based on
Average Salary of Lowest Full-Time Average Salary
ADDITIONAL BENEFITS CITY PAID EMPLOYEE BENEFIT All Full-Time Employee of
PAID COST Employees Salary Highest Paid*
$60,701 $30,035 $115,131
LIFE INSURANCE 2X ANNUAL SALARY ✓ 0.170 PER$1,000 $20.64 $10.21 $39.14
AD&D$ V 0.030 PER$1,000 $3.64 $1.80 $6.91
EMPLOYEE ASSISTANCE PROGRAM(EAP) V $1.17/PEPM $1.17 $1.17 $1.17
LONG TERM DISABILITY(LTD) V .45 PER$100 $22.76 $11.26 $43.17
TMRS 15.08% $762.81 $377.44 $1,446.81
LONGEVITY PAY - V $4/MO OF SERVICE
TMRS V V CITY MATCHING
HARTFORD LIFE AND ACCIDENT* V
HARTFORD LIFE AND ACCIDENT# V
CAREFLITE MEMBERSHIP ✓ $12ANNUALLY
LIFEINSURANCE-SUPPLEMENTAL ✓ VOLUNTARY
VARIOUS AFLAC POLICIES ✓ VOLUNTARY
FSA MEDICAL&DEPENDENT CARE ✓ VOLUNTARY
DEFERRED COMPENSATION IVOLUNTARY ,
Annual Totals
$NOT TO EXCEED MONTHLY MAX($34.00for Life and$37.50for ADD) Salary $60,701 $30,035 $115,131
*CITY PAID FOR SWORN POLICE OFFICERS($7.74 PER OFFICER PER MONTH)
#CITY PAID FOR SWORN FIREFIGHTERS($3,867.25 ANNUALLY) Additional benefits $9,732.27 $4,822.64 $18,446.51
Medical-city paid $8,112.00 $8,112.00 $8,112.00
Dental-city paid $519.96 $519.96 $519.96
Total benefits $18,364.23 $13,454.60 $27,078.47
of Benefits to Salary 30% 45% 24%
*Highest paid include department heads,assistant department heads,battalion chiefs and lieutenants
Updated:7/19/2018
TMRS Benefits
Peer Survey-July 2018
WYLIE
Employee City Vested USC Rate USC COLA COLA Military Buy Back Restricted Prior SOB SOB Contribution
City Deposit Rate Match Requirement Eligible for Retirement (%) Effective (%) Eff. Service Credit Last Approved Service Credit Employees Retirees Members Population
Allen 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 1997R 70 1997R 01-88 2004-05-11 03-96 X X 767 87,743
Carrollton 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 75 2009R 50 2010R 11-89 12-91 822 129,209
Frisco 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 2000R 70 2000R 06-02 2011-12-06 01-97 X X 1,187 125,500
Garland 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 1999R 70 2008 01-90 1990-01-16 01-92 X X 2,050 231,517
Keller 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 2002R 50 2012R 01-97 2005-12-20 01-94 X X 285 40,530
Lancaster 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 1998R 50 2012R 10-89 01-97 X X 260 37,097
McKinney 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 1996R 70 2003R 01-92 X X 1,067 136,500
Murphy 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 2002R 70 2002R 01-05 X X 124 18,387
Plano 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 1994R 70 1994R 01-92 1993-12-27 01-94 2,425 269,776
Richardson 7% 2-1 5 Yrs 5 Yrs/Age 60,25 Yrs/Any Age 50 2011R 50 2011R 01-87 1987-09-28 10-91 1,022 101,742
Rockwall 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 2001R 70 2001R 07-93 1983-08-02 11-95 X X 269 39,028
Rowlett 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 1999R 50 2012R 01-90 05-94 394 57,463
Sachse 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 1998R 70 1998R 09-95 X X 146 20,860
Wylie 7% 2-1 5 Yrs 5 Yrs/Age 60,20 Yrs/Any Age 100 T 1995R 70 1995R 02-89 2000-12-12 09-91 X X 327 43,001