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06-25-2019 (City Council) Agenda Packet • NOTICE OF PUBLIC M ITY EVENT Tuesday, June 25, 2019 5:30 p.m. Wylie Municipal Complex 300 Country Club Road, Building #100 EXPLANATION! A RECEPTION FOR OUTGOING BOARD AND COMMISSION MEMBERS WILL TAKE PLACE PRIOR TO THE CITY COUNCIL MEETING. A QUORUM OF THE CITY COUNCIL MAY OR MAY NOT BE PRESENT, NO ACTION WILL BE TAKEN DURING THIS RECEPTION. Wylie City Council NOTICE OF MEETING Regular Meeting Agenda June 25, 2019 - 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor David R. Duke Place 1 Matthew Porter Place 2 Jeff Forrester Mayor Pro Tern Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Chris Hoisted 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 • Outgoing Wylie Boards and Commissions Members; Oath of Office for Incoming Members • Employee Milestone • Wylie PD Promotional Badge Pinning • Parks& Recreation Month Proclamation June 25,2019 Wylie City Council Regular Meeting Agenda Page 2 of 5 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 June 11, 2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and act upon,a vendor application for the Wylie ISD Council of PTA's"Back to the Future Back to School" event at Olde City Park on August 24, 2019. (R. Diaz, Parks & Recreation Director) C. Consider,and act upon,a vendor application for the 1LT Robert F.Welch III Charity"Family Music in the Park" event at Olde City Park on July 26, 2019. (R. Diaz, Parks & Recreation Director) D. Consider, and act upon,the award of bid #W2019-84-A for Concrete Maintenance & Repair (Various Locations) to GT Construction Inc.,in the estimated annual amount of$750,000.00, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) E. Consider, and act upon, approval and final acceptance of the Newport Harbor Pump Station Improvements project and authorize final payment to Red River Construction Company,Inc. in the amount of $41,004.09, and accept the project as complete. (T. Porter, Public Works Director) F. Consider, and act upon, Ordinance No. 2019-15 to amend Planned Development 2017-11, Section 5.5.f to set forth 20' front yard setbacks on lots 5-19, 39 and 40 of Block K of Woodbridge Phases 21 and 22, generally located southeast of the intersection of McCreary Road and Hensley Lane. ZC 2019-07. (J. Haskins, Planning Manager) G. Consider,and act upon,Ordinance No.2019-16 to change of zoning from Agricultural(AG/30) to Commercial Corridor, property located at 2455 Country Club Road (Tract 2 William Patterson Survey).ZC 2019-08. (J. Haskins, Planning Manager) H. Consider, and act upon, a Final Plat for Birmingham Place Phase 5 Lots 1 and 2, Block A to establish two commercial lots on 5.251 acres located on the northeast corner of Park Blvd and FM 1378. (J. Haskins, Planning Manager) I. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for May 31,2019. (M. Beard, Finance Director) J. Consider, and place on file, the City of Wylie Monthly Investment Report for May 31, 2019. (M. Beard, Finance Director) June 25,2019 Wylie City Council Regular Meeting Agenda Page 3 of 5 K. Consider, and place on tile, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of May 31, 2019. (S. Satterwhite, WEDC Director) EXECUTIVE SESSION 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. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: a. Pending or contemplated litigation; or b. A settlement offer, or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Development Regulations RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. REGULAR AGENDA 1. Consider, and act upon, authorizing the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to allow for the annexation into the City limits and the development of single-family homes within property located in the City's Extraterritorial Jurisdiction (ETJ), generally located north of Stone Road and east of Kreymer Road, and more specifically at 2121 E. Stone Road. (I. Haskins, Planning Manager) Executive Summary The applicant is proposing an Agreement relating to the annexation of the subject property into the City limits on a voluntary basis and the development,after receiving necessary platting and zoning approvals,of a 14.599- acre residential development consisting of 62 residential lots. The property is currently in the City's ETJ (Collin County)off of Stone Road cast of Kreymer. 2. Consider, and act upon, authorizing the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to relocate a sanitary sewer line and sewer easement within property located in the City's Extraterritorial Jurisdiction (ETJ), located at 2121 E. Stone Road. (J. Haskins, Planning Manager) June 25,2019 Wylie City Council Regular Meeting Agenda Page 4 of 5 Executive Summary The applicant is proposing a 14.599-acre residential development consisting of 62 residential lots. The property is in the City's ETJ in the county of Collin. 3. Consider, and act upon, a Preliminary Plat for Brookside Estates Addition to establish 68 residential and 11 open space lots on 14.599 acres within Wylie's ETJ, located at 2121 Stone Road approximately 1800' east of Kreymer Lane. (J. Haskins, Planning Manager) Executive Summary The applicant is proposing a 14.599-acre residential development consisting of 68 residential lots and 11 open space lots. The property is in the City's ETJ in Collin County. As such, the City's Subdivision Regulations apply along with the City's engineering standards, such as street design, due to an inter-local agreement with Collin County. The Zoning Ordinance does not apply in this subdivision. 4. Consider,and act upon,approval of Resolution No.2019-18(R)authorizing the application for a Collin County Park and Open Space Grant for the purpose of the Twin Lakes Park Trail project. (R. Diaz, Parks &Recreation Director) Executive Summary In November 2018,the citizens of Collin County approved a$10 million bond proposition for Parks and Open Space. Through the year 2023, Collin County will make these funds accessible to cities and non-profit organizations within the County.These funds will be obtainable through an application process to assist with the acquisition of park land,trail construction and park/open space improvements. 5. Consider, and act upon, the acceptance of the withdrawal of applicant Roger Lang and the appointment of an alternate board member to the Zoning Board of Adjustments to fill the term of July 1, 2019 to June 30, 2021. (S. Storm, City Secretary) Executive Summary When the 2019. Board and Commission interviews were held,Council approved Roger Lang as Alternate 2 to the Wylie Zoning Board of Adjustments. After council approval, Mr. Lang withdrew his application to serve. His term was to begin July 1,2019. EXECUTIVE SESSION 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. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: a. Pending or contemplated litigation; or b. A settlement offer, or June 25,2019 Wylie City Council Regular Meeting Agenda Page 5 of 5 (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Discuss Drainage Issues 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). • Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Project 2019-6a and 2019- 6b. 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 near Highway 78 and Ballard. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III,Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on June 21, 2019 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. 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A park with I acre of trees absorbscarbon n dioxide fr, 14, „.;,„4,:',,4.,,,,,..,,.;,,,, „,,,,.:-..--',,,.'51*-.-1:',1.*..:.,a. ,. '''', --1,--',.,..'....' 7,;;J-A.4,.'4ti. ' .0 if r it produced by driving a car 11,000 miles „tt, 4tItti n 3Nf �xr 6 id i F .., c.,„,,,,,,.;,,,,,,, ,. , ' 1, 4mit. - � 4 k4 4 KK Parks - ' ov',-,Yillk;ttt0j4,4 , --q',:',';4204 support overall ecosystem functionality ,,,, Ai " i„ ,,„,7„..,,,,,., ,l a+e ' a,. ,,. , "100, ,,,,,,:;i'",„:,, -",,,, 4' '' "'ip, ,, ..k.,y,,,A, •At,,,,:*,,e,,4 - ,V, , ro 2., ,t 1,00 w ‘Aw� � iauamlm ��, �a ti if ir„ „' 1 „ --.,,, .. x `„ . Parks reduce theimpact of stormwater damage -...., ,,, it.. r „, „." , ,,,, ,,„ ,v, � l, .. ''', , , ,,,, 4,, ,'1,,,1'," i rdn ;'-,,M a mow, " . „ '� Parks iw �pwy ��/I� overall cooling, making ♦p R S p �� contribute t`VIW M!er urban AMA o� r 11 '; y, � ° '° cities morecomfortable in the summer ?V�e 7} �� "- ui si ,, j "�' s �.,'a"jV i iY4'"" '�Ps'"" ,fi d �� 83% of Americans believe it i important that local Wylie City Council Minutes Regular Meeting June 11, 2019—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 6:01 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester, Councilwoman.Candy Arrington, Councilman Timothy T. Wallis (6:05), and Councilman David Dahl. Staff present included: City Manager Chris Hoisted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Lieutenant Tommy Walters; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Public Works Director Tim Porter; Planning Manager Jasen Haskins, Library Director Rachel Orozco; Human Resources Director Lety Yanez; WEDC Assistant Director Jason Greiner; Project Engineer Wes Lawson; City Secretary Stephanie Storm, and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Assistant City Manager Parker gave the invocation and Assistant City Manager 011ie led the Pledge of Allegiance. PRESENTATIONS co Junior Mayor Monroe Keller Mayor Hogue introduced Junior Mayor Monroe Keller, administered the oath of office, and presented a proclamation for"Mayor of the Day." co Oath of Office and Badge Pinning—City of Wylie Fire Chief,Brandon Blythe and Assistant Fire Chief,Brian Ritter Mayor Hogue introduced newly appointed WFR Fire Chief Brandon Blythe and Assistant Fire Chief Brian Ritter. Judge Art Maldonado administered the oath of office to Chief Blythe and Assistant Chief Ritter. Chief Blythe was pinned by his mom, Terri. Granberry, grandmothers Louise Selman and Tommie Selman, and sons Brett and Blake. Assistant Chief Ritter was pinned by his wife Tammy. Chief Blythe's and Assistant Chief Ritter's family members were also in attendance. Minutes June 1.1,2019 Wylie City Council Page 1 CITIZEN COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must Jill 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. 0o Jeff Bell, resident, addressed Council requesting that council continue to look at developments, and ensure the infrastructure stays up with the current city services. 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 May 28, 2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and place on file, the Animal Shelter Advisory Board report to City Council regarding meeting held on May 22,2019. (A. Henderson, Police Chief) C. Consider, and act upon, approval for substantial renovations in accordance with Ordinance No. 2013-17 for the remodel of an existing residential structure, located at 302 N. Ballard within the Downtown Historic District. (R. 011ie, Asst. City Manager) Councilman Porter requested Consent Item C be removed from Consent and considered individually. Consensus of the Council was to remove Item C from Consent and consider individually. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilwoman Arrington, to approve Consent Agenda Items A and B as presented. A vote was taken and motion passed 7-0. REGULAR AGENDA C. Consider, and act upon, approval for substantial renovations in accordance with Ordinance No. 2013-17 for the remodel of an existing residential structure, located at 302 N. Ballard within the Downtown Historic District. (R. 011ie, Asst. City Manager) Staff Comments Assistant City Manager 011ie addressed Council stating this item went before the Historic Review Commission and what was approved is a little different from what has been submitted since the packet was compiled. The change is that there is a breezeway that connects the main structure to the garage, and they are proposing to build the cooler at ground level as opposed to the higher level and utilize the existing roof of the breezeway, which slightly changes the look. The revision closes the breezeway in, adds a door, and utilizes the existing roof. Mayor pro tern Forrester asked if the garage structure would have any type of fire suppression system. 011ie replied no, it would not. Minutes June 11, 2019 Wylie City Council Page 2 Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl, to approve Consent Agenda Item C. A vote was taken and motion passed 7-0. Interview of Board of Ethics Applicant Mayor Hogue reported that Justin Grayczyk and Sammi Powers were unable to attend the meeting this evening. Council members interviewed the following applicants: 0o Chad Tittle 0o Randall Zabojnik 1. Consider, and act upon, appointments to fill the Board of Ethics vacancies for a term to begin July 1, 2019. and end June 30, 2021. (S. Storm, City Secretary) Council Comments Mayor Hogue stated there are four positions available on the board: two member positions and two alternate positions. Justin Grayczyk and Sammi Powers were unable to attend the meeting but would like to serve. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Arrington, to appoint Chad Tittle and Randall Zabojnik to the two regular positions on the Board of Ethics, and appoint Justin Grayczyk and Sami Powers to the two alternate positions on the Board of Ethics. A vote was taken and motion passed 7-0. 2. Consider, and act upon, the recommendations of the 2019. Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Historic Review Commission, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2019 and end June 30, 2021/22. (S. Storm, City Secretary) Council Discussion Mayor Hogue asked Board and Commission Interview Panel Chair Forrester for recommendations. The following recommendations were acted upon and approved. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman. Duke to appoint the following member to the Animal Shelter Advisory Board: appoint Alysia Little as replacement one. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis to appoint the following members to the Construction Code Board (two-year terms): re-appoint Bobby Heath, Jr. and Billy McClendon; appoint Lowell Davis to replace Bryan Rogers and Philip Timmons to replace Shaun Chronister, and appoint Jacques Loraine III to replace Craig Allen as an alternate. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tem Forrester, seconded by Councilman Duke to appoint the following members to the Historic Review Commission (two-year terms): re-appoint John Pugh and Joe Minutes June 11,2019 Wylie City Council Page 3 Chandler; appoint Debbie Loraine to replace Scott Cessna and Kirstin Dodd-Schubert to replace Gary Taylor; and appoint Tim Gilchrist as replacement one. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter to appoint the following members to the Library Board (two-year terms): re-appoint Janice Borland, Rosalynn Davis, and Juan Azcarate; appoint Arthur Borgemenke to replace Mindy Ayers and Carla McCullough to replace Shirley Burnett; and appoint Irene Chavira as replacement one and Krishna Upadhyaya as replacement two. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman. Porter to appoint the following members to the Parks and Recreation 4B Board (two-year terms): re-appoint Dan Chesnut and Emmett Jones; appoint David R. Duke to replace Keith Stephens and Scott Hevel to replace Phillip Gilbert. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis to appoint the following members to the Parks and Recreation Board (two-year terms): re-appoint Brett Swendig; appoint Gloria Suarez to replace Dan Chesnut and Brian Willeford to replace Bobby Kinser; appoint Craig Allen as replacement one and Jennifer Pauga as replacement two. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl to appoint the following members to the Planning and Zoning Commission (two-year terms): re-appoint Brad Emerson, Mike McCrossin, and Bryan Rogers; and appoint Brian Ortiz as replacement one and Shaun Chronister as replacement two. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis to appoint the following members to the Public Arts Advisory Board (two-year terms): re-appoint Anita Jones and Minerva Bediako; appoint John Treadwell to replace Nancy Peirce; and appoint Amy Anderson as replacement one and Keith Ferrand as replacement two. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter to appoint the following member to the Wylie Economic Development Corporation Board (three-year terms): re- appoint Bryan Brokaw; and appoint Gino Mulliqi to replace Marvin Fuller. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl to appoint the following members to the Zoning Board of Adjustment (two-year terms): appoint Lisa Shields to replace Linda Jourdan; appoint Dan Norris to replace Lisa Shields (1-year term) as alternate one; and appoint Roger Lang as alternate two. A vote was taken and the motion passed 7-0. Mayor Hogue thanked members of the 2019 Boards and Commissions Interview Panel (Mayor pro tern Forrester, Councilman Porter, and Councilman Dahl). Hogue also thanked the citizens for their service on the Boards and Commissions over the years, and welcomed the new board members. Tabled from 02-26-2019 Remove from table and consider Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl, to remove Item 3 from table. A vote was taken and motion passed 7-0. Minutes June 11,2019 Wylie City Council Page 4 3. Consider, and act upon, adoption of Resolution No. 2019-06(R) determining a public necessity to acquire certain properties for public use by eminent domain for rights-of-way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road (FM 1378)); giving notice of an official determination to acquire certain properties for public use by eminent domain for rights-of-way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road (FM 1378)); authorizing the City Manager of the City of Wylie, Texas, to establish procedures for acquiring the rights-of-way (in fee simple), temporary construction easements and related improvements offering to acquire said property rights, voluntarily from the landowners through the making of bona fide offers; appropriating funds; providing for repealing, savings and severability clauses; and providing for an effective date. (T. Porter, Public Works Director) Staff Comments Public Works Director Porter addressed Council stating staff is requesting to re-table this item to a not- specific date to bring back more conclusive numbers for discussion. City Manager Holsted reported if an agreement is reached with a property owner, the agreement will come back to council for approval. This resolution would authorize condemnation or eminent domain proceedings. Council can choose to take action; table this resolution to a nonspecific date and it will come back in three meetings; table it to a specific date further out; or take no action and staff will bring back if an agreement with a property owner cannot be reached and possible condemnation discussion is needed. Citizen Comments Terri Thurmond, resident, addressed Council with concerns about the value of the owner's property and the widening of McMillen Road. Council Action No motion was received for this item; therefore, no action was taken by Council. Staff will bring back at a future date if needed. 4. Hold a Public Hearing to consider, and act upon, an amendment to Planned Development 2017-11, Section 5.5.f to set forth 20' front yard setbacks on lots 5-19, 39 and 40 of Block K of Woodbridge Phases 21 and 22, generally located southeast of the intersection of McCreary Road and Hensley Lane. ZC 20.19-07. (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to amend an existing Planned Development Ordinance. The proposed amendment, Section 5.5.f to the development standards of the PD, will adjust the setbacks from 25' to 20' on 17 lots in Phases 21 and 22 of the development. All of the subject lots are on the southern end of the phases and back up to open space inside Sachse city limits. Haskins stated the applicant has requested this amendment because homebuilders have asked for a reduced front setback to these lots due to the lot depth not being as deep as initially expected. The Preliminary Plat set the average depth of the above-mentioned lots at around 120'. On the final plat, an adjustment to an exterior lot line on the west side of the property reduced the depth of the lots to about 114'. The current Planned Development Ordinance allows for 15' front yard setbacks for homes that are constructed with side-entry garages. Haskins reported 29 notifications were mailed with one response returned in favor, and the Commission recommended approval 6-0. Minutes June 11, 2019 Wylie City Council Page 5 Applicant Comments Jay Volk, representing J. Volk Consulting, addressed Council giving a short presentation. Volk stated the boundary revision reduced lot depths along the south boundary from 120' to 114' in phase one, affecting 15 lots, and phase two, affecting two lots. The change is limited to 17 lots out of a total of 368. The lots still comply with the minimum lot depth per the PD. Some of the benefits of the change include a larger backyard, builder flexibility, and less risk to existing trees. In regard to parking concerns, having a 15' setback only allows one vehicle, which eliminates vehicle stacking and reduces the risk of vehicles blocking the sidewalk. Public Hearing Mayor Hogue opened the public hearing on ZC2019-07 at 7:18 p.m. asking anyone present wishing to address Council to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 7:19 p.m. Council Action A motion was made by Councilwoman Arrington, seconded by Councilman Dahl, to approve an amendment to Planned Development 2017-11, Section 5.5.f to set forth 20' front yard setbacks on lots 5- 19, 39 and 40 of Block K of Woodbridge Phases 21 and 22, generally located southeast of the intersection of McCreary Road and Hensley Lane. ZC 2019-07. A vote was taken and motion passed 7-0. 5. Hold a Public Hearing to consider, and act upon, a change of zoning from Agricultural (AG/30) to Commercial Corridor, property located at 2455 Country Club Road (Tract 2 William Patterson Survey). ZC 2019-08. (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone a 0.9-acre property located at 2455 Country Club Road from AG/30 to CC. The property is generally bordered by AG property to the south and west, CC to the north, and commercial properties to the east that reside outside of the city limits. The applicant is proposing the property be rezoned to allow for a single commercial development of approximately 7,000 square feet. The applicant has provided a concept plan. The applicant has indicated that a medical office use is likely, but the requested Commercial Corridor zoning does not limit the property to only that use. Haskins stated should the zoning be approved, the applicant will submit a final site plan and a preliminary plat for consideration before any development can begin. The zoning requested is compatible with the Comprehensive Land Use Plan. Haskins reported three notifications were mailed with no responses returned at the time of posting, and the Commission recommended approval 6-0. Public Hearing Mayor Hogue opened the public hearing on ZC2019-08 at 7:22 p.m. asking anyone present wishing to address Council to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 7:23 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman Duke, to approve a change of zoning from Agricultural (AG/30) to Commercial Corridor (CC), property located at 2455 Country Club Road(Tract 2 William Patterson. Survey) ZC 2019-08. A vote was taken and motion passed 7-0. Minutes June 11, 2019 Wylie City Council Page 6 Mayor Hogue recessed the meeting for a short break at 7:24 p.m. Mayor Hogue reconvened the meeting at 7:33 p.m. 6. Consider, and act upon, approval of Resolution No. 2019-16(R) authorizing the City Manager to execute an Impact Fee Agreement with Development Solutions BZ, LLC for the construction of Troy Road south of Collins Boulevard. (C. Hoisted, City Manager) Staff Comments City Manager Hoisted addressed Council stating the developer of the Bozman Farms development constructed a portion of Troy Road south of Collins. This portion would be considered an eligible area per Ordinance No. 2014-35, which is the latest Thoroughfare Impact Fee ordinance and is eligible for reimbursement. The developer has requested reimbursement for that portion of the project, which results in a total cost of about $1.1 million. The developer is requesting part of the cost come back in Impact Fee credits on the remaining lots they have to develop; therefore, there would be a payment of about $645,000 due to developer. The current East Zone Impact Fee balance is approximately $2,500,000 so funds are available for the reimbursement. Council Comments Councilman Porter stated there is cleanup that needs to be done in the area and asked if stipulations could be attached to this credit. Holsted replied, if that is the pleasure of Council that can be added to the motion. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilwoman Arrington, to approve Resolution No. 2019-16(R) authorizing the City Manager to execute an Impact Fee Agreement with Development Solutions BZ, LLC for the construction of Troy Road south of Collins Boulevard and that any reimbursement be tied to satisfactory cleanup of the construction area. A vote was taken and motion passed 7-0. 7. Consider, and act upon, approval of Resolution No. 2019-17(R) requiring the Wylie Economic Development Corporation to obtain City Council approval of projects with third parties before executing the agreement. (C. Hoisted, City Manager) Council Comments Mayor Hogue confirmed this item was added to the agenda at the request of two councilmembers, Councilman Porter and Councilman.Duke. Hogue asked why this was added to the agenda. Porter replied because it is considered a best practice with Texas Municipal League and the Texas Attorney General, and transparency and accountability are important. Duke replied he read it was a best practice and a number of citizens have come to him requesting more transparency from the EDC. Councilman Dahl asked why it was requested in a final form on the agenda, and not a work session. Porter replied he requested that this be an actionable item. Councilwoman Arrington asked if this would delay any agreements if items have to come to Council first. Jason Greiner, representing the EDC, responded currently they have executive sessions with Council and have ex-officio members on the EDC board, Mayor and City Manager, but from a posting perspective there would be about an eight-day delay. One of the concerns for the EDC is the project code names being listed on the agenda. Councilman Dahl stated the EDC is not a new venture in the City and asked where is the concern, that Council is putting another step of approval in the process with something that has worked so well. Hogue replied that this is within the right of Council if they choose to put this in place. He also reported that he spoke with other cities that currently do this process, and spoke with cities that use our current process. One of the recommendations from one of the cities was to allow the board to approve up to a certain dollar amount without Council Minutes June l l, 2019 Wylie City Council Page 7 approval. Porter replied to Dahl that this is not an indication that he believes of any wrong doing, or with any of the board decisions that have been made, this is simply believing in best practices. Melissa Kenfield, resident, addressed Council stating she was surprised to see this on the agenda after the discussion at the March 26 City Council meeting. She expressed concern with the potential loss of businesses to other cities and requested clarification on what is the purpose, what is the goal, what is Council trying to accomplish, and more specific numbers regarding the impact on future planning and future revenue. Marvin Fuller, EDC board member, addressed Council thanking them for the opportunity to serve on the board. Fuller stated he agrees that best practice standards are what he wants to strive for. The EDC has a proven 30-year history with bylaws, requirements, and standards that the EDC has been held to. The EDC currently makes annual reports to Council, Council approves the annual EDC budget, and the EDC utilizes the same auditor the City uses. The EDC board does have two ex-officio members, the Mayor and the City Manager, who attend the meetings to be a conduit to the City Council. Fuller stated he believes the EDC, whose members are approved by Council, has a proven history of accountability, transparency, and of best practice. Councilman Dahl stated sometimes best practices are needed; however, Wylie does not have a problem with the City and EDC relationship and they work well together. Mayor pro tern Forrester asked if this would change or modify how the EDC currently does business, would it negatively or positively affect the process, and what would be the viewpoint of citizens on the EDC going forward. Greiner responded they can do anything the Council decides and will work with Council, attend executive sessions, make motions, and bring before Council. Greiner stated he was unsure of the impact to smaller businesses for smaller projects with the new proposed process. Regarding flexibility, they do special called meetings around the timeframes and deadlines of the companies and they are all different. For the most part they will work with Council on anything the Council wants them to do,he said. Council Action A motion was made by Councilman. Porter, seconded by Councilman Duke, to approve Resolution No. 2019-17(R) requiring the Wylie Economic Development Corporation to obtain City Council approval of projects with third parties before executing the agreement. A vote was taken and motion passed 4-3 with Mayor Hogue, Councilman Dahl, and Councilwoman Arrington voting against. Mayor Hogue recessed the Council into Work Session in the Council Conference Room at 8:02 p.m. Mayor Hogue reconvened the Council into Work Session at 8:07 p.m. WORK SESSION 0o Fiscal Year 201.9-20 Budget Work session. (M. Beard, Finance Director) City Manager Holsted addressed Council stating that the first work session for the FY 2019/2020 budget will provide preliminary assumptions. New construction value is estimated at $171 million. For the current budget year, sales tax is projected to come in 8% above budget and for FY 2020 assumptions is 5% over FY 2019 projected amount. Aetna has predicted a 6% increase in medical insurance and a 15% increase in dental insurance. Step plan increases for Public Safety of 2.5% and a merit-based average of 3% for non-sworn personnel have been included. The Collin.County average predicted home value in.Wylie is $276,382. Minutes June 11, 2019 Wylie City Council Page 8 Total revenue based on these assumptions is $43,513,903 with expenditures for base line department budgets, step increases for sworn officers, 3% average merit increase for non-sworn personnel, and the 6% medical and 15% dental insurance increase at $40,907,606, leaving excess funds prior to any new requests at $2,606,297, assuming an effective tax rate. Factors contributing to the available funds include: property tax revenue increase based on estimated new construction, sales tax revenue based on 5% increase over FY 2019 revised projection, fulfillment of Woodbridge Crossing Sales Tax Reimbursement, removal of all carry forwards and one-time expenses, and minimal increase from FY2019 base budget expenditures (inflationary costs absorbed). The projected estimated fund balance at September 30, 2019 is $1.6,039,787. Holsted displayed the property tax history from 2012-2019, reviewed the debt service expenditures from 2018-2030, and reviewed the new construction outlook. Holsted answered questions from the Council. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened the Council into Regular Session at 8:25 p.m. Mayor Hogue convened the Council into Executive Session at 8:29 p.m. EXECUTIVE SESSION 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. 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). 00 Discuss property located on 544 west of SH 78 oc Discussion regarding property generally located at Brown St. and SH 78 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Regular Session at 8:40 p.m. Minutes June 11,2019 Wylie City Council Page 9 ADJOURNMENT A motion was made by Councilman Duke, seconded by Councilwoman Arrington, to adjourn the meeting at 8:40 p.m. A vote was taken and the motion passed 7-0. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes June 1.1,2019 Wylie City Council Page 10 Wylie City Council oF 1 AGENDA REPORT Meeting Date: June 25, 2019 Item Number: B Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: June 11, 2019 Exhibits: 1 Subject Consider, and act upon, a vendor application for the Wylie ISD Council of PTA's "Back to the Future Back to School" event at Olde City Park on.August 24, 2019. Recommendation Motion to consider and act upon a vendor application for the Wylie ISD Council of PTA's "Back to the Future Back to School" event at Olde City Park on August 24, 2019. Discussion The Wylie ISD Council of PTA's will be hosting a PTA promotion and school year kick-off event at Olde City Park on August 24, 2019. The event organizers plan on selling food items and school spirit wear during their event, with part of the proceeds from the sales going back to supporting the local school PTA's. The organizers would be responsible for notifying the Collin County Environmental Services for food service/health permitting. This event was held at the park in previous years with no issues. The Parks and Recreation Board approved the vendor application at the June 10,2019 meeting. Page 1 of I PARKS AND RECREATION CITY OF' YLIF 300 Country Club Rd, Building 100,Wylie,TX 75098 Office: 972-516-6340/Fax 972-442-0758 Email: parks@wylietexas.gov VENDOR APPLICATION-Once approved by City Council, vendor has 7 days to finalize event with Parks&Recreation facility staff. Recommended timeline for submission is 2-3 months in advance of event. Please forward TYPED application to above address, email or fax Applicant Information Name of WY Organization: Primary Contact Person's Name: e ISD Council ,. .a� lie'SD of PTAs Dawn Martin .0000..... Organization's Phone Number: Primary Contact Person's Phone Number: Organization's Address: Primary Contact Person's Address: 951 S. Ballard Ave. Wylie TX 75098 Organization's Website/Email: Primary Contact Person's Email: http://ptawyliecouncil.com, programs@ptawyliecouncil.com Organization's Non-profit Exemption Number/501c3(if applicable): Alternate Contact Person's Name/Number/Email: EIN 20-0994900, Group#1889 Kim Cubbage Event Information Event Name/Title: Wylie ISD Council of PTAs Back the Future/Back to School Event Event Type(fundraiser,etc.): Purpose of Event: Community Engagement Promote the school/community relationship Event Location: Proposed Event Date: Alternative Date: Olde City Park rt Date—08/24/19 2nd Date- Anticipated Number of Participating Vendors: Start Time(incl.setup): End Time(incl.cleanup): 75 3:00pm L9:00pm Anticipated Event Attendance: Event Target Audience: 600 600 EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. This will be our fourth Back the Future event that we have held at Olde City Park. Each WISD campus will have its local PTA unit set up a booth. Spirit wear will be available for sale and PTA memberships will be promoted. Local businesses will be encouraged to set up booths to advertise.The event will include carnival games,food (Free burgers from In-N-Out), a pep rally and drum line competition. Mayor Hogue and Superintendent David Vinson will be invited to speak. NOTE: If food is prepared on-site or off-site and brought to the event location to be offered to the public,free or at a cost, the vendor applicant must contact the Collin County Environmental Services Office in McKinney in order to inquire whether a Temporary/Short-Term Event Food Service/Health Permit is required prior to the event. It is possible that a health inspector must examine food preparation and storage equipment to assure the health and safety of customers. Please contact Clayton Stewart,Environmental Services Specialist,at 1-972-548-5528 or 1-972-548-5585. The Collin County website is www.collincountytx.gov. Sec.78-105 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars, tobacco,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents of any person,or organization,firm or corporation,or employees of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city. Rev.8-10-17 Wylie City Council oF 1 AGENDA REPORT Meeting Date: June 25, 2019 Item Number: C Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: June 11, 2019 Exhibits: 1 Subject Consider, and act upon, a vendor application for the 1LT Robert F. Welch III Charity"Family Music in the Park" event at Olde City Park on July 26, 2019. Recommendation Motion to consider and act upon a vendor application for the 1LT Robert F. Welch III Charity"Family Music in the Park" event at Olde City Park on July 26, 2019. Discussion The 1LT Robert F. Welch III Charity would like to host a"Family Music in the Park" event at Olde City Park on July 26, 2019. This will be a free event open to the public featuring the sale concessions being sold by the Welch Charity. All proceeds will benefit the 1LT Robert F. Welch III Charity which supports local military service members, fireman, and police officers. The organizers would be responsible for notifying the Collin County Environmental Services for food service/health permitting. This is the first year of the event, but staff has worked with this group in the past with no issues or concerns. The Parks and Recreation Board approved the vendor application at the June 10,2019 meeting. Page 1 of 1 liti PARKS AND RECREATION CITY O ' YLIE 300 Country Club Rd, Building 100,Wylie,TX 75098 Office: 972-516-6340/Fax 972-442-0758 Email: parks@wylietexas.gov VENDOR APPLICATION-Once approved by City Council, vendor has 7 days to finalize event with Parks&Recreation facility staff. Recommended timeline for submission is 2-3 months in advance of event. Please forward TYPED application to above address, email or fax Applicant Information Name of Organization: Primary Contact Person's Name: 1L Robe Welch HI ��,I rt F. Charity Becky Welch Organization's Phone Number: Primary Contact Person's Phone Number: Organization's Address: Primary Contact Person's Address: Organization's Website/Email: Primary Contact Person's Email: www.1Itwelchrunforourheroes.org bwelch@lltwelchrunforourheroes.org Organization's Non-profit Exemption Number/501c3(if applicable): Alternate Contact Person's Name/Number/Email: 46-2234352 [Alicia Young a oun @lwelchrunforourheroes.or g Event Information Event Name/Title: Family Music Night in the Park Event Type(fundraiser,_etc.): Purpose of Event: n / y Night N Bringcommunity mP Fundraiser Famil N'g together and raise funds for the ,.,.. charity Event Location: .. . Proposed Event Date: Alternative Date: City Park 1st Date—Friday,July 26, 2nd Date- . .. .. .. .. .. .. .. .. .. .. 2019 Anticipated Number of Participating Vendors: Start Time(incl.setup): End Time(inci.cleanup): Less than 10 pm 5 m 10 p m mm _ _.. mm . Anticipated Event Attendance: Event Target Audience: 200 Families and Community Members EVENT DETAILS: Please list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. The 1LT Robert F.Welch III Charity is interested in hosting a family-friendly,free summer event for local citizens which will consist of two hours of live musical entertainment for their enjoyment.Our charity will be selling t-shirts at the event as well as running a concession booth and bake sale table(all will be individually prepackaged and ready to be sold)-all for donations. Donations will go to benefit the charity and our mission to support our local military servicemembers,firemen,and police officers.We will also have a bounce house for the kids and a Kona Ice truck and a food truck set up at our event for the public.We may have a couple other nonprofit organizations set up in the park during the event to set up displays and give out information.The goal of this event is to bring awareness to our charity's mission as well as bring the community together for a fun night of fellowship and music. NOTE: mm��mmmmmmmmmmmmmmmmmmmmm�� If food is prepared on-site or off-site and brought to the event location to be offered to the public,free or at a cost, the vendor applicant must contact the Collin County Environmental Services Office in McKinney in order to inquire whether a Temporary/Short-Term Event Food Service/Health Permit is required prior to the event. It is possible that a health inspector must examine food preparation and storage equipment to assure the health and safety of customers. Please contact Clayton Stewart,Environmental Services Specialist,at 1-972-548-5528 or 1-972-548-5585. The Collin County website is www.collincountytx.gov. Sec.78-105 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars, tobacco,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents of any person,or organization,firm or corporation,or employees of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the municipal parks or recreation or community center facilities of the city. Rev.8-10-17 Wylie CityCouncil Y AGENDA REPORT Meeting Date: June 25, 2019 Item Number: D Department: Purchasing (City Secretary's Use Only) Prepared By: Glenna Hayes Account Code: 100-5411-54210 Date Prepared: 6/13/2019 Exhibits: Subject Consider, and act upon,the award of bid#W2019-84-A for Concrete Maintenance& Repair(Various Locations) to GT Construction.Inc., in the estimated annual amount of$750,000.00, and authorizing the City Manager to execute any and all necessary documents. Recommendation A motion to award bid#W2019-84-A for Concrete Maintenance &Repair(Various Locations)to GT Construction Inc., in the estimated annual amount of $750,000.00, and authorizing the City Manager to execute any and all necessary documents. Discussion The Public Works Department(Streets Division)budgets each year for the removal and replacement of damaged streets, sidewalks, and access ramps. On May 8, 2019 the City issued a competitive sealed bid(on behalf of Wylie and the City of Murphy) for "Concrete Maintenance & Repair (Various Locations)" and received one (1) responsive bid. Staff reviewed the bid documents and has determined that the bidder is responsive. Staff recommends the award of bid#W2019-84-A to GT Construction Inc.,establishing an annual contract with renewals in the estimated annual amount of$750,000.00. Work completed during the current fiscal year will be in accordance with the approved budget. Page 1 of 1 Wylie City Council oF 1 AGENDA REPORT Meeting Date: June 25, 2019 Item Number: E Department: Public Works (City Secretary's Use Only) Prepared By: Tim Porter Account Code: Date Prepared: June 11, 2019 Exhibits: Subject Consider, and act upon, approval and final acceptance of the Newport Harbor Pump Station Improvements project and authorize final payment to Red River Construction. Company, Inc. in the amount of$41,004.09, and accept the project as complete. Recommendation Motion to approve final payment to Red River Construction Company, Inc. in the amount of$41,004.09 and accept the project as complete. Discussion On October 10, 2017, a construction contract was awarded to Red River Construction Company, Inc. in the amount of $910,000.00 (bid #W2017-78-B), including construction contingencies. Original contract award to Red River Construction Company, Inc. was $807,900.00. The following change orders were approved, increasing the contract amount to $820,081.76. -Change Order#1, approved May 18, 2018 for$2,052.73. -Change Order#2, approved July 31, 2018 for$4,754.30. -Change Order#3, approved November 5, 2018 for$2,374.73. -Change Order#4, approved January 2, 2019. for$3,000.00 All punch list items have been addressed by the contractor. The final contract amount after field changes and quantity adjustments is $820,081.76. The project was funded using Impact Fee and Utility CO bond funds. Page 1 of I Wylie City Council oF 1 AGENDA REPORT Meeting Date: June 25, 2019 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: June 17, 2019 Exhibits: Subject Consider, and act upon, Ordinance No. 2019-15 to amend Planned Development 2017-11, Section 5.5.f to set forth 20' front yard setbacks on lots 5-19, 39 and 40 of Block K of Woodbridge Phases 21 and 22, generally located southeast of the intersection of McCreary Road and Hensley Lane. ZC2019-07. Recommendation Motion to adopt Ordinance No. 2019-15 to amend Planned Development 2017-11, Section 5.5.f to set forth 20' front yard setbacks on lots 5-19, 39 and 40 of Block K of Woodbridge Phases 21 and 22, generally located southeast of the intersection of McCreary Road and Hensley Lane. ZC2019-07. Discussion Owner: Woodbridge North Commercial I LTD Applicant: Herzog Development,LLC Zoning Case 2019-07 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause,and an effective date. The subject ordinance allows for an amendment to PD 2017-11 to adjust the setbacks from 25' to 20' on lots 5-19, 39 and 40 of Block K of Woodbridge Phases 21 and 22. Exhibit A (Legal Description), Exhibit B (Amended Development Standards), and Exhibit C(Map of Affected Lots) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1 ORDINANCE NO. 2019-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2019-07, FROM PLANNED DEVELOPMENT (PD 2017-11) TO PLANNED DEVELOPMENT (PD 2019-15) TO ALLOW FOR RESIDENTIAL DEVELOPMENT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Commercial Corridor(CC), said property being described in Exhibit A (Legal Description) hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. Ordinance No. 2019-15 -Change the zoning on the hereinafter described property,Zoning Case Number 2019-07, from Planned Development(PD 2017-11)to Planned Development(PD 2019-15) SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 25t1 day of June, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: July 3,2019,in the Wylie News. Ordinance No. 2019-15 -Change the zoning on the hereinafter described property,Zoning Case Number 2019-07, from Planned Development(PD 2017-11)to Planned Development(PD 2019-15) LEGAL DESCRIPTION ZONING TRACT 2 53.716 ACRES BEING a tract of land situated in the W.M. SACHSE SURVEY, ABSTRACT NO. 835, City of Wylie, Collin County, Texas and being part of that tract of land described in Deed to Woodbridge North Commercial I, Ltd., as recorded in Volume 5971, Page 1125, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point for the common northwest corner of that tract of land described in Deed to Woodbridge North I, Ltd., as recorded in Volume 5579, Page 1102, Deed Records, Collin County, Texas and an exterior ell corner of said Woodbridge North Commercial I, Ltd. tract; THENCE South 00 degrees 22 minutes 07 seconds East, a distance of 653.27 feet to a point for corner; THENCE South 88 degrees 05 minutes 57 seconds West, a distance of 2,196.55 feet to a point for corner; THENCE North 43 degrees 24 minutes 46 seconds West, a distance of 341.96 feet to a point for corner; THENCE North 01 degrees 56 minutes 58 seconds West, a distance of 369.04 feet to a point for corner at the beginning of a curve to the left having a central angle of 25 degrees 12 minutes 14 seconds, a radius of 910.00 feet and a chord bearing and distance of North 12 degrees 33 minutes 07 seconds West, 397.08 feet; THENCE Northerly, with said curve to the left, an arc distance of 400.30 feet to a point for corner; THENCE North 89 degrees 50 minutes 27 seconds East, a distance of 2,463.14 feet to a point for corner; THENCE South 00 degrees 22 minutes 13 seconds East, a distance of 286.28 feet to a point for corner; THENCE North 89 degrees 17 minutes 59 seconds East, a distance of 60.02 feet to the POINT OF BEGINNING and containing 53.716 acres of land, more or less. 15037DESC-ZONING-TR2-53.716AC.doc Page 1 of 1 Amendment To Exhibit "B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (Zoning Case 2019-07) 1.1 Purpose: The purpose defined in Planned Development(PD) 2006-01 is amended to include the development of single family residential as further defined below. 1.2 Zoning Classifications: Tract 2 may be developed in accordance with the standards defined in Retirement Housing District (RH), Corridor Commercial District (CC), Business Center(BC), R-8.4 Single Family and R-7.0 Single Family. 4.4 Street Requirements: The street shown on Exhibit C Concept Plan attached hereto as an East/West Collector(Hensley Lane) between McCreary Road and Springwell shall be developed with a sixty-five(65) foot right-of-way and a pavement width of 39 feet back to back of curb. 4.5 Secondary Collector and Collector Landscaping Requirements: Parkway tree plantings along the East/West Collector between McCreary Road and Springwell will be informal in appearance. Landscape plans for parkway tree plantings will be submitted to the Parks Department for approval. 4.6 Secondary Collector and Collector Sidewalk Requirements: In order to provide for a meandering trail on one side of the East/West Collector Street having a minimum width of eight(8) feet, the pavement will be allowed to be offset to one side a minimum of five (5) feet. This is in lieu of sidewalks being required on both sides of the East/West Collector Street,however four(4) foot wide sidewalks will be constructed on both sides of the divided entry at McCreary Road from McCreary Road to the first intersection east of McCreary Road. 5.0 PLANNED DEVELOPMENT—SINGLE FAMILY RESIDENTIAL 5.1 General Description: The residential development within this Planned Development District is intended to accommodate two single family residential uses. The residential units will be comprised of R-8.4 Single Family and R-7.0 Single Family. Development standards for each of the aforementioned housing types are outlined within these planned development standards. 5.2 Permitted Uses: a. Residential units as described herein. b. Private or public recreation facilities outdoor only. c. Utility distribution lines and facilities. 1 d. Parks, linear greenbelt areas, trails and walkways, playgrounds and neighborhood recreation facilities including swimming pools. e. Real estate sales offices and model homes during the development and marketing of the residential areas to remain open until the last home is sold and a certificate of occupancy is issued. f. Electronic security facilities including control counter. g. Directional signs pertaining to the development. h. Temporary buildings, advertising signs, and uses incidental to construction work on the premises, which shall be removed upon completion of the last home in the subdivision. i. Concrete batch plant, temporary during construction when approved by the TCEQ and permitted by code enforcement for the paving of streets,park trails and sidewalks within each phase of this subdivision. 5.3 Garage, Parking and Driveway Requirements: Garage,parking and driveway requirements for single family development areas shall be as follows: a. Homes constructed on R-8.4 Lots may have a two (2) car swing entry garage. A third single car garage door may face the street as long as there is a thirty(30) foot setback from the front of the garage door to the front property line. b. No parking space, garage or other automobile storage space or structure shall be used for storage of any commercial vehicle with the exception that a recreation vehicle, travel trailer, boat or similar personal vehicle may be stored off-street and behind the front building line by the owner or occupant of the residential premises behind a screening fence. The screening fence shall be constructed of wood or masonry and shall be a minimum of six(6)foot in height and be in accordance with applicable city ordinances. c. No driveway entrances shall be allowed to be constructed on the side or rear lot line adjacent to any secondary collector or collector. 5.4 Building Materials: All single family residential units shall have a minimum of one- hundred(100)percent of the exterior facade composed of kiln-fired clay brick or stone laid masonry units or masonry stucco, with twenty(20)percent stone or decorative brick accent, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two (2)feet from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. 2 The Building Official may grant exceptions to the above minimum standards for new construction when the material and installation are approved by the Building Official as having the same demonstrated durability as masonry and when one or more of the following conditions are met: (1) When other materials are required to blend with historic architecture of the house. (2) When the construction is new infill construction and more than sixty percent(60%) of the existing residential structures along both sides of the street and between the two nearest intersection streets of the proposed location do not meet the above minimum standards, new construction may be permitted which is demonstrated to be equal in durability to that used in the majority of existing structures. (3) When a special architectural style for a specific location of individual residence or subdivision of residences is approved by the Planning and Zoning Commission and the Building Official determines that the material will have the same durability as masonry. 5.5 R-8.4 Single Family: R-8.4 Single Family units are a form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building exclusive of garages, breezeways and porticos is as follows: At least 25% of the dwellings 3,000 square feet At least 50% of the dwellings 2,600 square feet Remaining 25% of the dwellings 2,200 square feet b. Lot Area: The minimum area of any lot shall be eight thousand four hundred (8,400) square feet. c. Lot Coverage: In no case shall more than fifty-five (55) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be seventy(70) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of sixty (60) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten(110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen(15) 3 feet. Lots 5-19, 39 and 40 of Block K(17 lots maximum) shall have a minimum front yard depth of twenty(20) feet. g. Side Yard: The minimum side yard on each side of the lot shall be five (5) feet. A side yard adjacent to a street shall be a minimum of ten(10) feet. h. Rear Yard: The minimum depth of the rear yard shall be ten(10)feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(2 '/2) stories, or thirty-five (35) feet. j. The R-8.4 Single Family lots are to be developed in a minimum of two (2)phases. k. The maximum number of R-8.4 units shall not exceed 147. 5.6 R-7.0 Single Family: R-7.0 Single Family units are another form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building exclusive of garages, breezeways and porticos is as follows: At least 25% of the dwellings 2,800 square feet At least 50% of the dwellings 2,400 square feet Remaining 25% of the dwellings 2,000 square feet b. Lot Area: The minimum area of any lot shall be seven thousand(7,000) square feet. c. Lot Coverage: In no case shall more than fifty-five (55)percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks,patios, driveways,walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be sixty(60) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty(50) feet at the building line;provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten(110)feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of one hundred (100)feet;provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet. g. Side Yard: The minimum side yard on each side of the lot shall be five (5) feet. A side yard adjacent to a street shall be a minimum of ten(10) feet. 4 h. Rear Yard: The minimum depth of the rear yard shall be ten(10)feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(2 V2) stories, or thirty-five (35) feet. j. The 7.0 Single Family lots are to be developed in a minimum of two (2)phases. k. The maximum number of R-7.0 units shall not exceed 221. 5.7 Special Conditions: a. Maximum number of residential units not to exceed 368 lots. b. Key lots are defined as a corner lot which is backing up to an abutting side yard. c. Three-tab roofing shall not be permitted. d. No alleys shall be required within the Planned Development. e. Lots which back or side onto the North Texas Municipal Water District easement, the Oncor Electric Delivery Company and the Amenity Center property shall provide a wrought iron fence as shown on the attached Woodbridge Wrought Iron Fence Design to be installed by the homebuilder. The R-8.4 lots adjacent to the south property line which back onto the North Texas Municipal Water District property will have wood fences f. Drainage & floodway easement and public hike &bike trails shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. g. The Amenity Center will be constructed prior to the issuance of a CO for any single family home in Phase I. Further park improvements will be completed in phases and prior to the issuance of any CO as shown on the Exhibit C Concept Plan, the Woodbridge North Park Fee Calculation and the Woodbridge North Park &Trail Cost Projection and Development Schedule. Any remaining parkland fees due in lieu of improvements will be paid to the City prior to the issuance of any CO in Phase IV. h. Lots that back up to Hensley and Springwell will have a six (6) foot masonry screening wall constructed with the same design and materials as the masonry screening walls in Woodbridge. 5 Li 11 36 3/ 38 r I 1 22527 4 555oe. 22504 1 ' . ao al . 43 94 45 04 , . i I h l 1,1 ' 26 25 24 1 h 1 , II 1 1 ''' 1324--h3'02 22'9 2428 222L7 2' 22 22 29 23 2° 36 I '. 5 al I ,I I I 1 I I 6 I aa I 5 I 10 " 1I 2 I Ell 2' -I M CD , . _01 12 ' 8 9 10 11 12 13 14 15 16 13 18 10 , EXCHANGE STREET 60 29 — 1 I 2 16 17 18 19 50 5 I 1 2 3 4 5 6 7 S 5 40 , 4‘ I I a 5 6 5 8TI 1 I 1 2 3 a 5 6 7 __„______-._-____ ______i_r_-- _, ,_ --- ___a.__.4 4 ) ,_ _ - ,,,, 1 2 24 2 1 i2 _13: 22 4 2-55---'----- 21 a 22 15 Mill 22 22 --- ., J ---_ _- — - 1 _'- , -_ ' -- 20 50 31 32 33 30 35 36 3 5 38 39 40 01 42 43 41 05.47 48. 5\ Ill. OVERALL LAYOUT SETBACK REVISION J. VOLK consulting 830 Central Parkway East Smte 300 , WOODBRIDGE PHASE 21A & 22A Plano Texas 75074 972 201 3100 Texas Reg,stration No F 11962 Wylie City Council oF 1 AGENDA REPORT Meeting Date: June 25, 2019 Item Number: G Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: June 17, 2019 Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2019-16 to change of zoning from Agricultural (AG/30) to Commercial Corridor, property located at 2455 Country Club Road(Tract 2 William Patterson Survey). ZC 2019-08. Recommendation Motion to adopt Ordinance No. 2019-16 to change of zoning from Agricultural (AG/30) to Commercial Corridor, property located at 2455 Country Club Road(Tract 2 William Patterson Survey). ZC 2019-08. Discussion Owner: Bata Family Limited Partnership Applicant: Amin Bata Zoning Case 2019-08 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause,and an effective date. The subject ordinance allows for the rezoning a 0.9-acre property located at 2455 Country Club Road from AG/30 (Agricultural)to CC (Commercial Corridor). Exhibit A(Legal Description) is included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1 ORDINANCE NO. 2019-16 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2019-08, FROM AGRICULTURAL (AG/30) TO COMMERCIAL CORRIDOR (CC) TO ALLOW FOR COMMERCIAL DEVELOPMENT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Commercial Corridor(CC), said property being described in Exhibit A (Legal Description) hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. Ordinance No. 2019-16-Change the zoning on the hereinafter described property,Zoning Case Number 2019-08, from Agricultural(AG/30)to Commercial Corridor(CC)to allow for commercial development SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 25t1 day of June, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: July 3,2019,in the Wylie News Ordinance No. 2019-16-Change the zoning on the hereinafter described property,Zoning Case Number 2019-08, from Agricultural(AG/30)to Commercial Corridor(CC)to allow for commercial development ZONING USE PROPOSED � = --- CC CORRIDOR 6`� � �wn�RRm � 50' ` cr LEGAL DESCRIPTION ' BEING SITUATED|N THE vv|LuAmPATTERGON SURVEY,ABSTRACT NO.r10 COLUN COUNTY,TEXAS AND BEING THE SAME PROPERTY CONVEYED TO BATA FAMILY LIMITED PARTNERSHIP BY DEED RECORDED IN INSTRUMENT 241 fire lane NO.2o1aouxuuu11o1uou.OFFICIAL PUBLIC RECORDS,COLuwCOUNTY, TEXAS AND BEING MORE FULLY DESCRIBED AGFOLLOWS: BEGINNING xrxu/o^|Row ROD SET om THE WEST LINE oFF.M. 1s7a AND xT THE SOUTHEAST CORNER OFx TRACT OF LAND CONVEQEDTO BOBBY vV. M|TCHELLBY DEED RECORDED|N VOLUME 58n PxGe503 DEED RECORDS, COLL|N COUNTY,TEXAS; nument THENCE SO1^2D'24''E WITH THE WEST LINE OFSAID F.M. 1378.2OS.9n'TOA Sion SILVER CAP MONUMENT FOUND FOR CORNER; THENCE S89^13'45''VV GENERALLY WITH AFENCE, 190.48'TOA5/8^IRON PIPE 41. FOUND ON THE EAST LINE OFA TRACT 0F RECORDS,C0LL|NCOUNTY, TEXAS; THENCE NO1~08'18^VV WITH SAID VVEBB TRACT,2O8.34'TOA3/8^IRON ROD SET AT THE SOUTHWEST CORNER OF SAID M|TCHELLTRACT; � �u THENCE N88'44'48^E. 18923'TO THE PLACE 0F BEGINNING AND CONTAINING � CD C� 0.8 ACRES 0F LAND, MORE ORLESS. 101 _4 GO 3F A,�. ".% FOR 241 fire lane � � � PRELIMINARY E m =- zOw|wG PARKING l� �� '> ""= Q ft Q ' '. � �1 � � modca Qm� 1 nn,�5Vsn ' P��mm�oT/��mP�ov'��o ZmPAmmw�oTALLa ~- � _J - | | | S. �y Cleaning mLaundr� Dmp�ffmSe�Sem�e 1 per 35Vmnft �� 7000/2=3500@1 PER 3n0= 1O PARKING STALLS 05-15,2019 7000/2~3500@1 PER 4OU~ U8 PARKING STALLS 13.General Merchandise Store 1 per 4OVsnft PARKING STALLS REQUIRED 1e PARKING STALLS S P-02 ~ USE RATIO 5.Medical Clinic 1 per 3oUsq ft cr 1a.General Merchandise Store 1 per*oosqn ~� � |1�NORTH -- ------- MY �� 2455 Country Club Road, Wylie _-X 75098 80 CHIT[CTU0 E o1sw 8mnu�� a�xam`� rx 7n1ss K�� N. ' --~�---�'- ----~~' 1.4x .65&o09r Wylie City Council oF 1 AGENDA REPORT Meeting Date: June 25, 2019 Item Number: H Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: June 17, 2019 Exhibits: 1 Subject Consider, and act upon, a Final Plat for Birmingham Place Phase 5 Lots 1 and 2, Block A to establish two commercial lots on 5.251 acres located on the northeast corner of Park Blvd and FM 1378. Recommendation Motion to approve a Final Plat for Birmingham Place Phase 5 Lots 1 and 2, Block A to establish two commercial lots on. 5.251 acres located on the northeast corner of Park Blvd and FM 1378. Discussion OWNER: Birmingham Land Ltd APPLICANT: Triangle Engineering The 5.21-acre tract is located on the northeast corner of Park Blvd and FM 1378, and is zoned neighborhood services. A final plat for this site was approved on July 2002, but never filed. This final plat creates two commercial lots. At this point there are no proposed plans for the development of Lot 1. Lot 2 is proposed to contain a day-care center and a site plan was approved by the Planning and Zoning Commission on June 4,2019. The plat dedicates the necessary fire lane, access, and utility easements. A 10' wide maintenance easement is also dedicated on the plat as a living screen barrier is proposed to be planted adjacent to Dodd Park. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. P&Z Commission Discussion The Commission voted 7-0 to recommend approval. Page 1 of 1 LOCK IQ W BLOCK n BGHAMF LOTS CW m l BLOCKS y BIRMINGHAM FARMS r BIRMINGHAM FARMS—' at BIRMINGHAM FARMS J 3 + aeMF,+r.ADDITION,PHASE '0" q ae,+. OIjfN ADDITION,PHASES OWNERS CERTIFICATE OWNER'S DEDICATION iK F O ZONE PD PaGccl: ¢> Jnncrr s'uAssw`u.,CAB Q,PG 534 -'c°' mQR T CAB O,PG 534, LOTS Z�+ ADDITION PHASE4 IL! Q g0 CAP RCCT� oc 1 P.R.FCT .'xn E'� 1 Y c PRCCT z O i m I a Eensm Q STATE,TEXAS N c LOT S —I CQ LOT I LOT 14nL Z Ivac-r.O PG °LOT 1 LUY �e NOW THEREFORE KNOW BY THESE S. fNAA Il ZONEPD r� I ZONE PD 0WHEREAS Kele,Group.22 L,the.,01,owner of a tract of:and located in the C. N 09°31'40"E 200.00' 1 L,'-, MCULMURRY SURVEY,Abstract No,622 0,ATTERBURY SURVEY.Abstract No 22,2ty 1 .`..s.o°N,.a° 105.00' I '`' SELMA LANEof Wylie,Collin County,Texas,i2tl being the same tract 2 la.21.12.2 5,21 That Ke/es Grail,Inc,acting herein by a.through its dufy GGODDAR.0 AT WYLIE hereby ..s„ . Zp ro Inc.,unfY,Texa na ne,9 more i"ty. 22 scut I 50'R_O W-TO THE CITY OF WYLIE,AS o particularly described as follows. - Lmpnovements shown V _.. ._ —, 1 SHOWN ON PLAT,CAB.O,PG.534, ZONE SF JIvan.).width ngm°r way,at the Northwest comer of.a tractof 2.described in deed to Wylie Independent School . OT9indicated.thrs plat No WIdng2 fences,trees,shrt2s.or other improvements or growth,- s,said shall be COnStructed or placed upon,over or arsoss t1.2 easemOntS aS shown,except that ,w 0enx,. 2 being cordedto erhesa3Ee39.Page line, fA,eNor arkBo mom, landscape improvements may be placed m landscape easements,if approved 1,,,,n.C,,Y A ry BLOCK / easement limIts the use to particular u0lites,said use by public uttliles be,220rdfrole to BIRMINGHAM FARMS, PHASE 3A, Them...00'26.20.W.1,along saki East line,a distance of 845 82 to an"X"set for Thence North 9921.40.RARE a dmance 2200.02 to an"X",et for comer in the South line use and accommodation of 2102312 utElities desiring to use or using the same unless the the public's and City of Wylie,,550 thereat CAB.N,SLIDE 908, seor part,of any buildings.fences,trees,sIvubs or other improvements or gro.hs whtch maY of A122012 Drive.a 50'right-of-way.and being the Noh,,,rest comer of Selma Lane,a 50' re8pective syStems in said easements.The City 2 Wylie and public utility entities shall at all ]�i P.R.c.C.r. 4,an additiOn to the City.2 Wylie,Collin County,Texas,accontng 2 the plat thereof in any way endanger or interfem vath the construction,maintenance,or efficiency of their °E -- LOF1 on sad a+Fa ins Pnerea ,line N Park n aon as mown eAo° gp. .so fin Uwe- respective systems without the any m adding 2 or removing all or parts of their crecorded m CaNnet O.Page 24.Plat Records,Collin County,Texas, times have the full nght of ingress a.egress to or frOM their respective easements for the -IA-TIV Uc, 1 t.-- Thence South 0027'32.East,a distance 0,7232 to a 122ron rod with a yellow plastic cap ss2,e, O W n raam NO, Hutt unr. Thenced WITNESS MY HAND A E,TE.S.THIS DAY OF 20 fou.at the Southwest corner of said Park Area Dedication; = LOT 110292122 Xe A.,c o, Inc. GRAPHICr in the West line 2 a tract of land described in deed NCH 5a FED 3 ZONE SF School Distnct. core g otrlS P oFnirnTbN s PARK AREA DEDICATION Collin Coito Wylie n Texan BIRMINGHAM FARMS,PHASE 3A, ,200.02,o a,2 iron rod CAB.N,SLIDE 905, wits yellow n esoc cap stamped HPLB 5310 set for comer, ,rew P.R.C.C.T T.. FL-�� eHen,,. 'e PLAGEHF BE.1Z=ndtnnN B e,T23 sE:are'ettor.=resCOUNT Y OF COLLIN ZONE A/30 `J' STAtE OF TEXAS ZONE NS KNOWN TO ME TO BE THE PERSON WHOSE NAME 2 SUBSCRIBED TO THE ' Q SURVEYOR'S CERTIFICATE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND UNDER Cr e KELES GROUP,INC. STATE OF TEXAS OATH STATED THE STATEMENTS GIVEN UNDER MY HAND AND SEAL OF OFFICE THE HING INSTRUMENT ARE TRUE. � cOUNTYOFOALLAs THIS DAYOF 20 mu m INST.N0.20190124000072190, 3OHN s.TURNER.A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE Q' $ O.P.R.C.0 T. OF TEXAS DO HEREBY CERTIFY THAT THE SUED V SON PLAT SHOWN HEREON ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A NOTARY PUBLIC FOR THE STATE oaTEXAS V,,''I 6 suRvIv DADE ON THE GROUND,UNDER MY DIRECTION AND SUPERVISION,AND 2 CAP STAMPEE2RPLS 212 WILL BE SET AT SUBDIVISION BOUNDARY CORNERS, MY COMMISSION EXPIRES: 12. BLOCK CORNERS.AND POINTS OF CURVE ALONG DEDICATED RIGHTS OF WAY,X CUTS WILL BE SET AT CENTERLINE INTERSECTIONS.THE MONUM CC o n SET OR FOUND,ARE SUFFICIENT TO ENABLE RErRACEMENT. ENrs OR MARKS CERTIFICATE OF APPROVAL LOT1,BLOCKA a e 2 LOT 1 DATED RECOMMENDED FOR APPROVAL WYLIE UNITED Z o z BLOCK A 22 METHODIST CHURCH 6 O.FT OR N CAB.R,PG.213, Q-' an ACRES(GRO I o THIS N H RECORDED FOR ANY PURPOSE CITY OF wvuE TEXAS oNlNc coMM,CSION 1 PRELIMINARY,RELEASED FOR REVIEW PURPOSES ONLY. Cf AIRMAN,PLANNING a z 0 s. IS DOCUMENT Au.NOT BE P.R.C.C.T. 3 ABD.FT OR U ,58 PA PATTER SSON SURVEY J WILLIAM . 22,r,s.BREW R.P L 5 532 TTER Registered Professional Land Surveyor DATE ABSTRACT NO.716 STATE OF TEXAS "APPROVED FOR CONSTRUCTION' COUNTY OF DAMS DETAIL"A" BEFORE ME,THE UNDERSIGNED AUTHORITY.A NOTARY PUBLIC IN AND FOR THE ZONE SF STATE OF TEXAS,ON THIS DATE PERSONALLY APPEARED JOHNS.TURNER, MAYOR,CITY OF WYLIE,TEXAS —�'° WYLIE INDEPENDENT SCHOOL KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOF2GOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE EXECUTEDTHE DATE DISTRICT LPu NSD ftE NExPNESSED VOL.4139,PG.2739, rvrH INSTRUMENT tl D R C C.T. ARE TRUE ACCEPTED Ee Er GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS v N80°31'40"E 299.71' MAYOR.CITY OF WYLIE,TEXAS 3 2,2 _...... ._ ._...._ DATE 4,o reu,�uc NOTARY PUBLIC FOR STATE of TEXAS 'r v Or WYLIE,TEXAS, Em 0o MvwMM ss oNr HEREBY CERTIFIES THAT THE FOREGOING FINAL PLAT OF TORRES ADDITION, g' ZONE NS p„..1,2. c ........... v w.1 LOT 2 ,.,r.,E". . COUNCIL,BY FORMAL ACTION,THEN AND THERE ACCEPTED THE DEDICATION OF M= ,, BLOCKA 2 -r.STREET.ALLEYS,PARKS,EASEMENT.PUBLIC PLACES,AND WATER AND COUNCIL FURTHER AUTHORIZED 2,2 MAYOR To NOTE.THE H-"'p� 60,000 SO FT OR J iz THEREOF BY SIGNING HIS NAME AS HEREIN SUBSCRIBED. ACCEPTANCE 1.3TTACRES W c ao ° . N n N WITNESSED MY HAND / 0�° 1 TEXAS 1 a Rv N 144.35' S .... r MCMILLEN ROAD R� a., 210.RGHT-0FWAY, ETr 30000I "" 589°31'40"W 499.35' `�snay° WYLIE OOLD INDEPENDENT PARK BOULEVARD ° VOL.4139,PG.2739,D.R.D.0 T. cM' ISEICE SURVEYOR'S NOTES ZONE NSMECIIIIIIIMISISSI IMINEICIEZEISIII BIRMINGHAM LAND LTD. < e3 t20,si) CC-NO.94.0029EI5, �.BASIS OF BE STATE PLANE MIEMEISIBEMIE USING.CITY MONUMENTS INAL PLAT D.RccT A&W SURVEYORS,INC.N 2SELLINGAP _ Pro fissional9 tSurveyors A DBOUN S BEING AND BOUNDS s.zs,ACRES or LAND wosoLo LAWS UTILITIES AND BUILDING IS SUBJECT TO FINES AND AB ABBREVIATIONS : �� = � N+, BIRMINGHAM PLACE PHASE 5 P ° LOTS I AND 2,BLOC K A 3.aa.CORNERS ARE D WITH A,n . -PROPERTY ADDRESS, y Tx Tsose- PG. PAGE IRON ROD CAPPED "RPLS 2.12 UNLESS �a ' AN ADDITION TO THE CITY OF WYLIE, D.R C C.T. DEED RECORDS,OTHERWISE SPECIFIEDN COUNTY,TEXAScan DLL N GOUN TEXAS TEXAS , THE PURPOSE OF THIS PLAT IS TO DEVELOP MEM APED HTS oM A HT HF.AND ,'An e A C A,TERBDRY SURVEY C.MCULMURRY ,ABSTRACT NO 22 N YCLERK'SNHMBER „e,, \ oP:RceT_ OFFICIAL PUBLIC RECORDS,coL rvcouNrv.TEXAS ,< .z �"FE L, ,°n+se�,�v: professional company perm v best interest' l Wylie City Council oF I - AGENDA REPORT Meeting Date: June 25, 2019 Item Number: (City Secretary's Use Only) Department: Finance Prepared By: Finance Account Code: Revenue and Expenditure Date Prepared: June 19, 2019 Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for May 31, 2019. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for May 31, 2019. 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 May 31, 2019 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 66.67% ACCOUNT DESCRIPTION 2018-2019 2018-2019 2018-2019 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 29,665,403 763,352 27,327,390 92.12% A FRANCHISE FEES 2,689,000 250,906 1,167,256 43.41% B LICENSES AND PERMITS 1,061,000 97,216 728,312 68.64% INTERGOVERNMENTAL REV. 1,252,972 26,099 848,044 67.68% SERVICE FEES 3,543,800 305,602 2,095,427 59.13% C FINES AND FORFEITURES 507,500 21,257 209,911 41.36% D INTEREST INCOME 50,000 20,638 143,342 286.68% E MISCELLANEOUS INCOME 202,403 45,162 114,504 56.57% OTHER FINANCING SOURCES 2,273,616 0 2,273,616 100.00% REVENUES 41,245,694 1,530,232 34,907,802 84.63% USE OF FUND BALANCE 1,355,452 NA NA NA F USE OF CARRY-FORWARD FUNDS 162,366 NA NA NA TOTAL REVENUES 42,763,512 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 91,874 5,082 47,847 52.08% CITY MANAGER 1,215,304 220,608 765,307 62.97% CITY SECRETARY 364,876 25,156 180,495 49.47% CITY ATTORNEY 155,000 23,494 70,169 45.27% FINANCE 1,182,755 115,670 762,281 64.45% FACILITIES 899,037 42,509 423,082 47.06% MUNICIPAL COURT 569,308 36,291 286,435 50.31% HUMAN RESOURCES 606,824 45,967 375,015 61.80% PURCHASING 186,699 13,600 112,063 60.02% INFORMATION TECHNOLOGY 1,424,692 156,827 916,096 64.30% POLICE 9,875,412 831,794 6,192,115 62.70% FIRE 9,692,270 617,676 5,210,218 53.76% EMERGENCY COMMUNICATIONS 1,763,084 119,267 1,018,640 57.78% ANIMAL CONTROL 586,131 42,552 348,112 59.39% PLANNING 543,605 36,918 369,629 68.00% G BUILDING INSPECTION 577,821 44,945 353,932 61.25% CODE ENFORCEMENT 238,755 16,116 129,120 54.08% STREETS 3,420,957 148,319 1,249,256 36.52% H PARKS 2,660,933 221,884 1,456,360 54.73% LIBRARY 2,101,682 148,435 1,262,658 60.08% COMBINED SERVICES 4,470,958 560,662 2,800,078 62.63% TOTAL EXPENDITURES 42,627,977 3,473,772 24,328,908 57.07% REVENUES OVER/(UNDER) EXPENDITURES 135,535 -1,943,540 10,578,894 27.56% A. Property Tax Collections for FY18-19 as of May 31, 2019 are 99.83%, in comparison to FY17-18 for the same time period of 99.40%. Sales tax is on a 2 month lag and has increased 17%from May 2018 YTD. B. Franchise Fees: The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C. Service Fees: Trash fees billed in October are applicable towards FY 2017-18 revenue with the remaining fees coming from other seasonal fees. YTD actual trash consists of seven months of income. Development Fees are down 69%from May 2018 YTD due to timing of when fees are paid by developers. This will even out throughout the year. D. Fines and Forfeitures: FY18-19 budget was decreased. Actual revenues are down 35% compared to this time last year. E. Interest rates have been gradually increasing; however went down slightly in May. May 2018 was 1.72% compared to May 2019 at 2.41%. F. Use of Fund Balance: $1,300,000 for Fire Station#2 remodel construction and $55,452 budget amendment for architectural and design costs associated with the Fire Station#2 remodel that were not carried-forward from last year. G. Due to mid year reorganization, this will even out over the rest of the year. H. $1 million encumbrance for street overlay projects. CITY OF WYLIE MONTHLY FINANCIAL REPORT May 31, 2019 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 66.67% ACCOUNT DESCRIPTION 2018-2019 2018-2019 2018-2019 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 19,073,340 1,737,599 10,647,957 55.83% 1 INTEREST INCOME 27,500 6,519 49,546 180.17% MISCELLANEOUS INCOME 30,000 374,027 383,897 1279.66% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 19,130,840 2,118,145 11,081,400 57.92% USE OF FUND BALANCE 1,506,050 NA NA NA J USE OF CARRY-FORWARD FUNDS 409,790 NA NA NA TOTAL REVENUES 21,046,680 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 961,425 53,711 522,427 54.34% UTILITIES -WATER 3,377,078 135,989 1,118,572 33.12% K UTILITIES - SEWER 1,481,277 64,237 889,104 60.02% UTILITY BILLING 558,981 35,613 318,066 56.90% COMBINED SERVICES 14,585,170 880,452 10,274,558 70.45% L TOTAL EXPENDITURES 20,963,931 1,170,002 13,122,727 J 62.60% REVENUES OVER/(UNDER) EXPENDITURES 82,749 948,143 -2,041,327 -4.67% I. Most Utility Fund Revenue billed in October was applicable to FY 2017-18. YTD consists of seven months of income. J. Use of Fund Balance: For Replacement/New Fleet& Equipment. K. $910K for engineering design of three water line projects not spent as of May. Wylie City Council oF 1 AGENDA REPORT Meeting Date: June 25, 2019 Item Number: J Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: June 19, 2019 Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for May 31, 2019. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for May 31, 2019. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 2018-2019 Investment Report May 31, 2019 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 $15,138,911.63 MMA 2.4058% Texpool 12/31/2006 NA 2 $15,685,009.95 MMA 2.4048% TexStar 3/15/2011 NA $30,823,921.58 Total Weighted Average Coupon: 2.4053% Money Markets: $30,823,921.58 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $30,823,921.58 Weighted Average Coupon 3.0000% 2.5000% 2.0000% 1.5000% 1.0000% 0.5000% 0.0000% May 2018 Jun 2018 Jul 2018 Aug 2018 Sep 2018 Oct 2018 Nov 2018 Dec 2018 Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Wylie City Council 0F AGENDA REPORT Meeting Date: 6-25-19 Item Number: Department: WEDC (City Secretaty's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: June 19, 2019 Exhibits: 1 Subject Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of May 31,2019. Recommendation Motion to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of May 31, 2019. Discussion The Wylie Economic Development Corporation(WEDC) Board of Directors approved the attached financials on June 19, 2019. Page 1 of I Wylie Economic Development Corporation Statement cf Net Position Asof May 31'2U19 Assets Cash and cash equivalents $ 519'364.93 Receivables $ 140'000.00 Note Inventories $ 11'519'352.18 Prepaid Items $ Total Assets $ 12,17Q'7l7.1l ' = Deferred Outflows of Resources Pensions $ 101,121.55 Total deferred outflows mfresources $ 101'121.55 Liabilities Accounts Payable and other current liabilities $ 7'753l8 Unearned Revenue $ 79'200.00 Note Non current liabilities: Due within one year $ 125,59487 Note Due in more than one year $ �G'177,U78.09 Note - Total Liabilities $ 6'389,626.14 Deferred Inflows ofResources Pensions ^$ (30'407.41)_ Total deferred inflows ofresources $ (30,407.41)` Net Position Net investment in capital assets $ ~` Unrestricted $ 5'920,619.93 Total Net Position $ s'920'6l9.9] Nnte2: Includes incentives in the/hnnofforgivab bmnsƒbr$240,000 Note2: Excoomnrtization;deposits from rental property Note2: Liabilities due within one year includes compensated absences of$14'237 Note4: Includes$3,436,51153 draw-down of the approved$4,50IDOp/oonfrnm American National Bank usof May 31'JD19 6-14-2019 10:08 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: MAY 31ST, 2019 111-WYLIE ECONOMIC BEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 517,364.93 1000-10115 CASH - WEDC - INWOOD 0.00 1000-10135 ESCROW 0.00 1000-10180 DEPOSITS 2,000.00 1000-10198 OTHER - MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0,00 1000-12810 LEASE PAYMENTS RECEIVABLE 0.00 1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 1000-12996 LOAN RECEIVABLE 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - FORGIVEABLE LOANS 140,000.00 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND & BUILDINGS 11,519,352.18 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED OUTFLOWS 517,988,87 ----- 12,756,705.98 TOTAL ASSETS 12,756,705.98 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 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 2000-20116 HEALTH INSUR PAY-EMPLOYEE 0.56 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20127 EMP, LEGAL SERVICES PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 2,458.28 2000-20131 EDWARD JONES DEFERRED COMP 0.00 2000-20132 EMP CARE FLITE 12.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 48.00 2000-20199 MISC PAYROLL PAYABLE 0.00 6-14-2019 10:08 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: MAY 31ST, 2019 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20201 AP PENDING 5,234.34 2000-20210 ACCOUNTS PAYABLE 0,00 2000-20530 PROPERTY TAXES PAYABLE 0,00 2000-20540 NOTES PAYABLE 577,988.87 2000-20810 DUE TO GENERAL FUND 0,00 2000-22270 DEFERRED INFLOW 78,000,00 2000-22275 DEF INFLOW - LEASE PRINCIPAL 0.00 2000-22280 DEFERRED INFLOW - LEASE INT 0.00 2000-22915 RENTAL DEPOSITS 1,200„00 TOTAL LIABILITIES 664,942.05 EQUITY 3000-34110 FUND BALANCE - RESERVED 0,00 3000-34590 FUND BALANCE-UNRESERV/UNDESIO 9,729,021.76 TOTAL BEGINNING EQUITY 9,729,021.76 TOTAL REVENUE 4,897,421.18 TOTAL EXPENSES 2,534,679.01 REVENUE OVER/(UNDER) EXPENSES 2,362,742.17 TOTAL EQUITY & OVER/(UNDER) 12,091,763.93 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 12,756,705.98 6-14-2019 10:08 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: MAY 31ST, 2019 922-GEN LONG TERM DEBT (WEDC) ACCOUNT) TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEDC 0.00 1000-18120 LOAN - BIRMINGHAM 0,00 1000-18210 AMOUNT TO BE PROVIDED 0,00 1000-18220 BIRMINGHAM LOAN 0,00 1000-19050 DEF OUTFLOW TMRS CONTRIBUTIONS 35,543,29 1000-19051 DEF OUTFLOW SDBF CONTRIBUTIONS 543.00 1000-19075 DEC OUTFLOW - INVESTMENT EXP 0.48 1000-19100 DEF OUTFLOW - ACT EXP/ASSUMP 65,034.78 1000-19125 )GAIN)/LOSS ON ASSUMPTION CHG( 30,40).41) 70,714.14 TOTAL ASSETS 70,714.14 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 81,193.87 2000-20311 COMP ABSENCES PAYABLE-CURRENT 14,237,00 2000-21410 ACCRUED INTEREST PAYABLE 3,991.77 2000-28205 WEDC LOANS/CURRENT 107,366.10 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28232 ANB LOAN/EDGE 0.00 2000-28233 ANB LOAN/PEDDICORD WHITE 0,00 2000-28234 ANB LOAN/RANDACK HUGHES 0.00 2000-28235 ANB LOAN 0.00 2000-28236 ANB CONSTRUCTION LOAN 0.00 2000-28237 ANB LOAN/ WOODBRIDGE PARKWAY 251,320.68 2000-28238 ANB LOAN/BUCHANAN 0.00 2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00 2000-28240 HUGHES LOAN 0,00 2000-28242 ANB LOAN/HWY 78:5TH ST REDEV 3,436,511.53 2000-28245 ANB LOAN/DALLAS WHIRLPOOL 2,000,000.00 2000-28247 JARRARD LOAN 230,437.84 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME RUTS LOAN 0.00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 2000-28290 HOBART/COMMERCE LOAN 0.00 2000-29150 NET PENSION LIABILITY 171,108.17 2000-29151 SDBF LIABILITY 6,506.00 TOTAL LIABILITIES 6,302,672.96 6-14-2019 10:08 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: MAY 31STp 2019 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 3,412,605,24) 3000-35900 UNRESTRICTED NET POSITION ( 120,264.00) TOTAL BEGINNING EQUITY ( 3,532,869.24) TOTAL REVENUE ( 3,436,511.53) TOTAL EXPENSES ( 737,421,95) REVENUE OVER/(UNDER) EXPENSES ( 2,699,089.53) TOTAL EQUITY & OVER/(UNDER) ( 6,231,958.32) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 70,714.14 6-14-2019 10:10 AM CITY OF WYLIE PAGE:: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2019 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST, ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 2,600,000.00 274,299.18 0„00 1,411,004.45 0.00 1,188,995.55 54.27 INTERGOVERNMENTAL REV. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INTEREST INCOME 3,600.00 433.31 0.00 6,835.40 0,00 ( 3,235.40) 189.87 MISCELLANEOUS INCOME 1,675,166.00 26,205.50 0,00 43,069.80 0,.00 1,632,096.20 2,57 OTHER FINANCING SOURCES 4 500-,000 00 187 658 20 07.00 3,436,511,53 0,00 1,063,488.47 76.37 TOTAL REVENUES 8,778,766.00 488,596.19 0,00 4,897,421.18 0,00 3,881,344.82 55.79 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 9,871,,731.13 448,754.10 0.00 2,534;,679.01 0.00 7„337,052.12 25.68 TOTAL EXPENDITURES 9,871,731,13 448,754.10 0.00 2,534,679.01 0,00 7,337,052.12 25,68 REVENUE OVER/(UNDER) EXPENDITURES ( 1,092,965.13) 39,842.09 0.00 2,362,742.17 0.00 ( 3,455,707.30) 216.18- o-,o'znm m.m um rzrx OF WYLzs PAGE: z movomvo AND axrm"oo aupmo ,vpmonzroo/ AS or. MAY ,ur. 2019 ,xz-w,LzF, ocrwo*zc onvsL comp asvcmnco cvemwr cup*omr ppzon YEAR ,-r'o ,'r-o av000r w or aunGor runznn po ^cons~, nnrnxL umcvmonxwuo nnmwco anosar TAXES 4000-40150 mu, IN LFzv OF ra,os 0.00 v�nn n_nv o�oo o�nn 0.00 oloo ^000-«uzzo noLao rxx _274,299�18 0�00! _____�00 1,188,995,55 �54.27 cor^L raxoo e'soo'uoo.no 274'299�18 - o�ou z'^u'no^,^s n oo 1'188'995,55 54�2/ INTERGOVERNMENTAL 4000-435/8 noo oComvmzc uonnEMowro ' 0.00 ____ 0,00 0,£0 0.00 0�00� 0.00 0,00 rorvL zmroaco,00mmowraL no,. o no o�on 0.00 o�ov o�nv o�no 0.00 INTEREST INCOME «noo ^soso coarzrzr^ro or unroozr 0.00 o�no n`vo 0,00 0.00 0,00 0,00 ^^vo 4o'1n ^LLnCaroo Imro*o:r o^cm,mGx 3,600,00 433�31 0.00 6'8/5�40 0.00 , 3'235,40) 189�87 4000 ov14o ruxrnnL zmToxosr 0.00 n�vo o'no 0.00 0.00 0,00 0.00 «oon oo1«3 Lvczc zmrouoxr o�oo o�vo 0.00 0,00 o vv 0.00 0.00 «nov 4sz5n zorono;r ouxmzwGn o�no o vo v~on o�ou o�uo 0.00 0.00 ^000 ^a1*n Lu^w rup^xmowr (pmzmrzruL) 0.00 n�nn v,nv 0,00 o nv 0,00 o�no «nvo oozzo aumx momo, eAauor INTEREST 0 0 0,00 _ 0�00! .,o..on o'oo _ - 0,00 0,00 ___-� rorxL zmromnnr zmnowo s'sumo *33�31 v�on 6'835 oo 0.00 / 3'235,40` /vy,o, M,xnuLLAmowv« zmcomc 4000 ^o1In RENTAL zwCnwo 122'440�00 zs.,n��sn 0.00 75'rzo.or, 0.00 46'711�14 61,o5 4000-*8310 nnco,mns ,nznu YEAR oxrox 0.00 v�oo v�oo 0.00 0,00 0,00 0.00 «vov 4ov1" *zScaL^amoono zmnnmo 0,00 o�oo 0,00 0.00 0.00 o oo o�on ^ono 4"v3o o^zn/(Loun) oxLo or cue u 0,00 0,00 � _____�00 1,585./os.ov _2=�- Tnr^c mzacoLLumu000 zmonMo 1'675'166�00 26'205�50 o�oo 43^069.80 0,00 z.osz'oya' zo 2�5/ OTHER FINANCING SOURCES 4onn-«o'm ra^wxFov FROM uomonxL Fowo 0.00 v�no 0.00 0.00 0.00 0,00 o�no :000-49325 oumx moro rnoconoo ^'nnn'ovn,nn 18-1.658,20 0.00 3'436'511.53 0.00 1.063'43o�4/ ,o.^, 4000-49550 Lo^nu pxzmozraL ra,mowru Uo 0.00 0.00 0.00 0,00 0.00 o�oo 0.00 4000-49600 zmsvnvmco nocovoxznx 0.00 _-0�00 _ 0`00 o�on o�00 "o.on _~o'ov ror^L omon nwxwczmo xo"nrou «'^oo'000.00 18,'658�20 0,00 3.436'511,53 0.00 1'063'488�4� 76�3` ------------ TOTAL uovo°000 a.,'x',*a'vv 488'596�19 o�ov 4,897'421,16 0,00 3'881'344�82 55.79 ------------ ~~-~ 6-14-2019 10:10 AM CITY OF WYLIE PAGE 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2019 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET $5 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 290,180.00 22,737.04 0.00 187,467.63 0.00 102,712.37 64.60 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0„00 0.00 5611-51140 LONGEVITY PAY 1,452.63 0.00 0.00 1,444.00 0.00 863 99.41 5611-51145 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 (1.00 0.00 5611-51210 CAR ALLOWANCE 12,600.00 969.26 0.00 7,996.39 0.00 4,603.61 63.46 5(11-51220 PHONE ALLOWANCE 4,656.00 0.00 0.00 3,192.00 0.00 1,164.00 75.00 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51260 MOVING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 45,879.00 3,574.90 0.00 29,810.09 0.00 16,068.91 64.98 5611-51410 HOSPITAL & LICE INSURANCE 11,277.00 3,327.23 0.00 26,605.83 0.00 14,671.17 64.46 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51420 LONG-TERM DISABILITY 1,655.00 86.85 0.00 770.01 0.00 884.99 46.53 5611-51440 FICA 18,863.00 1,386.56 0.00 9,433.10 0.00 9,429.90 50.01 5611-51450 MEDICARE 4,412.00 324.28 0.00 2,724.50 0.00 1,687.50 61.75 5611.-51470 WORKERS COMP PREMIUM 396.00 0.00 0.00 302.39 0.00 93.61 76.36 5611 51980 UNEMPLOYMENT COMP (TWC) 810.00 0.00 0.00 27.00 0.00 783.00 3.33 TOTAL PERSONNEL SERVICES 422,180.63 32,406.12 0.00 270,072.94 0.00 152,107.69 63.97 SUPPLIES 5611-52010 OFFICE SUPPLIES 6,000.00 1,402.05 0.00 2,952.35 0.00 3,047.65 49.21 5611-52040 POSTAGE & FREIGHT 890.00 39.70 0.00 53.25 0.00 836.75 5.98 5611-52130 TOOLS/ EQUIP (NON-CAPITAL) 0.00 1,098.41 0.00 1,098.41 0.00 (. 1,098.41) 0.00 5611-52810 FOOD SUPPLIES 2,150.00 139.65 0.00 1,134.69 0.00 1,015.31 52.78 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 .00 TOTAL SUPPLIES 9,040.00 2,679.81 0.00 5,238.70 0 r . ....._ ^^mm 3,801.30 57.9595 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 2,000.00 187.50 0.00 2,600.00 0.00 ( 600.00) 130.00 5611-54990 OTHER 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 TOTAL MATERIALS FOR MAINTENANC 7,000.00 187.50 0.00 2,600.00 0.00 4,400.00 37.14 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,122,100.50 0.00 0.00 291,922.28 0.00 830,178.22 26.02 5611-56040 SPECIAL SERVICES 633,900.00 109,218.21 0.00; 528,018.83 0.00 105,881.17 83.30 5611-56080 ADVERTISING 127,000.00 4,000.00 0,00i 25,200.00 0.00 101,800.00 19.84 5611-56090 COMMUNITY DEVELOPMENT 68,100.00 3,146.06 0.00 37,087.18 0.00 31,012.82 54.46 5611-56110 COMMUNICATIONS 9,628.00 3,241.29 0,00 6,805.83 0.00 2,822.17 70.69 5611-56180 RENTAL 29,328.00 2,444.00 0,)1(1 21,608.00 0.00 7,720.00 73.68 5611-56210 TRAVEL & TRAINING 55,425.00 5,672.12 0.00 24,991.90 0.00 30,433.10 45.09 5611-56250 DUES & SUBSCRIPTIONS 30,610.00 741.24 0.00.:. 14,972.46 0.00 15,637.51 48.91 5611-56310 INSURANCE 4,310.00 0.00 0,01) 4,004.71 0.00 305.29 92.92 5611-56510 AUDIT & LEGAL SERVICES 39,000.00 0.00 0.00- 28,424.50 0.00 10,575.50 72.88 5611-5657(1 ENGINEERING/ARCHITECTURAL 30,000.00 190.00 0,130': 6,159.99 0.00 23,840.01 20.53 5611-56610 UTILITIES-ELECTRIC 2.,400..00 198.41 0.0U 2,328.78 0.00 71.22 97.03 TOTAL CONTRACTUAL SERVICES 2,151,801.50 128,851.33 0.00 991,524.46 0.00 1,160,277.04 46.08 6-14-2019 10d0 AM CITY OF WYLIE PAGET 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2019 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 4, OF BUDGET PERIOD PO ADJUST, ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP' REPL 5611-57110 DEBT SERVICE 0.00 0.00 0.00 0.00 0,00 0.00 0.00 5611-57410 PRINCIPAL PAYMENT 1,628,051.00 39,258.45 0.00 739,131.64 0.00 888,919.36 45.40 5611-57415 INTEREST EXPENSE 343,898.00 22,684.77 0.00 132,903.18 0,00 210094,82 36.65 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0,00 0,00 0.00 TOTAL DEBT SERVICE & CAP. REEL 1,971,949.00 61,943.22 0.00 872,034.82 0.00 1,099,914.18 44.22 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 4,800,000.00 257,246.20 0,00 3,781,812.16 0.00 1,018,167.82 78.79 5611-58120 DEVELOPMENT FEES 0.00 0.00 0,00 0.00 0.00 0.00 0.00 5611-58150 LAND-BETTERMENTS 0.00 0.00 0,00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 507,760.00 153,098.12 0.00 321,120.09 0.00 186,639.91 63.24 5611-58410 SANITARY SEWER 0.00 0.00 0,00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 1,000.00 0.00 0.00 0.00 0.00 1,000.00 0.00 5611-58830 FURNITURE & FIXTURES 1,000.00 0.00 0.00 0,00 0.00 1,000.00 0.00 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 i 187,658.20) 0,00 f 3,709,724.18) 0.00 3,709,724.18 0.00 TOTAL CAPITAL OUTLAY 5,309,760.00 222,686.12 0.00 393,208.09 0.00 1,916,551,91 7,41 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 0,00 0,00 0,00 0.00 0.00 "° 0,00 5611-59190 TRANSFER TO THORUGHEARE IMP 0,00 0.00 0.00 0.00 0.00 0,00 0,00 5611-59430 TRANSFER TO CAPITAL PROJ FE 0,00 0.00 0.00 0.00 0.00 0,00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 (1.00 0.00 TOTAL OTHER FINANCING (USES) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 9,871,731.13 448,754.10 0.00 2,534,679.01 0.00 7,337,052.12 25.68 ----- TOTAL EXPENDITURES 9,871,731.13 448,754.10 0.00 2,534,679.01 0.00 7,337,052.12 25.66 REVENUE OVER (UNDER) EXPENDITURES ( 1,092,965,13) 39,642,09 0.00 2,362,742,17 0.00 ( 3,455,707.30) 216.18- *',. END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Sub Ledger May 31. 2O19 Notes Payable Date of Add'| dnaxvo Rate of Principal Purchase Payment Beginning Bal.. to date Principal Interest Interest Balance May 1, 2019 5.876.219.95 ANBTX-0B130S7O xvOOosmmGsp0mv (#o7ov0V 8K15/14 13.267.83 312.324.07 12.583.99 688.94 2.61 298.740.08 ANBTX-B81484B1 ouc*Am*wV*nrnroo> 8/13/14 7.331.95 29.740.30 7.240.53 91.43 3.77 22.499.77 ANBTX-88158O43 K&M/MOBAmT(#44uf4u} 9/2/15 8.745.25 43.746.56 0.600.94 144.31 4.00 35.145.63 ANBTX-88158357 oxLLAsxxmmLPomL(#30m60) 11/22/16 varies 2.000.000.00 0.80 6.666.67 4.00 2.000.080.00 J/\RRARO GRAYS AUTO(#2eOr120) 12/1/16 3.109.15 241.537.09 2.203.38 905.77 4.50 239.334.31 ANBTX-88183982 AwB BROWN&ru(#4Opeo)^ 12/12/18 varies 3.248.853.33 254.846.20 0.00 14.077.02 525 3.503.488.53 May 31. 2O1B $30.828.84 $22.574.13' $6.100.219.31 Wylie Economic Development Corporation Inventory Subledger May 31, 2019 Inventory - Land Date of Pur. Address Acreage Improvements Cost Basis Sub-totals Cooper McMasters 7/12/05 709 Cooper 0.48 0 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 0 Demo 200,224 Bowland/Anderson 10/9/07 Cooper Dr. 0.37 0 n/a 106,419 KCS 8/1/08 Cooper Dr. 0.41 0 n/a 60,208 Duel Products 9/7/12 704 Cooper Dr. 0.50 0 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 0 n/a 29„056 $1,312,672 Industrial Ct. Ind Ct-Hwy 78 7/06-4/16 Ind Ct-Hwy 78 1.45 0 n/a 924,486 Jarrard 12/22/16 201 Industrial Ct 0.29 32,893 3,900 300„493 1,224,979 Regency Regency Pk. 6/4/10 25 Steel Road 0.65 0 n/a 25,171 25,171 Commerce Hobart Investments 11/12/13 Commerce 1.60 0 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 4.79 128,925 9,000 2,182,080 2,725,280 Downtown Heath 3/17/14 104 N. Jackson 0.17 0 Demo 220,034 Udoh 2/12/14 109 Marble 0.17 0 n/a 70,330 Peddicord 12/12/14 100 W. Oak St 0.35 155,984 4,444 486,032 City Lot 12/12/14 108/110 Jackson 0.35 0 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 0 n/a 150,964 FFA Village 1/7/18 102. N. Birmingham 0.17 35,390 910 99,804 1,217,760 Alanis White Property(Alanis) 12/12/14 Alanis 6.63 0 n/a 420,336 420,336 South Ballard Birmingham Trust 6/3/15 505-607 S. Ballard 1.12 0 n/a 409,390 Murphy 3/7/19 701 S. Ballard 0.20 115,724 1,312 172,487 581877 Squire Gallagher 3/14/18 Squire-lot 2-4 2.67 100,404 6,000 573,844 573,844 Brown&78 Turner 12/5/18 504 E. Brown 1.02 84,077 1,180 308,180 Wallace 12/18/18 502 E. Brown 0.19 24,637 680 204,775 Karan 12/28/18 300 E. Brown 2.39 0 0 1,250,391 O'Donald 1/7/19 410 E. Brown 0.19 64,421 940 177,044 Weatherford 2/12/19 303 Marble 2.17 0 0 757,488 Brothers JV 2/26/19 306& 308 N. 2nd Stn 0.38 0 n/a 145,923 Pulliam 2/27/01 300 N. 2nd Street 0.26 122,764 1,364 218,472 Swayze 4/18/19 208 N. 2nd Street 0.26 73,313 1,860 187,501 Swayze 5/9/19 204 N. 2nd Street 0.26 121,781 2,033 187,658 3,437,433 Total 33.94 $1,748,395 70,253 $11,519,352 $11,519,352 *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. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OFJUNE 2019 MONTH WEDC WEDC WEDC WEDC DIFF % DIFF 2016 2017 2018 2019 18 VS 19 18 VS 19 DECEMBER $166,418 $197,808 $184,849 $214,867 $30,019 15.18% JANUARY 163,463 196,347 191,896 223,750 31,854 16.60% FEBRUARY 260,166 276,698 275,668 307,367 31,699 11.50% MARCH 167,082 191,648 182,852 208,222 25,370 13.87% APRIL 154,920 168,844 163,485 182,500 19,015 11.63% MAY 238,646 244,816 203,707 274,299 70,592 34.65% JUNE 180,194 191,732 199,412 234,174 34,762 17.43% JULY 212,620 223,571 213,977 AUGUST 268,976 261,573 249,590 SEPTEMBER 197,339 210,974 213,426 OCTOBER 201,506 195,549 210,702 NOVEMBER 270,426 267,816 273,197 Sub-Total $2,481,757 $2,627,376 $2,562,759 $1,645,178 $243,309 17.27% AUDIT ADJ TOTAL $2,481,757 $2,627,376 $2,562,759 $1,645,178 $243,309 17.27% WEDC SALES TAX ANALYSIS $350,000 . $300,000 -..._ ----- _. .. . $250,000 - - -- ll $200,000 150 000 awe .a, $100,000 -.- 1,: :,,H , ,, . 1,,,,, 1 , , , , „ I `m . Z = r, m - N m m Zr) ` `° c sz n � 2 2 as Q 2 4 rn o 2 a) co n 2 ,, m ti a) ai - ii o- O o 0 (n Z Wylie City Council oF 1 AGENDA REPORT Meeting Date: June 25, 2019 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: June 17, 2019 Exhibits: 6 Subject Consider, and act upon, authorizing the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to allow for the annexation into the City limits and the development of single-family homes within property located in the City's Extraterritorial Jurisdiction (ETJ), generally located north of Stone Road and east of Kreymer Road, and more specifically at 2121 E. Stone Road. Recommendation Motion to authorize the City Manager to sign an Agreement between. John Englar and Yanyn Duan or their assigns and the City of Wylie to allow for the annexation and development of single-family homes within property located in the City's Extraterritorial Jurisdiction (ETJ), generally located north of Stone Road and east of Kreymer Road, and more specifically at 2121 E. Stone Road. Discussion APPLICANT: Trey Wallette for Skorburg Company The applicant is proposing an Agreement relating to the annexation of the subject property into the City limits on a voluntary basis and the development, after receiving necessary platting and zoning approvals, of a 14.599-acre residential development consisting of 62 residential lots. The property is currently in the City's ETJ (Collin County) off of Stone Road east of Kreymer. This Agreement offers the same conditions as the Agreement considered by Council on April 9, 2019. The agreement states that the property shall be developed in compliance with Exhibits C and D regardless if the zoning application is approved or not. Furthermore, it states that the proposed relocation of the existing sanitary sewer easement will be approved when the preliminary plat application for the property is approved by Council. As such: Exhibit A contains the legal description of the property in question. Exhibit B contains the annexation petition by the property owners. Exhibit C is the concept plan identifying lot layout, right-of-way locations, detention areas, and the tree preservation area. Section 8.1.C.l.a of the Zoning Ordinance requires that a change in the concept plan constitute a change in zoning requiring a separate approval. Exhibit D contains the development standards and special conditions. Some differences between the proposed agreement and city standards include but are not limited to: Page 1 of 2 Page 2 of 2 Proposed Current City Standards 5,500 sqft lot minimum 10,000 sqft lot minimum 50 sqft lot width 50 sqft lot width minimum 1,600 sqft min. dwelling 2,400 sqft min. dwelling 90% at 25 ft; 10% at 20 ft front setback min. 25 ft 5 ft side setback min. 10 ft 90% at 15 ft; 10% at 10 ft rear setback min 25 ft lot coverage (65%max) 45%max garages (400 sqft minimum) 500 sqft minimum elevation repetitions (5 minimum) 7 Minimum 80% masonry exterior 100% masonry exterior The applicant proposes to develop a maximum of 25% of the homes at 1,600 sqft and a minimum of 75% of the homes at 2,000 sqft. Exterior material will be comprised of 80% masonry and the balance being window boxes, gables, architectural shingle and etc., excluding windows, doors and other openings. Non-masonry materials shall be limited to side elevations. In addition, the applicant is requesting a reduction of parkland dedication from $124,000 ($2,000 per lot x 62 lots) to $62,000 (1,000 per lot x 62 lots) with a land dedication of 1.4 acres in lieu of the required 3.1 acres. The Parks Board recommendation from the April 8, 2019 meeting will be presented. Any park improvements must be completed prior to the issuance of a certificate of occupancy. In an effort to preserve the eastern tree line, the applicant proposes a minimum 15-foot landscape buffer as depicted in Exhibit C to be owned and maintained by the HOA. No drainage, access, utility, or other easements will be allowed in the buffer. Exhibit E contains the proposed agreement between the City and the developer to relocate an existing City owned sewer line and easement. The sewer is a main 24" line with a 30-foot sewer easement. In short, the agreement requires the developer to shoulder the costs of relocation and continued operation of a by-pass line during construction. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR .AIA, 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 TEXAS LOCAL GOVERNMENT CODE CHAPTER 43,SUBCHAPTER C-3 AND§2.1.2.1.72 THIS AGREEMENT (the "Agreement") is made and entered into by and between the City of Wylie, Texas, a home-rule municipal corporation of the State of Texas (hereinafter referred to as"City"), and John Englar and Yanyu Duan or their assigns (hereinafter called "the Owner"),whether one or more natural persons or other legal entities. By the signatures below,the Owner warrants and represents that there are no other owners of any portion of the Property (hereinafter defined) and no other third parties holding an interest therein. City and Owner are sometimes referred to herein, individually or collectively, as the case may be, as a "Party" or the "Parties." WHEREAS, the Owner owns a parcel of real property, a total of approximately 14.599 acres of land,as described in Exhibit A(hereinafter called"the Property"),which is located within Collin County and the extraterritorial jurisdiction ("ETU") of the City; and WHEREAS, the Owner of the Property has requested, and the City has agreed, subject to the terms, conditions and limitations hereinafter set forth and applicable Texas law and City ordinances and regulations, that the City shall provide sewer service to the Property; and WHEREAS, in consideration of the City providing sewer service to the Property, the Owner will petition the City to annex the Property pursuant to Subchapter C-3, Chapter 43 of the Texas Local Government Code; and WHEREAS,the Parties acknowledge and agree that this Agreement constitutes a petition. for the voluntary annexation under the provisions of Subchapter C-3, Chapter 43 of the Texas Local Government Code, and upon the request of the City, the Owner shall promptly execute all applications and documentation required by Texas law to petition for annexation as required by Texas law; and. WHEREAS, this Agreement is entered into pursuant to Chapter 43, Subchapter C-3 and 212.172 of the Texas Local Government Code, in order to address the needs of the Owner and the procedures of the City; and. Development Agreement—Brookside Page 1 of 43 27'0091.3 WHEREAS,the Owner and the City acknowledge that this Agreement runs with the land and is binding upon the City and the Owner and any subsequent owner of any portion of the Property for the term of this Agreement, as defined below; and 'WHEREAS, this Agreement is to be recorded in the Real Property Records of Collin County. NOW THEREFORE, for and in consideration of the mutual covenants, conditions and agreements contained in this Agreement, and other good and valuable consideration,the City and Owner agree as follows: 1. Identification of the Property. The Property is described as the property owned by the Owner within the boundaries of the area depicted and more particularly described in Exhibit A, attached hereto and incorporated herein by reference. 2. Annexation. The Parties acknowledge and agree that this Agreement constitutes an agreement to petition for annexation of the Property with the consent of the Owner in accordance with Subchapter C-3 of Chapter 43 of the Texas Local Government Code. The formal Petition/Consent for Annexation is attached hereto as Exhibit B and made a part hereof Upon the request of the City, the Owner shall execute Exhibit B and all other applications and documentation required by Texas law. The City shall provide ten (10) days' notice of such request for completion of annexation applications and documentation. Owner acknowledges and agrees that the Property is eligible for annexation under Subchapter C-3 of Chapter 43 of the Texas Local Government Code. After annexation, the use and development of the Property shall conform to all City ordinances, rules, regulations and requirements, as they exist, may be amended or in the future arising, relating to or affecting the development and use of the Property, except as set forth in this Agreement. City is authorized to enforce all of the City's regulations and planning and zoning authority on the Property in the same manner the regulations are enforced within the City's corporate limits, subject to the terms and conditions of this Agreement. Owner covenants and agrees that Owner will not request final approval of any type of plat or other development document for any part or parcel of the Property with Collin County,the City or otherwise until such part or parcel of the Property has been properly annexed into and permanently zoned by City. Owner further covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the City's corporate limits,until the part or parcel of the Property has been properly subdivided, annexed into and permanently zoned by City, subject to the terms of this Agreement. Owner agrees to obtain permits and inspections from City, and pay all related fees to City. Notwithstanding the foregoing, a maximum park dedication and/or improvement fee of$1,000.00 per residential dwelling unit will be assessed by the City on the Property. 3. Zoning. The Parties agree that concurrent with the filing of the petition for annexation the Owner shall submit to City an application to permanently zone the Property in accordance with the City's usual and customary procedures and requirements for such applications. The Parties agree that the zoning application will request a planned development district Development Agreement—Brookside Page 2 of 43 2700913 based on single family-residential uses in accordance with the lot layout plan attached hereto as Exhibit C and the development standards attached as Exhibit D. The Parties agree that, if the application is approved and permanent zoning granted by City Council, the Property will be developed pursuant to the site plan attached hereto as Exhibit C and the development standards attached as Exhibit D. The City Council will consider the annexation and permanent zoning of the Property at the same meeting, with the zoning application being heard first and, should it be approved, such approval shall be conditioned on the City Council approving the annexation of the Property. The Owner acknowledges and agrees that this Agreement does not in any way guarantee that the City Council will grant Owner the particular zoning requested in the application or otherwise and that the City and its City Council members, Planning and Zoning Commission members, officers, employees and agents shall have no liability under this Agreement or otherwise should the City Council deny Owner the particular zoning requested in the application or otherwise. Regardless of whether the zoning application is approved by the City Council,the Property shall be developed in compliance with Exhibit C and Exhibit D. 4. Platting. The Parties agree that Owner shall submit a preliminary plat application in accordance with the City's usual and customary procedures and requirements for such applications and that the preliminary plat application shall comply with Exhibit C and the City's then-current Subdivision Regulations and other applicable laws, ordinances and requirements, unless in conflict with the terms of the Agreement, in which case this Agreement shall control. Owner acknowledges and agrees that this Agreement does not in any way guarantee that the City Council will grant Owner the particular preliminary plat requested in the preliminary plat application or otherwise and that the City and its City Council members, Planning and Zoning Commission members, officers, employees and agents shall have no liability under this Agreement or otherwise should the City Council deny Owner the particular preliminary plat requested in the application or otherwise. The parties agree that the proposed agreement to relocate a portion of the existing sanitary sewer easement on the Property as set forth in Exhibit E will be approved when the preliminary plat application for the Property is approved. 5. Agreement a Covenant Running With the Land. This Agreement shall be recorded in the Real Property Records of Collin County and shall be a covenant running with the land, binding upon all Parties having any right,title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. This Agreement may not be revised or amended without the written consent of all Parties. 6. Notice. Prior to the sale or conveyance of any portion of the Property, the Owner shall give written notice and a copy of this Agreement to the prospective purchaser or grantee, shall provide a copy of such disclosure to the City and shall give written notice of the sale or conveyance to the City. 7. Form and Delivery of 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, addressed to the Party to be notified, postage pre-paid and registered or certified with Development Agreement—Brookside Page 3 of 43 2700913 return receipt requested;by electronic mail,with documentation evidencing the addressee's receipt thereof;or by delivering the same in person to such Party 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: If to City, addressed to it at: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Email: chris.holsted@wylietexas.gov With a copy to: Abernathy, Roeder, Boyd & Hullett, P.C. Attn: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Email: rpittman@abernathy-law.com If to Owner, addressed to them at: John Englar and Yanyu Duan 503 Stonehedge Drive Wylie, Texas 75098 Telephone: Email: 8. Enforcement. This Agreement may be enforced by Owner or City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement thereafter. 9. Vested Rights. This Agreement shall confer no vested rights on the Property, except as expressly set forth herein. 10. Attorneys' Fees. If either Party files any action or brings any proceeding against the other arising from this Agreement, then as between Owner and City, 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. 11. 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 Development Agreement—Brookside Page 4 of 43 2700913 one Party to the other under this Agreement shall be considered to have been relied on by the other Party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either Party. 12. 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. 13. 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 performable 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. 14. Consideration. The Parties acknowledge and agree that this Agreement is executed without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 15. 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. 16. 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 that such authorization is valid and effective on the effective date of this Agreement. 17. 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. 18. 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. 19. 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. Development Agreement—Brookside Page 5 of 43 2700913 20. 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. 21. Immunity. It is expressly understood and agreed that, in the execution and performance of this Agreement, City 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 other than specific performance of this Agreement. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein. 22. Reference to Owner. When referring to an"Owner"herein,this Agreement shall refer to and be binding upon each of the Owners, jointly and severally, and Owner's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and/or any other third parties for whom Owner is legally responsible. 23. Reference to City. When referring to "City" herein, this Agreement shall refer to and be binding upon City, its Council Members, officers, agents, representatives, employees and/or any other authorized third parties for whom City is legally responsible. 24. 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 either 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. 25. Term. The term of this Agreement shall be 45 years in accordance with § 212.172(d), TEX. LOC.GOV'T CODE. [Signatures appear on the next page.] Development Agreement—Brookside Page 6 of 43 2700913 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 JOHN ENGLAR By: Chris Hoisted,City Manager Printed Name: Date: Date: YANYU DUAN By: Printed Name: Date: State of Texas § County of Collin § This instrument was acknowledged before me on the day of June 2019, by City Manager of the City of Wylie, a Texas home-rule municipality, on behalf of said municipality. By: Notary Public, State of Texas State of Texas § County of § This instrument was acknowledged before me on the day ofJune 2019, by John Englar. By: Notary Public, State of Texas State of Texas § County of § This instrument was acknowledged before me on the day of June 2019, by Yanyu Duan. By: Notary Public, State of Texas Development Agreement—Brookside Page 7 of 43 2700913 After Recording Return to: City Secretary City of Wylie 300 Country Club Road Building 100, 1st Floor Wylie, Texas 75098 Development Agreement—Brookside Page 8 of 43 27009 I 3 Exhibit A Property Description All that tract of land in Collin County, Texas, out of the Francisco De La Pina Survey, A-688, being all of that called 5.365 acres of land described in a deed to John Reschke as recorded under CC# 20081118001341760 of the Official Public Records of Collin County, Texas, and being all of that called 9.184 acres of land described in a deed to John Frederick Reschke II as recorded under CC# 20100521000511250 of the Official Public Records of Collin County, Texas, and further described as follows: BEGINNING at a 3/8 inch steel rod found on the North line of Stone Road,at the Southwest corner of said 5.365 acres, and at the Southeast corner of that called 2.996 acres of land described in a deed to Randall D. Grubbs, Brenda G. Grubbs, and Kyle Dwayne Clark as recorded under CC# 20130122000092780 of the Official Public Records of Collin County, Texas, from which a 1/2 inch steel rod found bears North 89 degrees 52 minutes 24 seconds West, 499.30 feet for witness; THENCE North 00 degrees 09 minutes 32 seconds East, 522.63 feet to a 3/8 inch steel rod found at an ell corner of said 5.365 acres, and at the Northeast corner of said 2.996 acres, from which a 1/2 inch steel rod found at the Northwest corner of said 2.996 acres bears North 89 degrees 51 minutes 47 seconds West, 249.44 feet for witness; THENCE North 89 degrees 51 minutes 47 seconds West, 500.37 feet to a 5/8 inch steel rod set capped "Boundary Solutions" at the Westerly most Southwest corner of said 5.365 acres, at the Northwest corner of that called 1.50 acres of land described in a deed to Wendell H. Daniel as recorded in Volume 5312, Page 5682 of the Land Records of Collin County, Texas, and on the East line of that called 4.892 acres of land described in a deed to Frank Solla and wife, Julia Solla as recorded in Volume 5135, Page 3349 of the Land Records of Collin County,Texas, from which a 1/2 inch steel rod found at the Southeast corner of said 4.892 acres bears South 00 degrees 00 minutes 00 seconds East, 174.98 feet for witness; THENCE North 00 degrees 00 minutes 00 seconds East(Bearing Basis), 675.80 feet to a 1/2 inch steel rod found at the Northwest corner of said 9.184 acres, at the Northeast corner of said 4.892 acres, and on the South line of that called 5.00 acres of land described in a deed to Guy L. Cates as recorded under CC# 20070627000881390 of the Official Public Records of Collin County, Texas, from which a 3/8 inch steel rod found bears North 89 degrees 59 minutes 25 seconds West, 375.43 feet for witness; THENCE South 89 degrees 59 minutes 25 seconds East, 745.17 feet to a point at the Northeast corner of said 9.184 acres, and at the Southeast corner of said 5.00 acres, from which a nail found bears South 17 degrees 59 minutes 11 seconds West, 0.92 feet for witness, and from which a 1/2 inch steel rod found bears South 00 degrees 17 minutes 47 seconds East, 246.31 feet for witness; THENCE South 00 degrees 17 minutes 47 seconds East, 1200.07 feet to a 5/8 inch steel rod set capped "Boundary Solutions" on the North line of Stone Road, at the Southeast corner of said Development Agreement—Brookside Page 9 of 43 2700913 9.184 acres, and on the West line of that called 2.026 acres of land described in a deed to Christopher D. Pollard as recorded in Volume 3296, Page 223 of the Deed Records of Collin County, Texas; THENCE North 89 degrees 52 minutes 24 seconds West, 252.46 feet along the North line of said Stone Road to the POINT OF BEGINNING, containing 14.606 acres of land, more or less. Development Agreement—Brookside Page 10 of 43 2700913 EXHIBIT B PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: The undersigned owner(s) of' the hereinafter described tract(s) of land petition your honorable City Council to extend the present city limits so as to include as part of the City of Wylie, Texas, the territory described in the attached Exhibit A, including a survey by metes and bounds or legal description with subdivision, lot and block with a graphic exhibit clearly showing the tract(s). We certify that in accordance with Subchapter C-3 of Chapter 43 of the Texas Local Government Code this petition is signed and duly acknowledged by each and every person having an interest in said land. Signed: Signed: THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared and known to me to be the persons whose names are subscribed to the foregoing instrument and each acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office,this day of June, 2019. Notary Public in and for County;Texas. Development Agreement—Brookside Page'11 of 43 2700913 EXHIBIT C t y � r - limaiizla ,,. - ,, 6a -� w . 4 d 1 i S'sd 0ach .w't'w*v+sv. WOW.;;:t; t1 I .R. , .,. I ;IRV" .1 tret====it I—L/1: a >, a .;tea". ",ry; I. ,,,,,,.,,.t n ,,aT C 4f m u _.. 6 -tL B+w. _6 p ' t! - '�yy r i t Pji ,, d �� HF �DE ESTATES CC ', LOT LAYOUT mien i IrIBANNISTER ., f -11 ,. Development Agreement—Brookside t of3 2700913 4813-8474-6633v,2 1971 - 7 EXHIBIT D DEVELOPMENT STANDARDS L GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of- Ordinances or the Zoning Ordinance, as they exist or may be amended, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance(adopted as of May 2011) are hereby replaced with the following: Figure 3-4-Planned Development—Single Family(P )—SF) Lot Size(Millinitirn) Lot Area(sq. ft.) 5,500 Average Lot Area 6,000 Lot Width at building line(feet) 50 Lot width of corner 1,ots at building line(feet) 55 Lot 12)epth at building line(feet) 100 Lot Depth of f.)ouble Front Lots at building line 110 (feet) Dwelling Regulations (Minimum Square Footage A/C space) Maximum of 25%of the lots 1,600 Minim urn of 75%of the lots 2,000 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements—IVIain Structures f'ront Yard (feet) Minimum of 90%-25 Maximum of 10%-20 Side Yard (feet) 5 Side Yard of Corner Lots (feet) 1 0 Rear Yard(feet) Minimum of 90%-15 Maximum of 10%- 10 Rear Yard Double F'ront Lots(feet) 20 Lot Coverage 65% eight of Structures Development Agreement—Brookside Page 13 of 43 2700913 Main Structure (feet) 40 Accessory Structure (feet) No Accessory Structures Allowed IL SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 64 lots. 2. Minimum Density is 60 residential lots or 4.1 residential lots per gross acre. 3. Three-tab roofing shall not be permitted. 4. No alleys shall be required. 5. A minimum fifteen (15) foot landscape buffer, to be owned any maintained by the HOA as shown on Exhibit C, will be provided along the eastern property line as shown in the site plan. The purpose of the landscape buffer is to protect the existing tree line, Therefore, no drainage, access, utility, or other easements will be allowed in this buffer. A fifteen (15) foot drainage easement shall be permitted in the vicinity of Design Point A as shown on Exhibit C. In no circumstance shall this drainage easement encroach more than 1,000 square feet of landscape buffer. 6. Initial park or open space improvements shall be approved by the City of Wylie. Park improvements and open space will be owned and maintained by the HOA. Any park improvements must be completed and accepted by the City prior to the issuance of a certificate of occupancy for any structure on the Property. 7. A tree preservation plan for the entire Property, in accordance with Section 7.6 of the Zoning Ordinance shall be submitted for consideration by the City at the same time as a preliminary plat. IV. DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with the following criteria: 1. Provision of Public Pathways - Public Open Space None 2. Provision of Public Pathway—Perimeter Walkways and Landscape A.BASE STANDARD Residential Development shall provide a 40 feet wide buffer, with a 6 feet wrought iron fencing between brick or stone columns (50 ft o.c.) The following trees and shrubs are recommended for landscaping and screening purposes and shall be of a species common or adaptable to this area of Texas: 1. Large Trees: Development Agreement—Brookside Page 14 of 43 2700913 Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore Bradford Pear a. DESIRABLE DESIGN ATTRIBUTES None 1. Lighting and Furnishings Along Open Space,Easements and Trails b. BASE STANDARD (1) 8' wide distinctive striping and buttons or similar approved by city engineer at main entry; 6 ft wide at interior street connectors Development Agreement—Brookside Page 15 of 43 2700913 c. DESIRABLE DESIGN ATTRIBUTES (1) 8' wide distinctive striping and buttons or similar approved by city engineer crossing at main entry; B. Street and Sidewalk Standards New I?esiilenfwl Requirements E)esired street and sidewalk requirements are achieved in accordance with the following criteria: I. Street Treatments—Entry Features and Signage at Entries a. BASE STANDARD Architectural features on stone nd il turnmonument :(no brick b means ricly() Svith other laiuls hetapan street i incorporated into open space area a lights. landscaping gaenedt b. DESIRABLE DESIGN ATTRIBUTES Decorative iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). 704, Ic 411944, 00,0 i,^414 fx, **w,t 440 wHiii;$41, *49:3W"'OA*, \ erflo e e ^ ^‘^ \2. Street Treatments—Street Name Signs a. BASE STANDARD Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. DESIRABLE DESIGN ATTRIBUTES: None I Street Treatments—Pedestrian Crosswalks a. BASE STANDARD Development Agreement-Brookside Page16 of 43 2100913 All crosswalks within a Residential development are to be eight feet wide with distinctive striping and buttons or similar approved by city engineer and must connect to a pedestrian sidewalk system with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. DESIRABLE DESIGN ATTRIBUTES: None 4. Pedestrian Sidewalks-Sidewalk Locations a. BASE STANDARD Five feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street, b. DESIRABLE DESIGN ATTRIBUTES: None 5. Pedestrian Sidewalks-Sidewalk Lighting a. BASE STANDARD Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval, The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. 4 ( k„ ,...,.. .„11.,- •"*" Development Agreement—Brookside Page 17 of 43 2700913 b. DESIRABLE DESIGN ATTRIBUTES: None 6. Perimeter Alleys a. BASE STANDARD No Alleyways shall be required for the subdivision. b. DESIRABLE DESIGN ATTRIBUTES: None C. Architectural Standards-New Residential Requirements 1. Building Bulk and Articulation a. BASE STANDARD In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 25 percent of the façade shall be offset a minimum of two feet either protruding from or recessed back from the remainder of the façade. b. DESIRABLE DESIGN ATTRIBUTES: None 2. House Numbers a. BASE STANDARD All single family residential units shall have lighted front stone wall plaques with resident address beside the main entry of the dwelling unit. b. DESIRABLE DESIGN ATTRIBUTES: NONE 3. Exterior Facade Material a. BASE STANDARD All single family residential units shall have a minimum of 80 percent of the exterior facade composed of kiln-fired clay brick, rock, or masonry stucco with the balance being window boxes, gables, architectural shingle and etc., excluding windows, doors and other openings. Non-masonry materials shall be limited to side elevations. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least two feet Development Agreement—Brookside Page 18 of 43 2700913 from the first floor exterior wall. Wood, vinyl siding and E1FS materials shall not be used for exterior walls. b. DESIRABLE DESIGN ATTRIBUTES: None 4. Exterior Facades—Porch a. BASE STANDARD Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 100 total square feet of floor area. b. DESIRABLE DESIGN ATTRIBUTES: None. 5. Exterior Facades-Chimneys a. BASE STANDARD Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped and Fireplace chimneys shall incorporate a minimum of 40 percent stone, matching the accent exterior façade materials of the house for houses with Chimneys. 6. Roofs and Rooting-Roof Pitch a. BASE STANDARD All single family residential units shall have a minimum roof pitch of 8:12, with articulation, dormers or a combination of hip and gable roofing. A minimum roof pitch of 4:12 will be allowed over porches and patios. 12:12 ivinimutii Roof 4112 Pitch Allowed 8:12 .5 42 41412 2,12 b. DESIRABLE DESIGN ATTRIBUTES: None Development Agreement—Brookside Page 19 of 43 2700913 7. Roofs and Roofing-Roofing Materials a. BASE STANDARD All single family residential units shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents,and other rooftop accessories are to be painted to match the roof shingle color. b. DESIRABLE DESIGN ATTRIBUTES: None 8. Roofs and Roofing-Roof Eaves L. BASE Sl'ANDARD No wood fascia or soffits are permitted. b. DESIRABLE DESIGN ATTRIBUTES: None 9. Repetition of Residential Unit Designs—Repetition of Floor Plan and Elevation a. BASE STANDARD A minimum of five platted residential lots must be skipped on the same side and three lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical(or nearly identical)street elevation design.The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. In the event a single family residential unit with an identical (or nearly identical) street elevation is repeated within seven (7) platted lots on the same side of the street or five (5) lots on the opposite side of the street, the masonry's primary color may not match that of the identical (or nearly identical)street elevation. Development Agreement—Brookside Page 20 of 43 2700913 I . _L•—L— I ' 1— ' ' —150 r—r•—1— —1—•— . . NO 7 id 5 4t3 2 1 I 1 .12 ,17141516171 3 lot i skipp d opp e of street • •—1—• 5 lot skiI same side of street ‘, 1 T I FI-1 I 7 5141 3 1 2 1 1 2 3 4 5 6 7 NO I .1 II 1 1 I I 1 PK 1 I 1 I 1 I I I 1—'I—I* -r i I I i -1—'• I Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. DESIRABLE DESIGN ATTRIBUTES: None 10. Garage Entry a. BASE STANDARD Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 400 square feet. b. DESIRABLE DESIGN ATTRIBUTES: None 11. Dwelling Size a. BASE STANDARD The minimum square feet of floor space shall be (a maximum of 25°A) of the houses 1,600 s.f., (a minimum of 75%)of the houses 2,000 s.f. measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing a. BASE STANDARD (I) Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with minimum 50 percent transparency constructed of wood or wrought iron. Development Agreement—Brookside Page 21 of 43 2700913 (2) Side and rear yard fences (if provided) shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (3) Pressure treated wood is prohibited. (4) Fences shall be constructed of decorative iron next to public open space, and shall be minimum 4 ft in height. b. DESIRABLE DESIGN ATTRIBUTES None 13. Landscaping a. BASE STANDARD (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. (3) Each residential dwelling unit shall have an automated, subsurface irrigation system. b. DESIRABLE DESIGN ATTRIBUTES None. 14. Outdoor Lighting a. BASE STANDARD All residential dwelling units shall have an illuminated standard porch light at the front entry. b. DESIRABLE DESIGN ATTRIBUTES None. 15. Conservation/Sustainability a. BASE STANDARD Each residential dwelling unit must comply with the Energy component of the Building Code. b. DESIRABLE DESIGN ATTRIBUTES None Development Agreement—Brookside Page 22 of 43 2700913 EXHIBIT E NOTICE OF CONFIDENTIALITY Rictus: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMA DON FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROiLuIV BEFORE I r Is FILED FOR RECORD IN THE PUBLIC RECORDS; YOUR SOCIAL SECURITY NUMBER OR Y01111 DRIVERS'LICENSE NUMBER. After Recording Return to: City of Wylie Attention'City Manager 300 Country Club Road Wylie,Texas 75095 AGREEMENT TO RELOCATE SEWER FACILITIES This Agreement to Relocate Sewer Facilities("Agreement")is made and entered into by and among John Englar and Yanyu Doan or their assigns (collectively, "Developer") and the City of Wylie,Texas("aq."),Developer and City are sometimes referred to herein,individually or collectively,as the case may be,as a"Party"or the"Parties," RECITALS WHEREAS, Developer is the sole owner and the developer of approximately 14.599 acres of real property located within the extrateniturial jurisdiction of the City,more particularly described on Exhibit A attached hereto(the"Property");and WHEREAS,Develope.r is proposing a residential development on the Property and seeks City's approval of a preliminary plat for the proposed development("Project");and WHEREAS,the City currently holds a certificate of convenience and necessity for sewer service that includes the Properly,so the City would be the provider of sanitary sewer service for the proposed development;and WHEREAS,the City currently has a 24-inch sewer line("Existing Sewer Line") and a 30-foot sewer casement on the Property("Existing Easement")in the location generally depicted on Exhibit B attached hereto;and WHEREAS, Developer has asked the City to allow Developer to realign the Existing Sewer Line and relocate the Existing Easement on the Property to accommodate the proposed development on the Property;and WHEREAS,the Parties have agreed that Developer may realign the Existing Sewer Line and relocate the Existing Easement en the Property at Developer's sole cost and expense as a condition of City's approval of a final plat for the Property and as more specifically set forth in, and subject to the terms and conditions of,this Agreement. NOW,THEREFORE, for and in consideration of the mutual rights and obligations set forth herein,the Parties hereby covenant and agree as follows: I, Realignment and Relocation.The Parties acknowledge and agree that Developer will be Agreement to Relocate Sewer Facilities Page 1 of 21 2672611 Development Agreement—Brookside Page 23 of 43 2700913 required to realign the Existing Sewer Line and relocate the Existing Easement at the approximate location shown on Exhibit C attached hereto in order to accommodate Developer's proposed development. As a condition of City's approval of a final plat for the Property,Developer shall complete all actions necessary to realign the Existing Sewer Line and relocate the Existing Easement at Developer's sole cost and expense. 2. Dedication of New Easement.In the event that Developer completes the relocation of the Existing Easement and the realignment of the Existing Sewer Line in accordance with this Agreement,the City will abandon the Existing Easement and Developer will dedicate to the City, and the City will accept, a new 30-foot sanitary sewer easement ("New Easement")on the Property,in the location shown on Exhibit C attached hereto,via the final plat for the Property to allow for the constructing, reconstructing, operating, repairing,enlarging,re-building,replacing,relocating,altering,removing and perpetually maintaining of the Improvements(as defined herein). The City shall not be required to abandon the Existing Easement unless and until Developer dedicates to the City the New Easement and completes the Improvements in accordance with this Agreement. Developer shall: (i)dedicate the New Easement free and clear of any liens,attachments and encumbrances; and (ii) secure the authorized signatures of any person or entity deemed necessary by City to consent to the dedication of the New Easement. Nothing in this Agreement may be construed or interpreted to waive, minimize, replace, negate, void,invalidate or otherwise modify in any way any requirement or obligation under any City ordinance,regulation or standard,including but not limited to the City's Subdivision Regulations,as they exist or may be amended,for the dedication,grant or conveyance of any type of easement rights and/or fee simple right-of-way required as part of any development or redevelopment of the Property or any portion thereof. Moreover,nothing in this Agreement may be construed or interpreted to waive,minimize, replace,negate, void, invalidate or otherwise modify in any way City's authority and right to require Developer to convey easement rights,fee simple right-of-way or other property interests pursuant to City's condemnation authority. 3. Design and Construction of Improvements. (a) As a condition of City's approval of a final plat for the Property,Developer,at Developer's sole cost and expense, shall design and construct a new 24-inch sanitary sewer line and all necessary appurtenances thereto within the New Easement and shall connect the new line to the City's sewer system(collectively, "Improvements").The Improvements shall replace the Existing Sewer Line. (b) Developer shall cause the design and construction of the Improvements in a good and workmanlike manner and in accordance with all State and City laws, ordinances,rules and regulations,as they exist or may be amended,relating to the design and construction of public facilities (collectively, "Construction Requirements"). Developer shall submit to City the designs, plans and specifications for the Improvements in compliance with this Agreement and all Construction Requirements(collectively, "Plans"). The Plans must be approved, in writing, by City (collectively, "Approved Plans"), before Developer begins Agreement to Relocate Sewer Facilities Page 2 of 21 267263i Development Agreement—Brookside Page 24 of 43 2700913 construction of the Improvements, Developer shall provide to City, at Developer's sole cost and expense, all engineering drawings and documents necessary to construct the Improvements,including the Approved Plans,without any restrictions on City's use of such drawings and documents, The Property shall he accessible by City and its employees, agents and contractors for the purpose of inspecting the Improvements,and the construction thereof,at all times. (c) The Improvements must be completed,finally accepted by City and conveyed to City in accordance with this Agreement,the Approved Plans and the Construction Requirements (collectively, "City's Final Acceptance"). Developer must complete the Improvements, comply with all obligations under this Agreement and obtain City's Final Acceptance of the Improvements before, and as a condition of,City's approval of the final plat on the Property. (d) 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 (collectively,the"Bonds")shall be provided by Developer to City. (ii) Before commencing construction of the Improvements, Developer shall cause to be 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 estimated costs to complete the Improvements to ensure City is indemnified; (A)against any claims for nonpayment of any part of the construction or work performed in connection with the Improvements; and (B) for the completion of the Improvements in accordance with this Agreement. Prior to City's Final Acceptance of the Improvements, Developer shall cause to be delivered to City a two (2)year maintenance bond in an amount equal to one hundred percent(100%)of the amount of the estimated costs to complete the Improvements to ensure the repair or remedy of any maintenance issues City may have regarding the Improvements after City's issuance of City's Final Acceptance of the same. (iii) The Bonds 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 City; and (D)-in compliance with any other City requirements relating to such bonds. (e) Before commencing construction of the 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 Improvements (collectively, "Developer Contractor"); Agreement to Relocate Sewer Facilities Page 3 of 21 2672631 Development Agreement Brookside Page 25 of 43 2700913 (i) "All warranties provided to [Developer]shall inure to the benefit of the City of Wylie,Texas for all purposes:" (ii) "[DEVELOPER CONTRACTOR] SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CitY OF WYLIE AND ITS CITY COUNCIL MEMBERS,OFFICERS, AGENTS AND EMPLOYEES 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] IN CONNECTION WITH [THE IMPROVEMENTS], WHETHER SUCH ACTIONS OR OMISSIONS WERE INTENTIONAL OR UNINTENTIONAL. 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 SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT." (t) As an additional condition of City issuing City's Final Acceptance of the Improvements, Developer shall transfer and deliver to City all manufacturers' warranties, with City being the beneficiary thereof, for all products,materials and elements of the Improvements. This Section 3(f)shall survive the termination or expiration of this Agreement. (g) The Parties agree that the Improvements shall be constructed and completed in one phase.Upon City's Final Acceptance of the Improvements,the Improvements shall become the sole property of City. (h) As an additional condition of City issuing City's Final Acceptance of the Improvements, Developer shall tender to City evidence, in a form reasonably acceptable to City, that all of the design and construction costs of the 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 City("Evidence of Payments"). (i) Developer,at its sole cost and expense,shall take all actions necessary to ensure that the sanitary sewer service provided or facilitated by the Existing Sewer Line is not interrupted, limited or diminished, in whole or in part, at any time during construction of the Improvements or before City's Final Acceptance of the Improvements. Developer acknowledges and agrees that if Developer fails to comply with this Section 3(i), City will sustain actual damages. The exact Agreement to Relocate Sewer Facilities Page 4 of 21 2672631 Development Agreement—Brookside Page 26 of 43 2700913 amount of such damages will be difficult to ascertain. Therefore, the Parties agree that if Developer fails to comply with this Section 3(i),then Developer shall promptly pay City the sum of Two Thousand and No/100 Dollars($2,000.00)for each calendar day in which the sanitary sewer service provided or facilitated by the Existing Sewer Line is interrupted,limited or diminished,in whole or in part, not as a penalty but as liquidated damages for the damages that would be suffered by City as a result of such interruption, limitation or diminution for each and every calendar day that such interruption, limitation or diminution occurs, in addition to any other remedy available to City. Developer, at Developer's sole cost and expense, shall remove and lawfully dispose of the Existing Sewer Line facilities as a condition of City's issuance of City's Final Acceptance of the Improvements. This Section 3(i)shall survive the termination or expiration of this Agreement. 4, Liability. To the fullest extent permitted by law, Developer shall be fully and solely responsible and liable for its own acts and omissions, including those of its officers, agents, representatives, employees, subcontractors, licensees, invitees and all other parties performing works for or on behalf of Developer under this Agreement. City assumes no such responsibility or liability. City shall have no such responsibility or liability to either Developer or its officers, agents, representatives, employees, subcontractors,licensees,invitees or other persons. 5. Compliance with Laws;Standard of Care. Developer shall comply with all federal,state and local laws, statutes, ordinances, regulations and policies, as they exist, may be amended or in the future arising, applicable to Developer's work under this Agreement Developer shall ensure that Developer's officers, agents, representatives, employees, subcontractors, licensees,invitees and other parties performing services for or on behalf of Developer under this Agreement comply with all applicable laws,statutes,ordinances, regulations and policies, If Developer observes or is notified that the work under this Agreement is at variance with applicable laws, statutes, ordinances, regulations and policies,Developer shall immediately notify City in writing. 6, Default. (a) Except as otherwise provided in this Agreement, if Developer fails to comply with any provision of this Agreement,and such failure is not cured within thirty (30) days after Developer receives written notice of such failure from City, then City shall have the following remedies, in addition to City's other rights and remedies: (i) to terminate this Agreement;and/or (ii) to withhold any plat approvals or other development permits necessary for the development of the Property;and/or (iii) to seek specific performance of this Agreement. Agreement to Relocate Sewer Facilities Page 5 of 21 267201 Development Agreement—Brookside Page 27 of 43 2700913 (b) If City fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty(30)days after City receives written notice of such failure from Developer,then Developer may seek specific performance of this Agreement as Developer's sole and exclusive remedy. 7. Limitation of Liability; Limitations of Agreement. Notwithstanding anything to the contrary herein, the Parties agree and acknowledge that City shall not, under any circumstance, be required to tender, or be liable to Developer for, any credit, reimbursement or payment of any monies with regard to the matters set forth herein. The Parties acknowledge that this Agreement is limited to the matters expressly set forth herein. City ordinances covering property taxes,utility rates,permit fees,inspection fees, development fees,impact fees,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 City under any applicable ordinance,whether now existing or in the future arising. 8. Covenant Running with the Land. The land that is subject to this Agreement is the Property. Developer represents that it is the sole owner of the Property.This Agreement shall be a covenant running with the land and all portions of the Property,and shall be binding on Developer and Developer's successors and assigns. In addition,the Parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas,within five(5)days of the Effective Date(hereinafter defined)of this Agreement. 9. 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 electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such Party 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: If to City,addressed to it at: City of Wylie Attention:City Manager 300 Country Club Road Wylie,Texas 75098 Telephone: (972)516-6000 Email:chris.holstedQwvlietexas.gov With a copy to: Abernathy,Roeder,Boyd&Hullett,P.C. Attn:Ryan D.Pittman Agreement to Relocate Sewer Facilities Page 6 of 21 2672631 Development Agreement—Brookside Page 28 of 43 2700913 1700 Redbud Blvd.,Suite 300 McKinney,Texas 75069 Telephone:(214)544-4000 Email: ruitttman(a4abernatlty-law.c►om If to Developer,addressed to them at: John Engler and Yanyu Duan 503 Stonehedge Drive Wylie,Texas 75098 10, Indemnity. (a) DEVELOPER SHALL RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS CITY 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),TO THE EXTENT CAUSED,IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF DEVELOPER IN DEVELOPER'S PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY DEVELOPER PURSUANT TO TIIIS AGREEMENT,REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF CITY (COLLECTIVELY, "CLAIMS"). 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 CITY 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 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 AND DEVELOPER'S EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH DEVELOPER, 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, AND/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 IS EXPRESSLY REQUIRE➢TO DEFEND CITY AGAINST ALL SUCH CLAIMS. Agreement to Relocate Sewer Facilities Page 7 o121 20263 Development Agreement—Brookside Page 29 of 43 2700913 (b) IN ITS SOLE DISCRETION,CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO RE RETAINED BY DEVELOPER IN FULFILLING DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING, CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER,CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF DEVELOPER'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF DEVELOPER'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. DEVELOPER SHALL RETAIN CITY- APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. (c) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION 10 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. 11. Acknowledgement of Citv's Compliance with Federal and State Constitutions, Statues and Case Law and Federal, State and Local Ordinances, Rules and Regulations°, Develoner'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 CITY FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL,STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (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 DEVELOPER'S DEVELOPMENT PLACES ON CITY'S INFRASTRUCTURE. Agreement to Relocate Sewer Facilities Page 11 of 21 2672631 Development Agreement—Brookside Page 30 of 43 2700913 (iii) DEVELOPER HEREBY RELEASES CITY 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 PURSUANT TO THIS AGREEMENT. (iv) DEVELOPER HEREBY AGREES THAT ANY PROPERTY WHICH IT CONVEYS TO CITY PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE BENEFIT RECEIVED BY DEVELOPER FOR SUCH LAND, ANT) 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 CITY RELATIVE TO SAID CONVEYANCE ARE RELATED BOTH IN NATURE AND EXTEND TO TILE IMPACT OF THE DEVELOPMENT OF DEVELOPER'S ADJACENT PROPERTY ON CITY'S INFRASTRUCTURE. DEVELOPER AND CITY 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 DOLAIV I.CITY OF TIGARD, 512 U.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 RELATED TO THIS AGREEMENT. (v) DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO, DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO THIS SECTION 11. (b) DEVELOPER RELEASES CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS RELATED TO THIS AGREEMENT. (C) DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST CITY FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION RELATED TO THIS AGREEMENT. (d) THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights on the Property,or any portion thereof. 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 City with fair notice of any project of Agreement to Relocate Sewer Facilities Page 9 of 21 2672631 Development Agreement—Brookside Page 31 of 43 2700913 Developer. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE. AS AMENDED, ARISING OUT OF ANY ACTS OR OMISSIONS UNDER THIS AGREEMENT. THIS SECTION 12 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. 13. Condemnation Procedures/Rights Waiver, As ADDITIONAL CONSIDERATION FOR Tlik 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. 14. Attorneys' Fees. If either Party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and City, 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. 15, Warranfies/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 on by the other Party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either Party. 16, 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. 17. 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 performable 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, 18. Consideration. The Parties acknowledge and agree that this Agreement is executed without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. 19. 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. 20, Authority to Execute. The individuals executing this Agreement on behalf of the Agreement to Relocate Sewer Facilities Page 10 of 21 267263 Development Agreement—Brookside Page 32 of 43 270091 3 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 that such authorization is valid and effective on the effective date of this Agreement. 21. Saving4everahility, 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. 22. 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. 23. 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. 24. Assi nm n .ffect. (a) This Agreement is assignable,in whole or in part,on 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 City(such approval not to be unreasonably withheld); (ii) the Assignment must expressly contain, among any other reasonable requirements or conditions of City, an acknowledgment and agreement that all obligations,covenants and conditions contained in the Agreement will be assumed solely and completely by the assignee, and the contact name,address,phone number and electronic mail address of the assignee; (iii) Developer will file any approved, executed Assignment in the Real Property Records of Collin County,Texas;and (iv) Developer shall provide City with a file-marked copy of the Assignment within ten(10)days of filing the same,and until City receives said file- marked copy of the Assignment as provided herein, City shall not,under Agreement to Relocate Sewer Facilities Page ii(421 167263 Development Agreement—Brookside Page 33 of 43 2700913 any circumstance,reagnie said Assignment; (b) This Agreement,shall be binding on and inure to the benefit of Developer and City and their respective successors and assigns. 25. ffidemnification, The Partin agree that the indemnity provisions set forth in Sections 10 and 11 herein are conspicuous,and the Parties have read and understood the same. 26. 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, t any time,shall not in arty way affect, limit or waive such Party's,-right thereafter to enforce and compel strict compliance. 27. humanity, It is expressly understood and agreed that, in the execution and performance of this Agreement,City has not waived,nor shall he deemed hereby to have waived,any defense or immunity, including govcrnrrtentat, sovereign and official immunity, that. would otherwise be available to it against claims arising in the exercise of governmental powers and functions other than specific performance of this Agreement. By entering into this Agreement,the Parties do not create any obligations,express or implied,other than those set forth herein, 2 , Reftr re to Developer; When referring to an"Developer"herein,this Agreement shall refer to and be binding upon each of the Developers, jointly and severally, and Developer's officers,directors,partners,employees,representatives,contractors,agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and/or any other third parties for whore 131eveloper is legally responsible. 29, Reference to City, When referring to"City"herein,this Agreement shall refer to and he binding upon City, its Council Members, officers, agents, representatives, crnplrryecs and/or any other authorized third parties for whom City is legally responsible: 30, 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 either Party shall not apply; Headings s in this Agreement am for the convenience of the Panties and are not intended to be used in construing this document; [Signatures appear on the next pagej Agreement to Relocate Sewer Facilities Page 1 itt2 267201 Development Agreement- Brookside Page 34c44 2700911 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"). Developer: City: JOHN ENGLAR CITY OF WYLIE,TEXAS i 0 ga f/ By;_.,,Arh, By: Nam . Chris Hoisted,City Manager Date: Date: -`a-3-20/ YANYU DUAN ATTEST: By: Nance: p { Stephanie Storm,City Secretary Date:, Agreement to Relocate Sewer Facilities Page 13 of 21 2672631 Development Agreement Brookside Page 35 of 43 2700913 STATE OF Tew.J_ _ § COUNTY OF Jt 1.,? § BEFORE ME,the undersigned authority,on this day personally appeared John Englar, known to me to be one of the persons whose name is subscribed to the foregoing instrument;and that he executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this43 day of rt,b ,2019. oTRACY SHEARER a r ruauewtiw OF TEXAS Notary Pu ic,Stat e of`te 't ..Yco.EXR 0t-1 2020 �� neTAnwia92emas-a My Commission Expires: O la STATE OFF § § COUNTY OF brxilt..5 § BEFORE ME,the undersigned authority, on this day personally appeared Yanyu Duan, known to me to be one of the persons whose name is subscribed to the foregoing instrument;and that 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 ,2019. ,, RACY SHEARER Notary Public,State off" ea' 1 •NOTARY POEM-SUM ar'TEXAS' My Commission Expires:01,--t -map 1 \`' COMM.EAR.09•t3-2020 -, "' h'!D ima7205-11 5'f{1i. 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 ,2019.. Notary Public,State of Texas My Commission Expires: Agreement to Rctaeate Sewer Facilities page 14 o121 2672631 Development Agreement—Brookside Page 36 trf 43 2700913 Exhibit A Property Description All that tract of land in Collin County,Texas,out of the Francisco De La Pine Survey,A•688,being all of that called 5,365 acres of land described in a deed to John Reschke as recorded tender CC#200811180913417611 of the Official Public Records of Collin County,Texas,and being all of that called 9.184 acres of land described in a deed to John Frederick Reschke II as recorded under CC$I 20100521000511250 of the Official Public Records of Collin.County,Texas,and further described as follows; BEGINNING at a 3/8 Inch steel rod found on the North line of Stone Road,at the Southwest corner of said 5.365 acres,and at the Southeast corner of that called 2.996 acres of land described In a deed to Randall D. Grubbs,Brenda G. Grubbs, and Kyle Dwayne Clark as recorded under CC#20130122000092780 of the Official Public Records of Collin County,Texas, from which a 1/2 inch steel rod found bears North 89 degrees 52 minutes 24 seconds West,499.30 feel for witness; THENCE North 00 degrees 09 minutes 32 seconds East,522.63 feet to a 3/8 inch steel rod found at an ell corner of said 5.365 acres,and at the Northeast corner of said 2.996 acres,from which a 1I2 inch steel rod. found at the Northwest corner of said 2.996 acres bears North 89 degrees 51 minutes 47 seconds West,249,44 feet for witness; THENCE North 89 degrees 51 minutes 47 seconds West, 500.37 feet to a 518 inch steel rod set capped "Boundary Solutions"at the Westerly most Southwest corner of said 5,365 acres,at the Northwest corner of that called 1.50 acres of land described in a deed to Wendell H.Daniel as recorded in Volume 5312,Page 5682 of the Land Records of Collin County,Texas,and on the East line of that called 4.892 acres of land described in a deed to Frank Solla and wife,Julia Soils as recorded in Volume 5135,Page 3349 of the Land Records of Collin County,Texas,from which a 1/2 inch steel rod found at the Southeast corner of said 4.892 acres hears South 00 degrees 00 minutes 00 seconds East,174.98 feet for witness; THENCE North 00 degrees 00 minutes 00 seconds East(Bearing Basis),675.80 feel to a 1/2 inch steel rod found at the Northwest corner of said 9.184 acres,at the Northeast corner of said 4.892 acres,and on the South line of that called 5.00 acres of land described in a deed to Guy L. Cates as recorded under CCII 20070627000881390 of the Official Public Records of Collin County,Texas,from which a 3/8 Inch steel rod found bears North 89 degrees 59 minutes 25 seconds West,375.43 feet for witness; THENCE South 89 degrees 59 minutes 25 seconds East,745.17 feet to a point at the Northeast corner of said 9.184 acres,and at the Southeast corner of said 5.00 acres,from which a nail found bears South 17 degrees 59 minutes II seconds West,0.92 feet for witness,and from which a 1/2 inch steel rod found bears South 00 degrees 17 minutes 47 seconds East,246.31 feet for witness; THENCE South 00 degrees 17 minutes 47 seconds East, 1200,07 feet to a 5/8 inch steel rod set capped "Boundary Solutions"on the North line of Stone Road,at the Southeast corner of said 9.184 acres,and on the West line of that called 2.026 acres of land described In a deed to Christopher D.Pollard as recorded in Volume 32%,Page 223 of the Deed Records of Collin County,Texas; THENCE North 89 degrees 52 minutes 24 seconds West,252.46 fed along the North line of said Stone Road to the POINT OF BEGINNING,containing 14.606 acres of land,more or less. Agreement to Relocate.Sewer Facilities Page 15 of 21 2672631 Development Agreement—Brookside Page 37 of43 2700913 Exhibit Depiction(of Existing er Line and Existing Easement EXHIBIT ia ,a �., t1=apt Jietssisseiesi 83t— @886.287 SEWER EASEMENT tat Tie arATECI TOM rs Ats MON BY Ten PASAVAIA1 otaarryof That,Jan F.alanaaka and apaaaan, as to to as" dt)..tat art I'CWWWWIVith at ha m atOM AND t.Vtt@3 'a aaai dadd goad and atlas**,aatablatadanba a ay MO OtttatWAMA UMW, MAUFACOdalgotalgsa t 'City*tool as Coal MAMA,TOM(15555010A4550A1A4 as hatabV Vant Aar Otantat L a a Rea'l,'aa�. dosatod an trootoi"'hd °Toorom data a as aaa:...r r.. ...atria',mac mia tale Otoroa as aia two* , *Statar Una,. to tear.atind dm aatt to mt ooduotoo 7 da Isla. ay IN woo Nod a n a I AA real PANAY 14051151AAAA3akat ad adati dad or d am-i Eaddrada atapetty l'aa ay a a,l PAAAISA1i sPAA5A55AA t000mooh Rattarly and'Au'a pa i*Pat,as0 as Ida" ant pre tin pd of soy t.,;..,wiota*toWoO ... *owned 040 SimA111A5A5 IAA VeltAAway Eastalat the1A5AAAA5 wet Ate esAft,1155 to ttan Ma data harlot,as itl daa aaaapt'hsn IL a OtiF at inn&VW I. 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KAMM IIIMILOOPPO and coviatalao 3021more Om of P Tho ton ottmg, oaritt1 ttlitigttt W MCE,RfiR.Mtn 9nm,OttP4tTmT PAttP OAP/UPI Mott aaa;a l4 P.p.Magi; PitOr.P.Sat#: Agrentieta f a 1 ef£Peakte S Wer Fxr11tt1EP: Page eg 01111 Development Agreement—Brooltside Page 40 ol°43 270091 ra�aaxarr ,r 0 40. 0.^...4 tcc sat aco- .Td to l at to 1, I 1 III .1. of n kR r p i nareart Ana,ao en pop la2P40 r^^ iActoxbGc couat tan,tPOSti Yb7 Datat clotato co 40400 Viadr,taco 144,a Pt 5 Agreement to Relocate Sewer Facitillct Pogo 19 6121 Development Agreentent—Brookside large 41 of 43 270001 4817 0166 mprzpttttvt-rwa AN 9 2991 094A— millirtnat am... 1.4 9990 9999999 Agrooment to Relevate Sewer Patilitiee Page 20 or 21 2979631 611004362-31$15v.3 2/6/2019 Development Agreement Brookside Page 42 of 43 2700913 Exhibit C Depiction of Location of the improvements and New Easement I 1 ill'i I i i EXHIDIT'V I 111 141 I I 1 I S i 14 1 fli I-'0 i 1 )1. WI ' 1 f j)1 1,,,ik.,111;11,,',11-1,,, 1, P / w 111 ...Ell z f lifi 1111 1 1 11/111111U1111/fir ciilf).!181,3 1 11 111;1111 111 I" 1 liritl 11-11M li° sib 111;Aili 1P1 ii 1 ail 111)I '0iii i tbli., P.—, r: i toil p 4 1 1 1 ci r 1 1, t, ,1 i____ , !! v I' ,toi . -----L.._.. _l_.___..,_ri V -1---1 PROPOSED SEWER '.'. II 1 1 1 nr,ALIGNKEPIT r liiii ! 11.114 ! liti ,, i iri, ; 1 , / ..... il 1 , i ; . .i.. i,:t !,. ,,„ ,,, ; ill, , IIm r-,..--.1 ,,,Thi, ,i, LI . ,--------k—: Rat [ 11 a . . i. u -'.--, --t. - -A\,,,-,. .\„,-4-;.,t_;.---, .1... .1.. - .1 uu 1 i i ,,:i IN., I 1 it // a .1 „ r lilt II I ::I , 1 , . ' I ',- ^ ISM TEsir II ! i, - , 4 1- 1 , .-1 1311DIM v. '1 ICE EASEMENT '" r nal 1% , illa 11 (RAICKE 0)-- - - --'''-r a' " . --!, ,Mil NI,,—._ ,, ,t_ I -. !:_ ,, z ;1; Iill! ,... _ _A ___ II 11. T , it 1 Oililil'illo Illi:!11'::"i-illuil"wlui• I, I 41 1 4, 4 4,4•4 4 4 I t4 pi 4 4, I f 4 1 ii •. -,.a ‘110),1111:11,1);;;;PA)1Iisis;;;;)slIplii 71A11,11.1,,1111:11,1111,11,1•0...“,'“,1-.1771; t:r. VI --- ./I21, is04,1 J.,, . ,. Agreement to Relocate Sewer Facilities Page 21 out 267201 4840-4362'3815v3 2/6/2019 Development Agreement—Brookside Page 43 of 43 2700913 Wylie City Council oF 1 AGENDA REPORT Meeting Date: June 25, 2019 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: June 17, 2019 Exhibits: 1 Subject Consider, and act upon, authorizing the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to relocate a sanitary sewer line and sewer easement within property located in the City's Extraterritorial Jurisdiction (ETJ),located at 2121 E. Stone Road. Recommendation Motion to authorize the City Manager to sign an Agreement between John Englar and Yanyn Duan or their assigns and the City of Wylie to relocate a sanitary sewer line and sewer easement within property located in the City's Extraterritorial Jurisdiction(ETJ), located at 2121 E. Stone Road. Discussion APPLICANT: Trey Wallette for Skorburg Company The applicant is proposing a 14.599-acre residential development consisting of 62 residential lots. The property is in the City's ETJ in the county of Collin. The agreement sets forth the Developer obligations for the realignment and relocation of a 24-inch sewer line and a 30- foot sewer easement. The City currently holds a certificate of convenience and necessity for sewer service that includes the property. The City would be the provider of sanitary sewer service for the proposed development. Approval of the agreement should be conditioned on the approval of the Annexation Agreement. Page 1 of 1 NOTICE OF CONFIDENTIALITY Rrotrrsi IF YIIIIARE A nJATIAIc o PERSON,YOU MAY REMOVE: OR STRIKE ANY OR ALL OF THE FOLLOWING'INPOIIMA"rnO\ FROM lPIY INSTIItIM t,I THAT IaS iIIS AN INTEREST IN REAL PROPERTY III?t'r}III:Ir Is ciLFII FOR RECORD IN THE POETIC ftrt^chills: Vona 50CIAL SECITRITY NUMBERd3n VOInt mitering'LICENSE Nonni. Attar,Recording Room Iced City or Wylie ,Auciitioni City Manager SOO Cooney(lion ttranct Wylie,Texas 7509 AGREEMENTTO RELOCATESEWER FACILITIES l`his Agreement to Relocate Sewer Facilities(" rttemenl")is made and entered into by and among John LIIglar and Yonyu Doan or their assigns (collectively, "Developer"")and the City of Wylie,Texas("City).Developer and City are sometimes referred to herein,individually or collectively,as the ease maybe,as a"Pail „or the"Pantie," RECITALS WHEREAS; Developer is the sole owner and the developer of approximately I d.5 p acres of real property located within the extraterritorial jurisdiction of the City,more particularly described on flit A attached hereto(tile"Pru n rty",);and WHEREAS;Developer is proposing a residential development on the Property and seeks ity's approval of a preliminary plat for the proposed developrrlent("Project");and WHEREAS,S,the Litt currently hand,a certificate of convenience and necessity for sewer service that includes the property,so the City would be the provider of sanitary sewer service for the proposed development;and WHEREAS,the City currently has a 24linch sewer line('i ° . I r Line")acid a 30-foot sewer~casement on the Property Existing I^lascrnenl")in the location generally depicted on Exhibit II attached hereto;and WHEREAS, Developer has asked the City to allow Developer to realign the Existing= Sewer line and relocate the Existing asn:Lni_nt on the Property to accommodate the,proposed development on the Property;and WHEREAS,the Parties have agreed that Developer roily realign the Existing Sewer Line and relocate:the Existing Easement on the Property at Developer's sole cost and expense as a condition of ity's approval of a final plat for the Property and as more specifically set forth in; and subject to the terms and conditions of,this Agreement NOW,THEREFORE, for and in consideration of the mutual rights ailed obligations set forth herein,the Parties hereby covenant and agree as follows; I. Realignment and.I cIn ti ii. I IC parties acknowledge and agree dial Developer will be Agreement to Relocate Steer Pac#llttes Paige I of 21 required to realign the Existing Sewer Line and relocate the Existing Easement at the approximate location shown on. Exhibit.C attached hereto in order to accommodate Developer's proposed development. As a condition of City's approval of a final plat for the Property,Developer shall complete all actions necessary to realign the Existing Sewer Line and relocate the Existing Easement at.Developer's sole cost and expense. 2, Dedjcation of New Easement.In the event that Developer completes the relocation of the Existing Easement and the realignment of the Existing Sewer Line in accordance with this Agreement,the City will abandon the Existing Easement and Developer will dedicate to the City, and the City will accept, a new 30-foot sanitary sewer casement ("New Easement")on the Property,in the location shown on Exhibit C attached hereto,via the final plat for the Property to allow for the constructing, reconstructing, operating, repairing,enlarging,re-building,replacing,relocating,altering,removing and perpetually maintaining of the Improvements(as defined herein). The City shall not be required to abandon the Existing Easement unless and until Developer dedicates to the City the New Easement and completes the Improvements in accordance with this Agreement, Developer shall:(i)dedicate the New Easement free and clear of any liens,attachments and encumbrances; and (ii) secure the authorized signatures of any person or entity deemed necessary by City to consent to the dedication of the New Easement. Nothing in this Agreement may be construed or interpreted to waive, minimize, replace, negate, void,invalidate or otherwise modify in any way any requirement or obligation under any City ordinance,regulation or standard,including but not limited to the City's Subdivision Regulations,as they exist or may be amended,for the dedication,grant or conveyance of any type of easement rights and/or fee simple right-of-way required as part of any development or redevelopment of the Property or any portion thereof. Moreover,nothing in this Agreement may be construed or interpreted to waive, minimize,replace, negate, void, invalidate or otherwise modify in any way City's authority and right to require Developer to convey easement rights,fee simple right-of-way or other property interests pursuant to City's condemnation authority. 3. Design and Construction of Improvements. (a) As a condition of City's approval of a final plat for the Property, Developer,at Developer's sole cost and expense, shall design and construct a new 24-inch sanitary sewer line and all necessary appurtenances thereto within the New Easement and shall connect the new line to the City's sewer system(collectively, "Improvements").The Improvements shall replace the Existing Sewer Line. (h) Developer shall cause the design and construction of the'Improvements in a good and workmanlike manner and in accordance with all State and City laws, ordinances,rules and regulations,as they exist or may be amended,relating to the design and construction of public facilities (collectively, "Construction Requirements"). Developer shall submit to City the designs, plans and specifications for the Improvements in compliance with this Agreement and all Construction Requirements(collectively,"Plans").The Plans must be approved, in writing, by City (collectively, "Approved Plans"), before Developer begins Agreement to Relocate Sewer Facilities Page 2 of 2t 2672631 construction of the Improvements, Developer shall provide to City, at Developer's sole cost and expense, all engineering drawings and documents necessary to construet the Improvements,including the Approved Plans,without any restrictions onCity's use of such drawings and documents. The Property shall be accessible by City and its employees, agents and contractors for the purpose of inspecting the Improvements,and the construction thereof,at all tunes; (c) The Improvements must be completed,finally accepted by City and conveyed to City in accordance with this Agreement,the Approved Plans and the Construction Requirements (collectively, "City's Final Acceptance") Developer must complete the Improvements, comply with all obligations under this,Agreement and obtain City's Final Acceptance of the Improvements before, and as a condition of;City's approval of the final plat on the Property: (d) Bonds. (i) Evidence of any bonds required by Section 212.073 of the Texas f oeal Government Code, as amended, other applieat-as law or this Agreement (collectively,the"Band ")shall be provided by Developer to City. (ii) Before commencing construction of the Improvements, Developer shall cause to be delivered a payment bond and a performance bond, each of which shall be in an amount equal to one hundred percent(I itO. )of the lonount of the estimated costs to complete the Improvements to ensure' City is indemnified:(a)against any claims for nonpayment of any part of the construction or work performed in connection with the Improvements; and (B) for the completion of the improvements in accordtmce with this Agreement, Prior to City's Final Acceptance of the Improvements, Developer shall cause to be delivered to City a ( )year maintenance bond in an amount equal to one hundred percent(I00lo)of the amount of the estinnated costs to complete the Improvements to ensure the repair or remedy of any maintenance issues City may have regarding the Improvements after City's issuance of City's Final Acceptance of the saute. (iii) The Bonds must be: (A) good and sufficient bonds;(lI) in the amounts prescribed herein; Cl( with a reputable and solvent corporate surety and in favor of City, and (D) in compliance with any other City requirements relating to such hoods. (e) Before commencing construction of the 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 Improvements (eollectively °Ievel ver Contractor") Agreement to Relocate Sewer Feeltlfies Page 3 of 21 2672631 (i) "All warranties provided to [Developer] shall inure to the benefit of the City of Wylie,Texas for all purposes." (ii) "[DEVELOPER CONTRACTOM SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF WYLIE AND ITS CITY COUNCIL MEMBERS,OFFICERS, AGENTS AND EMPLOYEES 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] IN CONNECTION WITH [THE IMPROVEMENTS], WHETHER SUCH ACTIONS OR OMISSIONS WERE INTENTIONAL OR UNINTENTIONAL. THE INDEMNITY PROVIDED HEREIN IS NOT INTENDED TO AND SHALL NOT, IN ANY WAY, CREATE ANY CAUSE OF ACTION FOR TILE BENEFIT OF THIRD PARTIES. THIS SECTION SHALL SURVIVE TIIE TERMINATION OF THIS AGREEMENT." (I) As an additional condition of City issuing City's Final Acceptance of the Improvements, Developer shall transfer and deliver to City all manufacturers' warranties, with City being the beneficiary thereof, for all products, materials and elements of the Improvements. This Section 3(f) shall survive the termination or expiration of this Agreement. (g) The Parties agree that the Improvements shall be constructed and completed in one phase.Upon City's Final Acceptance of the Improvements,the Improvements shall become the sole property of City. (h) As an additional condition of City issuing City's Final Acceptance of the Improvements, Developer shall tender to City evidence, in a form reasonably acceptable to City, that all of the design and construction costs of the 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 City("Evidence of Payments"). (i) Developer,at its sole cost and expense,shall take all actions necessary to ensure that the sanitary sewer service provided or facilitated by the Existing Sewer Line is not interrupted, limited or diminished, in whole or in pail, at any time during construction of the Improvements or before City's Final Acceptance of the Improvements. Developer acknowledges and agrees that if Developer fails to comply with this Section 3(ii, City will sustain actual damages. The exact Agreement to Relocate Sewer Facilities Page 4(421 2677631 amount of such damages will be difficult to ascertain. Therefore, the Parties agree that if Developer fails to comply with this Section 3(i),then Developer shall promptly pay City the sum of Two Thousand and No/100 Dollars($2,000.00)for each calendar day in which the sanitary sewer service provided or facilitated by the Existing Sewer Line is interrupted,limited or diminished,in whole or in part, not as a penalty but as liquidated damages for the damages that would be suffered by City as a result of such interruption, limitation or diminution for each and every calendar day that such interruption, limitation or diminution occurs, in addition to any other remedy available to City. Developer,at Developer's sole cost and expense, shall remove and lawfully dispose of the Existing Sewer Line facilities as a condition of City's issuance of City's Final Acceptance of the Improvements. This Section 3(i)shall survive the termination or expiration of this Agreement. A. Liability. To the fullest extent permitted by law, Developer shall be fully and solely responsible and liable for its own acts and omissions, including those of its officers, agents, representatives, employees, subcontractors, licensees, invitees and all other parties performing works for or on behalf of Developer under this Agreement. City assumes no such responsibility or liability. City shall have no such responsibility or liability to either Developer or its officers, agents, representatives, employees,. subcontractors,licensees,invitees or other persons. 5. Compliance with Laws;Standard of Care. Developer shall comply with all federal,state and local laws, statutes, ordinances, regulations and policies, as they exist, may be amended or in the future arising,applicable to Developer's work under this Agreement. Developer shall ensure that Developer's officers, agents, representatives, employees, subcontractors, licensees,invitees and other parties performing services for or on behalf of Developer under this Agreement comply with all applicable laws,statutes,ordinances, regulations and policies. if Developer observes or is notified that the work under this Agreement is at variance with applicable laws, statutes, ordinances, regulations and policies,Developer shall immediately notify City in writing. 6. Default. (a) Except as otherwise provided in this Agreement, if Developer fails to comply with any provision of this Agreement,and such failure is not cured within thirty (30)days after Developer receives written notice of such failure from City,then City shall have the following remedies, in addition to City's other rights and remedies: (i) to terminate this Agreement;and/or (ii) to withhold any plat approvals or other development permits necessary for the development of the Property;and/or (iii) to seek specific performance of this Agreement. Agreement to Relocate Sewer Facttities Page 5 of 21 (b) If City fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty(30) days after City receives written notice of such failure from Developer, then Developer may seek specific performance of this Agreement as Developer's sole and exclusive remedy. 7. Limitation of Liability; Limitations of Agreement. Notwithstanding anything to the contrary herein, the Parties agree and acknowledge that City shall not, under any circumstance, be required to tender, or be liable to Developer for, any credit, reimbursement or payment of any monies with regard to the matters set forth herein. The Parties acknowledge that this Agreement is limited to the matters expressly set forth herein. City ordinances covering property taxes,utility rates,permit fees,inspection fees, development fees,impact fees,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 City under any applicable ordinance,whether now existing or in the future arising. 8. Covenant Running with the Land. The land that is subject to this Agreement is the Property. Developer represents that it is the sole owner of the Property.This Agreement shall be a covenant running with the land and all portions of the Property, and shall be binding on Developer and Developer's successors and assigns. In addition,the Parties shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas,within five(5)days of the Effective Date(hereinafter defined)of this Agreement. 9. 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 electronic mail, with documentation evidencing the addressee's receipt thereof;or by delivering the same in person to such Party 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: If to City,addressed to it at: City of Wylie Attention:City Manager 300 Country Club Road Wylie,Texas 75098 Telephone: (972)516-6000 Email:chris.holsted(,wylietexas,gov With a copy to: Abernathy,Roeder,Boyd&I-lullett,P.C. Attn:Ryan D.Pittman Agreement to Relocate Sewer Facilities Page 6 of 21 1700 Redbud Blvd.,Suite 300 McKinney,Texas 75069 Telephone:(214)544-4000 Email:rpittman@abernathy-law.com If to Developer,addressed to them at: John Engler and Yanyu Duan 503 Stonehedge Drive Wylie,Texas 75098 10. indemnity. (a) DEVELOPER SHALL RELEASE, DEFEND,INDEMNIFY AND HOLD HARMLESS CITY 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),TO THE EXTENT CAUSED,IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT AND/OR INTENTIONAL WRONGFUL ACT AND/OR OMISSION OF DEVELOPER IN DEVELOPER'S PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY DEVELOPER PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF CITY (COLLECTIVELY, "CLAIMS"). 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 CITY 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 ACTION OF EVERY KIND AND NATURE,KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR MUSING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN DEVELOPER AND DEVELOPER'S EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH DEVELOPER, 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, AND/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 BF SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS' COMPENSATION INSURANCE AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. Agreement to Relocate Sewer Facilities Page 7 of 21 2672631 (b) IN ITS SOLE DISCRETION,CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER,CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF DEVELOPER'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF DEVELOPER'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT, DEVELOPER SHALL RETAIN CITY- APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CETY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. (c) TILE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION IQ SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. 11, Acknowledgement of Citv's Compliance with Federal and Stale Constitutions, Statues and Case Law and Federal, State and Local Ordinances Riles and Re ulations• Developer's Waiver and Release of Claims For Obligations Imposed kv 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 CITY FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL,STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (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 DEVELOPER'S DEVELOPMENT PLACES ON CITY'S INFRASTRUCTURE. Agreement to Relocate Sewer Facilities Page 8 of 21 2672631 (iii) DEVELOPER HEREBY RELEASES CITY 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 PURSUANT TO THIS AGREEMENT. (iv) DEVELOPER HEREBY AGREES THAT ANY PROPERTY WHICH IT CONVEYS TO CITY PURSUANT TO THIS AGREEMENT IS ROUGHLY PROPORTIONAL TO THE BENEFIT RECEIVED BY DEVELOPER FOR SUCH LAND, 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 CITY RELATIVE TO SAID CONVEYANCE ARE RELATED BOTH IN NATURE AND EXTEND TO THE IMPACT OF THE DEVELOPMENT OF DEVELOPER'S ADJACENT PROPERTY ON CITY'S INFRASTRUCTURE. DEVELOPER AND CITY 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 TILE UNITED STATES SUPREME COURT IN DOLAN CITY OF TIGARD,512 U.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 RELATED TO THIS AGREEMENT. (V) DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO, DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES, DROUGHT PURSUANT TO THIS SE ION 11. (b) DEVELOPER RELEASES CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS RELATED TO THIS AGREEMENT. (c) DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST CITY FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION RELATED TO THIS AGREEMENT. (d) THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Vested Rights/Cha_pter 245 Waiver. This Agreement shall confer no vested rights on the Property,or any portion thereof. 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 City with fair notice of any project of Agreement to Relocate Sewer Facilities Page 9 of 21 267'2631 Developer. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE. AS AMENDED. ARISING OUT OF ANY ACTS cm °MISS! NS UNDER THIS AGREEMENT. THIS SECTION 12 SHALL SURVIVE THE TERMINATION OR EXPIRATION QF THIS AGREEMENT. 13. Condemnation Procedures/i ht Giver. As ADDITIONAL CONSIDERATION FOR THE BENEFITS DEVELOPER IS RECEIVING UNDER Tins AGREEMENT.DEVELOPER HEREBY RELEASES CITY FROM AND AGAINST.AND WAIVES,ANY ALL RIGHTS TO OR CLAIM FOR ANY RELIEF UNDER CHAPTER 2206 op THE TEXAS GOVERNMENT CODE,AS AMENDED, AND/OR CHAPTER 21 QF THE TEXAS PROPERTY CODE,AS AMENDED,ARISING OUT OF ANY ACTS OR OMISSIONS UNDER THIS AGREEMENT. 14, Attorneys' Fees. If either Party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and City, 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. 15. Warraxtties/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 on by the other Party and will survive the satisfaction of any fees under this Agreement, regardless of any investigation made by either Party. 16. 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. 17, 0oveining 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 performable 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, 18, Consideration. The Parties acknowledge and agree that this Agreement is executed without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. 19. 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. 20. Authority to Execute. The individuals executing this Agreement on behalf of the Agreement to Relocate Sewer'Faeltittes Page 10 of 21 2672631 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 Ai cement 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 that such authorization is valid and effective on the effective date of this Agreement. 21. 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. 22, 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. 23. No Third Party Benefieiaries. Nothing in this Agreement shall be consulted 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. 24, Assignment/Binding Effect, (a) This Agreement is assignable,in whole or in part,on 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 City(such approval not to be unreasonably withheld); (ii) the Assignment must expressly contain, among any other reasonable requirements or conditions of City, an acknowledgment and agreement that all obligations,covenants and conditions contained in the Agreement will be assumed solely and completely by the assignee, and the contact name,address,phone number and electronic mail address of the assignee; (iii) Developer will file any approved, executed Assignment in the Real Property Records of Collin County,Texas;and (iv) Developer shall provide City with a file-marked copy of the Assignment within ten(10) days of filing the same,and until City receives said file- marked copy of the Assignment as provided herein, City shall not,under Agreement to Relocate Sewer Facilities Page 11 of 21 267201 any cimumstance,recognize said Assignment (b) This Agreement shall be binding on and inure to the benefit of Developer and City and their respective successors and lasins. 25. Indemnification. The Parties agree that the indeninity provisions set forth in Sections Ill and 11 herein are crmspieuous,and the Parties have mad and understood the same. 26. 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 Agreeinent, at any time, shall not in tiny way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance, 27% Immunity. It is expressly understood and agreed that,in the execution and performance of this Agreement,City has not waived,nor shall be deemed hereby to have waived,any defense or irnmamity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of govennuental powers and functions other than specific performance of this Agreement. By entering into this Agreement,the Parties do riot create tiny obligations,express or implied,other than those set forth herein. 28. Reference to Developer, When referrirtg to an'Developer"herein,this Agreement shall refer to and be binding upon each of the Developers, jointly and severally, and Developer's officers,directors,partners,employees,representatives,contractors,agents, successors, assignees (as authorized herein), vendors, grantees, tnistees, legal representatives and/or any other third parties for whom Developer is legally responsible, 29. Reference to City. When referring to"City"herein,this Agreement shall refer to and be 'binding upon City, its Council Members, officers, agents, representatives, employees andior any other authorized third parties for whom City is legally responsible. 30, Miscellaneous Drafting Provisions, This Agreement shall be deemed drafted equally by all Parties hereto, he language of all pints 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 either 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:appear on the next!wed Agreement to Relocate Sower Fectiltles Page 12 of 21 2672631 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"). Developer: City: OHN ENGLAR CITY OF WYLIE,TEXAS ,£4 k3y.WP By: 1anie, To1144 +1 Chris Hoisted,City Manager Date. `,2-3*-2 / Date: YANYU DUAN ATTEST: By Name: Stephanie Storm,City Secretary Agreement to Relocate Sewer Facilities Page 13 of 21 2672631 STATE OF 5 § COUNTY OFDa.,AF-4 § BEFORE ME,,the undersigned authority,on this day personally appeared John Englar, known to me to be one of the persons whose name is subscribed to the foregoing instrument;and (hat he executed said instrument for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisthisg day of. ,2019. 17*p "c. TRACY SWEARER t r Nar�wr rwtutuc ssvr car rew.5 Nota Puke,State of're f ' f NOTARY 0IQ 720y.8 My Commission Expires: -ica' STATE OF § § COUNTY OF b ,twcx 3 § BEFORE ME,the undersigned authority,on this day personally appeared Yanyu Duan, known to me to be one of the persons whose name is subscribed to the foregoing instrument;and that 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 ,2019. �'�y, ER Notary Public,State of`1 xt'- ,14 i,}4 `'Rih N Cr3A1AN IICATAT'f Of Texas e.xr+r1r•laaazls My Commission Expires:t t-1 - ```� Y t5120772©5-8 § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on (his 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 ,2019. Notary Public,State of Texas My Commission Expires: — Agreement to Relocate Sewer facilities. Page 14 of 21 2672631 Exhibit A Properly Description All that tract of land In Collin County,Texas,out of the Francisco De La Pine Survey,A-688,being all of that called 5,365 acres of land described in a deed to John Reschke as recorded under COI 20081118001341760 of the Official Public Records of Collin County,Texas,and being all of that called 9.184 acres of land described in a deed to John Frederick Reschke 11 as recorded under CO/20100521000511250 of the Official Public Records of Collin County,Texas,and further described as follows: BEGINNING at a 3/8 Inch steel rod found on the North line of Stone Road,at the Southwest corner of said 5.365 acres,and at the Southeast corner of that called 2.996 acres of land described In a deed to Randall D. Grubbs, Brenda G. Grubbs, and Kyle Dwayne Clark as recorded under COI 20130122000092780 of the Official Public Records of Collin County,Texas, (tont which a 112 inch steel rod found bears North 89 degrees 52 minutes 24 seconds West,499.30 feet fur witness; THENCE North 00 degrees 09 minutes 32 seconds East,522.63 feet to a 3/8 inch steel rod found at an ell corner of said 5.365 acres,and at the Northeast corner of said 2.996 acres,from which a 1/2 inch steel rod found at the Northwest corner of said 2.996 acres bears North 89 degrees 51 minutes 47 seconds West,249.44 feet for witness; THENCE North 89 degrees 51 minutes 47 seconds West, 500.37 feel to a 5/8 inch steel rod set capped "Boundary Solutions"at the Westerly most Southwest corner of said 5.365 acres,at the Northwest corner of that called 1.50 acres of land described in a deed to Wendell H.Daniel as recorded in Volume 5312,Page 5682 of the Land Records of Collin County,Texas,and on the East tine of that called 4.892 acres of land described in a deed to Frank Solis and wife,Julia Solis as recorded in Volume 5135,Page 3349 of the Land Records of Collin.County,Texas,from which a 112 inch steel rod found at the Southeast corner of said 4.892 acres bears South 00 degrees 00 minutes 00 seconds East,1.74,98 fiat for witness; THENCE North 00 degrees 00 minutes 00 seconds East(Bearing Basis),675.80 feet to a 1/2 inch steel rod found at the Northwest corner of said 9.184 acres,at the Northeast corner of said 4.892 acres,and on the South line of that called 5.00 acres of land described In a deed to Guy L. Cates as recorded under CC# 20070627000881390 of the Official Public Records of Collin County,Texas,from which a 3/8 inch steel rod found bears North 89 degrees 59 minutes 25 seconds West,375.43 feel for witness; THENCE South 89 degrees 59 minutes 25 seconds East,745.17 feet to a point at the Northeast corner of said 9.184 acres,and at the Southeast corner of said 5.00 acres,from which a nail found bears South 17 degrees 59 minutes I i seconds West,0.92 feet for witness,and from which a 1/2 inch steel rod found bears South 00 degrees 17 minutes 47 seconds East,246.31 feet for witness; THENCE South 00 degrees 17 minutes 47 seconds East, 1200,07 feet to a 5/8 Inch steel rod set capped "Boundary Solutions"oo the North line of Stone Road,at the Southeast corner of said 9.184 acres,and an the West line of that called 2.026 acres of land described in a deed to Christopher D.Pollard as recorded in Volume 32%,Page 223 of the Dced Records of Collin County,Texas; THENCE North 89 degrees 52 minutes 24 seconds West,252.46 feet,along the North fine of said Stone Road to the POINT OF BEGINNING,containing 14.606 acres of land,more or less. Agreement to Relocate Sewer Facilities Page 15 of 21 26n631. 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OM-tinow 44:1111ft""" 0491'4" Agreement to Relocate Sewer Facilities Page 20 of 21 2672611 4840-4362-3815v.3 2/6(2019 Exhibit C 1) piction of Location of the Improvements and New Easement 1 '1:1 1 ' ev'iler!'c„ it w t' t a �ial 11 i ` "I t i Ei I i L1Il M�}��il�all i.ILI. ll2 � 1ip !i s _'=tF tJ! ��j � 1� t i�lri}�{�i�III� .,#Efi �ss4 �a W � I li ' III j�t t'13iitiIIIiI i l�{ ,l'"I�d13� Zxl• tiiLth'.1 , ' l� i 3 i I I rip P'' lI - --I PROPOSED SEWER� ,_..,�.eJ rii it li as 1q ar(5r�+a©ns rrr I 1 ki'f 1 III , -4, , all.m -- ' •tea I n,, o ` �I`I� t1 k,.,,i 1 a � � ' '5 ,Ili i 11.—I, �' !�1.1i. IIFii �1. Mai V a *.--i-,' I 14 1 PI.� I � I li II �11: a I i• P i* 6. I 1 6u Ill � { I i , � 1,,t i I 1 ', I '!I 1'I ii i- ". i Exi>nNc 1 I ;LL scvart it i i, f„ 4 i. 11'i� 1% :: ,l-tiijcimro j i 1i � , ► FlaSEFt4� ' 4` ! ' i° ii.iii a il i 1, i i t , 'Y p!•'ii I 1 i rti�� , , #' i i>a3� Dili �'� 11 ! �.o.rti14 1 1 I i} � &•.I Y CI 4a a 4 ,1 t a 1' I -sy�1a, il111 :{'3iE U 1{�,Iii 1111 i14 ll,slllh ` } 11 �' 7 1 1 1 1 1 1 1 1 11 1 I 1 i a' Ili), 4,�I .i. 1 ,1� ;1�i+illl ii17 a11111,11itllil 11167�iY1i !S",�1}a11,} 1 -- b 6a i Agreement to Relocate Sewer Facilities Page 21 of 21 2672631 4840-11362-3815v,3 2/6/2019 Wylie City Council oF 1 AGENDA REPORT Meeting Date: June 25, 2019 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: June 17, 2019 Exhibits: 1 Subject Consider, and act upon, a Preliminary Plat for Brookside Estates Addition to establish 68 residential and 11 open space lots on 14.599 acres within Wylie's ETJ,located at 2121 Stone Road approximately 1800' east of Kreymer Lane. Recommendation Motion to deny a Preliminary Plat for Brookside Estates Addition to establish 68 residential and 11 open space lots on 14.599 acres within Wylie's ETJ, located at 2121 Stone Road approximately 1800' east of Kreymer Lane. Discussion OWNER: John Englar and Yanyu Duan APPLICANT: Trey Wallette for Skorburg Company The applicant is proposing a 14.599-acre residential development consisting of 68 residential lots and 11 open space lots. The property is in the City's ETJ in Collin County. As such, the City's Subdivision Regulations apply along with the City's engineering standards, such as street design, due to an inter-local agreement with Collin County. The Zoning Ordinance does not apply in this subdivision. The proposed residential lots and layout generally meet the requirements of the Subdivision Regulations. However, the plat currently displays the building line setback at 15'. The Subdivision Regulations require 50' setbacks for residential lots in the ETJ. The plat dedicates right of way for a future expansion of Stone Road. Water would be served by East Fork SUD. Sewer would be served by the City of Wylie due to the property being within Wylie's sewer CCN(Certificate of Convenience and Necessity). The plat is technically correct except for the building line setback. Action is required as state law requires such within 30 days and the applicant has not waived that requirement. Approval is subject to additions and alterations as required by City Development Services, the City Engineering Department, and Collin County Development Services. P&Z Commission Discussion The Commissioners expressed concerns about the setbacks. The applicant was asked if they would increase the setbacks on the 140' lots as the increased depth of those lots may allow an increased setback. The applicant would not increase the setbacks beyond the proposed 15'. The Commission recommended denial 7-0. Page 1 of 1 PLACE OF /30 OM BEGINNING\ A Tes gwnanerm resre ar G 9 p �LL'ry murvry m �_ t x SITE anv HuamxD an s gao aono 4 naco as 000 pp. - z o p 0 0 m o0 3 �� LOTS 0 6 +rR : m m on BL4_K Ow a ��. II ] € & ; 10 LOT LOT LOT8 LOT LOT,' LOT LOT LOTS' COTS' COTm L I g swl'rn z k - o S.i S LOT 2 .2 5 a>s 10 9 8 J 6 5 c 4 3S 2 r`0" 1 RAY HUBBARD WAY c ) ( 'E L u t m tvo 2' 0 a L e d LOT 2.5 INSTRUMENT a EI_ RYDER ROAD Tr EN_ m -1\ LOT iX g LOT . �� v ( J .o PO0 ! �! t mix4 ° a,rcea rena M VICINITY MAP _� w / 900..1 A9'J.a°_ 3a.9G5A Ii e ' LOT25 I�Te9` SCALE 1" w COLLIN COUNTY,TEXAS 0°5 ''IF uE . 2, l „6 ggoo _ f e� a BLOCK m I f n ne�aaa a1u man;am e v,.,-,ammen xta r.vaeaa e LOT6 e` t'LAT SLOT ALOT BLOT LOT i LOT PLOT e LOT ¢LOT ALOT. A fm jBLOCKC69 l evsu ac°ar,a ge er eeac �1OoO �' ">9 8 r) 6 m 5 4 M 3 2 S 1 a I I i91 J o.uN courvr. D A able Line Table o e � r m� o f 10 Le P LOT 2 e AL JCK F _ a h / 7 aae ea mo,e o,emoa rno,a Lrr,D,n linen tm9N or 1�0.0 - r� fa OT 8 L3 e3.s6 se9° E e 110.0 &l �'�D - 1 LOT i6X \ w T m �,o.ao' Ao oe ao' LN00 5h [ 31I w A LS 990 545° FRANK SDL.AND WOE 'm^ m o as o0 L e Ssa 1 1uuA soon c ° ., Tz LOT SJ ssssa so°s9 as w o ▪ COLOr 9 s 0 �m P Hn E n .. I/ t6 vowNe 110.0 '^ N .o N z 16r9249" L1O 12967 N00°s931w ° 1- = Im e Mry cc LOT 19X0 I z Im 691 o a[ O>o oo 8• LOT 10 LOT CLOT LOT PLOT oLOT %LOT LOT PLOT N I ; I) s 1w ll. a A N 2 14 15 _AN =AT A LA LE M17 0' 8I L u LOT 16 rmONA'MACE L s L3 st o es ao'1s"w oD m m ! OT 15X AAA 0 oNo .1 A.i w e BLOCK F I F7 Q L .— - LOT 12 1 ` �S' o.e t.c. 9 12613' NV 0 zsE I oo�aO.00 .. ` O 1' OT 4 O olio-(- s l 9^sex to Do l LAO 14e.9s s9°1z 4s'w „ e LO AS' il s DERRINGER DRIVE a 1 11000 I ° '19 m LOT I Lz2 sao N0o 12w 1 ZIP R ( ) - �>_ 1.0 sa z iA 144.n n93 E LOT 14 III Of- - _- sa vT ,. Oo. A' �3 NA, 1nz9 N a E itl "" i�aaO '3„ ( w e.t: 4v°Dta U.E. a/I L a' LOT 12 as v1 66' oP _ -OS' aO TYx .° e L31 1a.t4 Say° LOON5 o p S m O A.it L33 35.M' 50B°sx 91 F 9 i5e �0aa'Ig E{ LOT lu LOT 8 LOT o LOT,' LOT o LOT 8 COT q 1 _ 1 Q6 m o0T1 u 1,w laea I ( 8 ] 6.". 3.. q 3 a 2 S o t .o : .m BLOCK aE LOT 16 NA LOT 10 P sae°sOSE o l !� GRAPHIC SCALE L zs"E \\ 6G'SO�'u--t_ w' 4o.0a n9.ao aD cn o i� u6' o e I o ao' _ f za A11Fv '" ,n ° °n � L39 1v90 s1 9s 1sw eDu A .wunDrvs / 1 s to ao' e 5203w 500.37 -4 L6 gl/ LOT9 e !� / �1,.AA �nFeea'tt Q 98 SaEsa4w �E - �"''. . :I . 193s 1111 ANNA BLOCK A� / LOT 8 L56 iA 1n 546°99'02 W I „ m!'/ BLOCK B 129. — I L w nrvre II LOT J apu ix-r 1 T. ' C53 5,67' L. LOT 6 ,- aKD o . L E I [ t azoz', .. ' 1 LOT IX rse szs6 zn zaao" s>rr OPLEFOi mACL g�l LOTS $ ME 1 )an o0o D noses L .4 sal°ss'ssA 6 Ace exi 016 1a.u'.6 a oPR.cL.T. i a .L ao 16w f L 1 1 Lss LOT 4 f O>s1 e m } tzs +" pe-va g NOTE:"Preliminary Plat for Rev ew Purposes Only" L 0D 3Ow t A190 / LOT PRELIMINARY PLAT as ee E OF AND DARYLnau w ,,,S s _ e4 1S9a ssa 0311w w.D9w z®� m VOLUME 531,PAGE 5582 VOLUME BROOKSIDE ESTATES o,F accT 20 oaa LCT s10 E 83 LOT " '— L oa at.cT. l '— z m II e1,D 14.599 acres out of the 8 II LOT Francisco De La Pina Survey,Abstract Number 688 ur dd t /d Collin County,Texas LEGEND Lei 28 to N9°3>9B'E I/ so to zrT.07CHIGSTOPFIER I)PO..AN.60005, r M 68 Residential Lots&11 Open Space Lots N NOG. AGED L Ex96 RAGE X -Kr Prepared Date:December 2018 L sro n0 32 k BL O F ,I� w /�" Es 1 w 1 OPEN�'"" �: ,a - LOT ix Revision Date:May 2019 OFFICIAL POLIO NE'WNOS L 'W Ln\ BUCK AOE ` ENGINEER/SURVEYOR: SHEET 1OF 2 OWNER/DEVELOPER: COWN COUNTY, xns L 'F -A o BANNISTER ENGINEERING,LLC JOH CAR&ANYU GE RIOT L L 51 MNNBOELD,TRTH ITEXAS J663CHELL 1VE WYLIE,503 O TEXAS D 5058RIVE ROLLIN CO..r1'.'ROS L - vo 4 CONTACT:MICHAEL DAVIS,RPLS PROC. trw ory xoo ND,/e''.16.60D wa „RON PRON., �� 'KtA PHONE:BI]8422094 PLAT RECORDS L — u4 tl)Rvmw,Deli MkeLnibannstereng COIN COLLIN COUNTY.TEXAS / 2 a9 2s2a6 VOL.,EASEMENT �`� BANNISTER E.STONt,ROAD Tr, n,— — L97 1149 N91 13 27' 1 E N G I N E E R I N G BUILDING LINE 10T 1 1 LOT 2 LOTS IOTA LOTS i 51 �TBPLS REGISTRATION N0.30193823 240 North Mitchell Road(Mansfield,TX 76063 81]842 2094 81]842 2095 fax + LO LOT> �' 1 LO ,t t11r 1 r�.070-,+0 0 OWNERS DEDICATION, , WHEREAS JOHN ENGL.& DUAN,are the sole FORE That JOHN owner(s)of 14.599 acres(635,949 square feet)of lane In the FranciscoNOW,OHNRENGLA KNOW ALL WEN BY actin ting he PRESENT=. De La P0B Survey,Abstract N0mber 688.,Collin County,Texas; 0,99 acres rein by a.through its duly author,ed officers,does hereby adopt this plat designating the hereln above described property as Warranty De. square SURVEYOR'S CERTIFICATE tract),as recorded in Instrument Number 2013123000160.1250, ounty,Texas C.C.T.)'sae improvements ertfv that prepared lhs EnaP or .or placed upon,over or across the 14.599 acres9a feet) an more described, resale bounds as follows: Cry Council GC,. utility particularly des Pub",y metes Ca bounds, oas(P R orevcr,or t shown other mpr approved by growths runs ruff (635 a square being 0 -uarV ee tl by me eazemen[sas shown p landscape .semen pp oval by nc of m - KNOW AL n Days do hereby c at and the Fad may also be used for the mutual USe and accOMmodaton Of all public utilities ngmuse orus using Men same un ton then easementm use to pakaa teg saaumW .Mope.ypacer umer BEGINNING at a one-half inch iron rod that certain tract of la.described in a Warranty Deed IRIa(her Ned), for Northwest corner of said ,act,same being the Northeast corner p tres Ming wboN harem me pub ntlCryofWy'ea use thereof y pelwn pe son accordance me subdivision eg softneCry Ve Texas. Warranty Deed with Vendaes Lien tO:Gay S.Cates Wlfe,Ea emelnafter a categg as WOW.iaan as record.,n Volume 5135,Page 3.340, same also bong the South brie of that<eq.,tract of la. a heCryo( utility othero men PRELIMINARY, Instrument THIS DOCUMENT SPAS°NOT BE Numb 000881390 DPRceT, g.which may in any way endanger or int.:fere with the construction,mamtenance,or efficiency of thea respective systems said easement.The city of Wylie a.public ry RECORDED FOR ANT PURPOSE AND SHALL NOT BE rntintaining,reading Meter,a.adding tO Or reMOvIng all Or part,Of th,reSpedve Sygern,WithOtit the n meproaentities shall at all times have the full right Of ingre,and egrOSS ta Or frOrn their reS.Ctive eaSeMentS fOr the pup:.Of gpe .aos m anyone. USED OR VIEWED OR RELIED UPON AS A FINALTHENCE South 80 degrees 59 minutes seconds East with the cominon i bet:seen said ENGL.tract andsae cares Idistance of 799.67 feet to tt,e Northeast corner of sa,d ENGL.).tract,same being the Southeast corner of said Cates tract,som This plat approved subject to all platting onenf cry of Wylie,Te xas. Phi County,Texas .ReeT-), WITNESS Mt HAND At texas,this the y ,zm9. also being the West line of Gray..Park(herenafter referred to as Graybawk Park),an addition to the City of Wylie,Collin Michael Dan Daws DATE o,aria from when a 900 bears south ea 40 mnutes32 seconds West,a distance of019 teeGANN T.S.P.L.S.REGISTRATION NO.10103823 THENCE South 00 degreewall minutes 32 seconds West with We:common We between said ENGL..tract and said Grayhawk Park,pass at a distance of 296.59 feet,the certain tract of la. Southwest Deed wwrve e r'a Lien r PFavorormimneanvmoChad Meredith Pac are and COUNTY OF mtuN P -0.IE STATE OF TEX. ackard(hereinafter Packard),a, ., Bethany mrnnyuewth tract,. a 3OHN ENGUR VAN.DUAN 681.77 feet,acrecorded in e outhwert corner of Packard tract,same being the Northwest 32:36,Page 223,0.P.R.C.C.T.,a.continue with said coursea r einafter referral to as Pollard a described d fOr the SS.Of TeX.,On f PIC day perSOrtally appeared atchael Pan Pavia, scribed to the e 9 trumenr a.aarn ,at he a General War the common line between said ENGL.tract executed same tor the a.said Pollard tract for a total distanre of 1200.07 feet to a f we:eighths inch iron rod with plasac cap stamped I:BOUNDARY purpose and consideration therein expressed ane in the pace therein stated. SOLUTIONS"round for the southeast comer Of said ENGLAR Gad same being the exstng North right-of-Way Pm of Ease stone OWNERS DEDICATION STATEMENT Gwen under for nand and seal tell day ROaa aso known as county Road 38z(n right-of-way): WATER UNE Mg WATER SINE APPURTENANCES THENCE North BB degrees 52 mutes 40 seconds West,departing the West fine of sad Pollard tract and wIth the common,Lne between said ENGLAR tract and the ems,.North right-Of-way tine Of°aid StOne{Wad,a fliatanCe of 252.96 feet to a by and through Warrantythreweightlw mch iron rod fo.for the SokitIlerly southwe,t corner of sad ENGL.tract,same belng Southeas,comer of (hereinafter.Tested to Notary Therefore mow A won by mosa.P.asena. N.ary eu r the State of codas that certain tract of la.described in a as Pebble Street op ad), ecos as ourneor Number ast0000 98vt0,oR.eeT- County, here. .m duly aut.,.orTcer,does hereby adopt F E to Collin aunNGL.aYAM DIAN aty,Texasa,d does hereby dedicate all such water valves,ane water system appurtenances s o re Utility District Exeated Erne the day THENCE North 01 degree 09 minutes 16 seconds East,departing the existing North right.o,way line of said East Stone Road and with the common line between said ENGL.tract and with said Pebble Street Properties tract,a distance of 522.63 feet to a STATE OF TEXAS three-eighths inch iron rod found for an inner-ell corner of sa4d ENGL.tract,same being:Pe Northeast corner of said Pebble COUNTY OF COLLIN Street Properties trap, County and state,on thg:day personally appeared,tttUN ENGI.AR,known m me to be me per,.whose name THENCE North...grecs 52 mmutes 03 seconds West,contnue vnth the common line between said ENGL.tract and with said subscribed to the Pebble Street Properties a distance of 299010 feet,the Northwest comer of said Pebble StreetPropeMles Vac,same foregoing 9 purpose ° expressed. tract,he,ng the Northeast Nat cermN tract of land described In a Warranty Deed with Vendors Len to Da cc Gwen under hand ane seal ofofil®too the day of 2N9. wife,Ruby D,an corn,ofact),as y y a.continue eme Nonm;�course the common aae;ame being hetiNortheassaid rn or thatcer ain°tractor lane d�cribed in a:General Warranty Deed (Peremagter referred so as Dame,tract),as record.tr, Volume 5312,Page 56,0.P.R.C.C.T.and continue with scidcourse and the common line between said ENGLAR tract a.5. Daniel traCt(Or a total diatanYe of S00.3a feet Po a five-eighths Inch iron rod with plaStiC rap staMped"BOUNDARY SOLUTIONS. tau.fOr the Westerly SOuthwert acner Of saki ENGLAR traat,Sarne being the NorthweSt corner of said Daniel trac,same also Ribl3c in and for the Rate of Texas betng the East line of the aforesaid Solla tract: fly commission expires: THENCE North 00 degrees 59 minutes 49 seconds East with the(ammo°line between satt: awl°aid distance efGSs.a0 f�to me PEACE of BEGINNING,containing calculated area of 14.599 acres(63`5,9 p lea>f STATE OF TEXAS CO.,la. COUNTY OF COLLIN antl state,on tors day pelsnnally appeared MN.DUAN,known to me m be the per.,whose name Is aUlwaribwl tel We fOregoing in....and adwoWledged f 0 Me Wat he Wleafted W:Me.tor the purpose and consider..thetein expressed. Given under my hand a.seal of office,this the day of Notary Public in a.for the State of Texas My.mmisslon expires: 'Recommended for Approval. Chairman, Wylie,Tens &ZaneCmmission Date. City NOTE"Preliminary Plat for Review Purposes Only" fo rConstruction PRELIMINARY PLAT N of Wylie,Texas —.... 0.te ...._..— OF BROOKSIDE ESTATES 14.599 acres out of the Mayor,City of Wylie,Texas Date. Francisco De La Pine Survey,Abstract Number 688 was submxedtomeotyc`eNoe ft"e ,hey ent, Colts County,Texas the my or ,MIS a.the Council,by formal on or streets,ekes parkIgmnshrsnamnas hmrte easement,public aand water subsr and sewer Mes as shown and set forth inand upon said plat and said Council farther authorized the Mayor to note{hen a.there accepted the the acceptance thereofby 68 Residential Lots 8,11 Open Space Lots Witness my hand this. day of ,A.D.,zflE9. Prepared Date:December 2018 Revision Date:May 2019 ----------- ------ SHEET 2 OF 2 City Secretary City of Wylie,Texas ENGINEER/SURVEYOR: OWNER(DEVELOPER: BANNISTER ENGINEERING,LLC JOHN ENGLAR es VANYU DEAN 240 NORTH MITCHELL DRIVE 503 STONEMEDGE DRIVE MANSFIELD,TEXAS 76063 WYLIE,TEXAS 75098 CONTACT:MICHAEL DAVIS,RPLS NONE 817-842-2094 Mike©banntsfiseng.com `' BANNISTER ENGINEERING C 240 North Mitchell Road i Mansfield,TX 76063 1817.842.20941 817.842.2095 fax TBPLS REGISTRATION No.10193823 f,✓F .. .t- - Wylie City Council ie AGENDA REPORT Meeting Date: June 25, 2019 Item Number: 4 (City Secretary's Use Only) Department: Parks and Recreation Prepared By: Robert Diaz Account Code: Date Prepared: June 18, 2019 Exhibits: Resolution Subject Consider and act upon approval of Resolution 2019-18(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of the Twin Lakes Park Trail project. Recommendation Motion to approve Resolution 2019-18(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of the Twin Lakes Park.Trail project. Discussion In November 2018, the citizens of Collin County approved a $10 million bond proposition for Parks and Open Space. Through the year 2023, Collin County will make these funds accessible to cities and non-profit organizations within the County. These funds will be obtainable through an application process to assist with the acquisition of park land, trail construction and park/open space improvements. The Collin County Parks Foundation Advisory Board administers the Project Funding Assistance Program. This is a reimbursement program. Applicants must have a minimum dollar for dollar in matching funds, comprised of direct cash or in-kind services, for the project being proposed. The County is once again accepting applications for the next cycle of grant awards. Applications must be submitted to the County by July 8, 2019, and awards for successful applications will be made by the County in October 2019. The sponsoring entity must approve a resolution authorizing the project application submittal and designation of a project official. The grant application requests $280,020.00 in funding from Collin County for the purpose of installing trails and a playground in Twin Lakes Park following the recommendations in the 2010 City of Wylie Parks, Recreation and Open Space Master Plan, and the Trails Master Plan. Staff is currently composing the grant application to meet the July 8, 2019 deadline. This trail will provide approximately 1,980 linear feet of trail connecting Twin Lakes and Southbrook Parks in the southeastern portion of the City. Should the grant application be successful, future agenda items regarding an Interlocal Agreement with the County and the necessary budget amendments to account for the revenues and expenses will be prepared for Council consideration. Page 1 of 1 Page 2 of 2 Staff welcomes any Council input and suggestions regarding development of the application and scope of the proposed project. At this time,proposed improvements in the application include the following: 00 construction of approximately 1,980 linear feet of 10-foot and 8-foot wide, concrete hike and bike trail, 00 two low water crossings, 00 ADA ramps and pedestrian access from the park crossing Canyon Lake Dr., 00 litter receptacles, and 00 benches. RESOLUTION NO. 2019-18(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, OR HIS DESIGNEE, TO SUBMIT A GRANT APPLICATION TO COLLIN COUNTY FOR THE TWIN LAKES PARK TRAIL PROJECT, AND TO TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the 2018 Collin County Bond Election established a source of funding for park and open space development in Collin County; and WHEREAS, Collin County has provided an opportunity for the City of Wylie, Texas to submit a grant application and, upon award thereof, to enter into an agreement concerning development of the Twin Lakes Park Trail Project in the City of Wylie. A true and correct copy of the grant application is attached hereto as Exhibit A (the "Grant Application"); and WHEREAS, the City Council finds that submission of the Grant Application will benefit the residents of the City of Wylie, and if the grant is awarded, the grant funds will provide additional park and recreational facilities and open space for all such residents; and WHEREAS, the City Council finds that the Twin Lakes Park Trail Project will support and advance the mission of the Collin County Parks and Open Space Strategic Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein. SECTION 2. The City Manager of the City of Wylie, Texas, or his designee, is hereby authorized to submit, on behalf of the City Council, the Grant Application, in the form attached hereto as Exhibit A, and to take any and all other actions necessary to effectuate the same. The Grant Application seeks grant funds in the amount of$280,020.00. Should the final, executed version of the Grant Application be modified from the version attached as Exhibit A, such final, executed version shall replace Exhibit A of this Resolution for all purposes. SECTION 3. A copy of this resolution shall be forwarded to the Collin County Commissioners Court. SECTION 4. This Resolution shall be effective immediately upon its passage. [The remainder of this page intentionally left blank.] Resolution No.2019-18(R)Grant Application to Collin County Page 1 of 3 2745970 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS on this 25th day of June, 2019. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No.2019-18(R)Grant Application to Collin County Page 2 of 3 2745970 Exhibit A Form of Grant Application Resolution No.2019-18(R)Grant Application to Collin County Page 3 of 3 2745970 COL I I ro Collin County coupury Project Funding Assistance Program Application Please use Arial Font size 11 and submit a signed original Application and 12 photocopies stapled and pages numbered. Please no cover pages, this should be Page 1. SECTION 1: APPLICANT AND PROJECT INFORMATION 1. Project Applicant Information Ap licant— Le al Name): Pro)ect Contact Name/Title: [ City of Wylie [-Twin Lakes Park Trail Complete Mailing Address: Telephone Number: I 300 Country Club#100 972-516-6340 Wylie, Texas 75098 Fax Number: E-mail Address: 572-516-6355 I parksawylietexas,gov Federal Tax Identification Number: Date Resolution Signed: 756000719 Dune 25, 2019 2. Project Title: Twin Lakes Park Trail 3. Brief Description of Purpose of Project: The purpose of the project is to complate a trail in Twin Lakes Park. The trail will provide connectivity to Southbrook Park. Twin Lakes Park is an undeveloped park that has been in the VWIie Parks System since 1988. 4. General Project Information: a. Please check the one category this application addresses: r Land Acquisition for Parks and Open Space r Regional Trail Connector or Trail Project ri Facilities (Capital) Improvements for Parks and Open Space b. Amount of Funding Requested: c. Total Project Costs: $ 280,020 I $ 280,020 d. Start Date of Project: e. End Date of Project: r March 1, 2020 1 August 1, 2020 5. Authorized Signature (signatory must have contract signing authority): Signature: Title: City Manager Print Name: Chris hoisted Date: June 25, 2019 1 Project Funding Assistance Program SECTION 2: AUTHORIZED REPRESENTATIVE The Applicant hereby designates the individual named below as the person authorized to act on behalf of the Applicant. Authorized Project Representative: The following person is authorized to receive direction, manage work performed, sign required reports, and other acts on behalf of the Applicant. Parks and Recreation atien Director Signature: Title: Robert Diaz9°72-516-6341 Printed Name: Phone Number: 11, Country Club#100 Robcrt.diaz tylicte as.gev Wylie, Texas g E-mail Address: Address: Has Collin County previously provided funding for this Project? I' T Yes . N For Collin County Parks Foundation Advisory Board Use Only Does the proposed project advance the mission of the County Parks/Open Space Strategic Plan? yes no Is the application administratively complete? Yes No Did the applicant receive funding for this project in previous years? yes no (If yes, were they successful in the timely completion of the project? yes ! no 2 Project Funding Assistance Program SECTION 3: CERTIFICATIONS AND ASSURANCES 1. Certifications In order to receive funding under this program, the proposed project goals must be similar to and support or advance the mission published in the Collin County Parks and Open Space Strategic Plan (October 2001). By signing this Application, the person acting on behalf of the Applicant makes the certifications below. a. Authority to Sign Application The person signing this Application hereby certifies that he/she is the official contact regarding this Application and has authority from the Applicant to sign the Application and that such authority will bind the Applicant in subsequent agreements. b. Application Contains No False Statements The Applicant certifies that this Application has no false statements and that the Applicant understands that signing this Application with a false statement is a material breach of contract and shall void the submitted Application and any resulting contracts. c. This is a Reimbursement Program Applicants must have a minimum dollar for dollar in matching funds, comprised of direct cash, value of land to be improved, donated labor, material or in-kind services for the project being proposed. Under special circumstances at the recommendation of the Parks Foundation Advisory Board and approval by the Commissioners' Court, a direct payment may be considered. d. Eligible Applicants The Applicant must be a 501(c)(3) tax exempt organization, non-political group or any unit of local government, including municipalities, school districts, or county located in Collin County, Texas. Faith-based organizations are eligible to apply as long as inherently religious activities, such as worship and religious instructions are not conducted. e. Technical Feasibility The Applicant certifies that he/she has carefully reviewed the Project Narrative and Action Plan. To the best of their knowledge all activities are technically feasible and can be satisfactorily completed within the time frame proposed. f. Costs Reasonable and Necessary The Applicant certifies to the best of their knowledge that the proposed activities and the expenses outlined in the Budget are reasonable and necessary to accomplish the project objectives, and the proposed expenses are consistent with the costs of comparable goods and services. 2. Assurances a. Compliance with Progress and Result Reporting Applicant provides assurances that, if funded, the Applicant will comply with the requirements for reporting: reporting on the progress of the project activities and deliverables on a quarterly basis; providing before, during and after photos; and promptly notifying the Parks Foundation Advisory Board of any changes in plans. b. Financial Management Applicant provides assurances that, if funded, the Applicant will comply with contractual provisions and requirements necessary to ensure that expenses are reasonable and necessary, and to adhere to financial administration and reimbursement procedures and provide financial reports on a schedule established by Collin County. c. Accessibility Applicant provides assurances that, if funded, the park or proposed improvements will be accessible to all County residents. d. Compliance with Americans with Disabilities Act Applicant provides assurances that, if funded, the Applicant will comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101-12213 (Pamphlet 1995). 3 Project Funding Assistance Program SECTION 4: PROJECT COSTS AND ELEMENTS Name of Applicant: City of Wylie Project Name: I Twin Lakes Park Trail Either use this form or create an Excel spreadsheet using this format Item Description UIM Quantity Unit Cost Total Requested Match No. Amount Amount 1 2 3 4 5 6 7 8 9 10 11 12 Project Total Robert Diaz Parks and Recreation Director Prepared By: Title: 300 Country Club#100 972-516-6340 Wylie, Texas 75098 Phone Number: Address: robert.diazawylietexas.goy June 18, 2019 E-mail Address: Date Prepared: 4 Project Funding Assistance Program SECTION 5: RESOLUTION The sponsoring entity (governing board) must approve a resolution authorizing the project application submittal and designation of project official/representative. A copy of the resolution must be included in this application. Insert photocopy of signed resolution. SECTION 6: PROJECT NARRATIVE (No more than 5 pages, single spaced, Arial 11 font) SECTION 7: LOCATION MAPS, SITE PHOTOS, PROJECT SKETCHES, etc. SECTION 8: LETTERS OF COMMITMENT (Provide photocopy) SECTION 9: EVIDENCE OF NON-PROFIT STATUS (Photocopy of Current Valid IRS Tax Exemption Certificate if non-governmental agency) 5 Project Funding Assistance Program SECTION 4: PROJECT COSTS AND ELEMENTS Name of Applicant: City of Wylie Project Name: Wylie-Twin Lakes Park Trail Requested Match Item No Description U/M Quantity Unit Cost Total Amount Amount 1 Park Acquisition and Improvement Fund Ea 300,000 2 10 foot Concrete Trail (1,350 linear feet) Ln Ft 1,350 95.00 128,250 128,250 3 8 foot Concrete Trail (630 linear feet) Ln Ft 630 79.00 49,770 49,770 4 Earthwork Ea 18,000 18,000 5 Demolition Ea 8,000 8,000 6 Landscape Ea 20,000 20,000 7 Low water crossings Ea 32,000 32,000 8 ADA ramps/Misc. concrete Ea 20,000 20,000 9 Site Furnishings (benches and litter barrels) Ea 4,000 4,000 Project Total 280,020 280,020 300,000 Prepared By: Robert Diaz Title: Parks and Recreation Director Address: 300 Country Club# 100 Phone Number: 972-516-6341 Wylie, Texas 75098 E-mail Address: robert.diaz@wylietexas.gov Date Prepared: June 19, 2019 Wylie-Twin Lakes Trail 4 Project Funding Assistance Program City of Wylie Park Acquisition and Improvement Fund Statement of Revenues and Expenditures-Cash Basis as of June 19,2018 West Central East Total All Zones Beginning FY 2018 Fund Balance 54,978.25 350,658.96 104,121.82 509,759.04 Revenue Parkland Dedication(YTD Actual) - - - - County Grants(YTD Actual) - - - - Interest Income(YTD Actual) 292.56 1,866.00 554.07 2,712.63 Miscellaneous Income - - - - Contributions I Donations - 40,693.00 - 40,693.00 County Proceeds(OFS) - - - - Total Revenue 292.56 42,559.00 554.07 43,405.63 Actual Expenses(plus Encumbrance&Reserve) Tools&Equip - 7,500.00 - 7,500.00 Botanical&Agricultural - - - - Recreational Supplies - - - - Land - - - - Land Betterments - - - - Furniture&Fixtures - - - - Outdoor Equipment - - - - Major Tools, Mach, &Equip. - - - - Contractual Services 30,000.00 83,906.00 - 113,906.00 Total Expenses 30,000.00 91,406.00 - 121,406.00 Total Fund Balance Based on Actual as of June 19,2019 25,270.81 301,811.96 104,675.90 431,758.67 Budgeted Expenses FY 19-20 - 300,000.00 104,000.00 404,000.00 Projected Ending Fund Balance FY 19-20 25,270.81 1,811.96 675.90 27,758.67 Projects to Complete in FY19-20 Park Zone Twin Lakes Park Trail(Collin County Grant) Central Braddock MP Central Parkside MP West Potential Projects for FY19-20 Landscape/Irri.for Avalon Park North and South East 05: -'„ t ) l. ;..',,,-,,,,,,,,,,,I,,,, ° m w ,,„. !u '"' • � " 'ti,'^ a , ' ')y t' ar — eir • 110, % n}i ' .M.. i■b*R n tl;S, F °, ° I`` r ! � • � 'q „ r „ " 1 ' ' '^, ,� 'rci'— 6 iW. ,t, r,�' a "a' �. :+ e; nY11t1 , rM 'al• +"'"d-'1 k' --1 " 'A aa„yr ,." qp.6 6'i ,". i,--,..:, R66.t P t y .%r•; $?tst, ,�. , ,` ; , w Illm • } `Y ."µ '" d ` •%`. { " yy � o p MpNf r f M 110, ek tt ' » fp"1 N v„ I' ii 'illx. tsDrt ,,'-,~p'! ,i F �,99!„'%";'�';gw;" .,,r ,�,. p" w n,:.. •i ��w, 0. 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P ^n,I*,o,;.1.,„„\„ v`n "„,,'',,'*,„1T,, ,,,,,,,', / Twi n La kes T ra il ,'''''„1„''O!,„;„0,'A,,,,*,`1,4 ,, .,1„,1. ''n"Y. w+",' k�;n` ""gyp`. " �Vy;f.4,,O ti rorvi ;� " i, (< 4 ibi, 4" k � Exht Map 1 „tI„,,", - '3 ,n jai n°`w'd Pn '. ';,� "'^ w ,"ALMA.. ..t�„. 6< , ,6,A.". " ,, " L: d", :.hd u4,"r.n°', .new. _. .. S, ,m ,._ma>w,".mz^m.. �aw.a�rw ,a,tt¢"'.,,a; ,n:«�w,w Page is too large to OCR. Meeting Date: June 25, 2019 Department: City Secretary Item Number: Prepared By: City Secretary Account Code: Wylie City Council (City Secretary's Use Only) Letter of withdrawal; Date Prepared: June 18, 2019 Exhibits: Applications .- Consider, and act upon, the acceptance of the withdrawal of applicant Roger Lang and the appointment of an alternate board member to the Zoning Board of Adjustments to fill the term of July 1, 2019 to June 30, 2021. Motion to accept the withdrawal of applicant Roger Lang and appoint as an alternate board member to the Zoning Board of Adjustments to fill the term of July 1, 2019 to June 30, 2021. When the 2019 Board and Commission interviews were held, Council approved Roger Lang as Alternate 2 to the Wylie Zoning Board of Adjustments. After council approval, Mr. Lang withdrew his application to serve. His term was to begin July 1, 2019. Staff has attached the following qualified applicants who listed Zoning Board of Adjustment as a choice. Staff is requesting an applicant be appointed to fill the vacant term. oc Shaun Chronister - listed ZBOA as first choice (appointed as Replacement 2 to Planning & Zoning Commission) oc David Strang — listed ZBOA as second choice oc Keith Ferrand — listed ZBOA as third choice (appointed as Replacement 2 to Public Arts Advisory Board) oo Melissa Kenfield — listed ZBOA as third choice oo Gurmehar Singh — listed ZBOA as third choice oo Christopher Turner — listed ZBOA as third choice oc Melisa Whitehead — listed ZBOA as third choice Page 1 of 1 From: Roger Lang To: Tina Link Subject: Re: Wylie Boards & Commissions Date: Monday, June 17, 2019 6:13:49 PM Attachments: ima eg 001.png Tina, Thanks for the offer but I recently started some consulting work for some friends and will not be able to work with the Zoning Board of Adjustments. I was surprised at the offer, I thought that they had already chose the people for that. I wish every one the best of luck. And again, Thank You All! On behalf of the Wylie City Council and the City Staff, we would like to offer our congratulations on your appointment as an Alternate to the Zoning Board of Adjustments. The Council members made their appointments at the June 11 City Council meeting. We realize that your time and personal commitments are important to you and we would like to extend our appreciation for your participation in our selection process. As required by state law, it is necessary to administer the Statement of Appointed Officer and Oath of Office before you are seated on the board/commission. You and your family are invited to attend the June 25 regular meeting of the Wylie City Council in order to take your Oath of Office. There will be a reception at 5:30 p.m. for all of our outgoing/incoming board/commission members with the meeting following at 6 p.m. We ask that you arrive at 5 p.m. to complete any necessary paperwork and meet with your board/commission's staff liaison, prior to the meeting. The staff liaison for your particular board/commission will be contacting you regarding your first meeting. Please RSVP by June 21 regarding your attendance at the June 25 Council meeting. We will conduct a Board Orientation on Thursday, June 27 at 6 p.m. This orientation is designed to familiarize you with the Texas Open Meetings Act, Public Information Act, Conflicts of Interest, and Ethics training as it applies to your role as a board/commission member. You are required to attend, as the information provided will be very beneficial to you. The orientation will be conducted by the City Secretary's office and will include any new legislation. It will be held in the Council Chambers at the Municipal Complex. Please RSVP by June 24 regarding your attendance at the Board Orientation. Section 551.005 (Open Meetings Training) of the Open Meetings Act requires that you complete Open Meetings Training by the Attorney General's Office within 90 days of taking the oath of office. Go to https://texasattomey2eneral.eov/o2/onex n-eovernment-training to complete the course and receive your certificate of completion. Once you have completed the Open Meetings portion of the course, you will be able to print your certificate. We require submission of the certificate to our office within 90 days. You may bring it to the meeting on the 25, the orientation on the 27, or you may email it back to us. • r MIN r • t following • • You • If we can offer any assistance to you during your service as a board/commission member, please contact our office and we will be happy to assist you. Congratulations once again on your appointment. If Tina Link Administrative Assistant City Secretary's Office C F OF 300 Country Club Rd WYLIEWylie, TX 75098 Personal Information First Name Last Name D,OB. Shaun Chronister Reo"'t"'e Rro"do� YoLlf full k"ga' f rst and Last n�,Ina Registered Voter Arv, yw a registend voter? r Yes (- No Voter Registration 'vMot Goal tv are ycu rc- County* Collin Contact I nformation Phone No.* Alt, Phone No. ex 123,4,1(-,'�78W, ex: 12,'3456-78RD Address Addr'ass Addrerss Um, 2 UY Wylie 75098 Residency Are yLx � a V\A�Iie r�,,,ndwv'? r Yes r No Rwm� kx3 ha4e, ycu been al,%Iie mnsidemit? four years Employment Information Occupation Manager of Engineering Farmers Electric Coop Tx ("a-proy us Boards ar-ld Commission Preferences Fk,ose read the, tx�10' CjUahifiCAKY)S (',n ffie kv eb,e prat to ma fx) vcur ',hr(-,e, c'lmcLas Construction Gode Preference 3 Board Construction Code W Taxpaying Citizen of Wylie Qualifications r BUilding Contractor F Plumber r Master Electrician r Journeyman Electrician Historic Review Commission Library Board Parks & Recreation Board Planning & Zoning Preference 2 Commission Public Arts Advisory Board De v eelapprnnee nt Corporation I Zoning Board of Preference I Adjustment tics se i�xlacale brkffly A, h,a,, ycxi wadd iRe ser vcas ",i lk�-irds ard Cccrdssion norft-*,,,r Nly current Ive) year term on the construction code board ends this year. I'd like to sit on a more active board if possible, I'm also happy to continue sitting on the construction board. Wylie is the best place I've had the opportunity to reside. I'd love the opportunity to get more involved! Code of Ethics Acknowledgement Rea,,;e rt-4-1 ire I kAmV Ydhance Acknowledgment & Signature I have reviewed Ordinance No, 2014-19, City of Wylie Code of Ethics, above as required in Section 10(A) of the Ordinance. If appointed, I agree to serve a Nvo year term to the Board/Cornmission that I have applied for. I am avn, re of the meeting dates and th-nes of the Board/Cornmission I have applied for, If appointed, I agree to serve on the Board/Comrnission for vhiich I have applied, or would consider an alternate appointment to a second or third board preference. I understand that I may be required to attend training on the Open Meetings Act and Public Information Act Within 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a ohmige in my contact;information. My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is correct Date* 05/06/2019 Personal Information First Name Last Name MOB, DAVID STRANG Rea e prcyAot ycuf full k"ga' fitwt and Last n�,Ina Re giste red Voter Arty, ym a registend voter? r Yes (- No Voter Registration 'VMot Countvare ycu rc- County* Collin Contact I nformation Phone No. Alt, Phone No. �Ml ex cx 123-4E&76190 Address * nux'A Address, AdJr"3,,� Lino 2 oty Wylie R,''-'taP Zip (4& 75098 Residency* Are wu a'Ajdie rf.-)s r Yes r No Hbx 2 Years Employment Information Occupation Solution Engineer Boards and Commission Preferences Rease re,,x I N't Loaro qrair[ cata,.,; lciccited m ti re. wettS'Ae prk'm-'o rmldi-q, yo,�r three Animal Shelter Advisory Board Construction Code Board Historic Review Commission &84e/ R ovince I [+,l3cn TX (,,'wntr�o United States EME3119M, Parks & Recreation Preference 2 Board Planning & Zoning Preference 1 Commission Public Arts Advisory Board I I I I Developm9t Corporati Zoning Board of Preference 2 Adjustment Flea%e Indicate 1"I"O'fir, M�y<xz wmAd Na.,serve a-, a Bx ords and ObIriss,,cn 11"mAx"r To serve my cornrnunity's neecisfor responsible growth, good infrastructure planning & support, ensuring the city continues to be a great place to live & raise a family, I feel my long and diverse background vmrking Wth people to complete projects & increase value oould also help serve my community, Code of Ethics Acknowledgement Regoe, read lfx Lciu);,v &dr,-unce Acknowledgment & Signature I have reviewed Ordinance No, 2014-19, City of Wylie Code of Ethics, above as required in Section 1 O(A) of the Ordinance, If appointed, I agree to serve a No year term to the Board/Commission that I have applied for, I arms aware of the meeting dates and times of the Board/Conirnission [ have applied for, if appointed, I agree to serve on the Board/Commission for which I have applied, or would consider an alternate appointment to a second or third board preference, I understand that I may be required to attend training on the Open Meetings Act and Public Information Act �Mthin 30 days of taking my Oath of Office, I agree to contact the City Secretary's Office in the event there is a change in my contact information, My signature indicates that I have, read, LMderstand, and agree to all conditions and that all of the above Wormabon is correct, Date * 05/15/2019 Personal Information First Name Last Name Keith Ferrand Ree�se. pfaide youf full k',galf irst atid n�,Ine, Re giste re d Voter Arv, ym a r Yes (` No Voter Registration 'VMot Gaul itv are ycu rc- County* Collin Contact Information Phone No.* Aft. Phone No. ev 121456-78�0 ex: 123-4%-78W Address * Address Llhe 2 eft' Wylie R,6,d ,, Z(p fixt 75098 Residency Are ya a VN�,Ie r Yes r No of m k.,ng f ry.! Lycu Leen a Wylie re , I year Employment Information Occupation S I Texas Ce,t.oIry United States Boards and Commission Preferences Rease re,rxi ff te bawd will c" alkx-v� le-cated cn ffie w evsste pr,,c,,,r to rrnkimg YcIff lkree, CNices. Animal Shelter Advisory Board Construction Code Board Historic Review Commission D,OB. MMMMM Parks & Recreation Preference I Board Planning & Zoning Commission Public Arts Advisory Preference2 Board Developm7l Corporati Zoning Board of Preference 3 Adjustment Fleva"s'e odw"'albe bre"fly °'Ohy yro, I wcvuld I ke serve as, a Fxxaf cis tIrTJ' QNMISSUI "UTtRt ' Code of Ethics Acknowledgement Rt,ase read ff* ImAyw ordinance Acknowledgment & Signature t have reviewed Ordinance No, 2014-19, City of Wylie Code of Ethics, above as required in Section 1 O(A) of the Ordinance, ff appointed, I agree to serve a tm year term to the Board/Commission that I have applied for. I am aware of the meeting dates and times of the Board/Commission I have applied for. If appo4ited, I agree to serve on the Board/Cornmission for s4iich I have appiied, or would consider an alternate appointment to a second or third board preference. I understand that I may be required to attend training on the Open Meetings Act and Public Information Act within 30 days of taking rny Oath of Office. E agree to contact the City Secretary's Office in the event ihere is a change in my contact information, My signature indicates that I have read, Understwid, and agree to alt conditions and that all of the above information is correct, Date * 09/11120,18 Personal Information First Name Last Name Melissa Kenfield Rarse prfyocyouf ft011 fit st atid hs.-t n�,InLe, Registered Voter Arv, ym a registeredvoter? r Yes (- No Voter Registration 'VMot Clyudlvare you rc- County* Collin Contact Information Phone No.* Alt. Phone No. Px, 123�456,78�0 ex 12,34E&MIGO Address * rt Address, Ad'-fteb s Ure 2 aN, Wylie Ro',Mal' / Zip 01",Aq, 75098 E-mail Residency* Aro ycu a V\"bdk.,. resida-V r Yes r No R,bvv 6cqg have ,cart l:e.en a %Vie ru.-,kknt? 5 years Employment Information Occupation associate professor R�Ae,,� Rovhce,,F4,,g(,,n TX C xvntry USA Boards and Commission Preferences Rease re,,x I that Loaro b,"aky"I on the W ebsAe pricx to rnrakiri�,, your three, d dx,,,es, Animal Shelter Advisory Board Construction Code Board Historic Review Commission D,OB. EMMMM Parks & Recreation Preference 2 Board Planning & Zoning Preference 1 Commission Public Arts Advisory Board I I I I Developm9t Corporati Zoning Board of Preference 3 Adjustment Flea%e Indicate tv,00y, vJ�y<xrmAd Na.,serve a-, a Bx ords and Cmmssxn 11"mit"X'r I stay Wormed in city affairs and would like to be more directly involved- I take the responsibilities of the city seriously, invest my time in reading the relevant codes, and I am Wiling to speak up Men something seerns amiss. While I do have preferences, I arn happy to serve any need, Code of Ethics Acknowledgement re�,!td V-e I-x-day crdinas ice Acknowledgment & Signature I have reviewed Ordinance No- 2014-19, City of Wylie Code of Ethics, above as required in Section 10(A) of the Ordinance. if appointed, I agree to serve aNvo year term to the beard/Cone rnission that I have applied for. I am aware of the meeting dates and Urnes of the Board/Commission I have applied for, if appointed, I agree to serve on the Board/Cornnilssion for which I have applied, or would consider an alternate appointment to a second or third board preference, I understand that t rnay be required to attend training on the Open Meetings Act and Public Information Act Wthin 30 days of taking my Oath of Office, I agree to contact the City Secretary's Office in the event there is a change in rny contact information. My signatUre indicates that I have read, Widerstand, and agree to all conditions and that all of the above information is correct, Date * 05/10/2019 Personal Information First Name * Last Name GURMEHAR SINGH Re;as,e pruvxx.�yotv full k',galfirst and Last n�,Ina Registered Voter Arv, ym a r Yes r No Voter Registration 'Ahat Cbuuy are ycu rejstere-1 in'? County* Collin Contact Information Phone No.* Alt. Phone No. ex: 1,23-456,78A) ex: 123-456-78,90, Address * Add,,ass Address Lne 2 a ty Wylie kx,181 ,, Zip c'4xk� 75098 Residency* Are y,x..o- WAe resi&fV r Yes r No Since July 2015 Employment Information Occupation Software Engineer Boards and Commission Preferences y.yu Animal Shelter Advisory Board Construction Code Board Historic Review Commission 11 a t c R ov i � xr, o b 9 i ctr i TX Cbun�r� United States MMMM= Parks & Recreation Board Planning & Zoning Preference 2 Commission Public Arts Advisory Board Wylie Economic Preference I Development Corporation Wylie Economic serve, or have served, as Chief Executive Officer of a company Development r serve, or have served, in a position of executive management of a company Qualifications W serve, or have served, in a professional capacity Zoning Board of Preference 3 Adjustment Fk,';ose" irrik"Ae, ixflyvvhy yc)uwa"Idl kkoserars, a Elcx--rds arxd r�,x-rrnssr,,n ni,,nt-et I Marti a Software Engineer and have served as team -lead and manager for various rates during nay career, Want to contribute more to the city I live in Wth rny skills and knov�Aedge, in addition to the service I provide to this country as a US Army reservist. I am also Block Captain for Charles Dr, Code of Ethics Acknowledgement Reasc,, rc-�,�.hj fiWIc-xv axdinance Acknowledgment & Signature I have reviewed Ordinance No, 2014-19, City of Wylie Code of Ethics, above as required in Section 1 O(A) of the Ordinance, ff appointed, I agree to serve a t%su year term to the Board/Commission that t have applied for, I am aware of the roasting dates and firnee of the Board/Conirnission i have applied for. K appointed, I agree to serve on the Board lCommiss ion for vbich I have appfied, or avould consider an alternate appointment to a second or third board preference. I understand that I rroy be required to attend training on the Open Meetings Act and Public Information Act Wthin 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand, and agree to all conditions end that all of the above information is r,orrect, Date * 03129/2019 Personal Information First Name Last Name Christopher Turner Reztse prcyvic. yotr full k"ga' f irst and Last Re giste re d Vote r Arv, yu a registend voter? r Yes r No Voter Registration iAhz,,t Coul tv are you rc- County* Collin Contact Information Phone No.* Alt, Phone No. E-mail ex, 123-45&78W ex� 123-456-78<X) Address * Strcvt Address Address L k2 oty Wylie Pr")f,ti Zrp GbJk� 75098 Residency* Are yt.0 a Vl,�4e rc,',sideN? r Yes r No 1,5yrs Employment Information Occupation Monitoring Engineer Ptak? / TX us Boards and Commission Preferences Rease re,�xi ff!and will calkns bcaal cxl be W CR_'s'Re pnor to € mking your thn-,c d k ices, Animal Shelter Advisory Board Construction Code Board Historic Review Commission D,OB. EMMMM Parks & Recreation Board Planning & Zoning Preference 1 Commission Public Arts Advisory Board Wylie Economic Preference 2 Development Corporation Woie Economic serve, or have served, as Chief Executive Officer of a company Development r serve, or have served, in a position of executive management of a company Qualifications W serve, or have served, in a professional capacity Zoning Board of Preference 3 Adjustment Fk,';ose" irrik"Ae, ixaefly vvhy Y'N"W"A"Id, kke sera ars a arxd 0�,x-missr,,n nwt-er, As a homeomer, I have a vested interest in our community, especially when it comes to development, I work in IT and would be interested in using r-ny skills to enhance Wylie Code of Ethics Acknowledgement Rease rea; i thci the4mv rffdnarxse Acknowledgment & Signature I have reviewed Ordinance No. 2014-19, City of Wylie Code of Ethics, above as required in ,;action 1 O(A) of the Ordinance, If appointed, I agree to serve a two year term to the Board/Con-irnission that t have applied for, I am aware of the meeting dates and tirnes of the Board/Commission t have applied for- If appointed, I agree to serve on the Board/Cornmission for Mich I have appfied, or would consider an alternate appointment to a second or third board preference- I understand that I may be required to attend training on the Open Meetings Act and Public Information Act \vithin 30 days of taking My Oath of Office, I agree to contact the City Secretary's Office in the event there is a change in my contact information, My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is correct, Date * 0111312019 Personal Information First Name Last Name Melisa Whitehead R,Me rxcrvd,-a youf full kgalf rst and hs.-t n�,Ina Registered Voter Arv, yw a r Yes (- No Voter Registration 'VMot Goad'vare you re., County* Collin Contact Information Phone No.* Alt. Phone No. e'123-11-6-7Ei�x) ex: 12,3-456-781,0 Address* Stu,,x3t iVldress Addess Line 2 Uy Wyke 75098 Residency* Are ym a Wyk., resdei it? r Yes r No g have yaj been a Vvykcrrenw.,lef it'? 7 years Employment I riformation Occupation Litigation Examiner for GEICO Boards and Commission Preferences Rease, read IhE,, tnarfj lcx-,ated ("n Me wal-sw prik"T 10 rrnFdnq yuur lh,,?e Animal Shelter Advisory Board Construction Code Board Historic Review Commission State/ Rovince, I [+,y3cn TX (,,'auntry United States D,OB. MMMMM Parks & Recreation Preference 2 Board Planning & Zoning Commission Public Arts Advisory Board Wylie Economic Preference 1 Development Corporation Wylie Economic serve, or have served, as Chief Executive Officer of a company Development r serve, or have served, in a position of executive management of a company Qualifications W serve, or have served, in a professional capacity Zoning Board of Preference 3 Adjustment Fk,';ose" irrik"Ae, loaf fty Why ycv wa,alol llkesera e-"as, a Ekx--rds arxd 0s,,rmissr,,n ni,,nt-et Since moving to Wylie, I have became an advocate for the city as +aell as the school district. I have always been a resident of Collin County, and I truly believe Wylie is the best city to live Aithin it, I arn currently involved in my local HOA and any interested in expanding into city affairs. Code of Ethics Acknowledgement Reasc,, rc-�,�.hj fiWlcxv ordinance Acknowledgment & Signature I have review Ordinance No, 2014-19, City oftylie Code of Ethics, above as required in Section 10(A) of the Ordinance, ff appointed, I agree to serve a two year term to the Board/Commission that t have applied for- I any aysare of the meeting dates and times of the Board/Commission I have applied for, if appointed, I agree to serve on the Board lCommiss ion for vbich I have applied, or muld consider an alternate appointment to a second or third board preference. I understand that I rnay be required to attend training on the Open Meetings Act and Public information Act within 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand, and agree to all conditions and that all (if the above information is oorrect, Date * 05/11/29019