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07-11-2006 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, July 11, 2006 - 6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mark B. Roath City Manager Richard Abernathy City Attorney Carole Ehrlich 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE ISSUANCE OF CERTIFICATE TO ELECTED COUNCIL MEMBER • Presented by Mayor John Mondy. ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBER • Administered by Judge Terry Douglas. July 11,2006 Wylie City Council Regular Meeting Agenda Page 2 of 4 PRESENTATIONS • Presentation to Outgoing 2005-2006 Boards and Commission Members. (J.. Mondy, Mayor) ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND REAPPOINTED BOARD AND COMMISSION MEMBERS • Administered by Judge Terry Douglas. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. 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. Approval of the Minutes from the June 26, 2006 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat for Woodbridge Addition Phase 13, subject property being generally located west of Woodbridge Phase 12 and north of Woodbridge Phase 10C, at the intersection of Lost Highlands Lane and Fairland Drive. (M. Manson, Assistant City Manager) REGULAR AGENDA Public Hearings 1. Conduct a Public Hearing, and act upon, Ordinance No. 2006-40 amending the zoning from Agricultural (A) to Commercial Corridor(CC), generally located south of S.H. 78 and east of Eubanks Lane, and more specifically at 1950 Highway 78 North. ZC 2006-10 (M. Manson, Assistant City Manager) Executive Summary The subject property is currently zoned Agriculture and is located at 1950 Highway 78 North. The property is currently the site of an existing convenience store and motor fueling station. The applicant is requesting that the property be rezoned to Commercial Corridor. It is unclear why the property was not rezoned with the city-wide rezoning in November 2001. July 11,2006 Wylie City Council Regular Meeting Agenda Page 3 of 4 General Business 2. Consider, and act upon, Ordinance No. 2006-41 amending Ordinance No. 2006-32 modifying the City of Wylie Drought Contingency Plan Stage 3 allowed watering days and procedures for enforcement. (C. Holsted, City Engineer) Executive Summary The recent adoption of Ordinance No. 2006-32 has resulted in a drop of City water usage; however, the system water pressure has lowered in the northwest area of the City on the designated watering days. Adoption of Ordinance No.2006-41 modifies the allowable watering days within the City of Wylie and the procedures for enforcing the mandatory water use restrictions. 3. Consider, and act upon, a Development Agreement between the City of Wylie and Estates at Creekside Phase IV Development, Inc. (C. Holsted, City Engineer) Executive Summary The recently adopted Water and Sewer Capital Improvements Plan identifies lines and pump station improvements necessary to serve future development of the City. The plan specifies that a 20-inch water line is necessary in the Creekside Estates Development to connect the new elevated storage tank to the system. The projected cost for this project in the capital improvements plan is$866,000. 4. Consider, and act upon, a Development Agreement between the City of Wylie and Woodbridge 13, Ltd. (C. Holsted, City Engineer) Executive Summary The recently adopted Water and Sewer Capital Improvements Plan identifies lines and pump station improvements necessary to serve future development of the City. The plan specifies that a 12-inch water line is necessary to loop the water system in the Woodbridge Development. The projected cost for this project in the capital improvements plan is$740,000. 5. Consider, and act upon, accepting bid and entering into lease agreement on 65 acres of City property to be used for hay production. (M. Sferra, Public Services Director) Executive Summary Competitive bids were solicited for the lease of approximately 65 acres of property located on what is commonly referred to as the Wells Property. One bid was submitted by Larry K. Allen in the amount of $12.00 per acre for a total of$780.00 annually. The lease agreement provides for temporary use of the property for the sole purpose of hay production. 6. Consider, and act upon, Ordinance No. 2006-42 establishing a Code of Ethics. (J. Fort, Attorney-at-Law) Executive Summary Mayor John Mondy expressed interest at the June 13th City Council meeting in establishing a Code of Ethics. The City Attorney's Office has drafted legislation on ethics for Council consideration and possible action. 7. Consider, and act upon, authorizing the City of Wylie to join other cities in proceedings involving coal generation before the Texas Commission on Environmental Quality. (J. Mondy, Mayor) Executive Summary Ms. Laura Miller, Mayor, City of Dallas has forwarded to Mayor John Mondy a memorandum and White Paper involving potential proceedings before the Texas Commission on Environmental Quality regarding coal plants. July 11,2006 Wylie City Council Regular Meeting Agenda Page 4 of 4 WORK SESSION • Discussion on the City of Wylie's 120t" Birthday Celebration. (M. Sferra, Public Services Director) RECONVENE INTO REGULAR SESSION 8. Consider, and act upon, the City of Wylie's 120t" Birthday Celebration. (M. Sferra, Public Services Director) Executive Summary Should City Council desire to mark the event with a celebration, logistical coordination including items such as selecting a date,time, and location, identifying funding sources, arranging partnerships, scheduling events and activities,and appointing a coordinating committee may be considered. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I cert; that this Notice of Meeting was posted on this 7th day of July, 2006 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. Carole Ehrlich,City Secretary Date Notice Removed _41 Wylie City Council CITY OF WYLIE Minutes Special Called Meeting Wylie City Council Monday, June 26, 2006 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Red Byboth, Councilman Eric Hogue, and Councilman Earl Newsom. Councilman Merrill Young and Councilman Rick White were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Finance Director, Larry Williamson; Public Library Director, Rachel Orozco; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Hogue gave the Invocation and Councilman Porter led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There was no one present to address Council during Citizen Comments. CANVASS OF ELECTION • Consider, and act upon, Resolution No. 2006-20(R) declaring the results of the Official Canvass of the Special Runoff Election of June 17, 2006. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Resolution No. 2006-20(R) declaring the results of the Official Canvass of the Special Runoff election of June 17, 2006. A vote was taken and passed 5-0 with Councilman White and Councilman Young absent. Minutes—June 26, 2006 Wylie City Council Page 1 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. Approval of the Minutes from the June 6, 2006 Special Called Meeting and the June 13, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expenditure Report as of April 31 and May 31, 2006. (L. Williamson, Finance Director) C. Consider, and act upon, a Final Plat for Parkside Addition Phase II, creating 84 single-family residential lots, generally located north of F. M. 544, west of F.M. 1378 and northwest of Parkside Phase I Addition. (M. Manson, Assistant City Manager) D. Consider, and act upon, awarding a contract to Fireman Excavating, Inc., in the amount of $47,410.00, for the installation of new guardrails at various locations within the City. (M. Sferra. Public Services Director) E. Consider, and act upon, Resolution No. 2006-21(R) authorizing the application for a Collin County Park and Open Space Grant for the purposes of land acquisition for Founders Park. (M. Sferra. Public Services Director) Council Action A motion was made by Councilman Hogue, seconded by Councilman Byboth to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilman White and Councilman Young absent. REGULAR AGENDA General Business 1. Consider, and act upon, the recommendations of the 2006 B & C Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Wylie Economic Development Corporation and Zoning Board of Adjustments for those whose terms expire in July of 2006. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees. Interviews for board and commission appointments were conducted on June 12th, June 15th and June 19th by a panel consisting of three council members. The applicants consisted of 36 new applicants and 18 current members seeking Minutes—June 26, 2006 Wylie City Council Page 2 reappointment. The 2006 Boards and Commissions Interview Panel has made their Board and Commission appointment recommendations and will present them tonight. Council Action A motion was made by Councilman Porter (B & C Interview Panel Chair), seconded by Councilman Newsom (B & C panel member) to approve the following recommendations for Boards and Commission appointments for 2 year terms unless otherwise noted: Animal Shelter Advisory Board Construction Code Board Chuck Kerin—Licensed Veterinarian Ronald Hauck—replaces Mike Phillips Diane Culver—Resident of the City Elvia Clark—replaces Guy Gordon Ken Qualls—Animal Shelter Employee(1 year term) Jim Chaney—re-appointed Heather Screws—Animal Welfare Representative Earl Newsom—County or Municipal Official (1 year term) Library Board Parks& Recreation Board Lucy Shriver—replaces Kelli Bolton Donna Larson—replaces Eugene Garner Grace Morrison—reappointed Anne Hiney—re-appointed Junaid Najamuddin—reappointed Benny Jones—re-appointed David Willey—re-appointed Parks& Recreation 4B Board Planning &Zoning Commission John Mondy—re-appointed Scott Ames—re-appointed Merrill Young—re-appointed John Onutreczuk—replaces Eric Alexander Rick White—re-appointed Tim Bennett—replaces M. G. Byboth David Goss—replaces Dave Hennessey Dennis Larson—re-appointed Wylie Economic Development Board (3 vr. terms) Zoning Board of Adjustments Gary Bartow—re-appointed Marilyn Herrera—re-appointed John Yeager—re-appointed Layne LeBaron—re-appointed Merrill Young—re-appointed Thomas Young—replaces Mitch Herzog Jeff Ellis—re-appointed A vote was taken and passed 5-0 with Councilman White and Councilman Young absent. ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 6:10 p.m. with Councilman Newsom making the second. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—June 26, 2006 Wylie City Council Page 3 RESOLUTION NO. 2006-20(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE RUNOFF ELECTION OF JUNE 17, 2006 FOR THE PURPOSE OF ELECTING ONE MEMBER OF THE WYLIE CITY COUNCIL, PLACE 4 FOR A TERM OF THREE YEARS. WHEREAS,the City Council of the City of Wylie,Texas(City)held a Runoff Election on June 17,2006 for the purpose of electing one member of the Wylie City Council for a term of three years; and WHEREAS,a Canvass of the Runoff Election including the returns was conducted on June 26, 2006; and WHEREAS,it was found that the person herein named received the following votes for said term of office on the Wylie City Council of the City of Wylie, Texas: Council Place 4, Joel Hemphill received 361 or 46.22% of the votes cast Merrill Young received 420 or 53.78% of the votes cast 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. Merrill Young is hereby declared to be elected as Council Member Place 4. SECTION 3. The Wylie City Council hereby finds and determines, as a result of the Canvass, held on June 26, 2006, that a combined Election Day and Early Vote total of 784 votes were cast in the Runoff Election, with 481 early votes cast, as indicated by the poll list for the Runoff Election held on June 17, 2006. SECTION 5. It is hereby declared that the City of Wylie approves and accepts the results of the Runoff Election for Council Place 4 as set forth in the Order attached hereto as Exhibit A,as determined by the majority vote of the qualified voters of the City of Wylie. SECTION 6. This Resolution will become effective immediately upon its passage by the Wylie City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF Resolution No.2006-20(R) Canvass of the Runoff Election 1 WYLIE, TEXAS, on this 26th day of June, 2006. zi J Mondy, Mayor ottliliii/II!! <o`'s p F IN y'•, ATTEST: � , " : ‘7--€41r4f — Carole Ehrlich, ity Secretary , i,is. ,,,,,,.• �5 •iiirmi wok' Resolution No. 2006-20(R) Canvass of the Runoff Election 2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 11, 2006 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: June 30, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, a Final Plat for Woodbridge Addition Phase 13, subject property being generally located west of Woodbridge Phase 12 and north of Woodbridge Phase 10C, at the intersection of Lost Highlands Lane and Fairland Drive. Recommendation Motion to approve a Final Plat creating 208 single-family residential lots in the Woodbridge Addition Phase 13. Discussion The property totals 42.2715 acres and will create 208 single-family residential lots. The subject property is part of the larger mixed use Woodbridge Planned Development (PD 98-15), which consists of Single-Family Residential of varying densities, Multifamily Residential, a Golf Course, Parks, Commercial, a School Site, and Common Open Spaces. The entire Planned Development is 921 acres in size, of which approximately 409 acres and 1,650 single- family lots of the PD are located within the Sachse city limits. The portion of the PD located within the Wylie city limits is approximately 512 acres in size and includes a golf course, a school site, common and public open spaces, and approximately 980 single-family residential lots (SF-5.5, SF-7.2 and SF-8.4). The Phase 13 Addition currently under consideration creates lots of 5,500 square feet minimum in compliance with the PD. This is the fifth residential phase which is entirely within the Wylie City limits. The Concept Plan was approved by the City Council as part of the original Planned Development (PD 1998-15) on June 9, 1998, and a Preliminary Plat was approved by City Council on May 23, 2006. Lost Highlands Lane will serve as the primary point of access. The Final Plat substantially conforms to the approved Conditions of the Planned Development District and Development Plan, and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. Approved By Initial Date Department Director City Manager MBR 07/06/06 Page 1 of 1 // // 3G.76 AEXE$ 5 SITE PRY OF w.nr CLF7 3, µOLE4 K // HEN IINOLL MOLE NONE PARK WC 73J.PC I m'a"'` // GB E.SQ0f a Nr past,. NRCC7. ORC.C.r C,` .NOSE F w.powrw( �// AvraNa rtA.) AgR,H 7,M99)t a0' 5/e-MSC S 87'56''32"E 205.48' 5/8'arsc rAn f,50b.EO O _4 m 5 87'57 40'E 45512' MVAaMDEIt a I.A3S06 ACRES �•• •,, sa•• •.• 2'm5r P:,' TACC PROPCRTIE5,,LW PROPOSED C.C.0 F.NO.9 7-010 7 782 $ ® a Rg Ra .8 '. 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I.R.CC.T e N ,q.DUon MRn among mme an..anan armun am*Name , , OP[N•S•Wtt /\ a...r•c.N. a+a Tcr naa••,., w.Ms Wb6a.toOna w.Y M166m.6MMNa.66.6 peme' - SHEET 2 of 3 ti Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 11, 2006 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: June 30, 2006 Budgeted Amount: Exhibits: Three Subject Conduct a Public Hearing, and act upon, Ordinance No. 2006-40 amending the zoning from Agricultural (A) to Commercial Corridor (CC), generally located south of S.H. 78 and east of Eubanks Lane, and more specifically at 1950 Highway 78 North. Recommendation Motion to approve Ordinance No. 2006-40 amending the zoning from Agricultural (AG) District to Commercial Corridor(CC) District, located at 1950 Highway 78 North. Discussion Owner: Ray Dean Miller Applicant: Chris Trout The subject property is located south of S.H. 78 and east of Eubanks Lane and is zoned Agricultural. The applicant is requesting that the subject property be rezoned to Commercial Corridor(CC) District. An existing convenience store and motor vehicle fueling station currently occupies the site. It is unclear why this property was not rezoned with the city-wide rezoning in November 2001. The philosophy of the Comprehensive Plan recommends Commercial Corridor (CC) zoning district which includes such uses as convenience retail and services to light industry. The current use of convenience store and motor vehicle fueling station is a permitted use within the CC District. Notification/Responses: Seven (7) notifications were mailed, with one written response favoring the request and none opposing were returned at the time of posting. The Planning and Zoning Commission voted 5-0 to approve the request. ZC 2006-10 Approved By Initial Date Department Director City Manager MBR 07/06/06 Page 1 of 1 ORDINANCE NO. 2006-40 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 2006-10, TO COMMERCIAL CORRIDOR(CC) DISTRICT; 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) District, said property being described in Exhibit"A", attached 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. 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 11th day of July, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: , in the Exhibit"A" Legal Description Zone Case#2006-10 BEING in the Francisco De La Pina Survey, Abstract No. 688-2,and being a part of a 45.75 acre tract designated as First Tract in Deed dated June 11, 1945, from H.R.Winn and wife to Nolan Eubanks, recorded in Volume 353, Page 315,of the Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at an iron pin in the South right-of-way line of State Highway No. 78, 924.8 feet East of the West line of said 45.75 acre tract; THENCE South 208.7 feet to an iron pin for corner; THENCE East 236.5 feet to an iron pin for corner; THENCE North 208.7 feet to an iron pin in the South right-of-way line of State Highway No. 78; THENCE West 236.5 feet with said South right-of-way line to the PLACE OF BEGINNING. t • ys aft a • ilk y .•/ry 7.+- C,.'''.7 y $. $ d,t fir` • ^i!_ '+X,u,} .f g a,. ,,,,„;,,,,, lit". k ' r MS w ! tea .' 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Briv all 1 i .11111THWilla ..,r'.---.)----"- i lk 1 1 1 1 1 i i il 0, m LOCATION MAP • ZONING CASE #2006...10 NOTIFICATION REPORT APPLICANT: Chris Trout APPLICATION FILE #2006-10 1705 Mapleleaf Drive Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 1705 Mapleleaf Drive 1 Chris Trout Wylie, Texas 75098 6500 Sudbury Road 2 Abst 688-2 Tract 61 R-6688-002-0610-1 Men National Property, LLC Plano, Texas 75024 Eubanks Living Trust 1900 State Highway 78 North 3 Abst 688-2 Tract 63 R-6688-002-0630-1 Archie Eubanks Wylie, Texas 75098 11160 State Highway 205 4 Abst 688-2 Tract 64 R-6688-002-0640-1 Ray Miller Lavon, Texas 75166 Eubanks Living Trust 1900 State Highway 78 North 5 Abst 688-2 Tract67 R-6688-002-0670-1 Archie Eubanks Wylie, Texas 75098 2000 Highway 78 North 6 Abst 688-2 Tract 195 R-6688-002-1950-1 City of Wylie Wylie, Texas 75098 Woodlake Village 5949 Sherry Lane #1220 O 7 BIk A Lot 1 R-2381-00A-0010-1 CT Beckham Dallas, Texas 75225 8 9 10 11 12 • 13 14 15 16 G — re„- 17 X (tGoJ.\ t 18 [ I • • I I W°°d[Ida I C Vi ila6 fr1 7 i et6 1 1 / 8 ,..,..,.,...,,,..„.., ...i .,...,, ,,, ,,.. ..i-„k; I.,,,,.;.71::,.„..y.,;,,...„, t0 ,,„,,,,4.. 44, ;,..;,.:.:;-,,d,...4.-i.,.---.---,,,,,...\ 0 . tvolv,,,i4...;,:,...;-..4,-,4'..,,,,t.•? •.•'A '.-. i .•.,„ ,-4r....-07,, .:,,,.. ...,,,,.4.vti, c •,. . . • ' . 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I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,June 20,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,July 11, 2006,6:00 pm Municipal Complex, 2000 Highway 78 North,Wylie,Texas Name: al: W5C/4/091(1/ (please print)Address: S'9'I9 .5. A/ ., Sir/TLC /zzo DAt,I-.Ars/T. Sz 24 Signature: Date: jad,E 0 202,6. COMMENTS: Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 11, 2006 Item Number: 2 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: June 29, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2006-41 amending Ordinance No. 2006-32 modifying the City of Wylie Drought Contingency Plan Stage 3 allowed watering days and procedures for enforcement. Recommendation Motion to approve Ordinance No. 2006-41 amending Ordinance No. 2006-32 modifying the City of Wylie Drought Contingency Plan Stage 3. Discussion On June 6, 2006 City Council approved the adoption of the North Texas Municipal Water District Drought Contingency Plan. The plan allows for watering once every seven days. The City was divided into two areas along S.H. 78 and customers were allowed to water on Tuesday or Thursday depending on their location. The City has seen a drop in water use; however, on one allowed watering day, the system pressure in the north west portion of the City was lower than normal. Note: The City's water use for the month of June is shown on the attached graph. The stage 3 requirements went into effect on June 19th with the first allowed watering day on June 20th. The attached ordinance recommends watering once every seven days on the customer's trash pick-up day. The attached ordinance also modifies the procedures for enforcing the mandatory water use restrictions. The plan currently requires that a written warning be issued on the first violation. Many of the violations occur during the evening hours or at night and our enforcement personnel must obtain a signature from the customer the next day that they have received the warning. The proposed revision would allow a citation to be written on the first offense which would eliminate the need for the customer to acknowledge in writing that they received the warning. Warnings will still be issued by means of a door hanger or other form left at the residence or place of business. Revisions have also been made to the enforcement section of the ordinance that will allow the City Manager to designate employees that may enforce the requirements. Currently the Wylie Police Department issues the citations; however, due to their current call load it may be necessary to have other personnel available to enforce the ordinance. The Creekside elevated storage tank is scheduled to be completed in March 2007. The water system will be divided into two service zones and system pressure will be increased by approximately 20 psi in the north west portions of the City. Page 1 of 2 Page 2 of 2 Approved By Initial Date Department Director City Manager MBR 07/06/06 June Water Use 9,000,000 •Daily Water Use 8,000,000 — 7,000,000 6,000,000 05,000,000 =a 3,000,000 2,000,000 I I I I I!I!II!I!I I I I — — — -- — — fJ. 1,000,000 — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Day ORDINANCE NO. 2006-41 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2006-32, MODIFYING THE STAGE 3 ALLOWED WATERING DAYS AND PROCEDURES FOR ENFORCEMENT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Ordinance No. 2006-32 modifying the City of Wylie Drought Contingency Plan (the"Plan") as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Section 2 of Ordinance No. 2006-32 Adopting Exhibit A-- NTMWD Drought Contingency Plan. Exhibit A of Ordinance No. 2006-32 is hereby amended to add the following underscored text and delete the struck-through text where indicated: On page 3-6 to 3-7 of Exhibit A: 3.4 Drought and Emergency Response Stages Stage 3, Severe Requires Notification to TCEQ — Limit landscape watering with sprinklers or irrigation systems at each service address to once every seven days on the regularly scheduled trash collection day. (Exceptions: Foundations, new plantings (first year) of shrubs, and trees may be watered for up to 2 hours on any day by a hand-held hose or a soaker hose. Golf courses may water greens and tee boxes without restrictions. New plantings of grass may be watered for up to 1 hour on any day by any means for the first 30 days after installation. Restrictions do not apply to locations using treated wastewater effluent for irrigation.) On page 3-9, the two bullet points at the bottom of the page: 3.6.1 Procedures for Enforcing Mandatory Water Use Restrictions • On the first violation, customers will be given a written warning that they have violated the mandatory water use restriction. • On the first Second and subsequent violations, citations may be issued to customers, with minimum and maximum fines established by ordinance. On page 3-10, Section 3.6, after the last bullet point: Ordinance No. 2006-41 AMENDING DROUGHT CONTINGENCY PLAN Page 1 • Any City of Wylie employee, as designated by the City Manager, may implement any provision of the enforcement process of the Drought Contingency Plan. No other parts of Exhibit A are amended by this Ordinance. SECTION 3: Penalty Provision. Any person, firm, corporation or business entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City of Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing Clause. Ordinance No. 2006-32 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on July 1 l th,2006. JOHN MONDY,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary DATE OF PUBLICATION: ,in the Ordinance No. 2006-41 AMENDING DROUGHT CONTINGENCY PLAN Page 2 Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: June 27, 2006 Item Number: 3 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: June 16, 2006 Budgeted Amount: Exhibits: Three Subject Consider, and act upon, a Development Agreement between the City of Wylie and Estates at Creekside Phase IV Development, Inc. Recommendation Motion to authorize a Development Agreement between the City of Wylie and Estates at Creekside Phase IV Development, Inc. Discussion Council recently adopted updates to the City's 10-year water and sewer capital improvements plan. The plan identifies lines and pump station improvements necessary to serve future development of the City. A 20-inch water line is necessary in the Creekside Estates development to connect the new 2 MMG elevated storage tank to the system as shown in the attached drawing. As phases of Creekside have developed, portions of the water line have been installed by the developer and the construction cost has been reimbursed by the City. The project includes approximately 3,500 linear feet of 20-inch water line and related appurtenances. The projected cost for the project in the capital improvements plan is $866,000. The current water impact fee balance is approximately $1,700,000. Approved By Initial Date Department Director City Manager MBR 7/06/06 Page 1 of 1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND ESTATES AT CREEKSIDE PHASE IV DEVELOPMENT, INC. THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into by and between Estates at Creekside Phase IV Development, Inc. (the "Developer"), and the City of Wylie, Texas (the "City"). The Developer and the City are hereinafter collectively called the "Parties". WHEREAS, Developer desires to and shall develop the Property as a Planned Development in accordance with the City's Ordinance No. 99-32, the Comprehensive Zoning Ordinance No. 2001-48 (the "Zoning Ordinance"), the Subdivision Regulation Ordinance No. 2003-03 (the "Subdivision Regulations") and any other applicable City ordinance, as they all currently exist, including amendments, or may be amended; to the extent there is any conflict between Planned Development Ordinance No. 99-32 and the Zoning Ordinance, the terms of Planned Development Ordinance No. 99-32 shall prevail; and WHEREAS, Subchapter C, Chapter 212, Local Government Code, provides, in pertinent part, that City and Developer may, among other things, contract to allow the Developer to construct public improvements; and WHEREAS, a 20-inch water line is necessary to loop the water system in the Woodbridge development; and WHEREAS, City is entitled to collect impact fees, as described in City Ordinance No. 90-10, as amended or supplemented by City Ordinance Nos. 93-4 and 97-4, 2001-19, 2001-42, 2001-56, and 2006-25 and any other Ordinances amending or supplementing impact fees, whether now existing or in the future arising for water, sewer and thoroughfares (collectively, the "Impact Fee Ordinances"); and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the Parties agree as follows: 1. Land Subject to Agreement. The land that is the subject of this Agreement is 51.44 acre tract of land, more or less, as more particularly described in Exhibit "A", attached hereto and incorporated as if fully set forth herein (the "Property"). Developer represents it will be the sole owner of the Property. 2. 20-inch Water Line. Developer acknowledges and agrees that the construction of a 20- inch water line as shown in Exhibit "B" is necessary to serve all or a portion of the development to occur on the Property (the "Water Line"). A. Easements for Water Line. The City shall secure all easements or other right of access determined by City to be necessary for the Water Line (the "Easements"). Creekside Estates Development Agreement Page 1 454098.v2 B. Construction of Water Line. To facilitate the development of the Water Line, Developer shall obtain a detailed quote or offer of costs for Developer to construct the Water Line ("Developer's Quote"). Developer's Quote shall be obtained by Developer and submitted to the City upon receipt, but not later than sixty (60) days after Developer receives from the City the information and documents necessary to obtain the quote or offer. City shall review Developer's Quote and may compare it with bids received by the City. If City does not award a contract to one of its bidders, then Developer shall construct the Water Line in accordance with Developer's Quote and dedicate it to the City. City shall notify Developer that it has awarded a contract or that it has rejected all bids within seven (7) business days of making such decision. If City notifies Developer that it has rejected all bids, Developer shall submit its final contract for construction to City for approval, which shall not be unreasonably withheld. Developer shall cause construction of the Water Line to begin within forty-five (45) days of receipt of notice from the City that it approves of the contract and will actively continue construction until the Water Line is complete and accepted by the City. In the event that the Developer fails to comply with its obligations in this paragraph, City may continue with its own plans and timeline for construction of the Water Line that it had prior to this Agreement. C. Reimbursement of Water Line Costs. If Developer constructs the Water Line in accordance with paragraph 2.B. above, Developer will be entitled to reimbursement by the City of One Hundred Percent (100%) of the amount of Developer's Quote or Developer's actual costs, whichever is less. Developer will also be entitled to reimbursement of actual expenses for engineering services not to exceed $5,500.00 related to the design of the water line. The City agrees to reimburse Developer on a monthly basis for costs incurred within twenty (20) days of receipt of invoice for the portion of the Water Line that is constructed. Developer shall not cause work to be performed, or approve any contract amendments (or series or group of amendments), which will result in an aggregate increase in the contract price in an amount greater than twenty percent (20%) of Developer's Quote, or which will result in an extension of the time for completion of the Water Line or change in types of materials or methods of construction being used under the contract, unless the Developer shall have received City's prior written approval of such amendment. In the event that the Developer fails to secure such approval, the contract shall be deemed not to have been modified by such amendment and Developer shall not be entitled to reimbursement for any amounts contained in the amendment. The City represents to Developer that sufficient funds are available to fully reimburse Developer for the cost of the Project as allowed herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, CITY SHALL NOT BE OBLIGATED TO REIMBURSE DEVELOPER FOR ANY CONSTRUCTION COSTS FOR THE WATER LINE,AS PROVIDED HEREIN,UNLESS AND UNTIL CITY APPROVES SAID CONSTRUCTION COSTS IN WRITING AND DEVELOPER PROVIDES COPIES OF CONTRACTOR'S INVOICES AND VERIFICATION OF PAYMENT, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, AFFIDAVITS OF PAYMENT EXECUTED BY THE CONTRACTOR AND ANY OTHER SUPPORTING DOCUMENTATION REASONABLY REQUIRED BY CITY BEFORE ANY AMOUNT IS TENDERED TO DEVELOPER. 3. Capital Improvement Plan. City acknowledges and represents to Developer that the Water Line is included in the City's Capital Improvements Plan. Creekside Estates Development Agreement Page 2 454098.v2 4. Impact Fees. Developer acknowledges that the Property is subject to the Impact Fee Ordinances. Developer is not receiving any credit towards water or sewer impact fees under this Agreement and this Agreement does not alter the City's right to assess and collect water and sewer impact fees against the Property pursuant to the Impact Fee Ordinances. 5. Continuity. This Agreement shall be a covenant running with the land and shall be binding upon the Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. In addition, the parties shall cause this Agreement to be filed in the Land Records of Collin County. 6. Sovereign Immunity. Developer and City agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 7. 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 State Mail, addressed to the party to be notified, postage pre-paid and registered or verified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date factual 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 notice,the addresses of the parties shall be as follows: If to Developer to: Estates at Creekside Phase IV Development, Inc. Attention: James Melino 8325 Douglas Avenue, S650 Dallas, Texas 75225 With a copy to: If to City, to: Mark B. Roath, City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 With a copy to: Julie Y. Fort Abernathy, Roeder, Boyd&Joplin, P.C. 1700 Redbud Blvd., Suite 300 McKinney, TX 75069 8. INDEMNIFICATION. DEVELOPER, ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES, DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, Creekside Estates Development Agreement Page 3 454098.v2 JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF DEVELOPER, ITS OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR THE DEVELOPMENT AND/OR SUBDIVISION OF THE PROPERTY, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF CITY (HEREINAFTER "CLAIMS"). IN THIS CONNECTION, DEVELOPER, ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES,AGREES TO RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS CITY, ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FOR CITY'S, ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND/OR EMPLOYEES,OWN NEGLIGENCE, IN WHATEVER FORM, ARISING OUT OF ANY ACT OR OMISSION, TAKEN OR FAILED TO BE TAKEN BY CITY, RELATING IN ANY MANNER TO THE PROPERTY, REGARDLESS OF CAUSE OR ANY CONCURRENT OR CONTRUBUTING FAULT OR NEGLIGENCE OF CITY. DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING ITS 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 CITY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CITY'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. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 9. PARTIES' ACKNOWLEDGMENT OF CITY'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES, RULES AND REGULATIONS/DEVELOPER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. A. THE PARTIES ACKNOWLEDGE AND AGREE THAT: 1. THE PUBLIC IMPROVEMENTS TO BE CONSTRUCTED AND/OR PAID FOR BY THE DEVELOPER AND/OR THE FEES TO BE IMPOSED BY THE CITY REGARDING THE PROPERTY DO NOT CONSTITUTE A: (a) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; Creekside Estates Development Agreement Page 4 454098.v2 (b) VIOLATION OF THE TEXAS WATER CODE, AS IT EXISTS OR MAY BE AMENDED; (C) NUISANCE; AND/OR (d) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. 2. THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION (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 THE ROADWAY, WATER AND/OR SANITARY SEWER SYSTEM OF THE CITY. 3. DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY FROM ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS PARAGRAPH. B. DEVELOPER RELEASES THE CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. C. DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION,STATUTE AND/OR CASE LAW AND/OR FEDERAL,STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Vested Rights/Chapter 245 Waiver. Nothing in this Agreement shall be implied to vest any rights in the parties. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code and nothing in this Agreement provides the City with fair notice of Developer's project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE UNDER THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. Attorney's Fees. In any legal proceeding brought to enforce the terms of this Agreement, including but not limited to a proceeding brought pursuant to ¶ 9 or 10 above, the prevailing party may recover its reasonable and necessary attorneys' fees from the non-prevailing party as permitted by Section 271.159 of the Texas Local Government Code, effective on September 1, 2005 or as it may subsequently be amended. Creekside Estates Development Agreement Page 5 454098.v2 12. Construction. All construction will be in accordance with applicable Ordinances and Codes of City. Evidence of any bonds required by Section 212.073 of the Texas Local Government Code, or other applicable law, shall be provided by Developer to the City. 13. Compliance with Ordinances. The parties hereto acknowledge this Agreement is limited to setting forth the obligations of City to reimburse Developer for construction of the Water Line as set forth herein. City ordinances, including but not limited to those establishing construction standards, covering on-site improvements, property taxes, tap fees, utility rates, zoning, permits, water, sewer and thoroughfare impact fees, subdivision regulations and the like, are not affected by this Agreement. Unless expressly stated herein, this Agreement does not waive or limit the obligations of Developer to City under any ordinance, whether now existing or in the future arising. 14. Miscellaneous. a. Assignment. This Agreement is assignable upon the following conditions: - i. the assignment of the Agreement must be evidenced by a recordable document. The recordable document referred to in this paragraph is subject to the approval of City; ii. at the time of any assignment, Developer must give the assignee written notice that any and all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee; iii. Developer will file any approved, executed assignment in the Land Records of Collin County, Texas; and iv. Developer shall provide City with the name, address, phone number, fax number and the name of a contact person for the assignee. b. 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 mutual written agreement of the parties hereto. c. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. d. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Creekside Estates Development Agreement Page 6 454098.v2 e. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. h. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect nay other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. i. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. j. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. k. 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. i. Force Majeure. If performance by either party of any term, condition or covenant in this Agreement is delayed or prevented by an act of God, strike, lockout, shortage of material or labor, any federal or state law or any order, rule or regulation or governmental authority, civil riot, flood, or any other cause not within the control of the party, the period for performance of the term, condition or covenant shall be extended for a period equal to the period said party is so delayed or prevented. Creekside Estates Development Agreement Page 7 454098.v2 m. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon the Developer, and its respective, officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees. n. Recitals Incorporated. The recitals set forth above are incorporated as if set forth herein and the parties relied upon the accuracy of the recitals when entering into this Agreement. o. Exhibits Incorporated. Each exhibit attached to this Agreement and referenced above is incorporated into this Agreement for all purposes as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the last date written below. City of Wylie, Texas, Estates at Creekside Phase IV Development, Inc. a municipal corporation By: By: John Mondy, Mayor James Melino, Date: Date: Creekside Estates Development Agreement Page 8 454098.v2 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared JOHN MONDY, the Mayor of the CITY OF WYLIE, TEXAS, a municipal corporation, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF WYLIE, TEXAS and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared JAMES MELINO, the of ESTATES AT CREEKSIDE PHASE IV DEVELOPMENT, INC., known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for ESTATES AT CREEKSIDE PHASE IV DEVELOPMENT, INC., and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: Creekside Estates Development Agreement Page 9 454098.v2 EXHIBIT "A" LEGAL DESCRIPTION Creekside Estates Development Agreement Page 10 . 454098.v2 • • ass rr 'A' • 57ATE.'.YJP TEXAS -Covatr OF COMM . wrE11EA5•ESTA1ES At G®f9Dk Pine it{oEke.OiMfleL ING to tho solo•owner of o tweet of Tana MNustsd is Abttfett No. 594,and ei the d er,alitdrM st.rwK Aestract Na 'M9,h the Gt'of Wlto.rCoi n,Hartsell Satiaa a. of that caned 97-131 acne tract of toad Carmen,to Carelian/44" . .. wy,Ui Galin deeel Ord d nutty ,part Cot. Coun Totem, and being more • POrMble'by deed reewded In eaa�ty Cork No. �=003Z454. Dead accords. � . portkularly described as Mom,• -..'eECINNtedC at a 3/8"Iran rod art for corner of the eartheasi career if a tract consoled to EdifOof Pay.and Daly Joe 0aniti•Oe'by deed records.)in venom 457.:Pam 195,-Dead Rocarde, Collin Caunty. Texo,. and'en at comer Of sold ComtbOM/MwYla tract; ' .",THENCE A'O1'! ' er.Otani the comnim One between Raid insets. a diatoece or 831.s;feet too 5/8'Iran rod • .oat far cant ,THENCE'N se'41111'E.edpafttng said Common IMe. o.distance of 1do.00 Nat to a 6/$'-Won't0d set far coma: niENCE N'0178'$8' W, a dlstanee of 30.16 feet to a 5/8'iron fad set for earner, 1HEricE tf etrof'O1'E o dlatenae of 175.17 fowl.to'a S/8'Yon rod set far comer. _ merg'S'5Tb1'43't a dtatanee'of 1/0.05 foot to a 5/8'ten rod set for eamor: •. THENCE'N o270'09'-C.a dktw.ca Of Z1.24 feet to a 5/8 iron red at for earner. .-THENCE S 8739'51"E;a dletatoe of 50.00 feet to a 5/6'bon red sot for comer at the.beginning 0f a eurw•to • the Hght ONO,has a Fantrat morel of 1395'3.3", a radba of.5420.00 feet and a abort Mtch bears S 8197'05'E '.1235.81 Met 'THENCE clang aai4.curoo to the right do'are*nonce of 1938.50 foci,ta.e 5/8'ben rod tot for corn. TNENCt'if 2055O7°E a dklance 4f 13,10.fat to a 3/8'ken red set for comer: . THENCE 5 6934'53'C,a diatoms of$0.05 toot to a 5/8'Iron rod set ter comer, ' THENCE S 72"1 4'21'E.a distance of 488_94 toot to a y/8'iro,red eat for core' • • - :THENCE S 80'46'297 E a dietanee Of,3Y7.00 reel to a 5/5'Iron rod at few comer In ate west'Tre Of Rlsondroae. • Phase 3. en.Addttlan to the City.of llye, Twat'as recorded by plat in Cabinet 0, Page 262.Plot Recarde..OdRn '.County. Tease: _ THENCe S 0013'31'N, clang the west Ina of mid Addrtion. a distant.of 214.00 feet to a 6/8"bon red at ter corner at the aoothweet whir Of sold RNcrcheoc Phase 3 Addtllon and tta earthed came'.4r Rivi t'M.C.Phan 2. at Addition.to the City Of Nyfe..Terms; ao'recOrdod by plot it Cobbwt N.Pole 701'Plot Records:Cede Cots,ty. Te re. THENCE 5-ar'S$'ti• W,along,Ste roost lino of sold Addn ti .a di,tanse'ofJ87.48 feet to a 5/8".Iron red set for comer et.'Vie mast west0iy eautN1t corny of oNd Adduce,sold cursor oleo bat'g a northeast wlnhe of a,troot or described'n a deed with J.B..Prince,Trustee. gs rocdrdad in Morns 3723. Page 956,Deed Rseprdn,Coin+ . COunty.-Texaa; • ' ENCE's 80'50'14'' deoatintt cord midot rna'and clang Mt'C nunon.oe betimes the aforementioned ' CnIeraOOoll/WyUe tract and sold Prince Trustee beet, a dtatance of 12463 foot to a$/8'Ian.rod set for corn.: THENCE S 1105937',t co it riding eking said common tno.o dietaries of 202.00 feet to a 5/6"tan rod set far corner; ' - '11fEFfCE.S 86-29'37•W cantkwfna anon noid oemman Ina, o.dietanca of 375.48 root.to a 5/8'ken rod titter ' earner, • '-THENCE'Pt 89'48'23'It continoinq.oleaq sold common One, a dt tone*of 246.38 feet to 0 5/8'Yon rad set for comer. 1HENCE:N 8656'13"W, aontMOlno claw said common rho, a diatawce of 350.52 root to a 5/87 ton rod tel for- carner - .. _ TH5NtE.N 6639'47'.W1; continuing;along said carman Yoe.4 dlatQwe of 747.49 net to ii 5/8-Roe red eat for cornier THENCE.5 5001't0'E eantkadag•eking said c to ie q d Iln deance of 135.56 foot tit',fared 5/6°Iran rod . ..found fat rarer With cop stomped'Vary+Partners(nereatter tolled Ctltr)•at the prepaaaanerthaaet.r her of . . Cteekside Estates.Phase 3i - ' .THENCC'Ccnthuhg'along the proposed Or*0na of odd Orodw=lde.Fate Cs.Phase 3. Me fallowing' • ' S 8958'SO"N.,o diatom*of 1t$.00 foot to o C1RF for corns:. - • N•00'Ol'10'itS a distance-of 15.54 feet to 4 C1(K for corn • . • •-$:9958.50',W a diettneo.of'50.00 fat'(o a GRF nor comer,.. ' 5 00'0110"E.a dktonce of 13.00 feat to a OAF for aernrr . S 8458'S0'.W, a.detntee•nf 603.Peet,to a•OtW.tar.comer ei the•beginning or o corn-to the right sehldh •'has.'Contra,gnat of t2'05'01", a 100k1d of 1175.00 foot arid a enord.dude Evers$0.75709`W 24646 feet Alony'ono.curve to.owe light an pre dietieee.of 248.8s tat to o.point for comer et ore eegWdoi4 of a nein .. to the left Mich bon o central angle of 0830'41' a raduS-of 2575.00 feet and a ebony Invite,bears N tt2'OB'26' 'W. 362.17 feet ' • . - • Along'sald curve to ter.left an arc distance of382.52 teat bay COW for earner.. N 02'43'53'2..a dlatanee of 13.23 lost to a CTRF for comer . N-87'18'07'W,'a distance of S0.00 fast is a'CIRF for Corner, • S 02'43'53'W.a dbtaiee of.12.95.ford to a'OAF'rca Odra'along a sumo to the left Meth hm a central angle of 025514; a rodtri of 2575.tm feet and a chord'blob Novo N 8838'31'Woo 131.75 feat • Along said curve to the left on arc defence oI tJ1.78 Nat to a CIRF for wmr. . 5 8A'S312' at a dietonco:ef 67.46 feet to a CafF for earner. ' OrecNksiidda C Estates Phase 3aa d of n,,t1Me feat th linla e off naar ale northwest afofanewtann•O Oo�nthaao or of ataarnatknaf tiroYwad . • 'THENCE N 9930'O7.r. liana sold-south one. a&Stone of 5.66 foot to the POINT OF 9EG1WtwC and...Wino - 4240,716..square.fest or 51,440 ones of land more or feast • rTnre, - AAT1T.iiimspl 2441ATR46T7 VV.I C7_RA 4AA7/Te/CA • @'9 3�g s� i 3:t .l.i 9 mime! -I �� a g o I. i . 11 I; gee w °m .g. \.. 'aEi/iNiiiiiiiiiiiVigii 6iiil id I iiii169iiiiiii h 1 3 is �� tl e; 1 • i. ..,MgAi p.. ++` ' m s1i-i i« 3 yNhS95iClC9S6§QCfgS9CLRWrxw99xM 1 TAM5T5MSS �.+ a trtr 5t linniinarattalB ',s',,,‘ g all c'!el it I.. " i ' �� - ... _ L.`cr: E. F'r y ; a l iiii !1 a i -i i 1459955S►993$1559555§59§ •;?•.;n. . �., I-444Es ; hp i F!*'! �•\ glt.3is1 9 ac�P�AR�,� �,,�1 hT, •r14 FJ,` b 0 ; 0111 t % it ok (� ri !� c li II ti u_ntitL_L�l ` - 7 YY 59999l5! 4 56 iE �b ', 1 1 1 Y - _ r tti, i t ignIMPIEN Ieed■beee�iee -- ! -7 _• St ‘ II Ct i i`9iii iitiii 1.„_it ' 14 4E4'44; _- = ! . qt§§b99l4>l4555 : 7 ` , h�y - CO ;' tf it �^ r — _'• 9 EF 9� ,rt L •_{gyp�q` e^ I Y e Vilf* �Y^+� ''I I )1111 . itli i filmm 4l�lili7i��ii 4 _ a i' 1 '` " ;".� ;�,T � i�i 4 ,.c kiniummt iiii IIO+tMSUMa0OR4 .. i� , O� { 51 to 54tit 9945499l9999 ,1 " :Q ;' t ' _ i i. Xri 1 r-46 _ In . , 1 1 ,.., 12 1 , Itif: g *itmi4mx* -amnia . , , • - • _, xili, ,1;. , , , i. lme ,, ; • ;a n , . ; ,..„,. 1 iml. , ; i ... . R iiitin .tItiEla . statigat al Y J IL 1 Ai L ,,,-. 1iBITI.i.ttre' llicar I , - -, ;-`' .f'''1111 I-y ' is ' ; -call I ::9g ii = , `i ; . km.* ...,Fa. a9nTJnllm'1 7.14AATRAbi7. YV.i A7.:R0 1100Z/TC/S0 Exhibit"B" 20-INCH WATER LINE Creekside Estates Development Agreement Page 11 454098.v2 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2002164 CONSULTING ENGINEERS Client: City of Wylie Date: 2/1/2006 Project: Waterline Improvements CIP 2005-2015 Summary of Projects(Includes$15/L.f.Open Cut For Esmt.) By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit Price Amount 730 Serv' e Area Waterline('TP Prniertc 1 005-2006 Project L1 Creekside Develo er Construction 1 L.S. $ 866 000.00 $ 866,000.00 3 K 2: ` 2005 200 r ject '�€,Haug cC rea fo Mc3 llen � 1��: Rim+ ewport. arbor,:p? Alo n:g. L.S. r�° $e 4` 2`04' QQ8l glee �4 .Nora { G Bettso 5 2008-2015 Project L5 -FM 1378 to Hideaway Court 1 L.S. $ 449,000.00 $ 449,000.00 High Service Area Subtotal: $ 3,695,500.00 679 S• ervice Area Waterline CIP Projects 1 2005 2006 Pr ec L6- Ossij�"g 544 fie Westgate. ��, /L S ,500 0 l �S �9 ,500.00 d� �.. lon � g Birm ng to 4th et , + . , ., �.00 .$ s 92 O Q.1A v,g !'�s - . V 5:sx' : .msf 3 s, a k 4>. y ,1w L0-1 s , it 'yi 3 � N k* 1a 2062008 Project L8- v s ' 814 h treet � is ! , LS. ,,,i 0.0 3t15:00 00 4 2008-2010 Project L9-Hensley Lane Distibution Line No. 1 1 L.S. $ 916,000.00 $ 916,000.00 5 2010-2015 Project L11 -Lake Travis&Canyon Lake Waterlines 1 L.S. $ 99,000.00 $ 99,000.00 6 2010-2015 Project L12-East Side Water Distribution Lines 1 L.S. $ 473,000.00 $ 473,000.00 7 2010-2015 Project L13 -Woodbridge Waterlines 1 L.S. $ 740,000.00 $ 740,000.00 8 2005 Project L10-East Alanis Drive 12" Waterline 1 L.S. $ 250,000.00 $ 250,000.00 9 ZQO '2008Project 5 Brown Scree Sander Wat x t s. ,.;- 300, ; g'�. .L.S<� OQ..QO � ;. ,„300,Q00 00 Low Service Area Subtotal: $ 4,648,000.00 2006 2Q0 ` ystem„Pro Brit J.1 "-`Pre, sure Reducin Valve Vaults 1 3.14,$00, II Total for Both Service Areas: $ 8,658,000.00 -All projects either completed or recommended for Phase 1 of the CIP are shown in Bold Type -Projects that are included in current engineering proposal -All projects include an estimated engineering and surveying allowance 7:\Clerical\Wylie\2002164\Estimate\05-[5C[P-water.XLS\Summary Page 1 of 1 BIRKIIOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2002164 CONSULTING ENGINEERS Client: City of Wylie Date: 2/1/2006 Project: Waterline Improvements Recommended in 2005 730 Service Area Project L1 (Developer Constructed) By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit Price Amount 1 ` Furnish&Install 24-Inch Waterline w/Std.Embedment 1,200 L.f. $ 80.00 $ '96,000.00 2 Furnish&Install 24-Inch Waterline w/Conc.Encasement 100 L.f. $ 125.00 $ 12,500.00 3 Furnish&Install 24-Inch Waterline by Other Than Open Cut 100 L.f. $ 480.00 $ 48,000.00 4 Furnish&Install 20-Inch Waterline w/Std.Embedment 4,800 L.f. $ 75.00 $ 360,000.00 5 Furnish&Install 20-Inch Waterline w/Conc.Encasement 150 L.f. $ 98.00 $ 14,700.00 6 Furnish&Install 20-Inch Waterline by Other Than Open Cut 150 L.f. $ 450.00 $ 67,500.00 7 Furnish&Install 16-Inch Waterline w/Std.Embedment 0 L.f. $ 50.00 $ - 8 Furnish&Install 16-Inch Waterline w/Conc.Encasement 0 L.f. $ 70.00 $ - 9 Furnish&Install 16-Inch Waterline by Other Than Open Cut 0 L.f. $ 300.00 $ - 10 Furnish&Install 24-Inch Butterfly Valve 2 Ea. $ 8,500.00 $ 17,000.00 11 Furnish&Install 20-Inch Butterfly Valve 4 Ea. $ 6,000.00 $ 24,000.00 12 Furnish&Install 16-Inch Butterfly Valve 0 Ea. $ 4,000.00 $ - 13 Furnish&Install Blow-off Valve 2 Ea. $ 3,500.00 $ 7,000.00 14 Furnish&Install AirNacuum Release Valve 2 Ea. $ 4,000.00 $ 8,000.00 15 Furnish&Install Trench Safety Design&Systems 6,250 Ea. $ 2.00 $ 12,500.00 16 Furnish,Install&Maintain Erosion Control Devices 12,500 Ea. $ 2.00 $ 25,000.00 Subtotal: $ 692,200.00 Engineering,Contingencies and Miscellaneous Items: 25% $ 173,050.00 Total: $ 866,000.00 Easements Donated By Plat(Developer) POPOSED T- 8 - IGr( H ZO\ E � 2 .0 M .G. ELEVATES � 13 , , STORAGE TA\ < 2 / J 136 1 ,8 134\� •2 , 138 137 -- 40• 12 191 I co cD 2 o -- _ -1'93 1:.6„ 40 16'' (139 115 2 -Z! ®' ® i i 3-/ , < IP°141 19 2— 12, / 99-24. , \ b -` ,Zu "',. 19 , 8 '142 195 8„ 1 I '4'" / r____-1 ____,•____---,-- sc h. 06--: ., ,„ P ..ri \ ive Rea enea ° \7\40o L ` , � 352- m ,-- 43 n .� Hinnant 118 154 .. �w t14 4 e ;; /� � .� f it BLOCK K BLOCK L BLOCK 5 BLOCK T BLOCK U 62323 VICINITY MAPLOT 4 62166 LOT 5 LOT 6 3620 1/434 01525 0.8157 LOT 6 LOT 7 8567 .57 5567 6667 01967 61967 61967 LOT 5 LOT 7 .000 6664 .64 0.1966 .665 .0,666 e LOT 0,016 BLOCKr 0 A o ,a LOT 0LOT a is 0.67 1211/67 LOT 8 .660 61966 LOT NI 79520 LOT I SI6567 TE oABxrn No, 75580 0.3577 LOT 37 11206 0.2561 LOT 12 37. 6442 LLOT OT s B000 B,95AeLOT 21 LOT/5• as. 02966 76867 ///i 16 aT,> 8 114. Hie 6,966 _C)_ aN.2 diRarrtLx LOT 2. ,a02B a2,o0607 LOT 24. woe LOT 27 0607 61976 p 100 200 300 CENTER LINE TABLE CENTER LINE CURVE TABLE LOT 96 LOT 30 8607 0607 0.1976 NU2BERINEo IH0 '0,STANa N-w1BER'OELTA RAO.US ARC .A.A. CNGRD Graphic Scale 1-=702' -t N 02YJ'53"E -tOZ.AO 0-1 085 0 9'SB' A)20.0 741.36 N 86D0'A)"W ]A66T t18'S9"W -fH6.BJ' C Z 005505" A)M00Y286 5 Bt}1'1E'E M.HB8607 l-J N 011859"W -280.00' C-3 6ED2'35" 200.00 302.09 N 53'35'59'E 174.18 LOT 32 LOT 33 LOT 34 007Js0.1976 6507 8507 0.1976 N 011059"W -260.00' C-A t21501" 5000.00 1069.05 S 845A'i0 E 1067.01 M APSCO PAGE 662-K REMAMOER OF CAM-003286/ PARTNERS TRACT 2-4 LOT tO1P aa.a] CLE 99E831 ACR L-5 N 0nY39•W -1r622' C-5 OSOB'J5 5260.00 286.56 S 6925'6111.25"E 1241.5 CALLED 9J.8J1 ACRES - N 0220'09-E 1350'IY 5260.00 las..38 5 627.3 E 133.630 L--) S 2025'0Y W C-] 0350'S5" 10006 S 6120'JS"W 265.56 o-5420.0J- _ 5 2025'OT W -190.45' C-6 03D2'I9" 5000.00 265.89 N)n52Z'W 26586 tl11?.A3:�ll3 33'L:113:� R=ss2D.DO' _ s 1z19'a-w -Bear 45 Si 0270'09'E-21.24' 5 67.39'5r•E-50.00' j9jU Yil S ,12'1111IJ44J A=1236.sO' L-to s OODr'1D"E -333.7. BLOCK V I I I I CN.SB19Y0rE 2 3 I e C1=1235.BE OPERTY LINE TAB LE Na s0.rT. SITry�55 Ile,58 5/e t 6/e ws i I - ! 6 / 7 6 MAIN. RING 'AN£ is RN. rum 44 5/B Se]51'43'E K .> s 25 I �r 9 L-t N 0243'53"w - 2H5' N 0IN1659-W-SD.16' ':: 1f9.05 r „I e °> >s 2s > 10 I 20 LOT n N66"41'01-E ,ems,7VC O-8o lc}^'81 32 8e 31 o ry .zs 1t / 12 N 3. L-. N WD1't0'w -1SSA' Lmu 0562 61965 5J9185 I 160.00 I /o !a 56 57 ql 8 I�- 'L _. _ $ I 13 OT E-_ L LOT J I_ L-56 6 assess,-w -30.00' LOT N U .28 27 8 o O8 1 14 / 1310' s assess•E - 000' LOT zLOT;413 YS ,i'L_ =°es=____J z� L_ :__ 8 s69s4's3'E-snoO' _ 6/960 0 1v-0.- ->118 '-rr oe_ __rr9.oe-JZ L-s.sw. -». _ __-„g s2.0I. 26 °24 RS / 15 / jC-s »c6 _ III/ 16.rmL Ir_-_-_-_ s a. ▪ 0562 LOT 67.6 „ 1 4 I - >32,- ]5.29 >,.22 truer ALAril! /mRB LOT 3066 ' \ \ uCJ I 1-3v.c1.R 2 8 _ T P E . R s ^17u ,kv 7.',/3 / rr sae/� S,I>42]•E {�//�� 3 I ee Ng __I- _______.„ -'�__ a? O -46$HI• ` RIVERCHASE,PHASE J Baf<J 41 m 8 I f„ee.> s.zs s.es 12 14 8. J ¢/% 9/� A,t,se' < a> CABINET 0.PAGE 262 66�00 rl g. gN>▪ R. > n 75398 / 6 / s/B'ms 5 69'K'29-E-J9>.HO' sA1Ns CWILT LLED eD ACRES I r^ 37 3fi n�//./ u E.R.h BILT JOE DUNIH00 I °I R ->s 35,8 34 _ 32 8 R^ W es = -W �"'ry^l°due rr 3394 �o•ev VTOL 453.PG.165 nr[ �¢59 >.on z>.oo >.a _� 29 7"-----;277 $ 8' v e 78 8- %/ ere// / 55 x _M 40 18a _ 00- 26 8 e 24 R 96/ /O r5 �ti� o>2diar --_ u > - 23e8leo z/ /•n o/� wv2rmdHrr s� ° eFRAN -s-c. _ _ a. /4u /a v9///OS �„.,,zassr re- .r 3 //r-e9 _ s CESCA DR.s1 (i 2/ , g 11 x 9 �8 I1r 198^>52s� 5 _ ¢ h _ GROW 20 >% Q -/ 4 n''xr'1wic.c xmssa r-2a sB ,„,-N. . 8;, 6M 8- 7 8 9 8 __' ' >- -� 'o- ros- ///L��, / ms/ � A¢ l y myr0,c I l I I I. €O Y C _ 0 - 1 - 1' /� z rw- &II 38>9 18 Toys. s >` $ 12 8- 13▪ s8 _- / x a�'°=s 8I I.a 1 C 6v 24 8 8 23 8 2 22 g�r ' 18 .. /" / z ez.>_ rr �/ :e.N - 2 S 2 O 0"!0� � r P s > I RIIEXCNASE,PPHASE 2CARNET N,P CE)9J_T- �Y`/ E1 2' 35r J ryA 11 I Il POB a w t„t' F i C / $ 'I: i vr N 89�0'0] 5.66'� O.J •O, T _ Jr L ' - F 1t _ _ - / .`"''' nro i H r�/ $+$ Iz 3 a 32 o w 33 34 a 1 1 1 1 I -J o N 8631E47 W-124).49' S6B59'J>-W-20200' 121.63'•• N m e JL-_-2,_2 -P3 4 5 - 6 .0 7.o 1 _d N 8556'13'W-350.62' 5 66.29'37-W-375.46' N 69Y8'23'W-24B.3B' CALLED 100 ACRES = r0 E,,Es I NLe>.0, - ° - _ 9 Nu 'N FINAL PLAT VOL 82 104 fi2B l - - >4,Jo_ >..p tee-, w. a __- __-------- LE---- D. 1 °`T CREEKSIDE - bNem -J 4a2, _- PHASE 4 m ESTATES, Os, 54- 3T 2- a 1O 2 0 g H •2, R zs>s.o0, - B a ins.D�O' CALLED 112.18 ACRES 114 TOTAL LOTS 586583,w I 5695680-W J r31.z6•��a s 0I' 3eu2' -�, _ -1A I 4 115.00' d sr lcs J.B.PRINCE TRUSTEE 51.440 ACRES SITUATED IN THE §'CIIaN b �a'251" I' S �°C> RhN 110.628.21 a tC i I / > __ - id IF 3 ¢fix.✓ VOL.3223,PACE 956 �I1 `� 11 ' LEWIS M MARSHALL SURVEY,ABSTRACT NO.594 6 '2 13 61/ l o`N e3ssr,-Wi II ).W MITCHELL SURVEY,ABSTRACT NO.589 1.A.3itB1 Ith1733 I� '" i2 s 46.36' -I ,,, CITY OF WYLIE '1 �F NAB Maw o:r,"b a*llat.of p I COLLIN COUNTY,TEXAS LEGEND T by 6 ! 1 "'^ are;a Photo Centro,Ne unexiZ Aerial b we�bctem o .rre^'A;a9 of OWNER/DEVELOPER SURVEYOR c LLE MITT xNEN a.Stale loi.end 9 • ESTATES AT CREEKSIDE RNA.IV.DEVELOPMENT,INC. B14orJrNt to D ns Droke.In rr A me D vAnw. a.,1 8325 DOUGLAS AVENUE.SUITE 650 N.Control Expressway ow.w F' DALLAS.TEXAS )3223 Salle n0D St�.urvFpW�� I Dallas,Texas 75204 r 1 1 sAN, ona, 1> - CON'TACY1q GAR J.ate.TDEFRAIN OS 4re<t t o,T Joe N214)824-36d> I, RECORDED IN CAB. , PG. D o o.C04350 ' cr , _ , -..._— , Our Mission.. • y ...to be responsible stewards of the public trust _ to'sirive for excellence in public Service,and , to enhance the quality of rife for all, r,• , . ' , • May 3,2001 . Mr. Gary DeFrain 'Lafayette Properties 8235 Douglas Avenue,Suite 650,LB-65 . Dallas, TX 75225 - - • Dear Mr. DeFrain: . , This letter isconfirmation that the impact fees assessed on your development will be those in place when you submitted your preliminary plat. Please feel free to call me if you have any questions or need any further assistance. , Sincerely,' ' tlikb,46,,, Mindy Manson . Assistant City Manager MM:dn , • •- / I2' 2000.Highway 78 North • Wylie,Texas 75098 • (972)442-8100 • Fax(972)442-4302 - eyAra, -atDTJOWu'I ZAAATRAbi7. YV3 AZ:60 900Z/TC/S0 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 27, 2006 Item Number: 4 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: June 16, 2006 Budgeted Amount: Exhibits: Three Subject Consider, and act upon, a Development Agreement between the City of Wylie and Woodbridge 13, Ltd. Recommendation Motion to authorize a Development Agreement between the City of Wylie and Woodbridge 13, Ltd. Discussion City Council recently adopted updates to the City's 10-year water and sewer capital improvements plan. The plan identifies lines and pump station improvements necessary to serve future development of the City. A 12- inch water line is necessary to loop the water system in the Woodbridge Development. The project includes approximately 1,700 linear feet of 12-inch water line and related appurtenances. The projected cost for the project in the capital improvements plan is $740,000. The current water impact fee balance is approximately $1,700,000. Approved By Initial Date Department Director City Manager MBR 07/06/06 Page 1 of 1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WYLIE AND WOODBRIDGE 13 LTD. THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into by and between Woodbridge13, Ltd. (the "Developer"), and the City of Wylie, Texas (the "City"). The Developer and the City are hereinafter collectively called the "Parties". WHEREAS, Developer desires to and shall develop the Property as a Planned Development in accordance with the City's Ordinance No. 98-15, the Comprehensive Zoning Ordinance No. 2001-48 (the "Zoning Ordinance"), the Subdivision Regulation Ordinance No. 2003-03 (the "Subdivision Regulations") and any other applicable City ordinance, as they all currently exist, including amendments, or may be amended; to the extent there is any conflict between Planned Development Ordinance No. 98-15 and the Zoning Ordinance, the terms of Planned Development Ordinance No. 98-15 shall prevail; and WHEREAS, Subchapter C, Chapter 212, Local Government Code, provides, in pertinent part, that City and Developer may, among other things, contract to allow the Developer to construct public improvements; and WHEREAS, a 12-inch water line is necessary to loop the water system in the Woodbridge development; and • WHEREAS, City is entitled to collect impact fees, as described in City Ordinance No. 90-10, as amended or supplemented by City Ordinance Nos. 93-4 and 97-4, 2001-19, 2001-42, 2001-56, and 2006-25 and any other Ordinances amending or supplementing impact fees, whether now existing or in the future arising for water, sewer and thoroughfares (collectively, the "Impact Fee Ordinances"); and NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the Parties agree as follows: 1. Land Subject to Agreement. The land that is the subject of this Agreement is 199 acre tract of land, more or less, as more particularly described in Exhibit "A", attached hereto and incorporated as if fully set forth herein (the "Property"). Developer represents it will be the sole owner of the Property. 2. 12-inch Water Line. Developer acknowledges and agrees that the construction of a 12-inch water line as shown in Exhibit "B" is necessary to serve all or a portion of the development to occur on the Property (the "Water Line"). A. Easements for Water Line. The City shall secure all easements or other right of access determined by City to be necessary for the Water Line (the "Easements"). Item 4-Attachment-Woodbridge Development Agreement Page 1 B. Construction of Water Line. To facilitate the development of the Water Line, Developer shall obtain a detailed quote or offer of costs for Developer to construct the Water Line ("Developer's Quote"). Developer's Quote shall be obtained by Developer and submitted to the City upon receipt, but not later than sixty (60) days after Developer receives from the City the information and documents necessary to obtain the quote or offer. City shall review Developer's Quote and may compare it with bids received by the City. If City does not award a contract to one of its bidders, then Developer shall construct the Water Line in accordance with Developer's Quote and dedicate it to the City. City shall notify Developer that it has awarded a contract or that it has rejected all bids within seven(7) business days of making such decision. If City notifies Developer that it has rejected all bids, Developer shall submit its final contract for construction to City for approval, which shall not be unreasonably withheld. Developer shall cause construction of the Water Line to begin within forty-five (45) days of receipt of notice from the City that it approves of the contract and will actively continue construction until the Water Line is complete and accepted by the City. In the event that the Developer fails to comply with its obligations in this paragraph, City may continue with its own plans and timeline for construction of the Water Line that it had prior to this Agreement. C. Reimbursement of Water Line Costs. If Developer constructs the Water Line in accordance with paragraph 2.B. above, Developer will be entitled to reimbursement by the City of One Hundred Percent (100%) of the amount of Developer's Quote or Developer's actual costs, whichever is less. Developer will also be entitled to reimbursement of actual expenses for engineering services not to exceed $13,800.00 related to the design of the water line. The City agrees to reimburse Developer on a monthly basis for costs incurred within twenty (20) days of receipt of invoice for the portion of the Water Line that is constructed. Developer shall not cause work to be performed, or approve any contract amendments (or series or group of amendments), which will result in an aggregate increase in the contract price in an amount greater than twenty percent (20%) of Developer's Quote, or which will result in an extension of the time for completion of the Water Line or change in types of materials or methods of construction being used under the contract, unless the Developer shall have received City's prior written approval of such amendment. In the event that the Developer fails to secure such approval, the contract shall be deemed not to have been modified by such amendment and Developer shall not be entitled to reimbursement for any amounts contained in the amendment. The City represents to Developer that sufficient funds are available to fully reimburse Developer for the cost of the Project as allowed herein. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, CITY SHALL NOT BE OBLIGATED TO REIMBURSE DEVELOPER FOR ANY CONSTRUCTION COSTS FOR THE WATER LINE,AS PROVIDED HEREIN,UNLESS AND UNTIL CITY APPROVES SAID CONSTRUCTION COSTS IN WRITING AND DEVELOPER PROVIDES COPIES OF CONTRACTOR'S INVOICES AND VERIFICATION OF PAYMENT, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, AFFIDAVITS OF PAYMENT EXECUTED BY THE CONTRACTOR AND ANY OTHER SUPPORTING DOCUMENTATION REASONABLY REQUIRED BY CITY BEFORE ANY AMOUNT IS TENDERED TO DEVELOPER. 3. Capital Improvement Plan. City acknowledges and represents to Developer that the Water Line is included in the City's Capital Improvements Plan. Item 4-Attachment-Woodbridge Development Agreement Page 2 4. Impact Fees. Developer acknowledges that the Property is subject to the Impact Fee Ordinances. Developer is not receiving any credit towards water or sewer impact fees under this Agreement and this Agreement does not alter the City's right to assess and collect water and sewer impact fees against the Property pursuant to the Impact Fee Ordinances. 5. Continuity. This Agreement shall be a covenant running with the land and shall be binding upon the Developer, its officers, directors, partners, employees, representatives, agents, successors, assignees, vendors, grantees and/or trustees. In addition, the parties shall cause this Agreement to be filed in the Land Records of Dallas County and Collin County. 6. Sovereign Immunity. Developer and City agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 7. 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 State Mail, addressed to the party to be notified, postage pre-paid and registered or verified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date factual 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 notice,the addresses of the parties shall be as follows: If to Developer to: Woodbridge 13 Ltd. Attention: Don Herzog 9696 Skillman Street, Suite 210 Dallas, TX 75243 With a copy to: If to City, to: Mark B. Roath City Manager 2000 Highway 78 North Wylie, Texas 75098 With a copy to: Julie Y. Fort Abernathy, Roeder, Boyd& Joplin, P.C. 1700 Redbud Blvd., Suite 300 McKinney, TX 75069 Item 4-Attachment-Woodbridge Development Agreement Page 3 8. INDEMNIFICATION. DEVELOPER, ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES, DOES HEREBY AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES 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 ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF DEVELOPER, ITS OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE,IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR THE DEVELOPMENT AND/OR SUBDIVISION OF THE PROPERTY,REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF CITY(HEREINAFTER"CLAIMS"). IN THIS CONNECTION,DEVELOPER,ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES, AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY, ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FOR CITY'S, ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND/OR EMPLOYEES, OWN NEGLIGENCE, IN WHATEVER FORM, ARISING OUT OF ANY ACT OR OMISSION, TAKEN OR FAILED TO BE TAKEN BY CITY, RELATING IN ANY MANNER TO THE PROPERTY, REGARDLESS OF CAUSE OR ANY CONCURRENT OR CONTRUBUTING FAULT OR NEGLIGENCE OF CITY. DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING ITS 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 CITY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF CITY'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. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 9. PARTIES' ACKNOWLEDGMENT OF CITY'S COMPLIANCE WITH FEDERAL AND STATE CONSTITUTIONS, STATUTES AND CASE LAW AND FEDERAL, STATE AND LOCAL ORDINANCES, RULES AND REGULATIONS/DEVELOPER'S WAIVER AND RELEASE OF CLAIMS FOR OBLIGATIONS IMPOSED BY THIS AGREEMENT. Item 4-Attachment-Woodbridge Development Agreement Page 4 A. THE PARTIES ACKNOWLEDGE AND AGREE THAT: 1. THE PUBLIC IMPROVEMENTS TO BE CONSTRUCTED AND/OR PAID FOR BY THE DEVELOPER AND/OR THE FEES TO BE IMPOSED BY THE CITY REGARDING THE PROPERTY 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;AND/OR (d) CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION, STATUTE AND/OR CASE LAW AND/OR FEDERAL, STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. 2. THE AMOUNT OF DEVELOPER'S FINANCIAL OR INFRASTRUCTURE CONTRIBUTION (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 THE ROADWAY, WATER AND/OR SANITARY SEWER SYSTEM OF THE CITY. 3. DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY FROM ANY CLAIMS AND SUITS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, AND/OR TRUSTEES, BROUGHT PURSUANT TO THIS PARAGRAPH. B. DEVELOPER RELEASES THE CITY FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. C. DEVELOPER WAIVES ANY CLAIM FOR DAMAGES AND/OR REIMBURSEMENT AGAINST THE CITY FOR A VIOLATION OF ANY FEDERAL AND/OR STATE CONSTITUTION,STATUTE AND/OR CASE LAW AND/OR FEDERAL,STATE AND/OR LOCAL ORDINANCE,RULE AND/OR REGULATION. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Vested Rights/Chapter 245 Waiver. Nothing in this Agreement shall be implied to vest any rights in the parties. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245, Texas Local Government Code and nothing in this Agreement provides the City with fair notice of Developer's project. DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE UNDER THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Item 4-Attachment-Woodbridge Development Agreement Page 5 11. Attorney's Fees. In any legal proceeding brought to enforce the terms of this Agreement, including but not limited to a proceeding brought pursuant to ¶ 9 or 10 above, the prevailing party may recover its reasonable and necessary attorneys' fees from the non-prevailing party as permitted by Section 271.159 of the Texas Local Government Code, effective on September 1, 2005 or as it may subsequently be amended. 12. Construction. All construction will be in accordance with applicable Ordinances and Codes of City. Evidence of any bonds required by Section 212.073 of the Texas Local Government Code, or other applicable law, shall be provided by Developer to the City. 13. Compliance with Ordinances. The parties hereto acknowledge this Agreement is limited to setting forth the obligations of City to reimburse Developer for construction of the Water Line as set forth herein. City ordinances, including but not limited to those establishing construction standards, covering on-site improvements, property taxes, tap fees, utility rates, zoning, permits, water, sewer and thoroughfare impact fees, subdivision regulations and the like, are not affected by this Agreement. Unless expressly stated herein, this Agreement does not waive or limit the obligations of Developer to City under any ordinance, whether now existing or in the future arising. 14. Miscellaneous. a. Assignment. This Agreement is assignable upon the following conditions: i. the assignment of the Agreement must be evidenced by a recordable document. The recordable document referred to in this paragraph is subject to the approval of City; ii. at the time of any assignment, Developer must give the assignee written notice that any and all obligations, covenants and/or conditions contained in the Agreement will be assumed solely and completely by the assignee; iii. Developer will file any approved, executed assignment in the Land Records of Collin County, Texas; and iv. Developer shall provide City with the name, address, phone number, fax number and the name of a contact person for the assignee. b. 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 mutual written agreement of the parties hereto. c. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. Item 4-Attachment-Woodbridge Development Agreement Page 6 d. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof g. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. h. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect nay other provision thereof, and this Agreement shall be construed as if such invalid illegal or unenforceable provision had never been contained herein. i. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. j. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. k. 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. 1. Force Majeure. If performance by either party of any term, condition or covenant in this Agreement is delayed or prevented by an act of God, strike, lockout, shortage of material or labor, any federal or state law or any order, rule or regulation or governmental Item 4-Attachment-Woodbridge Development Agreement Page 7 authority, civil riot, flood, or any other cause not within the control of the party, the period for performance of the term, condition or covenant shall be extended for a period equal to the period said party is so delayed or prevented. m. Reference to Developer. When referring to "Developer" herein, this Agreement shall refer to and be binding upon the Developer, and its respective, officers, directors, partners, employees, representatives, contractors, agents, successors, assignees, vendors, grantees and/or trustees. n. Recitals Incorporated. The recitals set forth above are incorporated as if set forth herein and the parties relied upon the accuracy of the recitals when entering into this Agreement. o. Exhibits Incorporated. Each exhibit attached to this Agreement and referenced above is incorporated into this Agreement for all purposes as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the last date written below. CITY OF WYLIE, TEXAS, WOODBRIDGE 13 LTD. a municipal corporation By: By: John Mondy, Mayor Don Herzog, Date: Date: Item 4-Attachment-Woodbridge Development Agreement Page 8 STATE OF TEXAS * COUNTY OF COLLIN * BEFORE ME, the undersigned authority, on this day personally appeared JOHN MONDY, the Mayor of the CITY OF WYLIE, TEXAS, a municipal corporation, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF WYLIE, TEXAS and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS * * COUNTY OF * BEFORE ME, the undersigned authority, on this day personally appeared , the of WOODBRIDGE 13 LTD, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for WOODBRIDGE 13 LTD, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2006. Notary Public in and for the State of Texas My Commission Expires: Item 4-Attachment-Woodbridge Development Agreement Page 9 EXHIBIT A LEGAL DESCRIPTION Item 4-Attachment-Woodbridge Development Agreement Page 10 OWNER'S CERTIFICATE STATE OF TEXAS * COUNTY OF COLLIN* WHEREAS WOODBRIDGE XIII,LTD., is the owner of a tract of land situated in the Richard Newman Survey, Abstract No.660, in the City of Wylie,Collin County,Texas, being part of a called 199.3963 acre tract of land described in deed to Woodbridge Properties, LLC, recorded in Collin County Clerk's File No.97-0032076,and part of a 44.3305 acre tract of land described in deed to WGC Properties, LLC, recorded in Collin County Clerk's File No. 1997-0107782, both of the Land Records of Collin County,Texas,and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod with cap stamped"KHA"found for the northwest corner of Lot 49, Block H of WOODBRIDGE PHASE 9,an addition to the City of Wylie,Collin County,Texas,according to the plat thereof recorded in Cabinet Q, Slide 372,of the Map Records of Collin County,Texas; Thence leaving the north line of Lot 49, Block H of WOODBRIDGE PHASE 9 and across the beforementioned 199.3963 acre tract, the following courses and distances to wit: —North 02°02'20" East,a distance of 160.00 feet to a 5/8-inch iron rod set with cap stamped"KHA"(herein after called"5/8-inch iron rod set")for comer, —North 87°57'40"West, a distance of 60.00 feet to a 5/8-inch iron rod set for the POINT OF BEGINNING; THENCE continuing across 199.3963 acre tract, the following courses and distances to wit: —North 87°57'40"West, a distance of 383.14 feet to a 5/8-inch iron rod set for the beginning of a curve to the left; —Southwesterly,with the curve to the left,through a central angle of 36°51'24", having a radius of 275.00 feet,and a chord bearing and distance of South 73°36'38"West, 173.87 feet, an arc length of 176.90 feet to a 5/8-inch iron rod set for the end of the curve; —South 55°10'56"West,a distance of 136.14 feet to a 5/8-inch iron rod set for comer, —North 34°49'04"West,a distance of 124.84 feet to a 5/8-inch iron rod set for the beginning of a curve to the right; —Northwesterly,with the curve to the right,through a central angle of 6°55'51", having a radius of 700.00 feet, and a chord bearing and distance of North 31°21'09"West, 84.62 feet,an arc length of 84.68 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the left; —Southwesterly,with the curve to the left,through a central angle of 19°21'30", having a radius of 515.00 feet,and a chord bearing and distance of South 55°05'48"West, 173.18 feet, an arc length of 174.00 feet to a 5/8-inch iron rod set for the end of the curve; —South 45°25'03"West,a distance of 393.06 feet to a 5/8-inch iron rod set for the beginning of a curve to the right; —Southwesterly,with the curve to the right, through a central angle of 11°2T15", having a radius of 485.00 feet,and a chord bearing and distance of South 51°08'41"West, 96.80 feet, an arc length of 96.96 feet to a 5/8-inch iron rod set for the end of the curve; —South 56°52'18"West,a distance of 365.46 feet to a 5/8-inch iron rod set for comer, —South 71°45'58"West,a distance of 50.52 feet to a 5/8-inch iron rod set for corner; —South 63°11'37"West,a distance of 120.00 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the left; PAGE 1 OF 2 THENCE continuing across the 199.3963 acre tract and the beforementioned 44.3305 acre tract,the following courses and distances to wit: -Northwesterly,with the curve to the left,through a central angle of 6°19'19", having a radius of 545.00 feet, and a chord bearing and distance of North 29°58'03"West,60.10 feet, an arc length of 60.13 feet to a 5/8-inch iron rod set for the end of the curve; -North 33°07'42"West, a distance of 547.75 feet to a 5/8-inch iron rod set for the beginning of a curve to the right; -Northwesterly,with the curve to the right,through a central angle of 20°17'37", having a radius of 935.00 feet, and a chord bearing and distance of North 22°58'54"West, 329.44 feet, an arc length of 331.17 feet to a 5/8-inch iron rod set for the end of the curve; -North 12°50'05"West,a distance of 59.26 feet to a 5/8-inch iron rod set for comer, -North 77°09'55"East,a distance of 120.25 feet to a 5/8-inch iron rod set for the beginning of a non-tangent curve to the right; -Northeasterly,with the curve to the right, through a central angle of 174°15'39", having a radius of 50.00 feet, and a chord bearing and distance of North 80°02'05"East, 99.87 feet, an arc length of 152.07 feet to a 5/8-inch iron rod set for the end of the curve; -North 77°09'55"East,a distance of 23.14 feet to a 5/8-inch iron rod set for corner; -North 12°50'05"West,a distance of 110.00 feet to a 5/8-inch iron rod set for corner; -North 77°09'55"East,a distance of 615.39 feet to a 5/8-inch iron rod set for the beginning of a curve to the left; -Northeasterly,with the curve to the left,through a central angle of 33°11'27", having a radius of 340.00 feet,and a chord bearing and distance of North 60°34'11"East, 194.22 feet,an arc length of 196.96 feet to a 5/8-inch iron rod set for the end of the curve; --North 43°58'28"East,a distance of 467.00 feet to a 5/8-inch iron rod set for corner in the south line of GLEN KNOLL MOBILE HOME PARK, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet E, Slide 6,of the Map Records of Collin County,Texas; THENCE with the south line of GLEN KNOLL MOBILE HOME PARK,South 87°56'32"East, a distance of 205.48 feet to a 5/8-inch iron rod set for the southerly common corner of GLEN KNOLL MOBILE HOME PARK and a called 39.76 acre tract of land described in deed to the City of Wylie, recorded in Volume 753, Page 444 of the Deed Records of Collin County,Texas; THENCE with the south line of the 39.76 acre tract,South 87°57'40"East,a distance of 455.12 feet to a 5/8-inch iron rod set for corner; THENCE leaving the south line of the 39.76 acre tract and across the 199.3963 acre tract,the following courses and distances to wit: -South 02°02'20"West,a distance of 160.00 feet to a 5/8-inch iron rod set for comer, -South 87°57'40" East,a distance of 10.00 feet to a 5/8-inch iron rod set for comer, -South 02°02'20"West, a distance of 27.42 feet to a 5/8-inch iron rod set for the beginning of a curve to the left; -Southeasterly,with the curve to the left,through a central angle of 36°29'21", having a radius of 480.00 feet,and a chord bearing and distance of South 16°12'21"East, 300.55 feet,an arc length of 305.69 feet to a 5/8-inch iron rod set for the end of the curve; -South 34°27'01" East,a distance of 143.90 feet to a 5/8-inch iron rod set for the beginning of a curve to the right; -Southeasterly,with the curve to the right,through a central angle of 36°29'20", having a radius of 420.00 feet, and a chord bearing and distance of South 16°12'21" East, 262.98 feet,an arc length of 267.48 feet to a 5/8-inch iron rod set for the end of the curve; -South 02°02'20"West,a distance of 81.69 feet to the POINT OF BEGINNING and containing 42.2853 acres(1,841,946 square feet)of land. Bearing system based upon the plat of WOODBRIDGE GOLF CLUB,an addition to the City of Wylie,Collin County, Texas, according to the plat thereof recorded in Cabinet L, Slide 246 of the Map Records of Collin County,Texas. PAGE 2 OF 2 Exhibit "B" 12-INCH WATER LINE Item 4-Attachment-Woodbridge Development Agreement Page 11 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2002164 CONSULTING ENGINEERS Client: City of Wylie Date: 2/1/2006 Project: Waterline Improvements CIP 2005-2015 Summary of Projects(Includes$15/L.f.Open Cut For Esmt.) By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit Price Amount 730 Service Area Waterline CIP Projects 1 2005-2006 Project Ll (Creekside Developer Construction) 1 L.S. $ 866,000.00 $ 866,000.00 riS:`g5' '43 t0;, 3 € ''Ve 9 : .Y d 45 , t . ^�iti 2206#roctL2 4A.ont0004 o Mlln `r 3t+ ties „ar yS . y ,< o 5N.00 m$? e4 6 g0[k. odi.k`�,a4 y ,>� Y:>: 'v�a .4 ,0 ,;, fi_ . ,s m t,4, ^ -, :: r- z 3ig,ge„ri. iU .?4,1 Y -40 a t ... t :i . 3 ��2005-2Q �`oject ,3 -Newport Harbor, ong `M 13774, ..- .. L.S. � .3 ,000..:004,�s$,1, 1.,396,000,00 Y3i:�}� � ��+ �r. � �^� ��2 .L,� € � � �'� a Us .E E t i t yl9't t f r L :~ 201 s 3 In . 1.`, `�; A Y t r I.i; 3 y001 3 iti !f 4, ., 20 5,20 8 roje: `.-No4ktito Creek51de&`Al.o lW.0.,'ar}}`._. ,'3.. . .,. ..1.:x_L. :i;,,W.. 5568,000}00'r S. ,56$,,0Q0.00l 5 2008-2015 Project L5 -FM 1378 to Hideaway Court 1 L.S. $ 449,000.00 $ 449,000.00 High Service Area Subtotal: $ 3,695,500.00 679 Service Area Waterline CIP Projects 1 005-006R o c S 6 rrossin �I544 ei;r st t 7 � P� 10 � � P g8 WAY� > ���+ �����' "�;5,0�1�OQ������- ��9�;500;1q giii � ..�. r� 1 3, at �s a� '�¢,,.�;L�pia;"3i', ✓" fir,: c�,�.�,�� "�r`� a.� :�`4 v�'l� �" f..r. ..».� 3�•x 3 �r�' 1 r,ia l ` .l}; +y7]��`:,, 1 ;^ ` l .. ma, !! . cam ;s .i ut y y�(� r' r y,�i €1 ,;/�1/0,./.�.�; v s y, S3s .5'°7 `� ., £ 4 g ;`. s... ! (� 4 ' 3 3g l "4, u 3 L :, • s 2,t 00 00 ,t.. ,.e. 94.32 0f.00; .; 21,114:V O t tyx. 'IT .:1 a< si.1X E K� ; '�: sue`i b. t m� x.�'',it gat t .li . +,.[ . 3` 2005 L 8 rQgect;L8 , ong SR 78;� Sheet o Eubanks.. :' f.: ;.:...1, L S. ,s'$ E� 830,500.00�. $ 330,500 00. 4 2008-2010 Project L9-Hensley Lane Distibution Line No. 1 1 L.S. $ 916,000.00 $ 916,000.00 5 2010-2015 Project L11 -Lake Travis&Canyon Lake Waterlines 1 L.S. $ 99,000.00 $ 99,000.00 I -nuf O1 5 Prniert T 1')-Pact gide Water Tlictrihntinn T inc 1 1 S S 471 000 00 $ 473 000 00 7 2010-2015 Project L13 -Woodbridge Waterlines 1 L.S. $ 740,000.00 $ 740,000.00 , 8 2005 Project L10-East Alanis Drive 12" Waterline 1 L.S. $ 250,000.00 $ 250,000.00 „ 9 2005 2000 'rojectL3 ,Brown Street&.:Sander44ter.Lines.i , ; Eli_L.S.;:..$, 300,000.00; .$..,r. 300,.0000q1 Low Service Area Subtotal: $ 4,648,000.00 } 2006 20,07'Sys°tem Project:LL14 Pressure Reducing�V.,alve Vauslt `.r.. :. ;.Ls.S..; $ ,.: 3^14,500 00` $ :: 31:4;500 0-, II Total for Both Service Areas: $ 8,658,000.00 -All projects either completed or recommended for Phase 1 of the CIP are shown in Bold Type -Projects that are included in current engineering proposal -All projects include an estimated engineering and surveying allowance I:\Clerical\Wylie\2002164\Estimate\05-15CIP-water XLS\Summary Page 1 of 1 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2002164 CONSULTING ENGINEERS Client: City of Wylie Date: 2/1/2006 Project: Waterline Improvements Recommended in 2010-2015 679 Service Area Project L13 -Woodbridge Waterlines By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit Price Amount 1 Furnish&Install 16-Inch Waterline w/Std.Embedment 0 L.f. $ 50.00 $ - 2 Furnish&Install 16-Inch Waterline w/Conc.Encasement 0 L.f. $ 70.00 $ - 3 Furnish&Install 16-Inch Waterline by Other Than Open Cut 0 L.f. $ 300.00 $ - 4 Furnish&Install 12-Inch Waterline w/Std.Embedment 5,300 L.f. $ 45.00 $ 238,500.00 5 Furnish&Install 12-Inch Waterline w/Conc.Encasement 100 L.f. $ 60.00 $ 6,000.00 6 Furnish&Install 12-Inch Waterline by Other Than Open Cut 100 L.f. $ 275.00 $ 27,500.00 7 Furnish&Install 8-Inch Waterline w/Std. Embedment 3,300 L.f. $ 30.00 $ 99,000.00 8 Furnish&Install 8-Inch Waterline w/Conc.Encasement 100 L.f. $ 45.00 $ 4,500.00 9 Furnish&Install 8-Inch Waterline by Other Than Open Cut 50 L.f. $ 170.00 $ 8,500.00 10 Furnish&Install 16-Inch Butterfly Valve 0 Ea. $ 4,000.00 $ - 11 Furnish&Install 12-Inch Gate Valve 5 Ea. $ 2,500.00 $ 12,500.00 12 Furnish&Install 8-Inch Gate Valve 3 Ea. $ 900.00 $ 2,700.00 13 Furnish&Install Blow-off Valve 4 Ea. $ 3,500.00 $ 14,000.00 14 Furnish&Install Air/Vacuum Release Valve 4 Ea. $ 4,000.00 $ 16,000.00 15 Furnish&Install Trench Safety Design&Systems 8,800 Ea. $ 2.00 $ 17,600.00 16 Furnish,Install&Maintain Erosion Control Devices 17,600 Ea. $ 2.00 $ 35,200.00 17 Remove&Replace Driveway Pavement 180 S.Y. $ 25.00 $ 4,500.00 Subtotal: $ 486,500.00 Engineering,Contingencies and Miscellaneous Items: 25% $ 121,625.00 Total: $ 608,000.00 Easements @a $15/L.f. Open Cut 8,800 L.f. $ 15.00 $ 132,000.00 TOTAL BUDGET AMOUNT: J'S 740,000.00 .,f 7 32 Krst LW — r /: 12 ' 05 ' ' --..............lipi29 D 4 2 381t — i0 , T34s37 L29a 231 .,.. 387- 1PrilroillirifilliViU �` ii, 'ry>' -r s- a — N 51.E t*, a�', J r i2 - i /,,,,,,,t-vocktr.4110 ,0 ,..:: �,,'!/ 9 !Aft tv -i-: Li3 - ,,,,,,,t't'kl::-0,:,It'l 0 Coloni co ai o w / ' 0, , 240 35 251 ,�. Highland Meodows Drive i C\/ o nd FK9hlaoda Urivr'. \ r ep 0 A",-,-, A, 4 i - ] r ', ��_ ' °c y'h/ono' a° o • oay 'y ' o rr0, oa 4., e k . a SUBJECT PROPERTY ei „► t ,q -s .al•t `t r _ �t S T"p. , ids hh it, k, 4 ,. . , _ _ . , t.. ,. . „ ......... ''. . t��, ALAN'S ' „i„ •.-IF -i �.. ..... :.1m. 111101.11 *Trill. Illomi_ ...ter . - pil air • A. q' " ' ! Y I e1W .���.,,�Ptit, x PROPOSED E J Ito* , A 4 • i j6 K `a A i r �,v„0` • may, {F 4 Y . t �,..��X � � its _ ,-.. _ ��., � ffi xis .,,a `.w.i' 4 't ,:.Fit'', t tV. ,10 t...t4 lr... 'S — 1 inch equals 400 feet cn sl PD PARTMENT EE 0 140 280 560 949 HensleyEERIIN Ln. Wylie,TX 75098 Feet (972)442-8109 cholsted@ci.wylie.tx,us Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 11, 2006 Item Number: 5 Department: Support Services (City Secretary's Use Only) Prepared By: Jim Holcomb Account Code: Date Prepared: June 27, 2006 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, accepting bid and entering into lease agreement on 65 acres of City property to be used for hay production. Recommendation Motion to approve bid and enter into a lease agreement with Larry K. Allen, in the amount of$780.00, for hay production on approximately 65 acres of City property. Discussion Competitive bids were solicited for the lease of certain City owned real property, consisting of approximately 65 acres, located on what is commonly referred to as the Wells Property. The resulting lease agreement would provide for temporary use of the property for the sole purpose of hay production. The term of the lease would be for a period of one year with an option to renew for one additional one year. The lease agreement is based on a fixed annual rental fee payable in a lump sum at the beginning of the lease. One bid was submitted by Larry K. Allen, in the amount of$12.00 per acre, for a total of$780.00 annually. Approved By Initial Date Department Director City Manager MBR 07/06/06 Page 1 of 1 CITY OF WYLIE INVITATION FOR BIDS LEASE OF REAL PROPERTY The City of Wylie is soliciting competitive bids for the lease of approximately 65 acres of City owned real property. The resulting lease agreement will provide for temporary use of the property for the sole purpose of hay production. Sealed bids will be accepted at the Wylie Municipal Complex, Office of the Purchasing Manager, 2000 North Highway 78, Wylie, Texas until 2:00 PM June 21, 2006. The City reserves the right to reject any or all bids and to accept the bid that provides the best value for the City. The term of the lease shall be for a period of one year with an option to renew for one additional one year term. Lessee shall agree to possess and occupy the property solely for the purpose of hay production and shall pay to Lessor a fixed rental fee in the amount stated below. Rental shall be paid annually at the beginning of the term of the lease. All other terms and conditions of the lease are contained in the attached Farm Lease Agreement. The undersigned bidder agrees to pay the City an annual rental fee equal to: $ r Q6 Pee At-pe ($ )8'6`-6. )per year during term of lease. Bidder's Name: J,e3"),/ k' .,'I//e Address: /i D c 77£36% /PO YC/L he, � Telephone Number(s): 1_ 1 Z2 -y£/1- a 6V/ c ?J'/ 2 6 SC 3 Signature: Amei ais,, per S ecrl 0 Al I 13 40 f21)elje tf.9Ul= coo,. b°°. o L iA 6't/Tie m 5G,R4A1C %b C /= ,¢lvy / iOi Lew/s-. AFTER RECORDING RETURN TO: City of Wylie 2000 Highway 78 North Wylie,Texas 75098 Attn:City Manager Farm Lease Agreement By and Between the City of Wylie and Larry K. Allen This Farm Lease Agreement (the "Lease"), made and entered into this 11th day of July, 2006, by and between the City of Wylie, Texas (the "Lessor"), a Texas municipal corporation, and Larry K. Allen, an individual (the "Lessee") hereinafter collectively referred to as "Parties". WHEREAS, the Lessor desires to provide for an appropriate temporary use of a specified portion of its real property; and WHEREAS, Lessee has shown an ability to adequately meet the terms and conditions of this Lease; and WHEREAS, Lessor desires to allow Lessee to use the specified portion of its real property for hay production for cattle feed to prevent the said property from becoming overgrown with weeds. WHEREAS, it is in the best interest of the Lessor and its inhabitants to enter into a Lease Agreement with Lessee for an appropriate temporary use of a specified portion of its real property. NOW THEREFORE, in consideration of the terms, conditions, and covenants herein set forth, Lessor and Lessee mutually agree as follows: 1. GRANT For and in consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration, Lessor does hereby lease to Lessee, and Lessee does hereby lease from the Lessor, the property situated in Collin County, Texas, more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes, consisting of SIXTY FIVE (65) acres, more or less, together with all buildings and improvements thereon, if any, and all rights thereto (the "Property"). 2. TERM This Lease shall commence on the eleventh day of July, 2006, (the "Commencement Date"), and unless terminated earlier in the manner set forth herein, shall terminate on the eleventh day of July, 2007 (the "Term" or"Lease Term"). 3. RENEWAL OPTION This Lease may be renewed for additional one (1) year term(s), commencing the day after the lease Term is complete, provided Lessee shall give Lessor written notice of its desire to renew this Lease at least sixty (60) days prior to the anniversary of the Commencement Date, and both parties agree in writing to renew the Lease for such period (the "Renewal Term"). 4. RENT Lessee shall pay to Lessor cash rental equal to Seven Hundred Eighty Dollars ($780.00) per year during the Term and any extensions thereto (the "Rent"). All Farm Lease Agreement Page 1 of 10 450976.v1 sums due to Lessor shall become immediately due and payable upon the Commencement Date of this Lease and the Commencement Date of any Renewal Term of this Lease. Any sums due Lessor and not received within five (5) days after the date due shall be grounds for termination of this Lease without advance notice to Lessee. 5. USE A. Lessee agrees to possess and occupy the Property continuously during the Lease Term and any Renewal Term solely for the purposes of hay production for cattle feed pursuant to the terms and provisions of this Lease and for no other use of purpose, and to surrender possession and occupancy of the Property peaceably at the termination of the Lease. B. The Property shall not be converted to any other use without the prior written consent of the Lessor. C. Lessee must actively use the Property as permitted by this Lease. Notwithstanding Section 7.C. below, failure to produce hay and/or allowing weeds to overtake the Property shall be grounds for immediate termination of this Lease. D. Lessee shall at Lessee's sole cost and expense, during any term hereof, comply with all laws, regulations or ordinances of any governmental, municipal or quasi- governmental authority affecting the Property, including, without limitation, Federal Insecticide, Fungicide and Rodenticide Act, and will indemnify and hold Lessor, its officers, agents, servants, and employees, and the Property free and harmless from all liens, claims, demands, or actions which may result from the failure, neglect, or refusal of Lessee to comply with said laws, regulations, or ordinances or claims by others. E. Lessor shall not be responsible or liable to Lessee or anyone claiming by, through, or under Lessee for any costs, expenses, profits, or other compensation whatsoever and Lessee shall, among other things, at its sole cost and expense, furnish all labor, equipment, tools, vehicles, and other forms of transportation, seed, fertilizer, insecticides, herbicides, and the application thereof, and any other items necessary to graze, maintain, and repair the Property as required by the terms of this Lease. 6. LESSOR LIABILITY A. Water Supply: No guarantee, either express or implied, is made by Lessor for a continuous and adequate water supply or sewage outlets for the benefit of Lessee and Lessor shall have no responsibility or liability for supplying water or sewage outlets to the Property. B. Soil: Lessor makes no representations as to the quality and/or fertility of the Property and Lessee accepts the soil and Property "as-is". Farm Lease Agreement Page 2 of 10 450976.vl 7. TERMINATION A. Lessor reserves the right to terminate this Lease at any time, for any reason, for all or any portion of the Property upon one (1) day's prior written notice to the Lessee. Upon the event of such total or partial termination, Lessee shall vacate the Property or that portion thereof so terminated as directed by Lessor, and Lessor may re-enter the Property and take possession thereof on the date set forth in the notice of termination (the "Termination Date") without process or further notice, Lessee hereby waiving any further notice. B. In the event Lessor exercises its rights as per Paragraph A above, and such termination does not arise out of the default hereunder of Lessee pursuant to Paragraph C below, the following shall apply: 1. At Lessor's option, the Termination Date may be extended for the time necessary to allow Lessee to harvest any crops planted prior to the time the notice is given (the "Approved Crops"). 2. With respect to total or partial Termination of Lease prior to completion of the Lease Term or any Renewal Term, Lessor shall rebate to Lessee an amount equal to the daily pro-rata Rent for the days remaining before the completion of the Lease Term or any applicable Renewal Term upon the written request of the Lessee. C. In the event Lessee (a) shall be adjudicated as bankrupt or insolvent according to law, or shall make an assignment for the benefit of creditors or (b) shall default hereunder in the payment of Rent or in the performance of or compliance with and other provision of this Lease, Lessor shall give Lessee five (5) days written notice of such default (the "First Notice"). If Lessee fails to cure such event of default within such five (5) day period, or if cure requires more than the said five (5) day period and Lessee has not commenced and diligently proceeded to effect such cure within thirty (30) days after receipt of First Notice, then on the happening of any one (1) of the foregoing events of the default, Lessor may terminate this lease and applicable term hereof and, in addition to the rights and remedies granted in this Lease, pursue all of its legal and equitable rights and remedies. Lessee shall immediately vacate the property upon one (1) days written notice (the "Final Notice") and Lessor may reenter and take possession of the Property, Lessee hereby waiving any further notices. No total or partial rebate of Rent shall be payable to Lessee in the event of termination under this Paragraph C. D. No wavier by Lessor of any violation or breach of any of the terms, provisions, conditions, or covenants herein contained shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions, conditions, or covenants herein contained. Forbearance by Lessor to enforce one or more of the remedies herein provided upon an event of default by Lessee shall not be deemed or construed to constitute a waiver of any other violation or default. E. In the event of Lessee's disability or death, Lessor shall have the option to terminate this Lease as of the date of such event and shall pay a rebate to Lessee's heirs, representatives, or distributees of Lessee an amount equal to the Farm Lease Agreement Page 3 of 10 450976.v1 daily pro-rata Rent for the days remaining before the completion of the applicable term upon the written request of the Lessee's personal representative, provided Lessee is not in default of the Lease pursuant to Section 7.C. above. 8. LESEE COVENANTS To improve the Property, conserve its resources, and maintain the Property in a high state of production and repair, Lessee covenants and agrees as follows: A. Lessee shall conduct all hay production in a good and workmanlike manner. B. Lessee shall control soil erosion as completely as practicable by striperopping, contouring, and filling in or otherwise controlling small washes or ditches that may form. C. Lessee shall keep in good repair all terraces, open ditches and inlets and outlets of tile drains and preserve all established watercourses or ditches, including grass waterways. D. Lessee agrees to cooperate in the operation of federal and state agricultural programs upon the request of Lessor. E. Lessee shall keep the Property free of trash, vehicles, machinery, and debris in general. F. Lessee shall carefully protect, repair, and maintain all buildings, fences, and improvements of every kind that are now on the Property in as good repair and condition as when possession was granted, normal wear, depreciation, and damage from causes beyond Lessee's control excepted, or those improvements that may be erected thereon during the continuance of any term of this lease, if any. Lessee shall not, without first having obtained the written consent of Lessor, (a) erect any improvements of a permanent nature on the Property, (b) remove any improvement, (c) purchase any materials or incur any expenses for the account of Lessor, or (d) make a claim for labor or materials at any time. Notwithstanding the foregoing, minor improvements of a temporary or removable nature which do not materially alter the condition or appearance of the Property may be made by Lessee at its own cost and expense. Lessor shall in no way be liable for claims resulting from damage by the elements or otherwise, to any of the buildings or improvements, nor for any loss or damage while improvements are under construction or repair, nor any buildings or improvements. G. Lessee shall operate and maintain the Property in an efficient and good workmanlike way, timely harvesting of crops and using good agricultural practices and operations that will conserve the Property. H. Lessee shall not, without the prior written consent of Lessor, (a) plow permanent pasture or meadowland, (b) cut any living trees, (c) allow livestock, (d) burn or remove cornstalks, straw, or other crop residues grown on the Property, or (e) pasture new seedlings or perennial ligumes or grasses in the year they are seeded. Farm Lease Agreement Page 4 of 10 450976.v1 I. Lessee will spread manure, straw, or other crop residues of the Property as soon as practicable on the Property's fields. J. Lessee shall not commit waste on or damage to the Property and shall use due care to prevent others from doing so. K. Lessee shall not, without prior written consent of Lessor, house automobiles, motortrucks, tractors, recreational vehicles, boats, trailers, or other large items in barns or other structures, or otherwise violate restrictions in Lessor's insurance policies, which restrictions Lessor shall make known to Lessee. L. Lessee shall, promptly at the expiration of any term hereof, or on the date of such earlier termination pursuant to Paragraph 7 above, (1) yield up possession of the Property without further notice, in good repair, ordinary erosion and loss by heavy wind or rain, hail or fire excepted, and (2) remove all of Lessee's personal property from the Property. M. Lessee shall follow good health and sanitation measures. N. Lessee shall keep the fields and pasture areas, if any, on the Property neat and clean by either plowing, spraying, grazing, or mowing, and shall control all weeds along the fences and about the buildings, if any, including the highways and roads adjoining the Property, and along the borders of the fields by mowing, and shall control the growth of brush and mesquite. Noxious weeds shall not be allowed to go to seed and shall be destroyed. O. No herbicides shall be sprayed in proximity to any residential or business areas and such spraying shall be further restricted if required by law. P. Existing fences will be maintained in good repair and will not be removed or improved without prior written consent of Lessor. Those fences shared jointly by Lessee and Lessor's other lessee, if any, shall be maintained jointly. Q. Lessee shall not, without prior written consent of Lessor, burn any hay, straw, grass vegetation or stalks on the Property. R. Existing contours and water flow shall not be disrupted without prior written consent of Lessor, and Lessee agrees to use Property in such a manner as not to interfere with the present drainage system. 9. INSPECTION AND ACCESS During any term of this Lease, Lessor, its agents, officials, representatives, contractors, subcontractors, or employees may enter the Property for, among other reasons, making reasonable examinations, surveys, and inspections, including, but not limited to, soil tests and borings on the Property as it deems necessary to make improvements thereto. Lessor will repair any damage to the Property which may be caused as a result thereof. Farm Lease Agreement Page 5 of 10 450976.v1 10. INDEMNIFICATION Lessee shall indemnify and save harmless Lessor against and from any and all claims by or on behalf of any person(s), firm(s), corporation(s), or any other entity arising from Lessee's use of the Property or the conduct of its business or from any activity, work, or anything done, permitted or suffered by Lessee, in or about the Property, and will further indemnify and save Lessor harmless against and from any and all claims arising from any breach or default on Lessee's part in the performance of any covenant or agreement on Lessee's part to be performed pursuant to the terms of this Lease or arising from any act, negligent or intentional, of Lessee, or any of its agents, contractors, servants, employees, visitors, or licensees, and from and against all costs, counsel fees, expenses and liabilities incurred in connection with any such claim, action, or proceeding brought against Lessor by reason of such claim. Lessee, upon written notice from Lessor, shall resist and defend, at Lessee's sole cost and expense, such action or proceeding by counsel reasonably satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage from any source to property belonging to it or under its control, in, upon, or about the Property or improvements thereon, and Lessee hereby waives all claims in respect thereof against Lessor and agrees to defend and save Lessor, its agents, contractors, servants, employees, visitors, or licensees harmless from and against any such claims by others. Lessee agrees to maintain insurance adequate to cover any potential liabilities that may arise as a result of this Lease. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS LEASE. 11. NOTICES All notices to be given hereunder shall be in writing and may be given, served, or made by (a) depositing the same in the United States Mail addressed to the authorized representative of the party to be notified, postpaid and registered or certified with return receipt requested or (b) through a recognized and bonded local or national professional courier service which provides adequate documentation as proof of transmittal and/or delivery of said notice. Notices shall become effective when actually received. Lessee: Lessor: Mark B. Roath Larry K. Allen City Manager 1205 Troy Road City of Wylie Wylie, Texas 75098 2000 Highway 78 North Wylie, Texas 75098 12. ENCUMBRANCES A. Lessee shall not lease, sublet, or assign or in any manner encumber this Lease or any part of the Property. Lessee shall incur no expense of any nature whatsoever or create any obligation of any kind for any purpose affecting the Property which could become a lien against the Property. Lessee shall not conduct any sales of property, personal or otherwise, tangible or intangible, on the Property. Farm Lease Agreement Page 6 of 10 450976.v1 B. If Lessee shall at any time give or attempt to give to any person(s), company, corporations, or other entity lien upon the Property or other improvements thereon, or violates any of the conditions of this Lease, then this Lease may be terminated by Lessor in accordance with Section 7 above. 13. SUBORDINATION A. This Lease is made subject to all licenses, leases, grants, exceptions, encumbrances, restrictions, easements, and the like now or hereafter affecting the Property. B. This Lease is subject to any existing leases or contracts for the removal of natural resources such as timber, oil, and gas, and/or minerals, and Lessor reserves the right to lease the Property or any part thereof for prospecting, producing, saving, and marketing oil, gas, or other minerals, and the right of ingress and egress consistent with such purposes. 14. ASSIGNMENT Lessor reserves the right to assign all or a portion of this Lease at any time. In such event, Lessee shall be and hereby is entirely freed and relieved of all covenants and obligations of the Lessee hereunder pursuant to that portion assigned. 15. ENTIRE AGREEMENT A. This Lease constitutes the entire agreement between Lessee and Lessor with respect to the matters covered thereby and shall extend to and be binding upon the heirs, executors, administrators, assigns, and personal representatives of the parties hereto. B. This Lease can be modified or amended only by a document duly executed on behalf of the parties hereto and only those changes in this Lease which are approved in writing by both Lessor and Lessee shall be binding on the other. Neither Lessor nor Lessee shall be deemed to have waived any of its rights under this Lease unless it specifically agrees to do so in writing. 16. VENUE This Lease shall be governed by the laws of the State of Texas and exclusive venue shall be in Collin County, Texas. 17. SEVERABILITY In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 18. CONSIDERATION This Lease is executed by the Parties hereto 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 as original for all purposes. Farm Lease Agreement Page 7 of 10 450976.v1 20. BINDING EFFECT This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, and successors. 21. REPRESENTATIONS Each signatory represents this Lease has been read by the party for which this Lease is executed and that such party has had an opportunity to confer with its counsel. 22. MISCELLANEOUS DRAFTING PROVISIONS This Lease shall be deemed drafted equally by all parties hereto. The language of all parts of this Lease shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Lease are for the convenience of the parties and are not intended to be used in construing this document. IN WITNESS WHEREOF, the parties hereunto signed this Lease as of the date first above written. Executed for and on the behalf of the Lessor on the 11th day of July, 2006. CITY OF WYLIE A Texas Municipal Corporation John Mondy, Mayor ATTEST Carole Ehrlich, City Secretary Executed for and on the behalf of the Lessee on the day of , 2006. LESSEE Farm Lease Agreement Page 8 of 10 450976.v1 LESSOR STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally JOHN MONDY, Mayor, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledges to me that he is the duly authorized representative for the CITY OF WYLIE and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2006. Notary Public in and for the State of Texas My Commission Expires: LESSEE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Larry K. Allen, known to me to be the person whose name is subscribed to the foregoing instrument; he acknowledges to me that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2006. Notary Public in and for the State of Texas My Commission Expires: Farm Lease Agreement Page 9 of 10 450976.v1 EXHIBIT "A" Property Description Farm Lease Agreement Page 10 of 10 450976.v1 Exhibit "A" Property Location Map 4. f 1. wr11. yi= + ,,� r .., wr 1 — •i ,„ West Brown Street b r ft.. "'0+j . t ' ow_ o. w .R i' t,.. 1, ;e, 4.1i.'., t t T , Vu t" v. it fy .k �` $ -$mow r Sys 7 � �..,, f' '-'ti .. it ` .1, •Y"s- J. } r . .. f b' ,R Y.:♦ .d �r %+' •` '' +'• f 1P91Y o / dam ' ..y�� �..� a • a . gsY w w • —'•ail-1G&. _ ;,0'e."110_ jY +, ... Y. - -. i 9 r r } } € i Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 3, 2006 Item Number: 6 Department: City Attorney (City Secretary's Use Only) Prepared By: Julie Fort Account Code: Date Prepared: July 3, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, Ordinance No. 2006-42 establishing a Code of Ethics. Recommendation Motion to approve Ordinance No. 2006-42 establishing a Code of Ethics. Discussion On June 13, 2006, Mayor John Mondy voiced an interest in establishing a Code of Ethics for the City of Wylie. As such, the City Attorney's Office has drafted the attached legislation on ethics for Council consideration and possible action. Approved By Initial Date Department Director City Manager MBR 07/05/2006 Page 1 of 1 ORDINANCE NO. 2006-42 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Wylie desires for all of its citizens to have confidence in the integrity, independence, and impartiality of those who act on their behalf in government; and WHEREAS, this proposed Code of Ethics to define the bounds of reasonable ethical behavior by the City Council and all appointed City Officials. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that this Ordinance be adopted in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. PART A: DECLARATION OF POLICY SECTION 1:STATEMENT OF PURPOSE It is essential in a democratic system that the public have confidence in the integrity, independence, and impartiality of those who act on their behalf in government. Such confidence depends not only on the conduct of those who exercise Official power, but on the availability of aid or redress to all persons on equal terms and on the accessibility and dissemination of information relating to the conduct of public affairs. The Wylie City Council adopts this Code of Ethics in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. The Code establishes standards of conduct, disclosure requirements, and enforcement mechanisms relating to City Officials. The Code also covers others whose actions inevitably affect public faith in City government, such as former City Officials, candidates for public office, and persons doing business with the City. By prohibiting conduct incompatible with the City's best interests and minimizing the risk of any appearance of impropriety, this Code of Ethics will further the legitimate interests of democracy. SECTION 2:DEFINITIONS As used in this Code of Ethics, the following words and phrases have the meaning ascribed to them in this Section, unless the context requires otherwise or more specific definitions set forth elsewhere in this code apply: Affiliated. Business entities are "Affiliated" if one is the parent or subsidiary of the other or if they are subsidiaries of the same parent Business Entity. Code of Ethics Ordinance Page 1 of 17 456250.v2 Affinity. Relationship by "Affinity" is defined in Sections 573.024 and 573.025 of the Texas Government Code, as it exists or may be amended (See Attachments "A"and "B"). Before the City. Representation or appearance "Before the City" means before the City Council or a Board, commission, or other City entity. Board. A Board, commission, or committee: (1) Which is established by City Ordinance, City Charter, inter-local contract between the City and another Party, or state law; or (2) Any part of whose membership is appointed by the City Council, but does not include a Board, commission, or committee that is the governing body of a separate political subdivision of the state. (3) The Wylie Economic Development Corporation is considered a Board for the purpose of this Code. Business Entity. "Business Entity" means a sole proprietorship, partnership, firm, corporation, limited liability company, holding company, joint-stock company, receivership, trust, unincorporated association, or any other business entity recognized by law. Code of Ethics. "Code of Ethics," "Ethics Code," or "this Code" means Parts A through H of this Ordinance. Confidential Government Information. "Confidential Government Information" is all information held by the City that is not available to the public under the Public Information Act, (Chapter 552, Local Government Code, as it exists or may be amended, "the Act") and any information from a meeting closed to the public pursuant to the Texas Open Meetings Act, (Chapter 551, Local Government Code, as it exists or may be amended) regardless of whether disclosure violates the Act and/or the Texas Open Meetings Act. City. "City" means the City of Wylie, Texas. Consanguinity. Relationship by "Consanguinity" is defined in Sections 573.022 and 573.023 of the Texas Government Code, or as amended. (See Attachment "B") Discretionary Contract. "Discretionary Contract" means any contract other than those which by law must be awarded on a qualified bid basis. Economic Interest. "Economic Interest" is legal or equitable property interests in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a City Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that City Official an Economic Interest in the property of the organization. "Economic Interest" does not include the contract and/or business relationship that the City Manager, City Code of Ethics Ordinance Page 2 of 17 456250.v2 Secretary, and/or the Municipal Court Judges and Magistrates and/or their respective law firms have with the City. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an Economic Interest in such securities or other assets unless the person in question participates in the management of the fund. Gift. A voluntary transfer of property (including the payment of money) or the conferral of a benefit having monetary value (such as the rendition of services or the forbearance of collection on a debt), unless consideration of equal or greater value is received by the donor as quid pro quo. Indirect Ownership. A person "indirectly owns" an equity interest in a Business Entity where the interest is held through a series of business entities, some of which own interests in others. Matter. Matter is defined as the events or circumstances of a particular situation. Official. The term "Official" or "City Official" is defined as the following persons: (1) The Mayor (2) Members of the City Council (3) Municipal Court Judges and Magistrates (4) The City Manager (5) The Assistant City Manager (6) The City Secretary (7) Members of the temporary or standing, current or future Boards, Commissions, Governing Bodies, and Boards of Directors when those Boards, Commissions, Governing Bodies, and Boards of Directors are appointed in their entirety or partially by the City Council of the City. Official Action. "Official Action" is defined as: (1) any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an Official's duties, and (2) any failure to act, if the Official is under a duty to act and knows that inaction is likely to affect substantially an Economic Interest of the Official or any person or entity listed in Part B, Sections 1(a)(2) through 1(a)(8). Official Information. "Official Information" is information gathered pursuant to the power or authority of City. Partner. "Partner" is defined as partners in general partnerships, limited partnerships, limited liability partnerships,joint ventures, and any other partnership allowed by law. Personally and Substantially Participated. The requirement of having "personally and substantially participated" in a Matter is met only if the individual in fact exercised discretion Code of Ethics Ordinance Page 3 of 17 456250.v2 relating to the Matter. The fact that the person had responsibility for a Matter does not by itself establish that the person "personally and substantially participated" in the Matter. Representation. "Representation" is defined as all forms of communication and personal appearances in which a person, not acting in performance of Official duties, formally or informally, serves as an advocate for private interests, regardless of whether the Representation is compensated. Lobbying, even on an informal basis, is a form of Representation. Representation does not include appearance as a fact witness or uncompensated expert witness in litigation or other Official proceedings. Solicitation. "Solicitation" of subsequent employment or business opportunities is defined as all forms of proposals and negotiations relating thereto. SECTION 3: WORDING INTERPRETATION The gender of the wording throughout this Ordinance shall always be interpreted to mean either sex. All singular words shall include the plural, and all plural words shall include the singular. All references to the laws of the State of Texas or the Home Rule Charter, Ordinances, or Resolutions of the City of Wylie Texas shall mean "as presently enacted or hereafter amended". PART B: PRESENT CITY OFFICIALS SECTION 1:IMPROPER ECONOMIC BENEFIT (a) General Rule. City Officials shall comply with Chapter 171 of the Local Government Code, as it exists or may be amended, regarding conflicts of interest. (b) Affidavit and Abstention from Voting Required. City Officials shall comply with Chapter 171 of the Local Government Code, as it exists or may be amended, regarding Affidavits and Abstention from Voting. SECTION 2: UNFAIR ADVANCEMENT OF PRIVATE INTERESTS (a) General Rule. A City Official may not use his Official position to grant or secure, or attempt to grant or secure, for any person (including himself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. This rule does not apply to actions taken by a City Official in the legislative process. (b) Special Rules. The following special rules apply in addition to the general rule: (1) Acquisition of Interest in Impending Matters. A City Official shall not acquire an interest in, or be affected by, any contract, transaction, zoning decision, or other Matter (the "interest"), if the Official knows, or has reason to know, that the interest will be directly or indirectly affected by impending Official Action by the City. (2) Reciprocal Favors. A City Official may not enter into an agreement or understanding with any other person that Official Action by the Official will be rewarded or reciprocated by the other person, directly or indirectly. Code of Ethics Ordinance Page 4 of 17 456250.v2 (3) Appointment of Relatives. A City Official shall not nominate, appoint or vote to nominate or appoint any relative within the third degree of Consanguinity or Affinity to any position of the City. (4) In any land Matter which comes Before the City Council, Planning and Zoning Commission, or Board of Adjustments and in which any member of the City Council or aforementioned Boards and commissions has a financial interest in any property within two hundred feet (200') of the Matter before it, such member shall disclose the existence of the interest by filing a statement with the record keeper. The member of the City Council, Planning and Zoning Commission, or Board of adjustments may speak on the item and, thereafter, leave the room. In addition, any state law provision regarding a conflict of interest shall also be followed. It is the intention of this provision that the term "land matter" shall be interpreted broadly to include zoning, permit requests, variances, etc. (5) No City Council member who is on the Board of a nonprofit organization may vote on any funding request by that nonprofit organization, unless the nonprofit organization has a Board of directors or trustees appointed in whole or in part by the City Council. (c) Recusal and Disclosure. A City Official whose conduct would otherwise violate Part B, Section 2(b)(3) shall adhere to the recusal and disclosure provisions stated in Part B, Section 1(b). SECTION 3: GIFTS (a) General Rule. A City Official shall not solicit, accept, or agree to accept any Gift or benefit having a total aggregate value more than $250 over a consecutive 6 month period from the same person or entity. (b) Special Applications. Subsection(a) does not include: (1) a Gift to a City Official relating to a special occasion, such as a wedding; anniversary, graduation, birth, illness, death, or holiday, provided that the value of the Gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) reimbursement of reasonable expenses for travel authorized in accordance with City policies; (3) a public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion; (4) a loan from a lending institution made in its regular course of business on the same terms generally available to the public; Code of Ethics Ordinance Page 5 of 17 456250.v2 (5) a scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; or (6) admission to an event in which the City Official is participating in connection with Official duties; (7) lawful campaign contributions; (8) attending social functions, ground breakings, or civic events pertinent to the public relations and operations of the City; (9) exchanging Gifts with his family and relatives; (10) exchanging Gifts at church functions or City parties or functions where only City Officials and their employees are invited or attended; (11) exchanging Gifts or receiving a bonus from their place of full-time employment; (12) meals for the City Official, and the City Official's spouse, paid for by another party; or (13) participation in charitable events where the ticket price, entry fee or the like is waived for the City Official and/or the City Official's spouse. (c) Gifts to Closely Related Persons. A City Official shall take reasonable steps to persuade a parent, spouse, child, stepchild, or other relative within the second degree of Consanguinity or Affinity (see Attachment "B') not to solicit, accept, or agree to accept any Gift or benefit which would violate Subsection (a) if the Official solicited, accepted, or agreed to accept it. SECTION 4: CONFIDENTIAL INFORMATION (a) Improper Access. A City Official shall not use his position to secure Official Information about any person or entity for any purpose other than the performance of Official responsibilities. (b) Improper Disclosure or Use. A City Official shall not disclose Confidential Government Information or use such information to further or impede anyone's personal interests. This rule does not prohibit: (1) any disclosure or use that is authorized or required by law; (2) the confidential reporting of illegal or unethical conduct to authorities designated by law. Code of Ethics Ordinance Page 6 of 17 456250.v2 SECTIONS:REPRESENTATION OF PRIVATE INTERESTS (a) Representation by a Member of the Board. A City Official who is a member of a City Board shall not serve as a representative before that Board or body any person, group, or entity. (b) Representation before the City. A City Official shall not represent any person, group, or entity, other than himself; or his spouse or minor children, before the City. (c) Representation in Litigation Adverse to the City. (1) Salaried Officials. A salaried City Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to the interests of the City. (2) Non-Salaried Officials. A non-salaried Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to interests of the City and the matter is substantially related to the non-salaried Official's duties to the City. SECTION 6:PUBLIC PROPERTY AND RESOURCES A City Official shall not use, request, or permit the use of City facilities, personnel, equipment, or supplies for private purposes (including political purposes), except: (a) pursuant to duly adopted City policies, or (b) to the extent and according to the terms that those resources are lawfully available to the public. SECTION 7:POLITICAL ACTIVITY Limitations on the political activities of City Officials are imposed by state law, the City Charter, and City personnel rules. In addition, the following ethical restrictions apply: (a) Influencing Subordinates. A City Official shall not, directly or indirectly, induce or attempt to induce any subordinate of the Official: (1) to participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue, or (2) to refrain from engaging in any lawful political activity, except as prohibited by the City Charter. (b) In elections for candidates other than for City Council of the City, a member of the City Council may not: Code of Ethics Ordinance Page 7 of 17 456250.v2 (1) Use the prestige of the member's position with the City on behalf of a candidate; (2) Solicit or receive contributions; or (3) Serve as the designated campaign treasurer for a candidate as required by Chapter 252, Texas Election Code (See Attachment "C") (c) In any election, a member of the City Council or City Board, may not: (1) Use the prestige of the member's position with the City on behalf of a candidate; (2) Serve as the designated campaign treasurer for a candidate as required by Chapter 252, Texas Election Code, or as amended (See Attachment "C"); or (3) Personally solicit or receive contributions for a candidate other than for himself. A member, however, is not prohibited from serving on a steering committee for a candidate other than for City Council to plan a program of solicitation and listing the member's name without reference to the office held when the committee as a whole is listed. (d) Part B, Sections 7(b) and 7(c) do not prohibit a member of the City Council or of a Board from lending the member's name in support of a candidate so long as the office held with the City is not mentioned in connection with the endorsement. (e) Paid Campaigning. A City Official shall not accept any thing of value, directly or indirectly, for political activity relating to an item pending on the ballot, if he participated in, or provided advice relating to, the exercise of discretionary authority by the City Council or a Board that contributed to the development of the ballot item. (f) Official Vehicles. A City Official shall not display or fail to remove campaign materials on any City vehicle under his control. Limitations on the use of public property and resources for political purposes are imposed by Part B, Section 6. A general statement merely encouraging another person to vote does not violate this rule. SECTION 8:ACTIONS OF OTHERS (a) Violations by Other City Officials. A City Official shall not knowingly assist or induce, or attempt to assist or induce, another City Official to violate any provision in this Code of Ethics. (b) Using Others to Engage in Forbidden Conduct. A City Official shall not violate the provisions of this Code of Ethics through the acts of another. Code of Ethics Ordinance Page 8 of 17 456250.v2 SECTION 9:INTERACTION WITH CITY STAFF (a) City Council members' and Board Members' interaction with the City Manager or staff must recognize the lack of authority in any individual City Councilmember, Board Member or group of City Council members or Board Members except when explicitly authorized by the City Council or Board. (b) City Council members and Board Members will not make public individual judgments of the performance of the City Manager, his staff, the City Secretary, or the Municipal Judge except as authorized by City policy, ordinance, or the City Charter. (c) City Council members and Board Members may not attempt to coerce or intimidate City Employees, interfere with City Employees' duties, or otherwise circumvent the authority of the City Manager. SECTION 10: CITY COUNCIL INTERACTION WITH GENERAL PUBLIC City Council members' and Board Members' interaction with public, press or other entities must recognize the same limitation as expressed in Section 9 and the inability of any City Councilmember or Board Member or group of City Council members or Board Members to speak for the City Council or Board except when explicitly authorized by the Council, Board, or City Charter. SECTION 11:PROHIBITED INTERESTS IN CONTRACTS (a) Charter Provision. The Charter of the City of Wylie, in Article XI, Section 5, states "No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, nor shall be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or service, except on behalf of the city as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall be subject to removal from his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the city council shall render the contract involved void." (b) Financial Interest. An City Official has a prohibited "financial interest" in a contract with the City, or in the sale to the City of land, materials, supplies, or service, if any of the following individuals or entities is a party to the contract or sale: (1) the Official; (2) his parent, child, stepchild, or spouse; (3) a Business Entity in which the Official directly or indirectly owns: (A)ten(10)percent or more of the voting stock or shares of the Business Entity, or (B)ten(10)percent or more of the Business Entity; or Code of Ethics Ordinance Page 9 of 17 456250.v2 (4) a Business Entity of which any individual or entity listed in Part B, Section 11(b)(1) or 11(b)(3) is: (A)a subcontractor on a City contract; or (B)an Affiliated business or Partner. (c) Definitions. For purposes of enforcing Article XI, Section 5 of the City Charter under the provisions of this Section: (1) a City "Employee" is any Employee of the City. (2) a City "Officer" is: (A)the Mayor or any City Council member; (B)a Municipal Judge or Magistrate; or (C)a member of a Board which is more than advisory in function. The term does not include members of the Board of another governmental entity even if some or all of these members are appointed by the City. PART C: FORMER CITY OFFICIALS SECTION 1: CONTINUING CONFIDENTIALITY A former City Official shall not use or disclose Confidential Government Information acquired during service as a City Official. This rule does not prohibit: (a) any disclosure or use that is authorized or required by law; or (b) the confidential reporting of illegal or unethical conduct to authorities designated by law. SECTION 2:SUBSEQUENT REPRESENTATION (a) Representation by a Former Board Member. A person who was a member of a Board shall not represent before that Board any person, group, or entity for a period of one (1) year after the termination of his Official duties. (b) Representation Before the City. A former City Official shall not represent any person, group, or entity, other than himself, or his spouse or minor children, before the City for a period of one (1) year after termination of his Official duties, unless hired by the City under the authority granted within the City Charter. (c) Representation in Litigation Adverse to the City. A former City Official shall not, absent consent from the City, represent any person, group, or entity, other than himself, or his spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to the interests of the City and the Matter is one in which the former City Official "Personally and Substantially Participated" prior to termination of his Official duties. Code of Ethics Ordinance Page 10 of 17 456250.v2 SECTION 3:DISCRETIONARY CONTRACTS (a) Impermissible Interest in Discretionary Contract or Sale. This Subsection applies only to contracts or sales made on a discretionary basis, and not to contracts or sales made on a competitive bid basis. Within one (1) year of the termination of Official duties, a former City Official shall not have a financial interest, direct or indirect, in any contract with the City, and shall not be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or service. Any violation of this Section, with the knowledge, expressed or implied, of the individual or Business Entity contracting with the City Council shall render the contract involved voidable by the City Manager or the City Council. A former City Official has a prohibited "financial interest" in a contract with the City, or in the sale to the City of land, materials, supplies, or service, if any of the following individuals or entities is a party to the contract or sale: (1) the former Official; (2) his parent, child, stepchild, or spouse; (3) a Business Entity in which the former Official directly or indirectly owns: (A)ten(10)percent or more of the voting stock or shares of the Business Entity, or (B)ten(10)percent or more of the fair market value of the Business Entity; or (4) a Business Entity of which any individual or entity listed in Part C, Section 3(a)(1) or 3(a)(3) is: (A)a subcontractor on a City contract; or (B)an Affiliated business or Partner. (b) Prior Participation in Negotiation or Awarding. A former City Official may not, within one (1) year of the termination of Official duties, perform work on a compensated basis relating to a Discretionary Contract, if he "Personally and Substantially Participated" in the negotiation or awarding of the contract. (c) Definitions. For purposes of Part C, Section 3(a) of this rule: (1) A "former City Official" is any person who, immediately prior to termination of Official duties, was: (A)the Mayor or a member of City Council; (B)a Municipal Judge or Magistrate; or (C)a member of a Board which is more than advisory in function. The term "former City Official" does not include a former member of the Board of another governmental entity even if some or all of its members were appointed by the City Council. Code of Ethics Ordinance Page 11 of 17 456250.v2 (2) The term "contract" means any contract other than a contract for the personal services of the former City Official. (3) The term "service" means any services other than the personal services of the former Official. PART D: PERSONS DOING BUSINESS WITH THE CITY SECTION 1:PERSONS SEEKING CONTRACTS (a) Disclosure of Parties, Owners, and Closely Related Persons. For the purpose of assisting the City in the enforcement of provisions contained in the City Charter and this Code of Ethics, an individual or Business Entity seeking a contract from the City is required to disclose, on a form provided by the City: (1) the identity of any individual who would be a party to the contract, and the names of any persons to whom the such individual is related as parent, child, stepchild, or spouse; (2) the identity of any Business Entity that would be a party to the contract and the name of: (A)any individual or Business Entity that would be a subcontractor on the contract; and (B)any individual or Business Entity that is known to be an Affiliated business or Partner of any individual or Business Entity disclosed in compliance with Part D, Section 1(a)(1) of this rule; and (3) the identity of any individual or Business Entity employed for purposes relating to the contract being sought by any individual or Business Entity disclosed in compliance with Part D, Section 1(a)(1) of this rule. (b) Political Contributions. Any individual or Business Entity seeking a Discretionary Contract from the City must disclose, on a form provided by the City, all political contributions totaling two hundred fifty dollars ($250) or more within the past twenty-four (24) months made directly or indirectly to any member of City Council, or to any political action committee that contributes to City Council elections, by any individual or Business Entity whose identity must be disclosed under Part D, Section 1(a). Indirect contributions by an entity include, but are not limited to, contributions made through the Officers or owners of the entity. (c) Briefing Papers and Open Records. Briefing papers prepared for the City concerning any proposed Discretionary Contract shall reveal the information disclosed in compliance with Part D, Sections 1(a) and 1(b), and that information shall constitute an open record available to the public. Code of Ethics Ordinance Page 12 of 17 456250.v2 PART E: MEMBERS OF THE PUBLIC AND OTHERS Part E applies to current and former City Officials, persons doing business with the City, and lobbyists, as well as to members of the public and any other person (including business entities and nonprofit entities). SECTION 1:FORMS OF RESPONSIBILITY No person shall induce, attempt to induce, conspire with, aid or assist, or attempt to aid or assist another person to engage in conduct violative of the obligations imposed by this ethics code. PART F: ETHICS REVIEW PROCESS SECTION 1:DEFINITIONS As used in Part F, the term "ethics laws" is defined as this Code of Ethics, Article 14 of the City Charter, and Section 171 of the Texas Local Government Code. The term "ethical violation" is defined as violations of any of these enactments. SECTION 2: COMPLAINTS (a) Filing. Any person who believes that there has been a violation of the ethics laws may file a sworn Complaint with the City Secretary. The"Complaint" shall: (1) identify the person or persons who allegedly committed the violation; (2) provide a statement of the facts on which the Complaint is based; (3) to the extent possible, identify the rule or rules allegedly violated; and (4) be sworn to in the form of an affidavit and be based on personal knowledge of the affiant and be subject to the laws of perjury. The complainant may also recommend other sources of evidence that the City Attorney should consider and may request a hearing. (b) Confidentiality. No City Official shall reveal information relating to the filing or processing of a Complaint except as required for the performance of Official duties. All papers relating to a pending Complaint are confidential. (c) Notification. A copy of a Complaint meeting Part F, Section 2(a) shall be promptly forwarded by the City Secretary to the City Attorney and to the person charged in the Complaint. The person charged in the Complaint shall also be provided with a copy of the ethics rules and shall be informed: (1) that, within fourteen (14) days of receipt of the Complaint, he may file a sworn response with the City Secretary; Code of Ethics Ordinance Page 13 of 17 456250.v2 (2) that failure to file a response does not preclude the City Attorney from processing the Complaint; (3) that a copy of any response filed by the person charged in the Complaint will be provided by the City Secretary to the complainant, who may within seven (7) days respond by sworn writing filed with the City Secretary, a copy of which shall be provided by the City Secretary to the person charged in the Complaint; (4) that the person charged in the Complaint may request a hearing; and (5) that City Officials have a duty to cooperate with the City Attorney, pursuant to Part F, Section 3 of this Code. (d) Assistance. The City Secretary shall provide information to persons who inquire about the process for filing a Complaint. SECTION 3:PROCEDURE FOR COMPLAINTS AGAINST CITY OFFICIALS Within three (3) business days after receipt, it shall be the duty of the City Attorney to make the initial determination/evaluation of the Complaint as to whether or not the facts alleged, if true, would at face value constitute a violation of this Code. If it is determined by the City Attorney that the facts as alleged would not constitute a violation, then in accordance with the notice requirements of the Texas Open Meetings Act, the City Attorney shall present a written report describing in detail the nature of the Complaint and the findings of the City Attorney to the City Council at its next regularly scheduled meeting. A majority of those City Council members not implicated by the allegation(s) may either invoke the investigatory procedure contained herein or reject the Complaint. Any vote to reject the Complaint shall be in a public hearing called for that purpose. If it is determined by the City Attorney that the facts as alleged could constitute a violation of this Code, then the City Attorney shall, within three (3) business days after receipt of the Complaint, notify the Mayor and City Council of the existence and nature of the Complaint. The Mayor or any three (3) members of the City Council may cause a meeting of the City Council to convene, whether regular or special, within five (5) business days after being so notified by the City Attorney to further consider said Complaint in Executive Session. At said meeting, the City Attorney shall present a written report to the City Council describing in detail the nature of the Complaint and his findings and conclusions as to a possible violation of this Code. In any event, within two (2) business days after the rendering of said report, the City Attorney shall select and appoint an independent private attorney to fully investigate the alleged improprieties. Said attorney shall be selected from a list of five (5) attorneys appointed by the City Council for these purposes. The City Council shall appoint such list of Attorneys on an as-needed basis. These attorneys, when assigned by the City Council to investigate a specific Complaint, shall have all of the powers of investigation as is given to the City Council by reason of Section 3.17 of the City Charter. The investigating attorney shall report back to the City Council in writing as soon as possible but in no event more than fifteen (15) calendar days from the day of appointment unless an extension is granted by a majority of the eligible City Council members. Said report shall be comprehensive in support of the attorney's opinion as to whether or not a violation of this Code occurred. Code of Ethics Ordinance Page 14 of 17 456250.v2 The City Council shall consider the findings of said report at the meeting at which it is presented at which time the person(s) accused shall have the right to a full and complete hearing with the opportunity to call witnesses and present evidence on his behalf No final action, decision, or vote with regard to any matter shall be made except in a meeting which is open to the public. PART G: ENFORCEMENT MECHANISMS In addition to other remedies provided by law, the following remedies are available with respect to violations of this Code of Ethics: SECTION 1:DISCIPLINARY ACTION City Officials who engage in conduct that violates this Code may be notified, warned, reprimanded, suspended, or removed from office or employment by the City Council. Disciplinary action under Part G, Section 1 may be imposed in addition to any other penalty or remedy contained in this Code of Ethics or any other law. SECTION 2: CIVIL FINE Any person, whether or not a City Official, who violates any provision of this Code of Ethics is subject to a fine not exceeding five hundred dollars ($500.00). SECTION 3:PROSECUTION FOR PERJURY Any person who files a false sworn Complaint under Part F, Section 2(a) of this Code is subject to criminal prosecution for perjury under the laws of the State of Texas. SECTION 4: VOIDING OR RATIFICATION OF CONTRACT If an Ethics Review finds that there has been a violation of any provision in Sections 1 through 11 of Part B; Sections 1 through 3 of Part C; Part D; or Part E that is related to the awarding of a contract, the City Council must vote on whether to ratify or void the contract. Such action shall not affect the imposition of any penalty or remedy contained in this Code of Ethics or any other law. SECTIONS:DISQUALIFICATION FROM CONTRACTING (a) Any person (including business entities and non-profit entities) who intentionally or knowingly violates any provision of Part D (Persons Doing Business with the City) may be prohibited by the City Council from entering into any contract with the City for a period not to exceed three (3) years. (b) It is a violation of this Code of Ethics: (1) for a person prohibited from entering into a contract with the City to enter, or attempt to enter, into a contract with the City during the period of disqualification from contracting; or (2) for a City Official to knowingly assist a violation of Part G, Section 5 of this rule. Code of Ethics Ordinance Page 15 of 17 456250.v2 (c) Nothing in this section shall be construed to prohibit any person from receiving a service or benefit, or from using a facility, which is generally available to the public, according to the same terms. (d) A Business Entity or nonprofit entity may be disqualified from contracting based on the conduct of an employee or agent, if the conduct occurred within the scope of the employment or agency. PART H: ADMINISTRATIVE PROVISIONS SECTION 1: OTHER OBLIGATIONS This Code of Ethics is cumulative of and supplemental to applicable state and federal laws and regulations. Compliance with the provisions of this code shall not excuse or relieve any person from any obligation imposed by state or federal law regarding ethics, financial reporting, lobbying activities, or any other issue addressed herein. Even if a City Official is not prohibited from taking official action by this Code of Ethics, action may be prohibited by duly promulgated personnel rules, which may be more stringent. SECTION 2:EFFECTIVE DATE This Code of Ethics shall take effect on , 2006. No person shall be bound by this Code of Ethics until they have had an opportunity to read and understand it as a condition of their candidacy for membership as a City Official. Individuals seated as City Officials at the time this Ordinance is approved by the City Council shall not be bound by it until such time as they reapply for a City Official position, at which point their signed acknowledgement of receipt and understanding of this Code shall be a condition of their candidacy for reelection or reappointment. SECTION 3:DISTRIBUTION AND TRAINING (a) At the time of application for a position of City Official, every applicant shall be furnished with a copy of this Code of Ethics. No application shall be considered complete without a signed acknowledgement of receipt and understanding of this Code by the applicant. (b) The City Attorney or City Manager as designated by the City Council shall develop educational materials and conduct educational programs for the City Officials on the provisions of this Code of Ethics, Article XI of the City Charter, and Chapters 171 and 176 of the Texas Local Government Code. Such materials and programs shall be designed to maximize understanding of the obligations imposed by these ethics laws. SECTION 4:SEVERABILITY If any provision of this Code is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other Code of Ethics Ordinance Page 16 of 17 456250.v2 provisions or applications of this Code which can be given effect without the invalid or unconstitutional provision or application. READ, CONSIDERED, PASSED AND APPROVED by the City of Wylie, Texas, on this the l 1th day of July, 2006. John Mondy, Mayor ATTEST: By: Carole Ehrlich, City Secretary Code of Ethics Ordinance Page 17 of 17 456250.v2 Attachment "A " Attachment"A" Texas Government Code, Sections 573.024 and 573.025 Sec. 573.024. Determination of Affinity. (a) Two individuals are related to each other by affinity if: (1) they are married to each other; or (2) the spouse of one of the individuals is related by consanguinity to the other individual. (b) The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives. (c) Subsection (b) applies to a member of the board of trustees of or an officer of a school district only until the youngest child of the marriage reaches the age of 21 years. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, effective Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 260, Sec. 32, effective May 30, 1995. Sec. 573.025. Computation of Degree of Affinity. (a) A husband and wife are related to each other in the first degree by affinity. For other relationships by affinity,the degree of relationship is the same as the degree of the underlying relationship by consanguinity. For example: if two individuals are related to each other in the second degree by consanguinity, the spouse of one of the individuals is related to the other individual in the second degree by affinity. (b) An individual's relatives within the third degree by affinity are: (1) anyone related by consanguinity to the individual's spouse in one of the ways named in Section 573.023(c); and (2) the spouse of anyone related to the individual by consanguinity in one of the ways named in Section 573.023(c). Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, effective Sept. 1, 1993. Code of Ethics-Attachment A' Page 1 of 1 Attachment "B " Attachment"B" Texas Government Code, Sections 573.022 and 573.023 Including Chart of Consanguinity Sec. 573.022. Determination of Consanguinity. (a)Two individuals are related to each other by consanguinity if: (1) one is a descendant of the other; or (2) they share a common ancestor. (b)An adopted child is considered to be a child of the adoptive parent for this purpose. Added by Acts 1993, 73rd Leg., ch.268, Sec. 1, effective Sept. 1, 1993. Sec.573.023. Computation of Degree of Consanguinity.. • (a) The degree of relationship by consanguinity between an individual and the individual's descendant is determined by the number of generations that separate them. A parent and child are related in the first degree, a grandparent and grandchild in the second degree, a great-grandparent and great-grandchild in the third degree and so on. (b) If an individual and the individual's relative are related by consanguinity, but neither is; descended from the other, the degree of relationship is determined by adding: (1) the number of generations between the individual and the nearest common ancestor of the individual and the individual's relative; and (2) the number of generations between the relative and the nearest common ancestor. (c)An individual's relatives within the third degree by consanguinity are the individual's: (1) parent or child (relatives in the first degree); (2) brother, sister,grandparent, or grandchild (relatives in the second degree); and (3) great-grandparent, great-grandchild, aunt who is a sister of a parent of the individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brother or sister of the individual, or niece who is a child of a brother or sister of the individual (relatives in the third degree). Added by Acts 1993, 73rd Leg., ch.268, Sec. 1, effective Sept. 1, 1993. Code of Ethics-Attachment"B" Page 1 of 2 Charts of Affinity and Consanguinity Affinity Kinship Chart (Marriage) Grand- Adif.... Father Gran Daughter Uncle Father Mother Aunt Nephew *04 Brother Spouse Daughter Niece Sister Son 1st Cousin Grandson Grand- Mother iiv Consanguinity Kinship Chart (Blood) Great Great Grand- Grand- Father Daughter Grand- Father Grand Daughter Great Great Uncle Aunt Uncle Father Mother Aunt Nephew Brother Officer Daughter Great 2na Nephew Niece Sister Son 1st Cousin Cousin AGrandson Grand Great Mother Great.. Niece Grand Mother Great Grandson Code of Ethics-Attachment"B° Page 2 of 2 Attachment "C " Attachment "C" Texas Election Code, Section 252 CHAPTER 252. CAMPAIGN TREASURER Sec.252.001. Appointment of Campaign Treasurer Required. Each candidate and each political committee shall appoint a campaign treasurer as provided by this chapter. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987. Sec. 252.002. Contents of Appointment. (a) A campaign treasurer appointment must be in writing and include: (1) the campaign treasurer's name; (2) the campaign treasurer's residence or business street address; (3) the campaign treasurer's telephone number; and (4) the name of the person making the appointment. (b) A political committee that files its campaign treasurer appointment with the commission must notify the commission in writing of any change in.the campaign treasurer's address not later than the 10th day after the date on which the change occurs. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987;Acts 1993, 73rd Leg., ch. 107, Sec. 3.05, effective. Aug. 30, 1993. Sec. 252.003. Contents of Appointment by General-Purpose Committee, (a) In addition to the information required by Section 252.002, a campaign treasurer appointment by a general-purpose committee must include: (1) the full name, and any acronym of the name that will be used in the name of the committee as provided by Subsection (d), of each corporation, labor organization, or other association or legal entity that directly establishes,administers, or controls the committee, if applicable, or the name of each person who determines to whom the committee makes contributions or the name of each person who determines for what purposes the committee makes expenditures; (2) the full name and address of each general-purpose committee to whom the committee . intends to make political contributions; and (3) the name of the committee and, if the name is an acronym,the words the acronym represents. (b) If any of the information required to be included in a general-purpose committee's appointment changes, excluding changes reported.under Section 252.002(b), the committee shall file an amended appointment with the commission not later than the 30th day after the date the change occurs. Code of Ethics-Attachment'C Page 1 of 6 (c) The name of a general-purpose committee may not be the same as or deceptively similar to the name of any other general-purpose committee whose campaign treasurer appointment is filed with the commission. The commission shall determine whether the name of a general-purpose political committee is in violation of this prohibition and shall immediately notify the campaign treasurer of the offending political committee of that determination. The campaign treasurer of the political committee must file a name change with the commission not later than the 14th day after the date of notification. A campaign treasurer who fails to file a name change as provided by this subsection or a political committee that continues to use a prohibited name after its campaign treasurer has been notified by the commission commits an offense. An offense under this subsection is a Class B misdemeanor. (d) The name of a general-purpose committee must include the name of each corporation, labor organization, or other association or legal entity other than an individual that directly establishes, administers, or controls the committee. The name of an entity that is required to be included in the name of the committee may be a commonly recognized acronym by which the entity is known. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective,Sept. 1, 1987;Acts 1991, 72nd Leg., ch. 304, Sec. 5.02, effective Jan. 1, 1992;Acts 1993, 73rd Leg., ch. 107, Sec. 3.06, effective Aug. 30, 1993. Sec.252.0031. Contents of Appointment by Specific-Purpose Committee. (a) In addition to the information required by Section 252.002, a campaign treasurer • appointment by a specific-purpose committee for supporting or opposing a candidate for an office specified by Section 252.005(1) must include the name of and the office sought by the candidate. If that information changes,the committee shall immediately file an amended appointment reflecting the change. (b) The name of a specific-purpose committee for supporting a candidate for an office specified by Section 252.005(1) must include the name of the candidate that the committee supports. Added by Acts 1989, 71st Leg., ch.2, Sec. 7.15(a), effective Aug. 28, 1989. ,Amended by Acts 1991, 72nd Leg., ch. 304, Sec. 5.03, effective Jan. 1, 1992. Sec.252.0032. Contents of Appointment by Candidate. (a) In addition to the information required by Section 252.002, a campaign treasurer appointment by a candidate must include: (1) the candidate's telephone number;and (2} a statement, signed by the candidate,that the candidate is aware of the nepotism law, Chapter 573, Government Code. (b) A campaign treasurer appointment that is filed in a manner other than by use of an officially prescribed form is not invalid because it fails to comply with Subsection (a)(2) Added by Acts 1989, 71st Leg.,ch.2, Sec. 7.15(a), effective Aug 28, 1989. Amended by Acts 1993,. 73rd Leg., ch. 107, Sec. 3A.03, effective Aug. 30, 1993;Acts 1995, 74th Leg, ch. 76, Code of Ethics-Attachment"C Page 2 of 6 Sec. 5.95(26), effective Sept. 1, 1995;Acts 1997, 75th Leg., ch. 1134, Sec. 2, effective Sept 1, 1997. Sec.252.004. Designation of Oneself. An individual may appoint himself or herself as campaign treasurer. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987;Acts 1997, 75th Leg., ch. 864, Sec. 238, effective Sept. 1, 1997. Sec.252.005. Authority with Whom Appointment Filed: Candidate. An individual must file a campaign treasurer appointment for the individual's own candidacy with: (1) the commission, if the appointment is made for candidacy for: (A) a statewide office; (B) a district office filled by voters of more than one county; (C) state senator; (D)state representative; or (E) the State Board of Education; (2) the county clerk, if the appointment is made for candidacy for a county office,a precinct office, or a district office other than one included in Subdivision (1); (3) the clerk or secretary of the governing body of the political subdivision or, if the political subdivision has no clerk or secretary, with the governing body's presiding officer, if the appointment is made for candidacy for an office of a political subdivision other than a county; (4) the county clerk if: (A) the appointment is made for candidacy for an office of a political subdivision other than a county, (B) the governing body for the political subdivision has not been formed; and (C)no boundary of the political subdivision crosses a boundary of the county; or (5)the commission if; (A) the appointment is made for candidacy for an office of a political subdivision other than a county; (B)the governing body for the political subdivision has not been formed; and (C)the political subdivision is situated in more than one county. Amended by Acts 1987, 70th Leg., ch. 899,Sec. 1, effective Sept: 1, 1987;Acts 1993, 73rd Leg, ch. 107, Sec. 3.07, effective Aug. 30, 1993. - Code of Ethics-Attachment`C" Page3of6 • Sec.252.006. Authority With Whom Appointment Filed: Specific-Purpose Committee for Supporting or Opposing Candidate or Assisting Officeholder. A specific-purpose committee for supporting or opposing a candidate or assisting an officeholder must file its campaign treasurer appointment with the same authority as the appointment for candidacy for the office. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987. Sec.252.007. Authority With Whom Appointment Filed: Specific-Purpose Committee for Supporting or Opposing Measure. A specific-purpose committee for supporting or opposing a measure must file its campaign treasurer appointment with: (1) the commission, if the measure is to be submitted to voters of the entire state; (2) the county clerk, if the measure is to be submitted to voters-of a county single ordered by a county authority; 9 in an election (3) the secretary of the governing body of the political subdivision or, if the political subdivision has no secretary, with the governing body's presiding officer, if the measure is to be submitted at an election ordered by an authority of a political subdivision other than a county; (4) the county clerk if: (A) the measure concerns a political subdivision other than a county; (B) the governing body for the political subdivision has not been formed; and (C) no boundary of the political subdivision crosses a boundary of a county;or (5)the commission if: (A) the measure concerns a political subdivision other than a county; (B) the governing body for the political subdivision has not been formed;and (C)the political subdivision is situated in more than one county. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1,effective Sept. 1, 1987;Acts 1993, 73rd Leg, ch. 107, Sec. 3.08, effective Aug.30; 1993. Sec.252.008. Multiple Filings by Specific-Purpose Committee not Required. If under this chapter a specific-purpose committee is required to file its campaign treasurer appointment with more than one authority,the appointment need only be filed with the commission and, if so filed, need not be filed with the other authorities. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987;Acts_1993, 73rd Leg., ch. 107, Sea 3:09, effective Aug. 30, 1993. Code of Ethics-Attachment'0" Page 4 of 6 • Sec.252.009. Authority With Whom Appointment Filed: General-Purpose Committee. A general-purpose committee must file its campaign treasurer appointment with the commission. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987;Acts 1993, 73rd Leg., ch. 107, Sec. 3.10, effective Aug. 30, 1993. Sec.252.010. Transfer of Appointment. (a) If a candidate who has filed a campaign treasurer appointment decides to seek a different office that would require the appointment to be filed with another authority, a copy of the appointment certified by the authority with whom it was originally filed must be filed with the other authority in addition to the new campaign treasurer appointment. (b) The original appointment terminates on the filing of the copy with the appropriate authority or on the 10th day after the date the decision to seek a different office is made, whichever is earlier. Amended by Acts 1987, 70th Leg., ch.899, Sec. 1, effective Sept. 1, 1987. Sec.252.011. Time Appointment Takes Effect; Period of Effectiveness. (a) A campaign treasurer appointment takes effect at the time it is filed with the authority specified by this chapter. (b) A campaign treasurer appointment continues in effect until terminated. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987. Sec.252.012. Removal of Campaign Treasurer. (a) A campaign treasurer appointed under this chapter may be removed at any time by the appointing authority'by filing the written appointment of a successor in the same manner as the original appointment. (b) The appointment of a successor terminates the appointment of the campaign treasurer who is removed. (c) If the campaign treasurer of a specific-purpose political committee required to file its campaign treasurer appointment with the commission or of a general-purpose political committee is removed by the committee,the departing campaign treasurer shall immediately file written notification of the termination of appointment with the commission. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987;Acts 1993, 73rd Leg., ch. 107, Sec. 3.11, effective Aug. 30, 1993. • Code of Ethics-Attachment Page 5 of 6 Sec. 252.013. Termination of Appointment on Vacating Position. (a) If a campaign treasurer resigns or otherwise vacates the position, the appointment is terminated at the time the vacancy occurs. (b) A campaign treasurer who vacates the treasurer's position shall immediately notify the appointing authority in writing of the vacancy. (c) If the campaign treasurer of a specific-purpose political committee required to file its campaign treasurer appointment with the commission or of a general-purpose political committee resigns or otherwise vacates the position,the campaign treasurer shall immediately file written notification of the vacancy with the commission. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987;Acts 1993, 73rd Leg., ch. 107, Sec. 3.12, effective Aug. 30, 1993;Acts 1997, 75th Leg., ch. 864, Sec. 239, effective Sept. 1, 1997. • Sec. 252.014. Preservation of Filed Appointments. The authority with whom a campaign treasurer appointment is filed under this chapter shall preserve the appointment for two years after the date the appointment is terminated. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987. Sec. 252.015. Assistant Campaign Treasurer. (a) Each specific-purpose committee for supporting or opposing a candidate for an office specified by Section 252.005(1)or a statewide or district measure and each general- purpose committee may appoint an assistant campaign treasurer by written appointment filed with the commission. (b) In the campaign treasurer's absence,the assistant campaign treasurer has the same authority as a campaign treasurer: (c) Sections 252,011,252.012, 252.013, and 252.01.4,apply to the appointment and removal of an assistant campaign treasurer. Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, effective Sept. 1, 1987;Acts 1993, 73rd Leg., ch. 107, Sec. 3.13, effective Aug. 30, 1993 Code of Ethics-Attachment'C Page 6 of 6 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 27, 2006 Item Number: 7 Department: City Council (City Secretary's Use Only) Rachael Hermes for John Prepared By: Mondy, Mayor Account Code: Date Prepared: July 6, 2006 Budgeted Amount: Exhibits: One Subject Consider, and act upon, authorizing the City of Wylie to join other cities in proceedings involving coal generation before the Texas Commission on Environmental Quality. Recommendation Motion to (approve/disapprove) authorizing the City of Wylie to join other cities in proceedings involving coal generation before the Texas Commission on Environmental Quality. Discussion Attached hereto is an email from Mr. John Mondy, Mayor, including a memorandum from Ms. Laura Miller, Mayor, City of Dallas and White Paper, entitled"Coal Plants Briefing". Approved By Initial Date Department Director City Manager MBR 07/06/06 Page 1 of 1 Page 1 of 1 Mark Roath From: John Mondy [Mondyjs@msn.com] Sent: Thursday, July 06, 2006 3:45 PM To: Mark Roath Subject: Fw: URGENT REQUEST TO TEXAS MAYORS Attachments: Coal Plant White Paper.doc; oledata.mso; Coal Plants Miller Letter.doc; Coal Plants Miller Letter.doc Send this out to Council. Post it on the next agenda as a action itm to either support or not to suppport. jm Original Message From: Miller, Laura Sent: Thursday, July 06, 2006 1:28 PM Cc: Librio, Frank Subject: URGENT REQUEST TO TEXAS MAYORS 07/06/2006 To: URGENT REQUEST TO TEXAS MAYORS From: Dallas Mayor Laura Miller Re: Proposed new Texas coal plants Last Friday, Mayor Robert Cluck of Arlington held a meeting with a group of Texas mayors at UT-Arlington The purpose of the meeting was to organize a new group called Texas Cities for Climate Protection, with the help of a national group called ICLEI—Local Governments for Sustainability USA,based in California. We received presentations on global warming, Best Practices for cities on various environmental issues, and an issue overview from Richard Greene, Regional Director of the EPA. One urgent issue we discussed is the current request by seven different electric utility companies to build 17 coal-burning power plants in Texas. As you know, the Texas Commission on Environmental Quality(TCEQ) is currently reviewing the utility companies' permit requests to build these plants. The environmental consequence of building coal-burning plants has become a national issue. In Texas, according to environmental groups engaged in the issue, the 17 additional coal plants would add 30,000 tons of nitrogen oxides, over 115 million tons of CO(2), and nearly 4,000 pounds of toxic mercury each year. I have begun calling all of you on this email list to ask you to band together, as a group of concerned Texas cities, to intervene on this case before the TCEQ. There is one opportunity to do this, which will occur in the next 90 days when the TCEQ opens up the permit process for a second round of public comment. (The first round of public comment has already occurred, and while the City of Dallas provided comments to TCEQ about its concerns, we did not formally intervene in the case.) Formal intervention means providing the TCEQ with thoughtful alternatives, expert testimony, and sworn depositions of fact. This can be done, with the help of outside consultants who do this for a living, at an estimated cost of$300,000 to $500,000. It's important to stress here that WE ARE NOT ASKING THE STATE TO DENY THE PERMITS. We know that the utility companies need to provide more electricity for people, and we know that they need to build more power plants to do that. But there are companies outside Texas that are using more modern, cleaner technologies than coal- burning to do it. And we would simply like to research this thoroughly and present all the alternatives to the TCEQ for its consideration. (Coal gasification, for example, is the cleanest technology available and could cut emissions by 60-90 percent, yet in a December ruling the TCEQ said Texas utility companies do not have to consider this option.) What I am asking in this email is for your city to agree to participate in a formal intervention as a group. Our goal is to get 40 cities to act jointly as one intervener, with each city's participation level at $10,000 each to cover the cost. Mayor Bill White of Houston has agreed to spearhead this effort. The City of Dallas and the City of Houston will do the upfront legwork and organizational work, including the hiring of the consultants on behalf of the group. We anticipate that each city would pay the consultants directly, once we establish the total cost (an individual city's cost is capped at$10,000,but if more money is needed, we would appeal to the state's 10 largest cities for additional help). We would like to have the 40 cities (or more, which would bring down everyone's cost share) committed by the end of July(at the latest) so that we can move quickly should the TCEQ open up another comment period that would enable us to intervene. This is a complicated, sensitive topic, and we need to prepare. Attached is a short white paper summarizing the issue. It was prepared by the Dallas City Attorney's Office. Many of you I reached by phone today said you had City Council meetings next week, or the week after—please post an item for discussion on this topic, and get us an answer. Houston and Dallas are committed and ready to proceed. So far none of you has said no. We appreciate that. Most of the proposed coal plants are in East Texas. With established wind patterns, those emissions are headed straight for North Texas, especially the six counties around DFW. How can DFW, which is a significant non-attainment area,possibly clean up the air when 17 new coal-burning power plants are on the drawing board and the smoke headed our way? But this is not simply a North Texas/East Texas problem. Our air is your air. And as we now know from the significant climate changes we are seeing around the globe, we are all in this together. And our constituents are worried. At the worst, the TCEQ will approve the permits as submitted. But at least our voices would have been heard during this process, and with any luck, we might just get some of these plants upgraded to a cleaner technology. We will also be organized, statewide, for the first time on environmental issues—and ready to speak with one voice in the next battle, no matter where it is in Texas. Three facts to remember: • 17 of 124 coal-fired plants planned in the U.S. propose to use gasification (none in Texas) • In Texas, power plants emit more pollution than chemical and refining plants combined. • Texas power plants contribute a full 10 percent of the total mercury admissions in the U.S. (Mercury is a toxic heavy metal which can cause neurological damage, particularly in developing fetuses, infants, and children.) Let's band together and let our constituents know we are concerned about their health and welfare. Please email or call my Chief of Staff, Frank Librio, no later than July 31 and let us know if you are willing to join this first effort of the Texas Citizens for Climate Protection. frank.librio@dallascityhall.com or call 214-670-0773 Thank you. cfs Laura Miller Mayor Coal Plants Briefing: • The Texas Commission on Environmental Quality (TCEQ) reports that there are 17 coal burning power plants awaiting approval. Because these applications involve areas that already are in clean air attainment or unclassified areas, the TCEQ will provide a second comment period, during which cities can intervene as affected parties in the permitting process. Cities will have a chance to intervene in most of these proceedings in August or September at the earliest. • There are two main issues with the permit applications: o First, currently the applications are considered on an individual (versus a cumulative basis) under the TCEQ's interpretation of its own rules. Without a cumulative analysis, the TCEQ lacks the necessary information to assess the true impact of the plants on cities throughout Texas. Intervenors in the permitting process could attempt to convince the TCEQ to adopt standards that recognize the cumulative effect of multiple plants on air quality. o Second,the standard for Best Available Control Technology(BACT)is not clear. The BACT standard is what the applicant must satisfy to get the permit. Many groups and interested persons would like to have coal gasification considered as the BACT, however, the TCEQ has declined to require this technology for purposes of the BACT standard. While coal gasification may be cleaner, many of the applicants argue that it is not proven in their type of operations. Even if they are correct(and they may be), there may be other available technologies that these coal burning power plants could employ. However, because these technologies are often specific to the type of operation itself and the type of coal used in the particular plant, these are difficult to determine without an extensive evaluation by an expert in the coal plant process. Intervening cities could seek to have the TCEQ require the applicants to make those evaluations. • The cost of intervention can vary. It is necessary for a potential affected party to establish itself as such. If the affected party status is contested by the permit applicant, the potential affected party would likely have to refute the "affect" of the permit on their area using experts and modeling. This would likely cost $15,000 to $20,000. It is likely that some of the modeling could be used in contesting multiple permits in geographically similar regions. If the hearings become contentious, it is likely that intervention will cost approximately$300,000 to $500,000. • In addition to intervening in the permitting process, there is also the State Implementation Plan(SIP)process that can be used for addressing cities' clean air concerns. Specifically, in the Dallas-Fort Worth area, the North Texas Clean Air Steering Committee is working on developing the SIP for this region and involvement at the meetings and throughout the SIP development process is another way to voice the concerns of cities throughout Texas. These efforts are parallel to but independent of the permitting process. The DFW area has been unable to develop an effective plan to meet the new EPA 8-hour ozone standard by the 2010 deadline. These new plants could make it even more difficult to develop a workable plan. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 27, 2006 Item Number: Work Session (City Secretary's Use Only) Department: Prepared By: Mike Sferra Account Code: Date Prepared: June 16, 2006 Budgeted Amount: Exhibits: Subject Discussion on the City of Wylie's 120th Birthday Celebration. Recommendation Discussion The City's 120' anniversary will occur in October 2006. Staff at the WISD has indicated a willingness to coordinate activities with City staff and other partners to celebrate the event. If the City desires to mark the event with a celebration, logistical coordination including items such as selecting a date, time, and location, identifying funding sources, arranging partnerships, scheduling events and activities, and appointing a coordinating committee should begin as soon as possible. Possible activities include, but are not limited to, the following: a parade, an old-fashioned picnic in the park with participants wearing period dress and playing period games, fireworks, re-enactments of historic events, guest speakers, antique displays, time capsule dedication, running/walking/cycling events, arts and craft displays, etc. One possible approach to accomplish the event coordination activities is shown below: July • Decide committee participants/appoint committee members and committee chairperson. • Decide on venue(s) and desired activities. • Meet with potential volunteers and partners to determine degree of participation. o City of Wylie o WISD o Downtown Merchants Association o Rotary o Local Churches Page 1 of 2 Page 2 of 2 o Lions o Kiwanis o Chamber of Commerce o Others • Develop preliminary cost projections. August • Report back to governing bodies. • Arrange funding sources, contributions, donations, etc. September—October • Committee assigns areas of responsibility to specific individuals and/or groups. • Periodic reporting and communication to governing bodies. • Promotion and advertisement. • Conduct event activities. Approved By Initial Date Department Director City Manager MBR 07/06/06 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 27, 2006 Item Number: 8 Department: (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: June 16, 2006 Budgeted Amount: Exhibits: Subject Consider, and act upon, the City of Wylie's 120th Birthday Celebration. Recommendation Discussion The City's 120' anniversary will occur in October 2006. Staff at the WISD has indicated a willingness to coordinate activities with City staff and other partners to celebrate the event. If the City desires to mark the event with a celebration, logistical coordination including items such as selecting a date, time, and location, identifying funding sources, arranging partnerships, scheduling events and activities, and appointing a coordinating committee should begin as soon as possible. Possible activities include, but are not limited to, the following: a parade, an old-fashioned picnic in the park with participants wearing period dress and playing period games, fireworks, re-enactments of historic events, guest speakers, antique displays, time capsule dedication, running/walking/cycling events, arts and craft displays, etc. One possible approach to accomplish the event coordination activities is shown below: July • Decide committee participants/appoint committee members and committee chairperson. • Decide on venue(s) and desired activities. • Meet with potential volunteers and partners to determine degree of participation. o City of Wylie o WISD o Downtown Merchants Association o Rotary o Local Churches Page 1 of 2 Page 2 of 2 o Lions o Kiwanis o Chamber of Commerce o Others • Develop preliminary cost projections. August • Report back to governing bodies. • Arrange funding sources, contributions, donations, etc. September—October • Committee assigns areas of responsibility to specific individuals and/or groups. • Periodic reporting and communication to governing bodies. • Promotion and advertisement. • Conduct event activities. Approved By Initial Date Department Director City Manager MBR 07/06/06