11-20-2019 (WEDC) Agenda PacketRegular Meeting Agenda
WEDC Offices — Conference Room
250 South Highway 78 — Wylie, Texas
ToddWinners .................................................................................................................. President
DennxuiDawkins .....................................................................................................
Vice President
JohnYeuger--------------------------------------'Sccretuzy
GinoMuDiqi............... _--- ............ .................... ............ ___.............. ..............
.... Treasurer
MelisuWhitehead .......... ~__....... ~'~~~^............. ........ ^~~.~
Board Member
Mayor Eric Hogue ............. ~_^^-=...... ... .--- ."^~~...... ~.~~^=^=~^=_^~"_"^Ex-OfficiuMember
ChruBubted City Manager ........... ..,.............. ~.-~-..~..~~."~....... ^~... ^"=.Bx-Offiuio
Member
Samuel Satterwhite .... ..... ..~............ ,...... ~"~~.".^..~-._-^...... ~.,^=^=°.......
Executive Director
Jason Greiner ........... .~.~~.^^.......... ~"~~"_=."~..."....... -........................
Assistant Director
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, andposted on the City Website: wung
within the required timeframe.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZEN PARTICIPATION
Residents may address the WEDC Board regarding an item that is or is not listed on the agenda. Residents must
provide their name and address. The WEDC Board requests that comments be limited to three (3) minutes. In
addition. the WEDC Board is not allowed to converse deliberate or take action on an�) matter y
presented durinqcitizen
ACTION ITEMS
1. Consider and act upon approval of the October 16, 2019 Minutes of the WEDC Board of
Directors Meeting.
111. Consider and act upon issues surrounding a Use Restriction Agreement between the VVEDC
and SCSD-Finnell, Ltd.
DISCUSSION ITEMS
V Staff report: review issues surrounding WEDC Performance Agreement Summary, Hotel
Occupancy Tax, WB Real Estate Contract, TML Economic Development Conference,
WEDC—Agenda
November 20, 2019
Page 2 of 3
thoroughfare impact fees, environmental activity summary, Brown & 78 redevelopment
update, 544 Gateway redevelopment update, and regional housing starts.
VI. Discussion of issues to be placed on future WEDC Board Meeting agenda (no substantial
consideration/discussion allowed).
EXECUTIVE SESSION
If during the course of the meeting covered by this notice, the Wylie Economic Development
Corporation(WEDC) should determine that a closed or executive meeting or session of the WEDC
Board, or a consultation with the attorney for the City, should be held or is required, then such
closed or executive meeting or session or consultation with attorney as authorized by the Texas
Open Meetings Act, Texas Government Code§551.001 et. seq., will be held by the WEDC Board
at the date, hour, and place given in this notice as the WEDC Board may conveniently meet in
such closed or executive meeting or session or consult with the attorney for the City concerning
any and all subjects and for any and all purposes permitted by the Act, including, but not limited
to, the following sections and purposes:
Texas Government Code Sections:
§551.071 —Private consultation with an attorney for the City.
§551.072—Discussing purchase, exchange, lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
§551.087—Discussing certain economic development matters.
§551.073—Discussing prospective gift or donation to the City.
§551.076—Discussing deployment of security personnel or devices or security audit.
Section 551.072 (Real Estate) of the Local Government Code, Vernon's Texas Code Annotated
(Open Meetings Act). Consider the sale or acquisition of properties located at:
• State Highway 78 & F.M. 544
• State Highway 78 & Ballard
• Jackson& Oak
Section 551.087 (Economic Development) of the Local Government Code, Vernon's Texas Code
Annotated(Open Meetings Act). Deliberation regarding commercial or financial information that
the WEDC has received from a business prospect and to discuss the offer of incentives for:
• Project 2018-2a
• Project 2019-5b
• Project 2019-11a
• Project 2019-11b
• Project 2019-1 lc
• Project 2019-11d
WEDC—Agenda
November 20, 2019
Page 3 of 3
Section 551.074 (Personnel Matters) of the Local Government Code, Vernon's Texas Code
Annotated(Open Meetings Act).
Evaluation of WEDC Assistant Director
' CONVENE INTO OPEN MEETING
Take any action as a result from Executive Session
ADJ0111 MENT
CERTIFICATION
I cer0,that this Notice of Meeting was posted on this 151"day of November 2019 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted.
As a courtesy this agenda is also posted on the City of Wylie website: wwwwvlietexaq.gqv.
Stephanie Storm,City Secretary Date Notice Removed
Minutes
Wylie Economic Development Corporation
Board of Directors Meeting
Wednesday, October 16, 2019—7:30 A.M.
WEDC Offices—Conference Room
250 South Highway 78 —Wylie, Texas
CALL TOO ' I ER
Announce the presence of a Quorum
President Todd Wintters called the meeting to order at 7:32 a.m. Board Members present were
John Yeager, Demond Dawkins, and Gino Mulliqi.
City Manager Chris Hoisted was present.
WEDC staff present was Executive Director Sam Satterwhite, Assistant Director Jason Greiner,
and Senior Assistant Angel Wygant.
INVOCATION & PLEDGE OF ALLEGIANCE
President Wintters gave the invocation and led the Pledge of Allegiance.
CITIZEN PARTICIPATION
With no citizen participation, President Wintters moved to Action Items.
ACTION ITEMS
ITEM NO. 1 — Consider and act upon approval of the September 24, 2019 Minutes of the
Wylie Economic Development Corporation (WEDC) Board of Directors Meeting.
MOTION: A motion was made by John Yeager and seconded by Demond Dawkins to
approve the September 24, 2019 Minutes of the Wylie Economic
Development Corporation. The WEDC Board voted 4 — FOR and 0 —
AGAINST in favor of the motion.
ITEM NO. 2 — Consider and act upon approval of the September 2019 WEDC Treasurer's
Report.
Staff reviewed the Treasurers Report and called the Board's attention to the following highlights:
Sales Tax Receipts for October were $224,875 representing an increase of 6.73% over 2018
receipts. With just one month remaining in the Fiscal Year, Sales Tax receipts are 14%higher than
2018.
WEDC—Minutes
October 16, 2019
Page 2 of 5
Staff further pointed out that during the month of September the WEDC paid an incentive to DCU
in the amount of$10,645.77, spent $4,096 for environmental services associated with the City of
Wylie lot on Kirby, and commissioned a survey for ROW abandonment near State Highway 78 &
Brown Street in the amount of$3,500.
MOTION: A motion was made by John Yeager and seconded by Demond Dawkins to
approve the September 2019 Treasurer's Report for the Wylie Economic
Development Corporation. The WEDC Board voted 4 — FOR and 0 —
AGAINST in favor of the motion.
ITEM NO. 3 — Consider and act upon voiding a First Amendment to Performance Agreement
between the WEDC and Cross Development, LLC.
Staff reviewed with the Board that on June 6, 2019, the WEDC Board of Directors approved a
First Amendment to Performance Agreement which extended the deadline by which Cross had to
complete all Performance Measures from August 31, 2020 to December 31, 2020. The 120-day
extension was granted due to extreme rain delays but was contingent upon Council approval of an
identical extension to the City Chapter 380 Agreement.
On September 24, 2019 the Wylie City Council considered a 120-day extension for the Chapter
380 Agreement with Cross and decided that a 60-day extension was warranted.
So as to create a clear paper trail, staff is requesting that the previously approved First Amendment
to Performance Agreement between the WEDC and Cross Development, LLC be voided.
MOTION: A motion was made by Gino Mulliqi and seconded by John Yeager to void a
June 6, 2019 First Amendment to Performance Agreement between the
WEDC and Cross Development,LLC. The WEDC Board voted 4—FOR and
0—AGAINST in favor of the motion.
ITEM NO. 4 —Consider and act upon a First Amendment to a Performance Agreement between
the WEDC and Cross Development, LLC.
In order to be consistent with Council, staff recommended that the WEDC approve a First
Amendment to Performance Agreement that calls for a 60-day extension by which Cross
Development must complete their Performance Obligations as outlined in Section 2 of the
Performance Agreement. With the extension, Cross must now complete the terms of the
Agreement no later than October 31, 2020.
MOTION: A motion was made by Demond Dawkins and seconded by Gino Mulliqi to
approve a First Amendment to Performance Agreement between the WEDC
and Cross Development, LLC. The WEDC Board voted 4 — FOR and 0 —
AGAINST in favor of the motion.
WEDC—Minutes
October 16, 2019
Page 3 of 5
ITEM NO. 5 —Consider and act upon a Performance Agreement between the WEDC and North
Dallas Wylie Land Investors, LLC.
In August 2019, WEDC staff presented Project 2019-7a to the Board in Executive Session for
direction. After further analysis at the September 24th meeting, staff took the project to City
Council on September 24, 2019 for their consideration. In accordance with Resolution No. 2019-
17(R), the Wylie City Council authorized the WEDC to formalize negotiations with North Dallas
Wylie Land Investors, LLC and enter into a Performance Agreement with the same.
North Dallas Wylie requested assistance from the WEDC specifically addressing fee waiver and
infrastructure assistance associated with the construction of a new 8,000 square foot medical office
building adjacent to the Kroger-anchored Woodbridge Centre, more specifically 731 Woodbridge
Parkway in Wylie, Texas. North Dallas Wylie plans to invest no less than $2.3 million in the
project over the next 18 months. The Performance Agreement outlines an $120,000 incentive,
payable over a three-year period. The Board requested that the Performance Agreement specify
the business operator as Orthopedic Specialist of Dallas.
MOTION: A motion was made by Gino Mulliqi and seconded by Demond Dawkins to
approve a Performance Agreement between WEDC and North Dallas Wylie
Land Investors, LLC, amended to specify that the business will be operated
by Orthopedic Specialists of Dallas, providing for a maximum incentive of
$120,000, and further authorizing the WEDC Executive Director to execute
said Agreement. The WEDC Board voted 4 — FOR and 0 — AGAINST in
favor of the motion.
DISCUSSION ITEMS
ITEM NO. 6—Discussion of issues surrounding Thoroughfare Impact Fees
Staff informed the Board that on Tuesday, October 8th the Wylie City Council directed the City
Manager to draft an Ordinance amending water, sewer, and roadway impact fees associated with
new residential and commercial construction. Consideration of said Ordinance will take place on
either October 22nd or November 12th. Staff spoke at the Meeting and encouraged Council to
consider the financial impact on new development. The request was made based upon significant
increases to roadway impact fees.
Staff detailed for the Board that a quick analysis of the shopping center use increase alone have
the fees increasing between 134% and 494% depending on which side of town the new project
takes place.
Expanding the analysis further to other uses for Roadway Impact Fees only, the following
increases apply to project specific square footage:
WEDC —Minutes
October 16, 2019
Page 4 of 5
Existing Proposed Fee Percentage
Use Sq Ft Fee West Side East Side Increase
Medical Off. 8,000 $34,272 $75,899 $192,362 121%—461%
Restaurant 7,000 $37,716 $106,911 $270,962 183% - 618%
General Office 6,000 $10,728 $23,362 $59,210 118% - 452%
Fast Food 3,500 $45,710 $125,401 $317,824 174%— 595%
Shop. Center 10,000 $29,400 $68,916 $174,664 134% - 494%
Residential per dwelling $1,200 $2,715 $6,880 126% - 457%
The Board expressed concern that the proposed fee increases would deter or slow commercial
investment in the community and believed that Council would benefit from seeing calculations
based on recent projects. Staff was directed to prepare this analysis for presentation to Council
prior to finalization of the ordinance. The City Manager agreed to propose a work session to ensure
that Council was fully aware of any potential impact that might result from approving the proposed
fee schedule.
ITEM NO. 7 — Review issues surrounding WEDC Performance Agreement Summary, Hotel
Occupancy Tax, environmental activity summary, Brown & 78 redevelopment update, 544
Gateway redevelopment update, FM 544 waterline, and regional housing starts.
Staff updated the Board on WEDC projects and activities. Highlights include:
The final Woodbridge Crossing sales tax reimbursement payment was made in September and will
no longer be tracked and reported in the Staff Report. Woodbridge Centre increased 25%over the
2018 receipts for the same period.
Staff provided an update of property acquisitions associated with the Highway 78 & Brown Street
project with TxDOT, Collin County, KCS. 302 N. 2' Street property closed on October 9, 2019.
The City of Wylie went out for bid on the 1.6-acre property located at FM 544 and Kirby. One bid
was received which exceeded the appraised value, which is a requirement of the process.
Wylie permitted thirty-seven new homes in the month of September.
Demond Dawkins left at 8:54 a.m. and did not return.
WEDC—Minutes
October 16, 2019
Page 5 of 5
ITEM NO. 8 — Discussion of issues to be placed on a future WEDC Board Meeting agenda
(no substantial consideration/discussion allowed).
No Board Member requested that an item be placed on a future agenda.
EXECUTIVE SESSION
Recessed into Closed Session at 8:56 a.m. in compliance with Section 551.001, et. seq. Texas
Government Code, to wit:
Section 551.072 (Real Estate) of the Local Government Code, Vernon's Texas Code Annotated
(Open Meetings Act). Consider the sale or acquisition of properties located at:
• State Highway 78 & F.M. 544
• State Highway 78 & Cooper
• State Highway 78 & Ballard
• State Highway 78 & 5th
Section 551.087 (Economic Development) of the Local Government Code,Vernon's Texas Code
Annotated(Open Meetings Act). Deliberation regarding commercial or financial information that
the WEDC has received from a business prospect and to discuss the offer of incentives for:
• Project 2018-2a
• Project 2019-5b
RECONVENE INTO OPEN MEETING
Take any action as a result from Executive Session
The WEDC Board of Directors reconvened into open session at 9:07 a.m. and took no action.
ADJOU MENT
With no further business, President Wintters adjourned the WEDC Board meeting at 9:07 a.m.
Todd Wintters, President
ATTEST:
Samuel Satterwhite, Executive Director
ylie
Econo is 1 evelop ent Corporation
E O - A NU
TO: Sam Satterwhite, Executive Director
FROM: Angel Wygant, Senior Assistant
SUBJECT: October 2019 Treasurer's Report
DATE: November 6, 2019
Issue
Consider and act upon approval of the October 2019 WEDC Treasurer's Report.
Analysis
Sales Tax Receipts for November were $308,324 representing an increase of 12.86% over 2018
receipts. For the fiscal year receipts are up 13.95%.
From the Balance Sheet,page 1:
Deposits - $2,000. This amount reflects a$2,000 deposit paid for the current WEDC office.
Accounts Rec — Forgivable Loans - $140,000. This figure represents the loan made to Exco
Extrusion Dies in the amount of$350,000. The first 3 loan payments were forgiven on February
24th of 2017, 2018 and 2019 respectively in accordance with the terms of the Performance
Agreement. Assuming Exco remains in compliance, the remaining 2 loan payments will be
forgiven in equal amounts of$70,000 on an annual basis effective February 24th.
Deferred Outflows - $745,843.10. This is the total of incentive payments which are due in the
future. A breakdown of these charges includes: Exco Extrusion Dies — $20,000, DCU -
$19,488.80, DANK Real Estate - $83,000, Cross Development - $250,000, SCSD-Finnell -
$175,000, Carrie Elle - $2,500, Rocking M - $89,500, Taylor & Son - $104,500, Cardinal -
$106,800.
Balance Sheet,page 2:
Deferred Inflow - $78,000. This figure represents the Exco Extrusion Dies forgivable loan
which will be reduced by $39,000 annually over a 5-year period. The annual $39,000 amount
represents one fifth of the $195,000 gain that would have occurred if the loan forgiveness were
not in place ($350,000 - $155,000 = $195,000). The first three payments of $39,000 were
forgiven on February 2nd of 2017, 2018 and 2019 respectively, with two payments remaining.
WEDC October 2019 Treasurers Report
November 6, 2019
Page 2 of 2
Revenue and Expense Report,page 2:
Rental Income — $11,620. Wheels Unlimited - $1,435, Austin Said - $3,250, Heath - $4,100
Trimark - $1,035, Wylie Northeast- $1,000, Helical Concepts - $400, Ken Ross - $400.
Bank Note Proceeds - $187,658.20. ANB Draw Loan#9 for the purchase of 302 N. 2nd Street.
Revenue and Expense Report,page 3:
Food Supplies- $620.54. Manufacturing Day lunch supplies (100 meals).
Travel &"Training - $553.92. TEDC Board Meeting ($300), KCS Strategic Partners Conference
($253.92).
Land-$182,818.43. Purchase of 302 N. 2nd Street.
Recommendation
Staff recommends the WEDC Board of Directors approve the October 2019 Treasurer's Report.
Attachments
October 2019 Treasurer's Report
Wylie Economic Development Corporation
Statement of Net Position
As of October 31,2019
Assets
Cash and cash equivalents $ 825,707.14
Receivables $ 140,000.00 Note 1
Inventories $ 11,884,691.90
Prepaid Items $
Total Assets $ 12,850,399.04
Deferred Outflows of Resources
Pensions $ 101,121.55
Total deferred outflows of resources $ 101,121.55
Liabilities
Accounts Payable and other current liabilities $ 36,278.75
Unearned Revenue $ 79,200.00 Note 2
Non current liabilities:
Due within one year $ 329,467.68 Note 3
Due in more than one year $ 6,123,062.01 Note 4
Total Liabilities $ 6,568,008.44
Deferred Inflows of Resources
Pensions $ (30,407.41)
Total deferred inflows of resources $ (30,407.41)
Net Position
Net investment in capital assets $
Unrestricted $ 6,413,919.56
Total Net Position $ 6,413,919.56
Note 1: Includes incentives in the form of forgivable loans for$140,000
Note 2: Exco amortization;deposits from rental property
Note 3: Liabilities due within one year includes compensated absences of$14,237
Note 4: Includes$3,691,441.29 draw-down of the approved$4,500,000 loan from
American National Bank as of October 31,2019
11-15-2019 03:01 PM CITY OF WYLIE PAGE I
BALANCE SHEET
AS OF: OCTOBER 31ST, 2019
111-WYLIE ECONOMIC DEVEL CORP
ACCOUNT# TITLE
ASSETS
1000-10110 CLAIM ON CASH AND CASH EQUIV. 823,707.14
1000-10115 CASH - WEDC - INWOOD 0.00
1000-10135 ESCROW 0.00
1000-10180 DEPOSITS 2,000.00
1000-10198 OTHER - MISC CLEARING 0.00
1000-10341 TEXPOOL 0.00
1000-10343 LOGIC 0.00
1000-10481 INTEREST RECEIVABLE 0.00
1000-11511 ACCTS REC - MISC 0.00
1000-11517 ACCTS REC - SALES TAX 308,324.41
1000-12810 LEASE PAYMENTS RECEIVABLE 0.00
1000-12950 LOAN PROCEEDS RECEIVABLE 0,00
1000-12996 LOAN RECEIVABLE 0.00
1000-12997 ACCTS REC - JTM TECH 0.00
1000-12998 ACCTS NEC - FORGIVEABLE LOANS 140,000.00
1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00
1000-14116 INVENTORY - LAND & BUILDINGS 11,884,691.90
1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00
1000-14310 PREPAID EXPENSES - MISC 0.00
1000-14410 DEFERRED OUTFLOWS 745,843.10
13,904,566.55
TOTAL ASSETS 13,904,566.55
LIABILITIES
2000-20110 FEDERAL INCOME TAX PAYABLE 0.00
2000-20111 MEDICARE PAYABLE 0.00
2000-20112 CHILD SUPPORT PAYABLE 0.00
2000-20113 CREDIT UNION PAYABLE 0.00
2000-20114 IRS LEVY PAYABLE 0.00
2000-20115 NATIONWIDE DEFERRED COMP 0.00
2000-20116 HEALTH INCUR PAY-EMPLOYEE 0.92
2000-20117 TMRS PAYABLE 0.00
2000-20118 ROTH IRA PAYABLE 0.00
2000-20119 WORKERS COMP PAYABLE 0.00
2000-20120 FICA PAYABLE 0.00
2000-20121 TEC PAYABLE 0.00
2000-20122 STUDENT LOAN LEVY PAYABLE 0.00
2000-20123 ALIMONY PAYABLE 0.00
2000-20124 BANKRUPTCY PAYABLE 0.00
2000-20125 VALIC DEFERRED COMP 0.00
2000-20126 ICMA PAYABLE 0.00
2000-20127 EMP. LEGAL SERVICES PAYABLE 0.00
2000-20130 FLEXIBLE SPENDING ACCOUNT 391.66
2000-20131 EDWARD JONES DEFERRED COMP 0.00
2000-20132 EMP CARE ELITE 12.00
2000-20151 ACCRUED WAGES PAYABLE 0.00
2000-20180 ADDIT EMPLOYEE INSUR PAY 48.00
2000-20199 MISC PAYROLL PAYABLE 0.00
11-15-2019 03:01 PM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OF: OCTOBER 31ST, 2019
111-WYLIE ECONOMIC BEVEL CORP
ACCOUNT# TITLE
2000-20201 AP PENDING 35,826.17
2000-20210 ACCOUNTS PAYABLE 0.00
2000-20530 PROPERTY TAXES PAYABLE 0.00
2000-20540 NOTES PAYABLE 745,843.10
2000-20810 DUE TO GENERAL FUND 0.00
2000-22270 DEFERRED INFLOW 78,000.00
2000-22275 DEF INFLOW - LEASE PRINCIPAL 0.00
2000-22280 DEFERRED INFLOW - LEASE INT 0.00
2000-22915 RENTAL DEPOSITS 1,200.00
TOTAL LIABILITIES 861,321.85
EQUITY
3000-34110 FUND BALANCE - RESERVED 0.00
3000-34590 FUND BALANCE-UNRESERV/UNDESIG 12,906,052.22
TOTAL BEGINNING EQUITY 12,906,052.22
TOTAL REVENUE 200,056.07
TOTAL EXPENSES 62,863.59
REVENUE OVER/(UNDER) EXPENSES 137,192.48
TOTAL EQUITY & OVER/(UNDER) 13,043,244.70
TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 13,904,566.55
11-15-2019 03:01 PM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS OF: OCTOBER 31ST, 2019
922-GEN LONG TERM DEBT (WEDC)
ACCOUNT# TITLE
ASSETS
1000-10312 GOVERNMENT NOTES 0.00
1000-18110 LOAN - WEDC 0.00
1000-18120 LOAN - BIRMINGHAM 0.00
1000-18210 AMOUNT TO BE PROVIDED 0.00
1000-18220 BIRMINGHAM LOAN 0.00
1000-19050 DEF OUTFLOW TMRS CONTRIBUTIONS 35,543.29
1000-19051 DEF OUTFLOW SDBF CONTRIBUTIONS 543.00
1000-19075 DEF OUTFLOW - INVESTMENT EXP 0.48
1000-19100 DEF OUTFLOW - ACT EXP/ASSUMP 65,034,78
1000-19125 (GAIN)/LOSS ON ASSUMPTION CHG( 30,407.41)
70,714.14
TOTAL ASSETS 70,714.14
LIABILITIES
2000-20310 COMPENSATED ABSENCES PAYABLE 90,966.82
2000-20311 COMP ABSENCES PAYABLE-CURRENT 14,237,00
2000-21410 ACCRUED INTEREST PAYABLE 11,478.21
2000-28205 WEDC LOANS/CURRENT 303,752,47
2000-28220 BIRMINGHAM LOAN 0.00
2000-28230 INWOOD LOAN 0.00
2000-28232 ANB LOAN/EDGE 0.00
2000-28233 ANB LOAN/PEDDICORD WHITE 0.00
2000-28234 ANB LOAN/RANDACK HUGHES 0.00
2000-28235 ANB LOAN 0.00
2000-28236 ANB CONSTRUCTION LOAN 0.00
2000-28237 ANB LOAN/ WOODBRIDGE PARKWAY 96,900.17
2000-28238 ANB LOAN/DUCHANAN 0.00
2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00
2000-28240 HUGHES LOAN 0.00
2000-28242 AND LOAN/HWY 78:5TH ST REDEV 3,691,441,29
2000-28245 ANB LOAN/DALLAS WHIRLPOOL 1,863,204.17
2000-28247 JARRARD LOAN 202,935.09
2000-28250 CITY OF WYLIE LOAN 0.00
2000-28260 PRIME HUTS LOAN 0.00
2000-28270 BOWLAND/ANDERSON LOAN 0.00
2000-28280 CAPITAL ONE CAZAD LOAN 0.00
2000-28290 HOBART/COMMERCE LOAN 0.00
2000-29150 NET PENSION LIABILITY 1710108.17
2000-29151 SDBF LIABILITY 6,506.00
TOTAL LIABILITIES 6,452,529.69
11-15-2019 03:01 PM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OF: OCTOBER 31ST, 2019
922-GEN LONG TERM DEBT (WEDC)
ACCOUNT# TITLE
EQUITY ,.._. _ _....._.... .........,.,,._., _.....,
3000-34590 FUND BALANCE-UNRESERV/UNDESIG( •6,088,576.11)
3000-35900 UNRESTRICTED NET POSITION ( 120,264.00)
TOTAL BEGINNING EQUITY ( 6,208,840.11)
TOTAL REVENUE (: 187,941.76)
TOTAL EXPENSES i 14,966.32)
REVENUE OVER/(UNDER) EXPENSES ( 172,975,44)
TOTAL EQUITY & OVER/(UNDER) ( 6,381,815.55)
TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 70,714.14
11-15-2019 03:04 PM CITY OF WYLIE PAGE- 1
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: OCTOBER 31ST, 2019
111-WYLIE ECONOMIC DEVEL CORP
FINANCIAL SUMMARY
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
REVENUE SUMMARY
TAXES 2,948,400.00 0.00 0.00 0.00 000 2,948,400.00 0.00
INTERGOVERNMENTAL REV. 0.00 0.00 0,00 0.00 0,00 0.00 0.00
INTEREST INCOME 6,000.00 494.31 0.00 494.31 0.00 5,505.69 8.24
MISCELLANEOUS INCOME 1,937,266.00 11,620.00 0.00 11,620.00 0,00 1,925,646.00 0.60
OTHER FINANCING SOURCES °°°° 187'941°76 e-90 187'941'76 0.00 ( 187,941.76) 0.00
TOTAL REVENUES 4,891,666.00 200,056.07 0.00 200,056.07 0.00 4,691,609.93 4.09
EXPENDITURE SUMMARY
DEVELOPMENT CORP-WEDC 4,383,886.00 62,863.59 0.00 62,863.59 98,937.76 4,222,084.65 3.69
TOTAL EXPENDITURES 4,383,886.00 62,863.59 0.00 62,863.59 98,937.76 4,222,084.65 3.69
REVENUE OVER/(UNDER) EXPENDITURES 507,780.00 137,192.48 0.00 137,192.48 ( 98,937.76) 469,525.28 7.53
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rnr^^ T^xox 2'948'400�00 o�nn 0,00 o�on 0.00 z'v^o'«oo�oo 0.00
INTERGOVERNMENTAL REV.
4000-m510 mu mmmoMzc xcnuawnmrx 0�00 0�00 ~~~~0^'00 _ - 0�00 0^00 0.00 0`00
coxaL mrEmonvommmmwTAL mov. 0.00 o�oo u�no n'ov 0.00 0.00 0.00
INTEREST INCOME
4000'46050 coarzrzCAzo or oocoozr 0.00 o�no u�nn 0.00 o�vu 0.00 0�00
4000-46110 ^L^vCazuo zmrouonr oapwzwox 6,000.00 494�31 n vv «m.0 0.00 5'50s.e ^
4000-46140 roxcncL zuronoor 0.00 o�on 0,00 n�uo n�vo 0,00 *,no
4000-46143 ^onzr zmroauvr n�on n�vo o�oo 0.00 0.00 o�oo o.vv
4000-46150 rw`opooT oaaw,mon 0.00 u�on n�vu n�nn o�vo o�no 000
e00-46160 Lv^w nsp^xMEmc (ruzwczc^L) 0.00 v�oo u�oo v�nn 0.00 o�nv 0°00
^oon-«ozzo uamx ummox mamuur INTEREST 0.00 0.00 o�no _�0'00
ror^L rmroaosr zwwmn s'ovv.00 ^,^,»z n�on 494�31 u�no 5'505�69 8.24
MISCELLANEOUS INCOME
4000-48/10 pmwr^c z°cvmo /55'040.00 /1.620�00 0�00 11'620.00 0.00 'vs'ozo,on ,.^p
^ovo-^n»zv uoco"oax "azoa YEAR uxcaw 0.00 0.00 /u^oo 0.00 o�vn 0.00 0.00
«000 «o«/o mzxcu�^omonv, zm,omo n no o oo ^p nv o on v no n on n oo
- � - � . � � �
«000-on«so c^zm/(x000) onLo OF c^r « __-__��� _�� _��-J � __ ».og O�0 2,l�L���0& .=0�00
rorx^ mzxcn�m p w�vvn zmcm°m z' 37'2no.00 zz.oun�on n�vo 11'620.00 0.00 1'925'646,00 n�60
,r,on FINANCING SOURCES
4000-4*160 `p"morox FROM ummonuL rvmo 0.00 v�oo o�oo o�vo 0.00 u�on 0.00
4000-49325 n^mu worE ,nocnono o�nn zo`'o^'�ro n�vv 18/'941.76 0.00 / 187,.941.76) v�nv
4000-49550 Lo^cx rmzmrzr^L rv,mopr, (v v�vo o�oo o�uo o�oo 0.00 n�ov 0.00
4000-49600 zwmnavco annvromoo 0.00 , n�Vn � 0.00 «,«o __ 0�00 0.00 _-0,0u
TOTAL oreon rzm^mCzoo sovucox 0.00 187'941'76 0.00 187'941�76 0.00 /87'941�76) 0.00
_ ~
rvrn� movowmo� 4'891'666�00 zvn'vn^.v, o�on 200'056�o� 0.00 ^'m,'6nv�m 4.09
.
11-15-2019 03:04 PM CITY OF WYLIE PAGE: 3
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: OCTOBER 31ST, 2019
111-WYLIE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
PERSONNEL SERVICES
5611-51110 SALARIES 304,457.00 16,967.59 0.00 16,967.59 0,00 287,489.41 5.57
5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51140 LONGEVITY PAY 1,597.00 0.00 0.00 0.00 0.00 1,597.00 0.00
5611-51115 SICK LEAVE BUYBACK 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51110 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0,00 0.00 0.00
5611-51210 CAR ALLOWANCE 12,600.00 692.33 0.00 692.33 0.00 11,907.67 5.49
5611-51220 PHONE ALLOWANCE 4,656.00 1,164.00 0.00 1,164.00 0,00 3,492.00 25.00
5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51260 MOVING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51310 TMRS 48,052.00 2,663.12 0.00 2,663.12 0.00 45,388.88 5.54
5611-51410 HOSPITAL & LIFE INSURANCE 41,595.00 3,342.97 0.00 3,342.97 0,00 38,252.03 8.04
5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-51420 LONG-TERM DISABILITY 1,736.00 173.70 0.00 173.70 0=00 1,562.30 10.01
5611-51440 FICA 19,748.00 466.19 0.00 466.19 M° 19,281.81 2.36
5611-51450 MEDICARE 4,619.00 212.09 0.00 242.09 0,00 4,376.91 5.24
5611-51470 WORKERS COMP PREMIUM 415.00 299.14 0.00 299.14 0,00 115.86 72.08
5611-51480 UNEMPLOYMENT COMP (TWC) 810.00 0.00 0.00 0.00 000 810.00 0.00
TOTAL PERSONNEL SERVICES 440,285.00 26,011.13 0.00 26,011.13 0.00 414,273.87 5.91
SUPPLIES
5611-52010 OFFICE SUPPLIES 3,000.00 0.00 0.00 0.00 21.38 2,978.62 0.71
5611-52040 POSTAGE & FREIGHT 395,00 0.00 0.00 0.00 59.00 336.00 14.94
5611-52130 TOOLS/ EQUIP (NON-CAPITAI) 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-52610 FOOD SUPPLIES 2,100.00 620.54 0.00 620.54 2.00 1,477.46 29.64
5611-52990 OTHER 0.00 0.00 0.00 0.00 0,00 0.00 0.00
TOTAL SUPPLIES 5,495,00 620.54 0.00 620.54 82.38 4,792.08 12.79
MATERIALS FOR MAINTENANC
5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0,00 0.00 0.00 0.00
5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0,00
5611-54990 OTHER 5,000'00 °'" °•°° 0.00 °•°° 5.000.00 0.00
TOTAL MATERIALS FOR MAINTENANC 8,000.00 0.00 0.00 0.00 0.00 8,000.00 0.00
CONTRACTUAL SERVICES
5611-56030 INCENTIVES 551,291.00 0.00 0.00 0.00 67,492.64 483,798.36 12.24
5611-56040 SPECIAL SERVICES 120,871.00 0.00 0.00 0.00 12,491.89 108,379.11 10.33
5611-56080 ADVERTISING 137,600.00 0.00 0,00 0.00 166.50 137,433.50 0.12
5611-56090 COMMUNITY DEVELOPMENT 43,350.00 0.00 0,00 0.00 3,001.83 40,348.17 602
5611-56110 COMMUNICATIONS 9,376.00 179.77 0.00 179.77 342.34 8,853.89 5.57
5611-56180 RENTAL 29,328.00 2,250.00 0-00 2,250.00 2,444.00 24,634.00 16.01
5611-56210 TRAVEL & TRAINING 31,317.00 553.92 0.00 553.92 4,397.11 26,365.97 15.81
5611-56250 DUES & SUBSCRIPTIONS 19,567.00 0.00 6700 0.00 6,822.00 12,745.00 34.86
5611-56310 INSURANCE 4,310.00 0.00 0'" 0.00 0.00 4,310.00 0.00
5611-56510 AUDIT & LEGAL SERVICES 23,000.00 0.00 0,00 0.00 1,211.00 21,789.00 5.27
5611-56570 ENGINEERING/ARCHITECTURAL 15,000.00 0.00 0_00 0.00 0.00 15,000.00 0.00
5611-56610 UTILITIES-ELECTRIC 3,000.00 0.00 0,00 0.00 486 07. 2,513.93 16.20
TOTAL CONTRACTUAL SERVICES 988,010.00 2,983.69 0.00 2,983.69 98,855.38 886,170.93 10.31
11-15-2019 03:04 PM CITY OF WYLIE PAGE: 4
REVENUE AND EXPENSE REPORT - (UNAUDITED)
AS OF: OCTOBER 31ST, 2019
Ill-WYIJE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET S OF
BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET
, ---- --- ,
DEBT SERVICE & CAP. REPL
5611-57110 DEBT SERVICE 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-57410 PRINCIPAL PAYMENT 1,933,038.00 14,966.32 0.00 14,966.32 0.00 1,918,071.68 0.77
5611-57415 INTEREST EXPENSE 334,394.00 23,405.24 0.00 23,405.24 0.00 310,988.76 7.00
5611-57710 BAD DEBT EXPENSE 0.00 0.00 0 00 0 00 0 00 0.00 0.00
TOTAL DEBT SERVICE & CAP. REPL 2,267,432.00 38,371.56 0.00 38,371.56 0.00 2,229,060.44 1.69
CAPITAL OUTLAY
5611-58110 LAND-PURCHASE PRICE 100,164.00 182,818.43 0.00 182,818.43 0.00 ( 82,651.43) 182.52
5611-58120 DEVELOPMENT FEES 0.00 0.00 MO 0.00 0.00 0.00 0.00
5611-58150 LAND-BETTERMENTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58210 STREETS & ALLEYS 573,000.00 0.00 0.00 0.00 0.00 573,000.00 0.00
5611-58410 SANITARY SEWER 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58810 COMPUTER HARD/SOFTWARE 1,000.00 0.00 0.00 0.00 0.00 1,000.00 0.00
5611-58830 FURNITURE & FIXTURES 500.00 0.00 0.00 0.00 0.00 500.00 0.00
5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-58995 CONTRA CAPITAL OUTLAY 0.00 ( 187,941.76) 0.00 ( 187,941.76) 0 00. 187,941.76 0.00
TOTAL CAPITAL OUTLAY 674,664.00 ( 5,123.33) 0.00 ( 5,123.33) 0.00 679,787.33 0.76-
OTHER FINANCING (USES)
5611-59111 TRANSFER TO GENERAL FUND 0.00 0.00 0,00 0,00 0.00 0.00 0.00
5611-59190 TRANSFER TO THORUGHEARE IMP 0.00 0.00 0,00 0,00 0.00 0.00 0.00
5611-59430 TRANSFER TO CAPITAL PROJ FU 0.00 0.00 0.00 0.00 0.00 0.00 0.00
5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0,00 0.00 0.00 0.00
TOTAL OTHER FINANCING (USES) 0.00 0.00 0.00 0.00 0.00 0.00 0.00
TOTAL DEVELOPMENT CORP-WEDC 4,383,886.00 62,863.59 0.00 62,863.59 98,937.76 4,222,084.65 3.69
TOTAL EXPENDITURES 4,383,886.00 62,863.59 0.00 62,863.59 98,937.76 4,222,084.65 3.69
REVENUE OVER (UNDER) EXPENDITURES 507,780.00 137,192.48 0.00 137,192.48 ( 98,937.76) 469,525.28 7.53
"' FND OF REPORT ***
11-15-2019 3:07 PM DETAIL LISTING PAGE: 1
FUND 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: Oct-2019 THRU Oct-2019
DEPT : 611 DEVELOPMENT CORD--WEDC ACCOUNTS: 5611-52010 THRU 5611-58910
POST DATE TRAN # REFERENCE PACKET DESCRIPTION------- VEND INV4JE # NOTE AMOUNT-- =--BALANCE====
5611-52010 OFFICE SUPPLIES
BEGINNING BALANCE 0.00
5613.-52040 POSTAGE & FREIGHT
BEGINNING BALANCE 0.00
5611-52130 TOOLS/ EQUIP (NON-CAPITAL)
BEGINNING BALANCE 0.00
5611-52160 TOOLS/ EQUIP - $100-$999.99
BEGINNING BALANCE 0.00
5 61 1-52 810 FOOD SUPPLIES
BEGINNING BALANCE 0.00
10/29/19 10/29 A56235 DPI: 000949 18930 MANUF DAY SUPPLIES 000912 8277 OCT19 WYGANT 27.44 27.44
10/29/19 10/29 A56235 DFT: 000949 18930 MANUFACT DAY LUNCH 000912 8277 OCT19 WYGANT 593.10 620.54
OCTOBER ACTIVITY DB: 620.54 CR: 0.00 620.94
5 611--5 2 9 9 0 OTHER
BEGINNING BALANCE 0.00
5611--54630 TOOLS & EQUIPMENT
BEGINNING BALANCE 0.00
5611-5481.0 COMPUTER HARD/SOFTWARE
BEGINNING BALANCE 0.00
561.1.-54990 OTHER
BEGINNING BALANCE 0.00
5611-56030 INCENTIVES
BEGINNING BALANCE 0.00
5611-56040 SPECIAL SERVICES .�_....�,....�,...�_®�$
Wylie Economic Development Corporation
Balance Sheet Sub Ledger
October 31, 2019
Notes Payable
Date of Rate of Principal
Purchase Payment Beginning Bal. Add'I draws Principal Interest Interest Balance
October 1, 2019 5,985,245.24
ANBTX-88130976 WOODBRIDGE PKWY (#62 of 80) 8/15/14 13,267.93 251,320.68 12,721.31 546.62 2.61 238,599.37
ANBTX-88158357 DALLAS WHIRLPOOL(#35 of 60) 11/22/16 varies 2,000,000.00 0.00 6,666.67 4.00 2,000,000.00
JARRARD GRAYS AUTO(#34 OF 120) 12/1/16 3,109.15 230,437.84 2,245.01 864.14 4.50 228,192.83
ANBTX-88193982 ANB-BROWN&78(#10 OF 72)* 12/12/18 varies 3,503,499.53 187,941.76 0.00 15,327.81 5.25 3,691,441.29
October 31, 2019 $14,966.32 $23,405.24 $6,158,233.49
Wylie Economic Development Corporation
Inventory Subledger
October 31, 2019
Inventory -Land
Date of Pur. Address Acreage Improvements Cost Basis Sub-totals
Cooper McMasters 7/12/05 709 Cooper 0.48 0 n/a $202,045
Heath 12/28/05 706 Cooper 0.46 $32,005 3,625 186,934
Perry 9/13/06 707 Cooper 0.49 0 Demo 200,224
Bowland/Anderson 10/9/07 Cooper Dr. 0.37 0 n/a 106,419
KCS 8/1/08 Cooper Dr. 0.41 0 n/a 60,208
Duel Products 9/7/12 704 Cooper Dr. 0.50 0 n/a 127,452
Randack 10/23/12 711-713 Cooper Dr. 1.09 217,500 8,880 400,334
Lot 2R3 7/24/14 Cooper Dr. 0.95 0 n/a 29,056 $1,312,672
Industrial Ct. Ind Ct-Hwy 78 7/06-4/16 Ind Ct-Hwy 78 1.45 0 n/a 924,486
Jarrard 12/22/16 201 Industrial Ct 0.29 32,893 3,900 300,493 1,224,979
Regency Regency Pk. 6/4/10 25 Steel Road 0.65 0 n/a 25,171 25,171
Commerce Hobart Investments 11/12/13 Commerce 1.60 0 n/a 156,820
Hobart 1/6/14 605 Commerce 1.07 396,263 20,000 386,380
Dallas Whirlpools 11/22/16 900-908 Kirby 4.79 128,925 9,000 2,182,080 2,725,280
Downtown Heath 3/17/14 104 N. Jackson 0.17 0 Demo 220,034
Udoh 2/12/14 109 Marble 0.17 0 n/a 70,330
Peddicord 12/12/14 100 W. Oak St 0.35 155,984 4,444 486,032
City Lot 12/12/14 108/110 Jackson 0.35 0 n/a
Jones (K&M) 9/3/15 106 N. Birmingham 0.21 42,314 4,125 190,596
FBC Lot 6/15/16 111 N. Ballard St 0.20 0 n/a 150,964
FFA Village 1/7/18 102. N. Birmingham 0.17 35,390 910 99,804 1,217,760
Alanis White Property(Alanis) 12/12/14 Alanis 6.63 0 n/a 420,336 420,336
South Ballard Birmingham Trust 6/3/15 505 -607 S. Ballard 1.12 0 n/a 409,390
Murphy 3/7/19 701 S. Ballard 0.20 115,724 1,312 172,487
Braley 7/22/19 503 S. Ballard 0.26 50,762 840 177,398 759,275
Squire Gallagher 3/14/18 S uire-lot 2-4 2.67 100,404 6,000 573,844 573,844
Brown &78 Turner 12/5/18 504 E. Brown 1.02 84,077 1,180 308,180
Wallace 12/18/18 502 E. Brown 0.19 24,637 680 204,775
Karan 12/28/18 300 E. Brown 2.39 0 0 1,250,391
O'Donald 1/7/19 410 E. Brown 0.19 64,421 940 177,044
Weatherford 2/12/19 303 Marble 2.17 0 0 757,488
Brothers JV 2/26/19 306 &308 N. 2nd Stri 0.38 0 n/a 145,923
Pulliam 2/27/19 300 N. 2nd Street 0.26 122,764 1,364 218,472
Swayze 4/18/19 208 N. 2nd Street 0.26 73,313 1,860 187,501
Swayze 5/9/19 204 N. 2nd Street 0.26 121,781 2,033 187,658
Kreymer 10/9/19 302 N. 2nd Street 0.13 72,609 1,386 _ 187,942 3,625,374
Total 34.32 $1,871,766 72,479 $11,884,691 $11,884,691
*A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and not part of land value.
WEDC EXECUTIVE DIRECTOR
J P MorganChase
Expense Report
September 2019
DATE PAYEE AMOUNT PURPOSE INDIVIDUAL/GROUPS PRESENT
9/5/19 Frankies 36.34 Business Mtg WEDC, RP Real Estate
9/8/19 Club Corp 1,918.75 Invitational- Deposit n/a
9/10/19 Meteor Burger 134.52 Business Mtg WEDC, Prospect, KCS
9/16/19 Frankies 58.00 Business Mtg WEDC, Kreymer
9/17/19 Donut Palace 83.08 Wylie Christian Care Center n/a
9/24/19 Country Burger 34.29 Business Mtg WEDC, Prospect
9/27/19 Starbucks 7.79 Business Mtg, WEDC, Patel
9/28/19 Texas Rangers 31.75 Business Mtg WEDC, Edge
9/29/19 Whataburger 5.96 KCS Strategic Partners Confer Satterwhite
10/4/19 Club Corp 3837.50 Invitational Deposit n/a
06/02/19 Cytracom 179.77 Telephone Service n/a
TOTAL 6,327.75
WEDC Senior Assistant
JPMorgan Chase
Expense Report
September 2019
DATE VENDOR PURPOSE AMOUNT
9/5/19 Dallas Bus Journal Subscription Renewal 85.00
9/9/19 Southwest Airlines KCS Conference-Satterwhite 250.96.
9/20/19 Colonel Littleton_ Promotional Item 166.50
9/24/19 McDonalds WEDC Board Mtg. Meal 2.00
10/3/19 Walmart Manufacturers Day Luncheon 27.44
10/4/19 Chick-Fil-A Manufacturers Day Luncheon 593.10
Total 1,125.00
WEDC Assistant Director
JPMorgan Chase
Expense Report
September 2019
DATE VENDOR PURPOSE AMOUNT
9/13/19 Southwest Airlines KCS Strategic Conference Air-Greiner 262.96.
9/23/19 TEDC Webinar 79.00
9/30/19- 10/1/19 Uber KCS Strategic Conference Transportation -Greiner 71.63
10/2/19 Courtyard by Marriott KCS Strategic Conference Hotel-Greiner 224.24
10/4/19 TEDC Board Mtg. Registration 300.00
Total 937.83
WYLIE ECONOMIC DEVELOPMENT CORPORATION
SALES TAX REVENUE
FOR THE MONTH OF NOVEMBER 2019
MONTH WEDC WEDC WEDC WEDC DIFF % DIFF
2016 2017 2018 2019 18 VS 19 18 VS 19
DECEMBER $166,418 $197,808 $184,849 $214,867 $30,019 15.18%
JANUARY 163,463 196,347 191,896 223,750 31,854 16.60%
FEBRUARY 260,166 276,698 275,668 307,367 31,699 11.50%
MARCH 167,082 191,648 182,852 208,222 25,370 13.87%
APRIL 154,920 168,844 163,485 182,500 19,015 11.63%
MAY 238,646 244,816 203,707 274,299 70,592 34.65%
JUNE 180,194 191,732 199,412 234,174 34,762 17.43%
JULY 212,620 223,571 213,977 215,108 1,131 0.53%
AUGUST 268,976 261,573 249,590 283,603 34,013 13.63%
SEPTEMBER 197,339 210,974 213,426 243,048 29,623 13.88%
OCTOBER 201,506 195,549 210,702 224,875 14,174 6.73%
NOVEMBER 270,426 267,816 273,197 308,324 35,128 12.86%
Sub-Total $2,481,757 $2,627,376 $2,562,759 $2,920,137 $357,378 13.95%
AUDIT ADJ
TOTAL $2,481,757 $2,627,376 $2,562,759 $2,920,137 $357,378 13.95%
WEDC SALES TAX ANALYSIS
$350,000 I �u�. ._.._._ ..
$300,000 - - --
$250,000 -, _ -...-...-
$200,000 ••
$150,000 m _ ..F
$100,000
$50,000 I_ --
$0 ii
}- I Iiii
%iii 2 0 Z
ylie Econo ic P evelop ent Corporation
E 0 - A DU
TO: WEDC Board of Directors
FROM: Sam Satterwhite, Executive Direct
SUBJECT: SCSD-Finnell, Ltd.
DATE: November 14, 2019
Issue
Consider and act upon issues surrounding a Use Restriction Agreement between the WEDC and
SCSD-Finnell, Ltd.
Analysis
The WEDC entered into a Use Restriction Agreement with SCSD-Finnell, Ltd. to encourage the
development of restaurant uses at the then proposed 10,000 square foot multi-tenant center which
now houses Schlotzsky's Austin Eatery among others uses. The terms of the Agreement, as
attached, calls for Finnell to develop at least 5,300 square feet of space with restaurant uses.
Should Finnell fail to meet that requirement within 30 months of the effective date (6-21-18),
Finnell shall pay a penalty of$125,000 to the WEDC. To further comply with the Agreement,
Finnell must provide the WEDC with Compliance Documentation no less than six (6) months
following the issuance of the final Certificate of Occupancy which meets the cumulative square
footage requirement.
Finnell is developing a similar project in Wylie with the contract and financing closing on or
about April 15, 2020. Fish-N-Tails Oyster Bar will receive their Certificate of Occupancy from
the City of Wylie on or about December 2, 2019. Therefore, Finnell will comply with all terms
under the Use Restriction Agreement on or about June 2, 2020. With the Use Restriction
Agreement secured by a Performance Deed of Trust and Finnell pledging the Schlotzsky's
property as collateral for the new Wylie project, the WEDC's lien on the Schlotzsky's project
would be superior to Independent Bank's position which is financing the new Wylie project.
The WEDC put the six (6) month requirement in the Use Restriction Agreement to keep a
restaurant use from opening and closing almost immediately due to some unforeseen
circumstance. Staff is proposing that the WEDC Board of Directors authorize the WEDC
President to execute a Subordination Agreement on or about April 15, 2020 which would
subordinate the WEDC's interest to Independent Bank. Should all the above dates remain
constant, the Subordination would be executed approximately 6 weeks prior to the WEDC
WEDC —SCSD-Finnell, Ltd
November 4, 2019
Page 2 of 2
Termination of Use Restriction and Agreement as described within Section 4 of the Use
Restriction Agreement.
Recommendation
Staff recommends that the WEDC Board of Directors authorize the WEDC President to execute
a Subordination Agreement to Independent Bank for the benefit of SCSD-Finnell, Ltd.
Attachments
Use Restriction Agreement
Performance Deed of Trust
20180622000778150 06/22/2018 03:20:02 PM RG 1/8
AFTER RECORDING RETURN TO:
Wylie Economic Development Corporation
Attn:Sam Satterwhite
250 South Highway 78
Wylie,Texas 75098
USE RESTRICTION AGREEMENT
STATE OF TEXAS
COUNTY OF COLLIN §
This USE RESTRICTION AGREEMENT ("Agreement") is entered into as of the
7,1 day of June, 2018 (the "Effective Date"), by and between WYLIE ECONOMIC
DEVELOPMENT CORPORATION, a Texas non-profit corporation which is more
particularly described as a Texas corporation organized and existing under Chapter 501 of the
Texas Local Government Code,known as the Development Corporation Act, as amended from
time to time ("WEDC") and SCSD-FINNELL, LTD., a Texas limited partnership ("SCSD-
Finnell").
RECITALS:
A. WEDC and SCSD-Finnell entered into that certain Purchase and Sale Agreement
dated January 10, 2018, as amended by that certain First Amendment to Purchase and Sale
Agreement dated March 6, 2018 and that certain Second Amendment to Purchase and Sale
Agreement dated April 30, 2018 (collectively, the"Contract"), whereby WEDC to sell
and SCSD-Finnell agreed to buy that certain tract of real property in the City of Wylie, Collin
County,Texas,as more particularly described in the attached Exhibit A(the"Property")
B. The Contract requires the parties to execute a restriction document on or before
closing in order to restrict SCSD-Finnell's use of the Property in certain respects.
C. As part of the consideration for the sale and purchase of the Property, SCSD-
Finnell and WEDC have : ...I to impose certain use restrictions on the Property as hereinafter
described and made other agreements related thereto.
AGREEMENT:
NOW THEREFORE, for and in consideration of the premises herein stated and other
good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged
and confessed,WEDC and SCSD-Finnell hereby agree as follows:
1. Use Restriction. SCSD, together with its successors and assigns (hereinafter,
collectively"SC5D"), agrees that during the time periods set forth herein, not less than
fifty-three percent (53%) of the combined square footage of all building improvements
constructed on the Property shall be occupied by one or more Restaurants,as hereinafter
defined, which shall initially include a Schlotzsky's Austin Eatery or Schlotzsky's
Restaurant(the"Use Restrictien"). For purposes of this Agreement,"Restaurants"shall
be defined as facilities that prepare and sell food directly to consumers for immediate
USE RESTRICTION AGREEMEW PAGE 1
2424428 6
consumption and/or tenants requiring restaurant parking. The term "Res ts" does
not include facilities that provide food to int.. •.te conveyors, central kitchens or other
similar facilities that do not prepare and serve food directly to consumers.
2. Compliance and Documentation.
a. Within thirty(30)months after the Effective Date hereof;subject to force majeure
[as defined below] (the 'Initial Compliance Period"), SCSD shall provide to WEDC
documentation satisfactory to WEDC evidencing SCSD's compliance with the Use
Restriction,including certificates of occupancy for all building improvements constructed
on the Property(the'Initial Compliance Documentation") and upon receipt of the Initial
Compliance Documentation WEDC shall executed a recordable document (in a form
approved by SCSD) evidencing the compliance by SCSD as the owner of the Property
with the Use Restriction contained herein. Failure to provide the Initial Compliance
Documentation to WEDC prior to the expiration of the Initial Compliance Period or, if
later, fifteen business days after SCSD's receipt of written notice from WEDC outlining
any alleged violations,shall constitute a violation of the Use Restriction.
b. After issuance of the last of the applicable certificates of occupancy described
above (with the date of issuance of the last of the applicable certificates of occupancy
being described as "Last I.: ce Date"), SCSD shall ensure that the Property
continuously complies with the Use Restriction for not less than six (6)months after the
Last Issuance Date, subject to force majeure (the "Final Compliance Period"). Within
thirty(30) days after expiration of the Final Compliance Period, SCSD shall provide to
WEDC documentation reasonably satisfactory to WEDC evidencing that the Property
was continuously, subject to force majeure, compliant with the Use Restriction
throughout the Final Compliance Period(the"Final_Compliance DocumentatiOn"), with
all parties agreeing that the Final Compliance Documentation shall be the following: a
letter from the general partner of SCSD stating that the Property continuously complied
with the Use Restriction for not less than six (6) months after the Last Issuance Date,
subject to force majeure. Failure to provide the Final Compliance Documentation to
WEDC in the time and manner required hereunder or,if later, fifteen business days after
SCSD's receipt of written notice from WEDC outlining any alleged violation, shall
constitute a violation of the Use Restriction.
3. Enforcement and Amendment.
a. The Use Restriction set forth herein: (i)shall be considered a"covenant running
with the land"; and (ii)will bind SCSD, its successors and assigns, and all present and
future owners of all or part of the Property. In the event of a violation of the Use
Restriction prior to the expiration of the Final Compliance Period and the failure to cure
such violation within thirty days after receipt of written notice from WEDC, SCSD shall
pay to WEDC an amount equal to One Hundred Twenty-Five Thousand and No/100
Dollars($125,000.00) (the"Violafion Fee")within fifteen(15)days after such failure by
SCSD to cure such violation. Simultaneously with the execution and delivery of this
Agreement, SCSD shall also execute and deliver to WEDC a deed of trust, in a form
reasonably approved by WEDC,securing SCSD's obligation to pay the Violation Fee as
provided above (the"Peed of Trust"),which Deed of Trust may be recorded by WEDC
in the Real Property Records of Collin County, Texas and such Deed of Trust shall be
Us€RESTRICTION AGREEMENT-PAGE 2
2424428_6
recorded after the recording of any deed of trust executed as of the date hereof and shall
expressly state that the Deed of Trust is and will be subordinate to any third party
financing on the Property.
b. The Use Restriction encumbering the Property: (i)shall inure to the benefit of
and may be enforced by WEDC or WEDC's successors or assigns; and (ii)may be
modified only with the written consent of the parties hereto, or their successors or
assigns, which said written consent must be acknowledged and recorded in the Official
Public Records of Collin County,Texas.
4. T tion of Use Restriction and Aar- ent.
a. The Use Restriction and this Agreement will automatically terminate upon the
occurrence of(i)timely delivery of the Final Compliance Documentation and acceptance
and approval thereof by WEDC, or (ii) payment of the Violation Fee to WEDC in
accordance with this Agreement(each a"Termination Event").
b. Upon the occurrence of a Termination Event, WEDC shall execute a recordable
document in a form reasonably approved by SCSD whereby WEDC acknowledges that
this Agr ent and the Use Restriction contained herein are terminated and the date of
such termination(the "Memorandum of Termination"). The executed Memorandum of
Termination shall be recorded in the Real Property Records of Collin County, Texas
within thirty(30)days after the occurrence of the Termination Event.
5. Miscellaneous.
a. This Agreement contains the entire a:' ent of the parties with respect
to the matters contained herein and may not be modified or terminated except upon the
provisions hereof or by mutual written a i ent of the parties hereto.
b. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County,Texas.
c. This A ent shall be binding upon and inure to the benefit of the
parties hereto and their permitted successors and assigns.
d. The individuals executing this Agreement on behalf of the respective
parties below represent to each other and to the others that all appropriate and necessary
action has been taken to authorize the individual who is executing this A .,gt ant 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 a ent on the party for whom the individual is si,14. g this
ent 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 thereof WEDC hereby
warrants and represents to SCSD that WEDC has the authority to enter this • ent
and to perform all of the obligations contained herein.
e. Any notice required or permitted to be given under this Agreement shall
be deemed delivered by hand delivery or depositing the same in the United States mail,
USE RESTRICTION AGREEMENT-PAGE 3
24244286
certified with return receipt requested,postage prepaid,addressed to the appropriate party
at the following addresses,or at such other address as any party hereto might specify in
writing:
WEDC: Wylie Economic Development Corporation
Attention:Sam Satterwhite
250 South Highway 78
Wylie,TX 75098
With copy to: Abernathy,Roeder,Boyd and Hullett,P.C.
1700 R.,,ucl Blvd.,Suite 300
McKinney,Texas 75069
Attention: Mr.G.Randal Hullett
SCSD: SCSD-Firmell,Ltd.
1600 Corporate Court,Suite 150
Irving,Texas 75038
Attention:Cary Albert
With copy to: William Roth and Gwen M.Eisenstein
11551 Forest Central Drive,Suite 110
Dallas,Texas 75243
The parties hereto agree that any notices given by a party under this Agreement may be
given by that party's counsel on behalf of such party.
f. This Agreement is executed by the parties hereto without coercion or
duress and for substantial consideration,the sufficiency of which is forever confessed.
g. Force majeure is hereby defined as the following:If either Party is delayed
or prevented from performing any of its obligations under this Agreement(other than the
obligation to pay any sum of money)by reason of strikes,lockouts, labor troubles,work
stoppages, shortages of materials, transportation delays, failure of power, riots,
insurrections, war, acts of God,floods, storms,weather(hicluding delays due to rain or
wet ground), fire or other casualty, or any other cause beyond such Party's control, the
period of such event,plus the period of delay caused by such event,shall be deemed to be
added to the time period herein provided for the performance any such obligation by the
applicable Party.
h. WEDC agrees (i)not to impede SCSD in its efforts to comply with this
Agreement and (ii) not to take any action, which might affect SCSD's ability to comply
with,or perform,any of the terms of this A: ent.
i. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
USE ItssrucrioN AGREEMENT-PAGE 4
2424428_6
j. 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 any other provision thereof,and
this eat shall be ii as if such invalid,illegal or un,,forceable provision
had never been contained herein.
k. Each signatory . .:.ents this Agreement has been r-• by the party for
which this Agr-,..ent is executed and that such party has had an opportunity to confer
with its counsel.
1. Time is of the essence in this Agxeement
m. The parties agree this Agreement has been drafted jointly by the parties
and their legal eSentatiVeS.
[SIGNATURES APPEAR ON THE FOLLOWING PAGEI
Use Resreicium Acme/vim-PAce 5
2424428
EXECUTED to be EFFECTIVE the day and date first hereinabove set forth.
WEDC:
WYLIE ECONOMIC DEVELOPMENT CORPORATION,
a Texas non-profit ootpo ation
By:
Marvin Fuller,as President
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on June 14 , 2018, by
MARVIN FULLER, as President of WYLIE ECONOMIC DEVELOPMENT
CORPORATION,a Texas non-profit corporation,on behalf thereof.
- - . Notary Public,State of Texas
OtY P.,0 D.BARORIebai<
NOTARY nem
*I Jrits STATE OF TEXAS
ID#31013.06
MY Come Expires 0346-201P
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
USE RESTRICTION AGREEMENT-SIGNATURE PAGE(WEDC)
2424428
SCSD:
SCSD-EINNELL,LTD.,
a Texas limited partnership
By: SCSD-Firmell Mgrnt., LLC,
a Texas limited liability company
Its general partner
CarA , as Presuient
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on June , 2018, by CARY
ALBERT, President of SCSD-Firmell Mgmt., LLC, a Texas limited liability company, general
partner of SCSD-FINNELL, LTD.,a Texas limited p' rShicl,on be a it rept'.
NOTARY PI; C STATE OF TEXAS
„46-„„irs,t7,„:„8„ D BARON COOK
NOTARY PUBLIC
(*I '*1 strait OF TEXAS
\ ID a 3101306
My Comm Expires 03-28-2014
USE RESTRIC noN ACIREENIENT-SIGN%TORE PAGE(SCSD)
2424420
E< IBIT"A"
THE PROPERTY
LOT 4RB, ' :ILROAD INDUSTRIAL PARK ADDITION, LOTS 4RA AND 4RB, AN
ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY,TEXAS,ACCORDING TO THE
MAP OR PLAT THEREOF RECO' lED IN VOLUME 2018, PAGE 423, MAP RECORDS,
COLLIN COUNTY,TEXAS.
USE RESTRICTION AGREEMENT—EXHIBIT"A"
2424428
Filed and Recorded
Official Public Records
Stacey Kemp,County CIc3k
Collin County,TEXAS
06/22/2018 0320:02 PM
$54,00 BETH
20180622000778150
yers 1 me 20180622000778160 06/22/2018 03:20:02 PM DT 1/12
Law
ar4.1q1.3. 16-a--' 5
AFTER RECORDING RETUAN TO: I I II 11111111111M III I III
Wylie Economic Development Corporation Doc Rea ID: 3340214
Attn:Sam Satterwhite Pccount $: 8027613
Deed of Trust - Recorded
250 South Highway 78 Performance DOT
Wylie,Texas 75098 rimestamp: 7/21/2018 12:02 PM
"NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER."
PERFORMANCE DEED OF TRUST
STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
THAT SCSD-Finnell, Ltd., a Texas limited partnership, having an address of 1600
Corporate Court, Suite 150,Irving,Texas 75038 Attention: Cary Albert("Grantor) for and in
consideration of the obligations hereinafter described, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell and convey unto G. Randal Hulktt
("Trustee), whose mailing address is c/o Abernathy, Roeder, Boyd and Bullet*, P.C., 1700
Redbud Blvd.,Suite 300,McKinney,Texas 75069 and to his successors and assigns,forever,all
and singular the property hereinafter described and situated in Collin County,Texas:
(a) That certain tract of land (the "hopsily") described on Exhibit "A" attached
hereto and incorporated herein, subject to, however, those, but only those, exceptions
more specifically described on Exhibit"B"attached hereto and incorporated herein;
(b) All rights, titles, interests, estates, reversions and remainders now owned or
hereafter acquired by Grantor in and to the Property and in and to the other properties
covered hereby;and
(c) All improvements now or hereafter located on the Property(all of the foregoing
being collectively referred to as the"Mortgaged Property")
To have and to hold the Mortgaged Property unto Trustee and Trustee's successors and
assigns forever, and Grantor does hereby bind itself, its respective successors and assigns to
warrant and forever defend the title to the Mortgaged Property,or any part thereof,unto Trustee
and Trustee's successors and assigns,against all persons whomsoever claiming or to claim the
same or any part thereof.
I. Obits:11E1one aecured. This conveyance is made in trust, however, to secure
payment and performance of Grantor's obligations (collectively the "Obligations") set forth in
this Performance Deed of mist (this "Peed of Trust') and that certain Use Restriction
Agreement (the tion A eemenr) executed on June 2018,by and between
Grantor and Wylie Economic Development Corporation, a Texas non-profit corporation
Performance Deed of Trust Pagel
2476407_5
("WEDC"), having an address of 250 South Highway 78, Wylie,Texas 75098 ("Beneficiary").
The maximum amount of said Obligations shall equal the amount of the "Violation Fee," as
defined in the Use Restriction Agreement.
2. Covenants of Grantor. Grantor, jointly and severally, further covenants and
agrees with Beneficiary and Trustee as follows:
(a) Title to the Mortgaged Properiy. Grantor has in its own right good and
indefeasible title in fee simple to the Property and Grantor has full right and authority to
make this conveyance. Grantor agrees to preserve and maintain its legal existence and all
related rights, franchises and privileges. Grantor shall at all times comply with all
obligations under any applicable laws, statutes, regulations or ordinances relating to the
Mortgaged Property and Grantor's use and operation thereof. Grantor will make such
further reasonable assurances of title, at Grantor's expense, as may be necessary to
reasonably confirm to the Trustee Grantor's title to the Mortgaged Property.
(b) Taxes. Grantor will pay (prior to delinquency) all taxes and assessments
levied or assessed upon the Mortgaged Property, or the interest created therein by this
Deed of Trust including, without limitation, all taxes in lieu of ad valorem taxes, and
shall exhibit the receipts therefor to Beneficiary after receipt of at least thirty days' prior
written notice requesting same (unless such payments are made by Beneficiary as
hereinafter provided),and will defend the title and possession of the Mortgaged Property
to the end that this Deed of Trust shall be and remain a valid first lien on the Mortgaged
Property (subordinate only to the Other Approved Liens) until the Obligations are
performed. Grantor will pay all reasonable attomey's fees and expenses which may be
incurred by Beneficiary in enforcing the terms of this Deed of Trust or in any suit which
Beneficiary may become a party where this Deed of Trust or the Mortgaged Property is
in any manner involved, and all expenses incurred by Beneficiary in presenting a claim
against the estate of a decedent or a bankrupt. The word "assessments" as used in this
Deed of Trust,whether in this paragraph or elsewhere,shall include not only assessments
by political subdivisions, but also maintenance charges, regular assessments and special
assessments assessed by subdivision restrictions, homeowner's declarations for planned
unit developments and assessments by condominium agreements,if any.
(c) Instiranee. Grantor will keep all insurable Mortgaged Property insured for
the protection of Beneficiary against such hazards as are customarily insured against that
may affect property of a type similar to the Mortgaged Property. Evidence of such
insurance shall be delivered to Beneficiary after Grantor's receipt of at least thirty days'
prior written request. If evidence of renewal policies is not obtained by Grantor thirty
(30) days before the expiration of the existing policy or policies Beneficiary may, but is
not obligated to, after notifying Grantor in writing, obtain the required insurance on
behalf of Grantor (or insurance in favor of Beneficiary alone) and pay the premiums
thereon,All policies of insurance shall provide that such policies may not be terminated,
cancelled endorsed or amended unless the issuer thereof shall have given at least thirty
(30) days' prior written notice thereof to Beneficiary and that the proceeds thereof shall
be payable to Beneficiary (subject to the rights of the Prior Holder described below)
without contribution. Beneficiary shall be listed as an additional insured on all liability
policies applicable to the Mortgaged Property.In case of'loss,Beneficiary(subject to the
Performance Deed of Trust Page 2
2476407_5
rights of the Prior Holder) shall be entitled to receive and retain the proceeds of the
insurance policies (Less expenses of collection) and may, at Beneficiary's option, apply
the same toward payment or performance of the Obligations,whether due or not,or may
pay the same over wholly or in part to Grantor for the restoration of the Mortgaged
Property or for the payment or performance of the Obligations.
(d) c.ondition of the Premises. Grantor will not commit or permit any waste
on the Mortgaged Property and will neither do nor permit to be done anything to the
Mortgaged Property that may materially impair the value thereof. Any violations of
governmental codes will be corrected or contested within the time allotted by the
governmental agencies. Beneficiary shall have the reasonable right of entry upon the
Mortgaged Property at all reasonable times for the purpose of inspecting the same.
(e) Qthci,L,10 . Grantor and Beneficiary agree and acknowledge that the lien
created by this Deed of Trust and any liens (in equity or otherwise) that may exist
pursuant to the Use Restriction Agreement shall be subordinate to the lien of the Prior
Deed of Trust described below,and Beneficiary agrees to subordinate this lien only to the
Prior Deed of Trust, or renewals or extensions of such loan. In accordance with the
above, this Deed of Trust and the right, title, security interest and lien of Beneficiary in
and to the Mortgaged Property is hereby subordinated to the Deed of Trust from Grantor
to Daniel W. Brooks, as Trustee, for the benefit of Independent Bank ("Prior,Holder"),
dated June 21, 2018, and recorded in the Official Public Records, Collin County, Texas
("Prior Deed of Trust")and all other loan documents related thereto, (ii)the indebtedness
and obligations secured by the Prior Deed of Trust,and(iii)all of the right,title,security
interest and lien of the beneficiary of the Prior Deed of Trust in and to the Mortgaged
Property. The beneficiary of the Prior Deed of Trust is a third party beneficiary of this
Paragraph of this Deed of Trust and any amendment, waiver, modification, cancellation
or termination of this Paragraph of this Deed of Trust shall be inoperative, ineffective,
and null, void and of no force and effect without the prior written consent of the
beneficiary of the Prior Deed of Trust. )sr
3. Change in Ownership. Should the Mortgaged Property, or any part thereof,
become vested in a person or entity other than Grantor, Beneficiary may, without notice to
Grantor,deal with such successor or successors in interest with reference to this Deed of Trust in
the same manner as with Grantor without in any way vitiating or discharging Grantor's liability
hereunder.No sale of the Mortgaged Property and no forbearance on the part of Beneficiary and
no extension of the time for the payment or performance of the Obligations hereby secured shall
operate to release, discharge, modify, change, or affect the original liability of Grantor
hereunder.
4. Voluntary Bankruptcy. If Grantor shall(a)seek entry of an order for relief as a
debtor in a proceeding under the Bankruptcy Code, (b) seek, consent to or not contest the
appointment of a receiver,trustee,conservator or liquidator for itself or for all or any part of the
Mortgaged Property or any of its property,(e) file a petition seeking relief under the bankruptcy,
arrangement, reorganization or other debtor relief laws of the United States or any state or any
other competent jurisdiction or answer admitting the material allegations of a petition against
Grantor, (d) make a general assignment for the benefit of creditors, or (e) admit in writing
Grantor's inability to pay its debts as they mature, and should such petition, motion, assignment
Performance Deed of Trust Page 3
2476407_5
or admission not be dismissed or nullified within thirty(30)days following receipt by Grantor of
written notice from Beneficiary,the whole of the Obligations shall immediately become due and
payable at the option of Beneficiary, and Beneficiary may proceed with foreclosure as herein
provided.
5. Involuntary Bankruptcy. If(a)a petition is filed against Grantor seeking relief
under the bankruptcy, arrangement, reorganization or other debtor relief laws of the United
States or any state or other competent jurisdiction,or(b)a court of competent jurisdiction enters
an order, judgment or decree appointing, without the consent of Grantor, a receiver, trustee,
conservator or liquidator for Grantor or for all or any part of the Mortgaged Property, and such
petition shall not be dismissed within ninety (90)days following receipt by Grantor of written
notice from Beneficiary, then the whole of the Obligations shall immediately become due and
payable, at Beneficiary's option, and Beneficiary may proceed with foreclosure as herein
provided. ;e
6. Foreclosure and Sale. If there is a default in performance or payment of any
Obligation under the Use Restriction Agreement, this Deed of Trust or any other document or
instrument evidencing or securing the Obligations,or if Grantor shall fail to keep or perform any
of the covenants,conditions or stipulations contained herein and such default shall not be cured
within thirty(30) days following receipt by Grantor of notice of such default, then ail amounts
due under the Use Restriction Agreement and hereunder, together with all other sums secured
hereby, shall, at the option of Beneficiary, become at once due and payable and performable
without further demand or notice other than that demand or notice provided for in this paragraph, •
and it shall thereupon,or at any time thereafter while any part of the Obligations remain unpaid
or unperformed, be the duty of the Trustee, or his successor, as hereinafter provided, when
requested so to do by Beneficiary(which request shall be conclusively presumed)to sell or offer
for sale the Mortgaged Property and Personalty in such portions,order and parcels as Beneficiary
may determine,with or without having first taken possession of same,to the highest bidder for
cash at public auction. Such sale shall be made at the courthouse door of the county where the
Mortgaged Property are situated (or if the Mortgaged Property are situated in more than one
county,then the Mortgaged Property shall be sold at the courthouse door of any of such counties
as designated in the notices of sale provided for herein) on the first Tuesday of any month
between 10:00 AM.and 4:00 P.M.,but in no event later than three hours after the time specified 1"sv
in the notice hereinafter described(except if the first Tuesday of a month occurs on January l or
July 4, a public sale will be held between 10 a.m. and 4 p.m. on the first Wednesday of the
month). after advertising the time, place and terms of sale, by posting or causing to be posted ;,,;•
written or printed notices thereof for at least twenty-one(21)consecutive days preceding the date
of said sale both at the courthouse door of each county in which any portion of the Mortgaged
Property is situated or such other place as may be designated by the commissioners court of such
county, and with the County Clerk of each county in which any portion of the Mortgaged
Property is located,which shall be posted at the courthouse door and with the County Clerk by „•
the Trustee, or by any person acting for him, and by Beneficiary serving written notice of such
proposed sale on each debtor obligated to pay or perform the Obligations, at least twenty-one
(21)days preceding the date of such sale by certified mail on each party obligated to perform the
Obligations according to the records of Beneficiary and Grantor by the deposit of such notice in
the United States mail,postage prepaid and addressed to each debtor at each debtor's last known
address as shown by the records of Beneficiary, or by accomplishing all or any of the aforesaid ft
in such manner as may be permitted or required by Section 51.002 of the Texas Property Code
Performance Deed of Trust Page 4
2476407_5
(as now written or as hereafter amended or succeeded)relating to the sale of real estate and/or by
Chapter 9 of the Texas Business and Commerce Code, as amended, relating to the sale of
collateral after default by a debtor, or by any other present or subsequent laws. The affidavit of
any person having knowledge of the facts to the effect that such service was completed shall be
prima facie evidence of the fact of service.At any such sale:
(a) each instrument of conveyance executed by Trustee shall contain a special
warranty of title,binding upon Grantor;
(b) each and every recital contained in any instrument of conveyance made by
Trustee shall conclusively establish the truth and accuracy of the matters recited therein,
including, without limitation, nonpayment or nonperformance of Obligations evidenced
by the Use Restriction Agreement advertisement and conduct of such sale in the manner
provided herein and otherwise by law and the appointment of any successor Trustee
hereunder;
(c) the receipt of Trustee or of such other party making the sale shall be a
sufficient discharge to the purchaser for his purchase money and no such purchaser, or
his assigns or personal representatives, shall thereafter be obligated to see to the
application of such purchase money or be in any way answerable for any Loss,
misapplication or non-application thereof;
(d) Grantor shall be completely and irrevocably divested of all of Grantor's
right,title,interest claim and demand whatsoever,either at law or in equity in and to the
property sold and such sale shall be a perpetual bar both at law and in equity against
Grantor, and against any and all other persons claiming or to claim the property sold or
any part thereof by,through or under Grantor;and
(e) Beneficiary may be a purchaser at any such sale.
7. Application of Proceeds. Grantor authorizes and empowers the Trustee to sell
the Mortgaged Property, together, or in lots or parcels, as the Trustee shall deem expedient, and
to receive the proceeds of said sale which shall be applied as follows,in the following order:
(a) to all reasonable costs and expenses of taking possession of the Mortgaged
Property and of holding, using, leasing,maintaining,repairing, improving and selling the
same, including without limitation, reasonable trustee's fees, attorney's fees and costs of t
title evidence and court costs;
(b) to the payment of all amounts due hereunder, other than amounts due
under the Use Restriction Agreement:
(c) to the payment of any amounts due under the Use Restriction Agreement;
(d) to the payment of any indebtedness secured by a subordinate deed of trust
or security interest on the Mortgaged Property; and
(e) to Grantor.
Performance Deed of Trust Page 5
2476407 5
8 Prerequisites to Sale. In any conveyance given hereunder, all statements of
facts, or other recitals therein made as to the nonpayment of money secured, or as to the request
to Trustee to enforce this trust, or as to the proper and due appointment of any substitute trustee,
or as to the advertisement of sale, or time, place, and manner of sale, or as to any other
preliminary fact or thing,shall be taken in all courts of law or equity as prima facie evidence that
the facts so stated or recited are true.
9. Successor Trustee?. At the option of Beneficiary, with or without any reason, a
successor or substitute trustee may be appointed by Beneficiary without any formality other than
a designation in writing of a successor or substitute trustee(a copy of which shall be immediately
delivered to Grantor),who shall thereupon become vested with and succeed to all the powers and
duties given to the Trustee herein named, the same as if the successor or substitute trustee had
been named original Trustee herein; and such right to appoint a successor or substitute trustee
shall exist as often and whenever Beneficiary desires. If Beneficiary is a corporation, the
corporation may act through any authorized officer, or by any agent or attorney in fact properly
authorized by any such officer.
10. Divestment of Welts - Tenant at Sufferance. Any sale of the Mortgaged
Property under Paragraph 6 of this Deed of Trust shall,without further notice,create the relation
of landlord and tenant at sufferance between the purchaser and Grantor or any person holding
possession of the Mortgaged Property through Grantor, and upon failure of Grantor or such
person to surrender possession thereof immediately, such purchaser may, and he shall have the
right without further notice to Grantor, to go into any Justice Court having venue or in any other
court hereafter having venue and file an action in forcible entry and detainer, which action shall
lie against Grantor,Grantor's successor or assignee, as tenants at sufferance.
1 l. Purchase by Beneficiam Beneficiary shall have the right to become the
purchaser at all sales to enforce this trust, being the highest bidder, and to have the amount for
which such property is sold credited on the debt then owing.
12. Fees and Expenses. Upon a default by Grantor hereunder, Grantor will pay all
reasonable attorney's fees and all expenses which may be incurred by Beneficiary or Trustee,
where the Deed of Trust or the Mortgaged Property are in any manner involved including,
without limitation,all reasonable fees and all expenses incurred prior to full and final payment of
such Obligations relating to future advances, transfer of title to the premises and similar matters
not otherwise provided for herein.
13. SeverabilIty. If the lien of this Deed of Trust is invalid or unenforceable as to
any part of the debt, or if the lien is invalid or unenforceable as to any part of the Mortgaged
Property, the unsecured or partially secured portion of the debt shall be completely paid prior to
the payment of the remaining and secured or partially secured portion of the debt, and all
payments made on the debt, whether voluntary or under foreclosure,shall be considered to have
been first paid on and applied to the full payment of that portion of the debt which is not secured
or fully secured by the lien of this Deed of Trust.
I 4. No Waiver. Neither the exercise of, nor the failure to exercise, any option given
under the terms of this Deed of Trust shall be considered as a waiver of the right to exercise the
Performance Dccd of Trust Page 6
2476407_5
same, or any other option given herein, and the filing of a suit to foreclose this Deed of Trust,
either on any matured portion of the debt or for the whole debt, shall never be considered an
election so as to preclude foreclosure under the power of sale after a dismissal of the suit; nor
shall the filing of the necessary notices for foreclosure, as provided in this Deed of Trust,
preclude the prosecution of a later suit for foreclosure thereon.
15. si and General Application. Whenever used,the singular number shall
include the plural;the plural, the singular; the use of any gender shall include all genders. The
words "Grantor" and "Beneficiary" shall include their heirs, executors, administrators,
successors and assigns and the word "Trustee" shall include his successors and substitute
trustees. The paragraph and subparagraph entitlements hereof are inserted for convenience of
reference only and shall in no way affect, modify or define, or be used in construing the text of
such paragraph or subparagraph.
16. Intentionally Deleted..
17. Bieht to Contest Taxes. Grantor shall have the right to contest, at its expense,
any of the taxes and assessments levied or assessed upon the Mortgaged Property.
18. Notice. Any notice or communication required or permitted hereunder shall be in
writing and shall be sent either by (a) expedited delivery service with charges therefor billed to
shipper, or (b) United States Mail, postage prepaid, registered or certified mail, return receipt
requested,addressed to Grantor or Beneficiary,as the case may be,at the address set forth below
, or at such other address as Grantor or Beneficiary may have designated by notice to the other
given as provided above. Any notice or communication sent as hereinabove provided shall be
deemed given(i) upon receipt if personally delivered (provided that such delivery is confirmed
by the courier delivery service), (ii) on the first business day after the date of deposit in a post
office or other official depository under the care and custody of the United States Postal Service,
if sent by United States Mail,or(iii)on the date of delivery to any expedited delivery service.
Beneficiam Wylie Economic Development Corporation
Attention: Sam Satterwhite
250 South Highway 78
Wylie,TX 75098
With copy to: Abernathy,Roeder,Boyd and Hallett.P.C.
1700 Redbud Blvd.,Suite 300
McKinney,Texas 75069
Attention: Mr.G.Randal Hullett
Grantor: SCSD-Finnell,Ltd.
1600 Corporate Court,Suite 150
Irving,Texas 75038
Attention:Cary Albert
With caulci: Roth and Gwen M.Eisenstein
11551 Forest Central Drive,Suite 110
Dallas,Texas 75243
Performance Deed of Trust Page 7
2476407
19. Parties. If more than one person or entity is included within the term
"Beneficiary"or"Grantor", then all shall jointly execute and deliver a notice to Beneficiary or
Grantor, as applicable, designating a person at a specific address to receive all notices or other
communications permitted or required hereunder. All such notices or conununications given to
such designated person in the manner set forth in the immediately preceding paragraph shall be
binding on all persons and entities included within the terms "Grantor"or"Beneficiary", as the
case may be,to the same extent as if each person or entity included within the term"Grantor"or
"Beneficiary"had received such notice or communication.
20. Additional Acts. In addition to the acts recited herein and contemplated to be
performed and/or delivered by Grantor, Grantor hereby agrees, at any time, and from time to
time,to perform,execute and/or deliver to Beneficiary upon request,any and all such reasonable
further acts, additional instruments or further assurances as may be necessary or proper to (a)
promptly correct any defect,error or omission which may be discovered in this Deed of Trust or
any other document or instrument executed in connection herewith, and execute any and all
additional documents as may be reasonably requested by Beneficiary to correct such defect,error
or omission or to identify any additional properties which are or become subject to this Deed of
Trust;(b)create, perfect,preserve,maintain and protect the liens and security interests created or
intended to be created by this Deed of Trust or any other document or instrument securing the
Obligations; and (c) provide the rights and remedies to Beneficiary granted or provided for
herein or in the Use Restriction Agreement.
21. GOVERNING LAW. IN THE EVENT THE ENFORCEABILITY OR
VALIDITY OF ANY PROVISION OF THE USE RESTRICTION AGREEMENT,THIS DEED
OF TRUST OR ANY OTHER DOCUMENT EVIDENCING OR SECURING THE
INDEBTEDNESS IS CHALLENGED OR QUESTIONED, SUCH PROVISION SHALL BE
GOVERNED BY,AND SHALL BE CONSTRUED IN ACCORDANCE WITH, WHICHEVER
APPLICABLE FEDERAL OR TEXAS LAW WOULD UPHOLD OR WOULD ENFORCE
SUCH CHALLENGED OR QUESTIONED PROVISION.
22. Advances by Beneficiary. Beneficiary may, at Beneficiary's option, without
demand or notice and without waiver of any right,pay or discharge any lien or claim upon the
Mortgaged Property(other than the lien for the Prior Deed of Trust)or pay any delinquent tax or
assessment,and,upon such payment Beneficiary shall be subrogated respectively to the rights of
the holder of such lien or claim,or to the rights of the taxing authority. Beneficiary may advance
any unpaid insurance premiums, and whenever Grantor has failed properly to maintain the
Mortgaged Property, Beneficiary may make repairs necessary for the proper preservation of its
security. Grantor agrees to pay to Beneficiary, upon demand, any and all disbursements made
under the provisions of this Deed of Trust, and all such disbursements shall be payable at the
same place specified in the Use Restriction Agreement, and shall be secured by this Deed of
Trust. The rights of Beneficiary under this Paragraph 22 shall be in addition to all other rights
granted to Beneficiary under the Use Restriction Agreement or the other paragraphs of this Deed
of Trust.
23. Right to a Receiver. Beneficiary shall have the additional right, upon the
commencement of any action to enforce the lien hereby created, to have a receiver appointed by
the court in which such action is instituted to take possession of the Mortgaged Property and
Performance Deed of Trust Page 8
2476407_5
. . l
collect the rents,issues,income,proceeds and profits arising from the Mort!.:led Property. This
provision is a right created by this contract and is cumulative of, and is not to affect in any
manner the right given Beneficiary by law to the appointment of a receiver.
24. Set-I i or Counterclaims.Unless otherwise expressly authorized by the terms of
this Deed of Trust or the Use Restriction Agreement,all payments due under the Use Restriction
Agreement or any other obligations secured hereby shall be made without any set-off or
deduction whatsoever.
SCSD- I LL,LTD.,
a Texas limited partnership
By SCSD-Finnell Mgmt.,LLC,a Texas limited
liability company 't general partner
, .
ByL /0/
Cary Al Piesident
STATE OF TEXAS § /
§
COUNTY OF -0 1 § /
This instrument was acknowledged before me on ZeueL 21., , 2018, by CARY
ALBERT, as President of SCSD-Firmell Me it., LLC, a Texas limited liability company,
general partner of SCSD-F1NNELL,LTD.,a T - ' p:. o ershi ,on behalf thereof
BARON COOK
No ublic,State of Texas
1
i - NOTARY PUBLIC
STATE OF TEXAS v
My ID:31°11:484019
Performance Deed of Trust Page 9
24764075
EXHIBIT"A"
PROPERTY DESCRIPTION
LOT 4RB, • ILROAD INDUSTRIAL P ' IDITION, LOTS 4' AND 4 AN
ADDITION TO THE CITY OF WYLIE, COLLIN COUNTY,TE S,ACCO Ll°,10 TO THE
OR PLAT THEREOF RECORDED IN VOLUME 201g, PAGE 423, RECORDS,
COLLIN COUNTY,TEXAS.
44,
4
'44,4
Performance Deed of Trost Page 10
247640'7_5
E ;IT"B"
PE' ITTED EXCEPTIONS
(a) Restrictive covenants of record recorded in Volume 1786, Page 254 and Clerk's File No.
20170620000802090,Real Property Records,Collin County,Texas.
(b) Easement(s) and rights incidental thereto, . ted to Gulf Refining Company and Gulf
Oil Corporation, recorded September 4, 1936 in Volume 308, Page 110, Deed Records,
Collin County,Texas.
(e) Deed Without Warranty, dated May 5, 1992, executed by The Atchison, Topeka and
Santa Fe Railway Company, a Delaware corporation, recorded November 23, 1993,
under Clerk's File No. 93-0102440, Real Property Records, Collin County, Texas, as
affected by that Definition of Easement Area recorded in Volume 4942,Page 2964, Real
Property Records,Collin County,Texas.
(d) Deed Without Warranty, dated April 4, 1994, executed by The Atchison, Topeka and
Santa Fe Railway Company,a Delaware corporation, contained in instrument dated April
4, 1994, recorded October 26, 1994 under Clerk's File No, 94-0096329, Real Property
Records, Collin County, Texas as affected by Definition of Easement Area recorded in
Volume 4942,Page 2964,Real Property Records, Collin County,Texas.
(e) Matters contained in that certain document, entitled City of Wylie Ordinance No. 2016-
05, dated March 22, 2016, executed by the City of Wylie, recorded September 16,2016,
under Clerk's File No. 20160916001241540, Real Property Records, Collin County,
Texas, as shown on plat recorded in Volume 2017, Page 307, Map Records, Collin
County,Texas.
(f) Matters contained in that certain document,entitled Easement Agreement with Covenants
and Restrictions, dated June 19, 2017, executed by WYLIE ECONOMIC
DEVELOPMENT CORPORATION, a Texas economic development corporation and
CHICK-F1L-A, INC., a Georgia corporation, recorded June 20,2017, under Clerk's File
No.20170620000802090, Real Property Records,Collin County,Texas.
(g) Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident
thereto,contained in instrument dated May 31, 1974, recorded June 13, 1974 in Volume
918,Page 519, Deed Records, Collin County,Texas.
(h) Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident
thereto, contained in that certain instrument dated February 15, 1984, recorded March 1,
1984 in Volume 1838, Page 528,Real Property Records,Collin County,Texas.
Performance Deed of Trust Page I t
2476407 5
(i) Building lines and easement(s) for the purpose(s) shown below and rights incidental
thereto as delineated or as offered for dedication,on the map of said tract/plat, recorded
in Volume 2018,Page 423,Map Records,Collin County,Texas.
1. 24'Fire Lane Access,Utility Easement
2. Variable width Utility Easement along the eastern boundary line
3. 7.5'Utility Easement along the eastern boundary line
4. 10'Waterline Easement along the eastern and southern boundary line =,
5. 10'Dnepr Electric Delivery Co.LLC Easement along the northern boundary line
6. 7.5 of 15'Utility Easements along the eastern boundary line.
Performauee Deed of Trust Page 12
24764075
Filed and Recorded
Official Public Records
- Stacey Kemp,Counly-Cienk
Collin County,TEXAS
06/22/2018 03.20.02 PM
S70.00 BETH
20180622800778160
ylie cono ic 0 eve1 op ent Cor oration
E
ORANDU
TO: WEDC Board of Directors
FROM: Sam Satterwhite, Executive Director
SUBJECT: WEDC By-Laws
DATE: November 15, 2019
Issue
Review and discussion of issues pertaining to WEDC Bylaws.
Analysis
The Wylie City Council has directed City staff to develop an Ordinance which limits the number
of consecutive terms a Board/Commission member can serve to two consecutive terms. The
issue is important to Council due to the overwhelming public interest to serve and the limited
number of positions. The Ordinance, as currently drafted, which restricts the number of
consecutive terms that can be served does not apply to the WEDC or the 4B Parks and
Recreation Board as they are governed by separate Bylaws (as attached).
Staff does believe however that the WEDC Board should be aware of Council direction on the
matter and at a minimum discuss the pros and cons of term limits for the WEDC Board.
Currently, Board Members can serve an unlimited number of consecutive terms so long as
Council reappoints the individual with an expiring term (Section 4.06).
Other issues within the Bylaws which have come up in discussion for potential change are that
Qualifications may be too vague (Section 4.02 - c) and potentially relaxing Board residency
requirements (Section 4.02 - 1 & 2).
Should the Board be interested in amending any Section with the existing Bylaws, City Council
approval will be required.
Recommendation
Staff has no recommendation as this Item is for discussion only.
FIRST AMENDED BYLAWS
OF
WYLIE ECONOMIC DEVELOPMENT CORPORATION
A NON-PROFIT CORPORATION
WYLIE, TEXAS
SECTION I
OFFICES
1.01 Registered Office and Registered Agent
The Corporation shall have and continuously maintain in the State of Texas a registered
Office, and a registered agent whose Office is identical with such registered Office, as required
by the Texas Non-Profit Corporation Act. The Board of Directors may, from time to time,
change the registered agent and/or the address of the registered office,provided that such change
is appropriately reflected in these Bylaws and in the Articles of Incorporation.
The registered office of the Corporation is located at, 108 W. Marble, Wylie, Texas
75098, and at such address is the Corporation, whose mailing address is P.O. Box 1467, Wylie,
Texas 75098. The registered agent of the Corporation shall be the President of the Corporation.
1.02 Principal Office
The principal office of the Corporation in the State of Texas shall be located in the City
of Wylie, County of Collin, and it may be,but need not be, identical with the registered office of
the Corporation.
SECTION II
PURPOSES
2.01 Purposes
The Corporation is a non-profit corporation specifically governed by Section 4A of
Tex.Rev.Civ.Stat.art. 5190.6, as amended from time to time, (the "Texas Development
Corporation Act of 1979"). The purpose of the Wylie Economic Development Corporation,is to
promote and develop industrial and manufacturing enterprises to promote and encourage
employment and the public welfare, in accordance with the Articles of Incorporation.
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SECTION III
ME I:ERS
3.01 Members
The Corporation shall have no members.
SECTION IV
BO ' P OF DIRECTORS
4.01 Board of Directors
The business and affairs of the Corporation and all corporate powers shall be exercised by
or under authority of the Board of Directors (the "Board"), appointed by the governing body of
the City of Wylie, and subject to applicable limitations imposed by the Texas Non-Profit
Corporation Act, the Development Corporation Act of 1979, the Articles of Incorporation, and
these Bylaws. The Board may, by contract, resolution, or otherwise, give general or limited or
special power and authority to the officers and employees of the Corporation to transact the
general business or any special business of the Corporation, and may give powers of attorney to
agents of the Corporation to transact any special business requiring such authorization.
The Board may plan and direct its work through a Director of Economic Development,
who will be charged with the responsibility of carrying out the Corporation's program as adopted
and planned by the Board. The Board may contract with another entity for the services of a
director.
4,02 Number and Qualificitious
The authorized number of Directors of this Board shall be five(5).
The Directors of the Corporation shall be appointed by and serve at the pleasure of the
Wylie City Council. The number of Directors shall be five(5). Each Director shall meet at least
one(1)of the following qualifications:
(a) serve, or have served, as Chief Executive Officer of a company; or
(b) serve, or have served, in a position of executive management of a company; or
(c) serve, or have served,in a professional capacity.
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in addition to the above qualifications:
(1) each Director must have lived in the City Limits or operated a business in
the City Limits for a minimum of one (1) year; and
(2) each Director must live in the City Limits during the tenure of office.
The City Council shall consider an individual's experience, accomplishments, and
educational background in appointing members to the Board to ensure that the interests and
concerns of all segments of the community are considered. The Board may make
recommendations of individuals to the council for appointment to the Board.
4, 3 Biands and Insurance
(1) The corporation shall all provide a General Liability Policy, including Board
Members, and a Public Officials Liability Policy for Board Members of not less than one million
dollars ($1,000,000). The corporation shall also provide a Fidelity Bond covering all employees
and Board Members of not less than one hundred thousand dollars ($100,000.00). The bonds
and insurance referred to in this section shall be considered for the faithful accounting of all
moneys and things of value coming into the hands of the offices. The bonds and insurance shall
be obtained from accredited, surety, and insurance companies authorized to do business in the
State of Texas.
(2) All premiums for the liability insurance and fidelity bonds will be maintained and
funded at the total expense of the corporation. Copies of bonds and insurance policies shall be
filed with the City Secretary, and furnished to the corporation and Board Members.
4.04 General Duties of the Board
1, The Board shall develop an overall economic development plan for the City
which shall include and set forth intermittent and/or short term goals which the Board deems
necessary to accomplish compliance with its overall economic development plan. Such plan
shall be approved by the City Council of the City of Wylie. The overall development plan
developed by the Board shall be one that includes the following elements:
a. An economic development strategy to permanently bolster the business
climate throughout the city.
b. Strategies to fully utilize the assets of the city which enhance economic
development.
C. Identification of strategies to coordinate public, private, military and
academic resources to develop and enhance business opportunities for all
citizens of Wylie. This plan shall include methods to improve
communication and cooperation between the above mentioned entities.
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d. Assurance of accountability of all tax moneys expended for the
implementation of the overall economic development plan.
e. Identification of strategies and provide for implementation of identified
strategies for direct economic development as defined in this Section.
f. An annual work plan outlining the activities, tasks, projects and programs
to be undertaken by the Board during the upcoming fiscal year.
g. To assist the Board in the implementation of the overall economic
development plan, the Board may seek out and employ a Director of
Economic Development, The Director of Economic Development shall be
responsible to the Board and shall act as the Board's chief administrative
officer and shall assist the Board in carrying out the duties of the Board as
set forth in this section. The Board shall, in the annual budget, make
provisions for the Compensation to be paid to the Director of
Economic Development and such compensation so established by the
Board shall comprise the salary and benefits paid to the Director of
Economic Development for his/her services
h. The Director of Economic Development shall be hired by the Board and
may be removed by a vote of 3 members of the Board.
2. The Board shall review and update its overall economic development plan from
time to time to ensure that said plan is up to date with the current economic climate and is
capable of meeting Wylie's current economic development needs.
3. The Board shall expend,in accordance with State law,the tax funds received by it
on direct economic development where such expenditures will have a direct benefit to the
citizens of Wylie.
As used in the article "direct economic development" shall mean the expenditure
of such tax funds for programs that directly accomplish or aid in the accomplishment of creating
identifiable new jobs or retaining identifiable existing jobs including job training and/or planning
and research activities necessary to promote said job creation. The Corporation's focus will be
primarily in the areas of:
a. Business retention and expansion
b. Business attraction
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4. The Wylie Economic Development Corporation shall make reports to the City
Council of the City of Wylie. The Wylie Economic Development Corporation shall discharge
this requirement by reporting to the City Council in the following manner:
a. The Wylie Economic Development Corporation shall make a detailed
report to the City Council once each year. Such report shall include, but
not be limited to,the following:
1. A review of all expenditures made by the Board in connection with
their activities involving direct economic development as defined
in this article, together with a report of all other expenditures made
by the Board.
2, A review of the accomplishments of the Board in the area of direct
economic development.
3. The policies and strategy followed by the Board in relation to
direct economic development together with any proposed changes
in such activities.
4. A review of the activities of the Board in areas of endeavor other
than direct economic development together with any proposed
changes in such activities.
5. The annual required report shall be made to the City Council no
later than January 31 of each year.
6. The annual report shall be considered by the City Council for its
review and acceptance.
b. The Board shall be regularly accountable to the City Council for all
activities undertaken by them or on their behalf, and shall report on all
activities of the Board, whether discharged directly by the Board or by any
person, firm, corporation, agency, association or other entity on behalf of
the Board. This report shall be made by the Board to the City Council
semi-annually with the first report being made each succeeding six (6)
months. The semi-annual report shall include the following:
1. Accomplishments to date as compared with the overall plan or
strategy for direct economic development.
2. Anticipated short term challenges during the next semi-annual
reporting period together with recommendations to meet such short
term challenges.
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3. Long term issues to be dealt with over the succeeding twelve-
month period or longer period of time, together with
recommendations to meet such issues with emphasis to be placed
on direct economic development.
4. A recap of all budgeted expenditures to date, together with a recap
of budgeted funds left unexpended and any commitment made on
said unexpended funds.
4.05 Implied Duties
The Development Corporation of Wylie, Inc. is authorized to do that which the Board
deems desirable to accomplish any of the purposes or duties set out or alluded to in Section 4.04
of these Bylaws and in accordance with State law.
4.06 Tenure
The initial terms of office for the Directors shall be two (2) Directors with three (3) year
terms, two (2) Directors with two (2) year terms, and one (1) Director with a one (1) year term,
as designated by the Mayor and City Council. After the initial term of office, the Directors shall
serve for three(3)years,and Directors may serve for an unlimited number of consecutive terms.
4.07 ectin s. °
The Board shall attempt to meet at least once each month within the city of Wylie, at a
place and time to be determined by the President. All meetings of the Board shall provide notice
thereof as provided and as required by the Texas Open Meetings Act. Any member of the Board
may request that an item be placed on the agenda by delivering the same in writing to the
secretary of the Board prior to the posting of the notice required by the Texas Open Meetings
Act. The President of the Board shall set regular meeting dates and times at the beginning of
his/her term. Special Meetings may be called by any member of the Board in accordance with
the provisions of the Texas Open Meetings Act.
The notice shall contain information regarding the particular time, date, and location of
the meeting and the agenda to be considered. All meetings shall be conducted in accordance
with the Texas Open Meetings Act.
The annual meeting of the Board of Directors shall be held in January of each year.
The Board may retain the services of a recording secretary if required.
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• 1
Regular attendance of the Board meetings is required of all Members. The following
number of absences may require replacement of a member: three (3) consecutive absences, or
attendance reflecting absences constituting 50% of the meetings over a 12-month period. In the
event replacement is indicated, the member will be counseled by the President and, subsequently,
the President shall submit in writing to the City Secretary the need to replace the Board member
in question. Any vacancy on the Board shall be filled by appointment by the City Council of a
new member or members meeting the qualifications set out in Section 4.02 above.
4,10 Quorum
A majority of the entire membership of the Board of Directors shall constitute a quorum
and shall be required to convene a meeting. If there is an insufficient number of Directors
present to convene the meeting,the presiding officer shall adjourn the meeting.
4.1 I Compensation
The duly appointed members of the Board shall serve without compensation, but shall be
reimbursed for actual or commensurate cost of travel, lodging and incidental expense while on
official business of the Board in accordance with State law.
4.12 Voting;Action of the Board of Directors
Directors must be present in order to vote at any meeting. Unless otherwise provided in
these Bylaws or in the Articles of Incorporation or as required by law, the act of a simple
majority present shall be the act of the Board of Directors. In the event that a Director is aware
of a conflict of interest or potential conflict of interest, with regard to any particular vote, the
Director shall bring the same to the attention of the meeting and shall abstain from the vote,
unless the Board determines that no conflict of interest exists. Any Director may bring to the
attention of the meeting any apparent conflict of interest or potential conflict of interest of any
other Director, in which case the Board shall determine whether a true conflict of interest exists
before any vote shall be taken regarding that particular matter. The Director as to whom a
question of interest has been raised shall refrain from voting with regard to the determination as
to whether a true conflict exists.
4.13 Board's Relationship with Cikv Council
In accordance with State law, the City Council shall require that the Wylie Economic
Development Corporation be responsible to it for the proper discharge of its duties assigned in
this article. The Board shall determine its policies and direction within the limitations of the
duties herein imposed by applicable laws, the Articles of Incorporation, these Bylaws, contracts
entered into with the City, and budget and fiduciary responsibilities.
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4,14 Board's Relationship with Administrative Departments of the City
Any request for services made to the administrative departments of the City shall be made
by the Board of its designee in writing to the City Manager. The City Manager may approve
such request for assistance from the Board when he finds such requested services are available
within the administrative departments of the City and that the Board has agreed to reimburse the
administrative depot Intent's budget for the costs of such services so provided.
SECTION V
OFFICERS
5.01 Officers of the Cou .
The elected officers of the Corporation shall be a President, Vice President, Secretary,
and Treasurer. The Board may resolve to elect one or more Assistant Secretaries or one or more
Assistant Treasurers as it may consider desirable. Such officers shall have the authority and
perform the duties of the office as the Board may from time to time prescribe or as the Secretary
or Treasurer may from time to time delegate to his or her respective Assistant. Any two (2) or
more offices may be held by the same person, except the offices of President and Secretary.
5.02 Selection of Officers
The President and Vice President shall be elected by the Board and shall serve a term of
one (1) year. On the expiration of the term of office of the President and Vice President, the
Board shall select from among its Members individuals to hold such office. The teim of office of
the President and Vice President shall always be for a period of one year; provided,however,that
the President and Vice President continue to serve until the election of their successors.
The Secretary and Treasurer shall be selected by the members of the Board and shall hold
office for a period of one (1) year; provided, however, that they shall continue to serve until the
election of their successors. Elections shall be held at the annual meeting of the Board.
Any officer meeting the qualifications of these Bylaws may be elected to succeed himself
or to assume any other office of the Corporation.
5,03 Vacancie,i
Vacancies in any office which occur by reason of death, resignation, disqualification,
removal, or otherwise, shall be filled by the Board of Directors for the unexpired portion of the
term of that office in the same manner as other officers are elected to office.
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5,04 President
The President shall be the presiding officer of the Board with the following authority:
1. Shall preside over all meetings of the Board.
2. Shall have the right to vote on all matters coming before the Board.
3. Shall have the authority, upon notice to the members of the Board, to call
a special meeting of the Board when in his judgment such meeting is
required.
4. Shall have the authority to appoint standing committees to aid and assist
the Board in its business undertakings of other matters incidental to the
operation and functions of the Board.
5. Shall have the authority to appoint ad hoc committees which may address
issues of a temporary nature or concern or which have a temporary affect
on the business of the Board.
In addition to the above mentioned duties, the President shall sign with the Secretary of
the Board any deed, mortgage, bonds, contracts, or other instruments which the Board of
Directors has approved and unless the execution of said document has been expressly delegated
to some other officer or agent of the Corporation by appropriate Board resolution, by a specific
provision of these Bylaws, or by statute. In general, the President shall perform all duties
incident to the office, and such other duties as shall be prescribed from time to time by the Board
of Directors.
5.05 Vice President
In the absence of the President, or in the event of his or her inability to act, the Vice
President shall perform the duties of the President. When so acting, the Vice President shall have
all power of and be subject to all the same restrictions as upon the President. The Vice President
shall also perform other duties as from time to time may be assigned to him or her by the
President.
5.06 Secretary
The Secretary shall keep or cause to be kept, at the registered office a record of the minutes of all
meetings of the Board and of any committees of the Board. The Secretary shall also file a copy
of said Minutes with the City and the same to be given, in accordance with the provisions of
these Bylaws, or as required by the Texas Open Meetings Act or the Texas Open Records Act or
other applicable law. The Secretary shall be custodian of the corporate records and seal of the
Corporation, and shall keep a register of the mailing address and street address, if different, of
each director.
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5.07 Treasurer
The Treasurer shall be bonded for the faithful discharge of his/her duties with such surety
or sureties and in such sum as the Board of Directors shall determine by Board resolution, but in
no event shall the amount of such bond be less than an amount equal to the average of the sums
which the Treasurer has access to and the ability to convert during a twelve (12)month period of
time. The Treasurer shall have charge and custody of and be responsible for all funds and
securities of the Corporation, The Treasurer-shall receive and give receipt for money due and
payable to the Corporation from any source whatsoever, and shall deposit all such moneys in the
name of the Corporation in such bank, trust corporation, and/or other depositories as shall be
specified in accordance with Article VII of these Bylaws. The treasurer shall, in general,perform
all the duties incident to that office, and such other duties as from time to time assigned to him
by the President of the Board.
5,08 Assistant Secretaries and Assistant Treasurers
The Assistant Secretaries and Assistant Treasurers,if any, shall in general,perform such
duties as may be assigned to them by the Secretary or the Treasurer,or by the President of the
Board of Directors.
5 09 Director Of Economic Development
The Corporation may employ a Director of Economic Development. The Director of
Economic Development shall serve as the Chief Executive Officer of the Corporation and shall
oversee all administrative functions of the Corporation. The Director shall develop policies and
procedures for the Corporation including financial, accounting, and purchasing policies and
procedures to be approved by the Board and City Council.
5,10 Other 5mploveos
The Corporation may employ such full or part-time employees as needed to carry out the
programs of the Corporation.
5,11_Contra
The Corporation may, contract with any qualified and appropriate person, association,
corporation or governmental entity to perform and discharge designated tasks which will aid or
assist the Board in the performance of its duties. However, no such contract shall ever be
approved or entered into which seeks or attempts to divest the Board of Directors of its discretion
and policy-making functions in discharging the duties herein above set forth in this section.
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SECTION VI
CO I TTEES
6.01 Qualifications for Committee Membership
Members of committees shall be appointed by the President, and approved by the Board.
Committee members need not be members of the Wylie Economic Development Corporation
unless required by these Bylaws or Board resolution.
6.02 Standing Committees
The President shall have authority to appoint the following standing committees of the
Board and such other committees as the Board may deem appropriate in the future:
1. Budget, Finance and Audit Committee: This committee shall have the responsibility of
working with the Director, or the contractual entity performing as Director as the case may be, hi
the formation and promotion of the annual budget of the Board. The Committee shall present
such budget to the Board and, upon approval, shall present, in accordance with these Bylaws,
said budget to the City Council. In addition to the preparation of the budget,the committee shall
keep the Board advised in such matters. The Committee shall further have the responsibility to
oversee and work with auditors of the City or outside auditors when audits of the Board are being
performed.
2. Committee for Business Retention and Expansion: This committee shall work with the
Director of Economic Development and shall keep the Board informed of all development and
activities concerning business retention and expansion.
3. Committee for New Business Attraction and Recruitment: This committee shall work
with the Director of Economic Development and shall keep the Board informed of all
developments and activities concerning business attraction and recruitment.
6.03 Special Co • ttees
The President may determine from time to time that other committees are necessary or
appropriate to assist the Board of Directors, and shall designate, subject to Board approval, the
members of the respective committees.
No such committee shall have independent authority to act for or instead of the Board of
Directors with regard to the following matters: amending, altering, or repealing the Bylaws;
electing, appointing, or removing any member of arty such committee or any Director or Officer
of the Corporation; amending the Articles of Incorporation; adopting a plan of merger or
adopting a plan of consolidation with another corporation; authorizing the sale, lease, exchange,
or mortgage of all or substantially all of the property and assets of the Corporation; authorizing
the voluntary dissolution of the Corporation or revoking the proceedings thereof; adopting a plan
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for the distribution of the assets of the Corporation; or amending, altering, or repealing any
resolution of the Board of Directors which by its terms provides that it shall not be amended,
altered, or repealed by such committee.
The designation and appointment of any such committee and delegation to that
committee of authority shall not operate to relieve the Board of Directors, or any individual
Director, of any responsibility imposed on it or on him/her by law or these Bylaws.
60 Term of Committee Member*
Each member of a committee shall continue as such until the next appointment of the
Board of Directors and until his or her successor on the committee is appointed, unless the
committee shall be sooner terminated or unless such member has ceased to serve on the Board of
Directors,or unless such member be removed from such committee.
Any committee member may be removed from committee membership by the President,
with Board approval,whenever in their judgment the best interests of the Corporation would be
served by such removal.
Vacancies in the membership of any committee may be filled in the same manner as
provided with regard to the original appointments to that committee.
6.6 Ex-Officio Members
The City Manager or his designee and the Mayor or his designee may attend all meetings
of the Board of Directors or Committees. These representatives shall not have the power to vote
in the meetings they attend. Their attendance shall be for the purpose of ensuring that
information about the meeting is accurately communicated to the City Council and to satisfy the
City Council obligation to control the powers of the Corporation.
SECTION VII
FINANCIAL ADMINISTRATION
The Corporation may contract with the City for financial and accounting services. The
Corporation's financing and accounting records shall be maintained according to the following
guidelines:
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7,01 Fiscal Year
The fiscal year of Corporation shall begin on October 1 and end on September 30 of the
following year.
7.02 Budget
A budget for the forthcoming fiscal year shall be submitted to, and approved by, the
Board of Directors and the City Council of the City of Wylie. In submitting the budget to the
City Council, the Board of Directors shall submit the budget on forms prescribed by the City
Manager and in accordance with the annual budget preparation schedule as set forth by the City
Manager. The budget shall be submitted to the City Manager for inclusion in the annual budget
presentation to the City Council.
7.03 Contracts
As provided in Article V above, the President and Secretary shall execute any contracts or
other instruments which the Board has approved and authorized to be executed, provided,
however, that the Board may by appropriate resolution authorize any other officer or officers or
any other agent or agents, including the Director of Economic Development, to enter into
contracts or execute and deliver any instrument in the name and on behalf of the Corporation.
Such authority may be confined to specific instances or defined in general terms. When
appropriate, the Board may grant a specific or general power of attorney to carry out some action
on behalf of the Board, provided, however that no such power of attorney may be granted unless
an appropriate resolution of the Board authorizes the same to be done.
7,04 Checks and Drafts
All checks, drafts, or orders for the payment of money, notes, or other evidences of
indebtedness issued in the name of the Corporation shall be signed or bear the facsimile of the
President or the Treasurer, or such other person as designated by the Board.
7.05 Deposits
All funds of the Wylie Economic Development Corporation shall be deposited on a
regular basis to the credit of the Corporation in a local bank which shall be federally insured.
7.06 Gifts
The Wylie Economic Development Corporation may accept on behalf of the Corporation
any contribution, gift, bequest, or devise for the general purposes or for any special purpose of
the Corporation.
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7,07 Purehas`
All purchases made and contracts executed by the Corporation shall be made in
accordance with the requirements of the Texas Constitution and statutes of the State of Texas.
7,08 Investment
Temporary and idle funds which are not needed for immediate obligations of the
Corporation may be invested in any legal manner provided in Tex.Rev.Civ,Stat.Ann.Art. 842a-2
(Public Funds Investment Act).
7.09,Boncls
Any bonds issued by the Corporation shall be in accordance with the statute governing
this corporation but in any event, no bonds shall be issued without approval of the City Council
after review and comment by the city's bond counsel arid financial advisor.
7.10 Uncommitted Funds
Any uncommitted funds of the Corporation at the end of the fiscal year shall be
considered a part of the Fund Balance.
The Undesignated Fund Balance may be committed for any legal purpose provided the
Corporation's Board of Directors and the City Council both approve such commitment. This
may include the establishment of a Permanent Reserve Fund which shall be accumulated for the
purpose of using the interest earnings of such fund to finance the operation of the Corporation.
SECTION VIII
BOOKS AND RECORDS
8.01 Books and Records
The Corporation shall keep correct and complete books and records of all actions of the
Corporation, including books and records of account and the minutes of meeting of the Board of
Directors and of any committee having any authority of the Board and to the City Council. All
books and records of the Corporation may be inspected by Directors of the Corporation or his/her
agent or attorney at any reasonable time; and any information which may be designated as public
information by law shall be open to public inspection at any reasonable time. The Texas Open
Records Act and Open Meetings Act shall apply to disclosure of public information. The Board
of Directors shall provide for an annual financial audit to be performed by a competent
independent audit firm.
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&02 Monthly Reports
The Corporation shall provide the City Council monthly summaries of proposed dispersal
of funds for anticipated projects, and funds that are dispersed over$50,000.00.
SECTION IX
SEAL
9.01 Seal
The Board of Directors shall obtain a corporate seal which shall bear the words "Wylie
Economic Development Corporation"; the Board may thereafter use the corporate seal and may
later alter the seal as necessary without changing the corporate name; but these Bylaws shall not
be construed to require the use of the corporate seal.
SECTION X
PROGRAM
1 0,01 Authorization
The Corporation shall carry out its program subject to its Articles of Incorporation and
these Bylaws, and such resolutions as the Board may from time to time authorize.
10.02 Prop. •4.
The program of the Wylie Economic Development Corporation shall be to assist,
stimulate, and enhance economic development in Wylie, Texas, subject to applicable State and
Federal law,these Bylaws, and the Articles of Incorporation.
SECTION XI
PARLIAMENTARY AUTHORITY
1 1.01 Amendments to Bylaws
These Bylaws may be amended or repealed and new Bylaws may be adopted by an
affirmative vote of four (4) of the authorized Directors serving on the Board, at a special or
regular meeting of the Directors held for such specific purpose, and the notice requirements
stated herein above regarding special and regular meetings shall apply. The Directors of the
Corporation present at a properly called meeting of the Board may, by a vote of four (4), in
accord with the requirements of Article IV herein above, amend or repeal and institute new
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Bylaws, provided that at least ten (10) days prior to the meeting, written notice setting forth the
proposed action shall have been given to the directors, and public notice regarding such action
given according the requirements of the Texas Open Meetings Act.
Notwithstanding the foregoing, no amendment shall become effective unless the City
Council approves the amendment.
SECTION XII
DISSOLUTION
12.01 Dissolution
On petition of ten (10) percent or more of the registered voters of the City of Wylie
requesting an election on the dissolution of the Corporation, the City Council shall order an
election on the issue. The election must be conducted according to the applicable provision of
the Election Code. The ballot for the election shall be printed to provide for voting for or against
the proposition:
"Dissolution of the"Wylie Economic Development Corporation"
If a majority of voters voting on the issue approve the dissolution, the Corporation shall continue
operations only as necessary to pay the principal of and interest on its bonds and to meet
obligations incurred before the date of the election and, to the extent practicable, shall dispose of
its assets and apply the proceeds to satisfy those obligations. When the last of the obligations is
satisfied, any remaining assets of the Corporation shall be transferred to the City, and the
Corporation is dissolved.
SECTION XIII
INDEMNITY
3.01 Indemni y
The Board of Directors shall authorize the Corporation to pay or reimburse any current or
former Director or Officer of the Corporation for any costs, expenses, fines, settlements,
judgments, and other amounts, actually and reasonably incurred by such person in any action,
suit, or proceeding to which he or she is made a party by reason of holding such position as
Officer or Director; provided, however, that such Officer or Director shall not receive such
indemnification if he/she be finally adjudicated in such instance to be guilty of negligence or
misconduct in office, The indemnification herein provided shall also extend to good faith
expenditures incurred in anticipation of, or preparation for, threatened or proposed litigation.
The Board of Directors may, in proper cases, extend the indemnification to cover the good faith
settlement of any such action, suit, or proceedings, whether formally instituted or not.
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SECTION
MISCELL OUS
4.
These Bylaws are subject to, and governed by, the Articles of Incorporation and
applicable State statutes under which the Corporation is organized.
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• 1
ylie ,cono isevelop ent Corporation
E O - A DU
TO: WEDC Board of Directors
FROM: Sam Satterwhite, Executive Direct
SUBJECT: Staff Report
DATE: November 15, 2019
Issue
Staff report: review issues surrounding WEDC Performance Agreement Summary, Hotel
Occupancy Tax, WB Real Estate, environmental activity summary, Brown & 78 redevelopment
update, 544 Gateway redevelopment update, FM 544 waterline, and regional housing starts.
Analysis
As a reminder to Board members, the Board may not discuss an item which is not specifically
identified on the agenda. Only those items listed above can be discussed. Should any Board
member desire that an issue be placed on the agenda at any time prior to a Board meeting, WEDC
President or staff can be contacted, or a request can be made during the Discussion Item below.
WEDC Performance Agreement Summary
Attached for the Board's review is a summary of all outstanding Performance Agreements
including Cardinal Strategies, Carrie Elle, Clark Street Development, Cross Development,DANK
Real Estate, DCU, Exco Extrusion Dies, Rocking M, SAF Holland, SCSD-Finnell, and Taylor&
Son.
Woodbridge Centre
Within the Kroger-anchored center, $17,974.35 in sales tax was generated in August 2019 with
$4,493.59 subject to reimbursement. August 2019 sales tax represents an 27% increase over the
same period in 2018.
Hotel Occupancy Tax-
Hotel Occupancy Taxes received to date are attached for the Board's reference and review. As
detailed on the attachment, only one of two hotels reported/paid occupancy tax the third quarter of
2019. We have learned that Best Western was listed on the Foreclosure Report and informed the
City of Wylie of this development.
WEDC- Staff Report
November 15, 2019
Page 2 of 3
WB Real Estate Contract
While the Board approved the Whataburger(WB)contract on September 24th,WB representatives
did not sign the same until October 15th. WB is currently processing their site plan through the
Planning Department. While the contract is not scheduled to close until June 26, 2020, staff is
hopeful WB closes earlier.
TML Economic Development Conference
Board Members Mulliqi and Whitehead, along with Jason Greiner, attended a Texas Municipal
League Economic Development Conference November 7 — 8, 2020. Those attending the
conference will provide an oral report of their findings/conclusions.
Thoroughfare Impact Fees.
The City of Wylie will start the process of evaluating Thoroughfare Impact Fees on November
19th with the first meeting of the Impact Fee Advisory Committee. Multiple representatives within
the development community have been informed of the meeting date/time and will be in
attendance.
Environmental Activity Summary
Attached for the Board's review is a spreadsheet tracking the remaining remediation project with
W&M Environmental. With the MSD certified for the 544 Gateway property, closure by the
TCEQ is anticipated on or about December 1, 2019. As reported in October the TCEQ requested
additional sampling which resulted in the TCEQ removing the requirement that a cap be placed on
areas with significant contamination. However, a vapor barrier will still be required on all
foundations.
Elm Creek Environmental has completed its data collection on the Brown/78 site and is now
preparing the Affected Property Assessment Report (APAR)to be submitted to the TCEQ. Staff
will be requesting the same case worker that has processed the last three VCP submittals by the
WEDC.
Brown & 78 Redevelopment Update
The KCS closing is still scheduled for November 22nd. Staff is still processing the County and
TxDOT purchases.
544 Gateway Redevelopment Update
On December 10th the Wylie City Council is scheduled to consider accepting the bid from Mulligan
Foods for the purchase of 1.6 acres within the Gateway development and also consider a Real
Estate Contract governing the terms of the purchase. All back taxes to other taxing entities have
been paid.
WEDC- Staff Report
November 15, 2019
Page 3 of 3
Regional Housing Starts
Twenty-seven homes were permitted in Wylie for the month of October 2019. Sachse, Murphy
and Lavon permitted a combined ten with Inspiration permitting thirty.
No action is requested by staff for this item.
Attachments
Performance Agreement Summary
Environmental Activity Report
Hotel Occupancy Tax Report
Regional Housing Permits
CSD Woodbridge Centre-Sales Tax Reimbursement Report
Filing Allocation City 4B WEDC WEDC
Period Period 1.00% 0.50% 0.50% Total Reimbursement
Jan-14 Mar-14 $500.33 $250.17 $250.17 $1,000.66 $250.17
Sub-Total 1,000.66 250.17
Feb-14 Apr-14 608.31 304.16 304.16 1,216.62 304.16
Mar-14 May-14 819.13 409.57 409.57 1,638.26 409.57
Apr-14 Jun-14 1,474.84 737.42 737.42 2,949.67 737.42
Sub-Total 5,804.55 1,451.14
May-14 Jul-14 1,856.70 928.35 928.35 3,713.39 928.35
Jun-14 Aug-14 25,686.18 12,843.09 12,843.09 51,372.36 12,843.09
Jul-14 Sep-14 1,482.27 741.14 741.14 2,964.54 741.14
Sub-Total 58,050.29 14,512.57
Aug-14 Oct-14 1,927.17 963.59 963.59 3,854.34 $963.59
Sep-14 Nov-14 32,934.65 16,467.32 16,467.32 65,869.29 16,467.32
Oct-14 Dec-14 1,998.92 999.46 999.46 3,997.84 999.46
Sub-Total 73,721.47 18,430.37
Nov-14 Jan-15 2,885.15 1,442.58 1,442.58 5,770.30 1,442.58
Dec-14 Feb-15 29,624.02 14,812.01 14,812.01 $59,248.04 $14,812.01
Jan-15 Mar-15 6,488.22 3,244.11 3,244.11 $12,976.44 $3,244.11
Sub-Total $77,994.78 $19,498.70
Feb-15 Apr-15 5,694.92 2,847.46 2,847.46 11,389.83 2,847.46
Mar-15 May-15 31,176.75 15,588.37 15,588.37 $62,353.49 $15,588.37
Apr-15 Jun-15 5,390.41 2,695.20 2,695.20 $10,780.81 $2,695.20
Sub-Total $84,524.13 $21,131.03
May-15 Jul-15 6,467.00 3,233.50 3,233.50 12,934.00 3,233.50
Jun-15 Aug-15 32,110.31 16,055.16 16,055.16 $64,220.62 $16,055.16
Jul-15 Sep-15 5,548.58 2,774.29 2,774.29 $11,097.15 $2,774.29
Sub-Total $88,251.77 $22,062.94
Aug-15 Oct-15 5,683.49 2,841.74 2,841.74 11,366.97 2,841.74
Sep-15 Nov-15 41,414.13 20,707.06 20,707.06 $82,828.25 $20,707.06
Oct-15 Dec-15 6,007.81 3,003.91 3,003.91 $12,015.62 $3,003.91
Sub-Total $106,210.84 $26,552.71
Nov-15 Jan-16 6,246.73 3,123.36 3,123.36 12,493.45 3,123.36
Dec-15 Feb-16 38,577.49 19,288.74 19,288.74 $77,154.97 $19,288.74
Jan-16 Mar-16 5,383.48 2,691.74 2,691.74 $10,766.95 $2,691.74
CSD Woodbridge Centre-Sales Tax Reimbursement Report
Sub-Total $100,415.37 $25,103.84
Feb-16 Apr-16 5,556.02 2,778.01 2,778.01 11,112.03 2,778.01
Mar-16 May-16 35,400.22 17,700.11 17,700.11 $70,800.43 $17,700.11
Apr-16 Jun-16 5,929.35 2,964.67 2,964.67 $11,858.69 $2,964.67
Sub-Total $93,771.15 $23,442.79
May-16 Jul-16 5,622.45 2,811.22 2,811.22 11,244.89 2,811.22
Jun-16 Aug-16 36,078.78 18,039.39 18,039.39 $72,157.55 $18,039.39
Jul-16 Sep-16 5,553.88 2,776.94 2,776.94 $11,107.76 $2,776.94
Sub-Total $94,510.20 $23,627.55
Aug-16 Oct-16 5,386.52 2,693.26 2,693.26 $10,773.03 2,693.26
Sep-16 Nov-16 45,851.97 22,925.99 22,925.99 $91,703.94 $22,925.99
Oct-16 Dec-16 5,712.60 2,856.30 2,856.30 $11,425.19 $2,856.30
Sub-Total $113,902.16 $28,475.54
Nov-16 Jan-17 5,534.56 2,767.28 2,767.28 $11,069.11 2,767.28
Dec-16 Feb-17 39,832.46 19,916.23 19,916.23 $79,664.92 $19,916.23
Jan-17 Mar-17 5,210.39 2,605.20 2,605.20 $10,420.78 $2,605.20
Sub-Total $101,154.81 $25,288.70
Feb-17 Apr-17 5,350.85 2,675.42 2,675.42 $10,701.69 2,675.42
Mar-17 May-17 35,935.03 17,967.52 17,967.52 $71,870.06 $17,967.52
Apr-17 Jun-17 5,446.64 2,723.32 2,723.32 $10,893.27 $2,723.32
Sub-Total $93,465.02 $23,366.26
May-17 Jul-17 6,978.40 3,489.20 3,489.20 $13,956.79 3,489.20
Jun-17 Aug-17 35,612.74 17,806.37 17,806.37 $71,225.48 $17,806.37
Jul-17 Sep-17 5,225.94 2,612.97 2,612.97 $10,451.87 $2,612.97
Sub-Total $95,634.14 $23,908.54
Aug-17 Oct-17 5,692.90 2,846.45 2,846.45 $11,385.79 2,846.45
Sep-17 Nov-17 46,321.69 23,160.85 23,160.85 $92,643.38 $23,160.85
Oct-17 Dec-17 4,662.38 2,331.19 2,331.19 $9,324.76 $2,331.19
Sub-Total $113,353.93 $28,338.48
Nov-18 Jan-18 6,690.47 3,345.23 3,345.23 $13,380.93 3,345.23
Dec-18 Feb-18 46,316.53 23,158.26 23,158.26 $92,633.05 $23,158.26
Jan-18 Mar-18 5,988.51 2,994.26 2,994.26 $11,977.02 $2,994.26
Sub-Total $117,991.00 $29,497.75
Feb-18 Apr-18 6,805.46 3,402.73 3,402.73 $13,610.91 3,402.73
Mar-18 May-18 41,994.46 20,997.23 20,997.23 $83,988.92 $20,997.23
CSD Woodbridge Centre-Sales Tax Reimbursement Report
Apr-18 Jun-18 6,947.44 3,473.72 3,473.72 $13,894.87 $3,473.72
Sub-Total $111,494.70 $27,873.68
May-18 Jul-18 7,458.58 3,729.29 3,729.29 $14,917.16 3,729.29
Jun-18 Aug-18 40,091.04 20,045.52 20,045.52 $80,182.08 $20,045.52
Jul-18 Sep-18 6,796.04 3,398.02 3,398.02 $13,592.07 $3,398.02
Sub-Total $108,691.31 $27,172.83
Aug-18 Oct-18 7,102.43 3,551.21 3,551.21 $14,204.85 3,551.21
Sep-18 Nov-18 49,320.18 24,660.09 24,660.09 $98,640.36 $24,660.09
Oct-18 Dec-18 7,127.12 3,563.56 3,563.56 $14,254.24 $3,563.56
Sub-Total $127,099.45 $31,774.86
Nov-19 Jan-19 7,328.98 3,664.49 3,664.49 $14,657.96 3,664.49
Dec-19 Feb-19 45,439.30 22,719.65 22,719.65 $90,878.60 $22,719.65
Jan-19 Mar-19 6,870.72 3,435.36 3,435.36 $13,741.44 $3,435.36
Sub-Total $119,278.00 $29,819.50
Feb-19 Apr-19 6,753.31 3,376.66 3,376.66 $13,506.62 3,376.66
Mar-19 May-19 39,606.81 19,803.41 19,803.41 $79,213.62 $19,803.41
Apr-19 Jun-19 8,303.33 4,151.66 4,151.66 $16,606.65 $4,151.66
Sub-Total $109,326.89 $27,331.72
May-19 Jul-19 9,157.91 4,578.95 4,578.95 $18,315.81 4,578.95
Jun-19 Aug-19 43,106.68 21,553.34 21,553.34 $86,213.36 $21,553.34
Jul-19 Sep-19 8,520.69 4,260.35 4,260.35 $17,041.38 $4,260.35
Sub-Total $121,570.55 $30,392.64`
Aug-19 Oct-19 8,987.18 4,493.59 4,493.59 $17,974.35' 4,493.59
Sep-19 Nov-19 0.00 0.00 0.00 $0.00 $0.00
Oct-19 Dec-19 0.00 0.00 0.00 $0.00 $0.00
Sub-Total $17,974.35 $4,493.59
Total $2,135,191.52 $533,797.88
Note: Anticipated completion date for the$1 mm sales tax incentive obligation is 9/30/23.
Outstanding Performance Agreement Summary
Company Performance Obligations Expiration Incentive Comment/Notes
--
Cardinal Strategies
1. Receipt of documentation evidencing minimum
!expenditures of$106,800 for qualified
infrastructure; obtain a CO no later than
12/31/20; current on ad valorem taxes due by
1/31 of the year after they are assessed. 12/31/2020 $32,000
2. Base Incentive: Receipt of documentation
evidencing continuous occupation of the facility;
maintain employment of at least 30 full time
employees through the 1 year anniversary of CO;
and current on ad valorem taxes due by 1/31 of
the year after they are assessed. 12/31/2021 $6,933
Additional Incentive: Company qualifies for a $500
reimbursement incentive for each employoee
created, staffed and maintained at the facility Up to
beyond the 30 required for Incentive 1. 12/31/2021 $18,000
3. Base Incentive: Receipt of documentation
evidencing continuous occupation of the facility;
maintain employment of at least 30 full time
employees through the 1 year anniversary of CO;
and current on ad valorem taxes due by 1/31 of
the year after they are assessed. 12/31/2022 $6,933
Additional Incentive: Company qualifies for a $500
reimbursement incentive for each employoee
created, staffed and maintained at the facility Up to
beyond the 30 required for Incentive 1. 12/31/2022 $18,000
Outstanding Performance Agreement Summary
4. Base Incentive: Receipt of documentation
evidencing continuous occupation of the facility;
maintain employment of at least 30 full time
employees through the 1 year anniversary of CO;
and current on ad valorem taxes due by 1/31 of
the year after they are assessed. 12/31/2023 $6,933
Additional Incentive: Company qualifies for a $500
reimbursement incentive for each employoee
created, staffed and maintained at the facility Up to
beyond the 30 required for Incentive 1. 12/31/2023 $18,000
Carrie Elle Receipt of documentation of minimum project
cost of$15,000 for the purchase of new
equipment; current on ad valorem taxes. 1/31/2019 $2,500 Paid'.
Receipt of documentation evidencing ongoing
operations at 311 N. Ballard; current on ad
valorem taxes. 1/31/2020 $2,500
Cross Development Purchase and take title to the property by
3/20/18. 3/20/2018 Complete
Commence construction of multifamily units by
8/1/18. 8/1/2018 Complete
Complete construction of retail space and at least
3,200 sf of restaurant space and obtain COC by
9/1/20. 9/1/2020
Provide documentation to WEDC evidencing:
Construction costs for Phase One of$32mm;
property south of Explorer Pipeline is accessible to
vehicular traffic; $250,000 in expenditure for
qualified infrastructure; 9/1/2020.
Outstanding Performance Agreement Summary
Documentation to City confirming i) Completion
of removal/remediation ii) Company expended an
amount greater than or equal to minimum
removal expenditure ($500,000). 9/1/2020 $250,000
CSD Woodbridge Phase I -Acquire property for 110,000 sf Kroger by
7/31/2016; CO by 3/31/2014 3/31/2014 $100,000 Paid!
Phase II-CO for 120,600 sf retail space Sales tax
(completed) 3/31/2014 reimburse quarterly
Phase Ill-CO for 127,600 sf retail space Sales tax
(completed) 3/31/2017 reimburse quarterly
Sales tax
reimburse
ending earlier
of $1.1 mm
paid or 10 Cumulative incentive not
years from to exceed $1.1 mm.
Phase IV-CO for 134,600 sf retail space Start Date Reimbursement
(completed) 3/31/2019 (9/15/23). spreadsheet attached.
Dank Real Estate-2
la. Documentation of company's application for
CO for a 10,140 sf expansion at 216 Windco Cir.;
permit fee receipt for not less than $15,600
(overage to be paid by WEDC), documentation for
construction costs of$1,500,000; current on ad
valorem taxes;verification of employment of 25
full time employees as of 10/25/17. 7/31/2019 $15,600
lb. CO for a 10,140 sf expansion at 216 Windco
Cir. 7/31/2019 $21,500
Outstanding Performance Agreement Summary
2. Minimum valuation of$2,100,000 for real and
personal property at 216 Windco Cir.; current on
ad valorem taxes; ongoing operations of Deanan
Popcorn at facility; employment verification of 29
full-time employees. 7/31/2020 $22,900
3. Minimum valuation of$2,100,000 for real and
personal property at 216 Windco Cir.; current on
`ad valorem taxes; ongoing operations of Deanan
Popcorn at facility; employment verification of 33
full-time employees. 7/31/2021 23,000
DCU, Inc. 1.a. 1. Documentation supporting application to
City of Wylie for a CO for a 11,200 sq ft facility
located at 2774 Capital; 2. permit fee receipt from
City of Wylie for not less than $31,534; 3.
documentation supporting construction cost of
$700,000; 4. documentation supporting an
executed contract of not less than $39,885 to
extend a gas line 725 feet to the easternmost
property line of lot located at 2774 Capital Street;
5. current on ad valorem taxes. Paid City of Wylie
8/1/2018 $31,534 $24,545.13
1.b. 1. Certificate of Occupancy, 11,200 Sq ft $51,324 --
building; 2. receipt of documentation supporting $19,311 paid
construction of a gas line at the easternmost to Company;
property line at a cost of not less than $39,885; $32,013 paid
3. letter from Atmos Energy asserting that to Company's
improvements installed to Atmos standards and Utility
available to other customers. 8/1/2018 Contractor Paid
Outstanding Performance Agreement Summary
2. Minimum valuation of$1,200,000 for real and
personal Property; current on ad valorem taxes,
continuous operations at 2774 Capital. Amended
to$10,645 in Amendment No. 3. 9/1/2019 $10,645 Paid
3. Minimum valuation of$1,200,000 for real and
personal Property; current on ad valorem taxes,
continuous operations at 2774 Capital.Added to
this payment is the fee difference from Incentive 1
of 4 in the amount of$6,988.80. 8/1/2020 $19,488.80
Exco Extrusion Dies(Texas), Inc. A. CO on 30,000 sf building 2/24/2016 $87,000 Paid
B. On an annual basis maintain appraised value of
$7.55 mm, maintain Texas as principal place of
business, employ 20 full time employees 2/24/2017 $20,000 Paid
2/24/2018 $20,000 ` Paid
2/24/20191 $20,000 Paid
2/24/2020 $20,000
Seller financing on $350,000 note,forgiven Forgiveness#1-2-24-17
annually beginning 1-31-17 in equal amounts of Forgiveness#2-2-24-18
$70,000 for 5 years. 2017-2021 $350,000 Forgiveness#3-2-24-19
Rocking M Acquire title to property by March 1, 2019; obtain
building permit by April 1, 2019; Certificate of
Occupancy by April 1, 2020; provide
documentation evidencing$300,000 in
construction costs for facility; provide
documentation evidencing$89,500 in qualified
l infrastructure costs. 4/1/2020 $89,500
SAF Holland A. Tax Incentive:
Outstanding Performance Agreement Summary
Maintain on property,taxable personal property
owned by company valued at or above 50%of BPP
$14,375,324(Tax Threshold). tax paid in
excess of Tax
1/31/2019 Threshold. Paid
Maintain on property,taxable personal property
owned by company valued at or above
$14,375,324(Tax Threshold). 1/31/2020
Maintain on property,taxable personal property
owned by company valued at or above
$14,375,324(Tax Threshold). 1/31/2021
B. Employee Incentive:
Employ up to 45 full-time employees over 133
(Employee Threshold). One time payment of
$1,000 per new employee added. First $1,000/emp
Amendment- BPP valuation requirement waived over Paid-Incentive Obligation
(first year only). 12/31/2017 Threshold Fully Satisfied
Employ up to 45 full-time employees over 133 $1,000/emp
(Employee Threshold). One time payment of over
$1,000 per new employee added. 12/31/2018 Threshold n/a
Employ up to 45 full-time employees over 133 $1,000/emp
(Employee Threshold). One time payment of over Not to exceed$45,000
$1,000 per new employee added. 12/31/2019 Threshold total incentive.
Outstanding Performance Agreement Summary
SCSD-Finnell Obtain a building permit no later than 12/31/18;
Commence construction of building no later than
12/31/18; Obtain CO no later than 8/31/19;
Complete qualified infrastructure no later than
8/31/19; and provide written notice,
accompanied by one or more permanent COs on
the building only. Provide documentation that
company has leased no less than 66%of the space
within the building to restaurants no later than
1/31/20 and no less than 3,800 sf to Fish'N'Tails
Oyster Bar; Company has completed qualified
infrastructure no later than 8/31/19 with a
minimum cumulative cost of$175,000;
8/31/2019 $87,500
Provide documentation that restaurant space
identified in Incentive No. 1 has been continuously
occupied and operated as an on-going business for
no less than 12 months.
1/31/2021 $87,500
Outstanding Performance Agreement Summary
Taylor&Son LLC
1.a Acquire title to property,submit site plan and
elevations for a commercial office building that is
no less than 3,500 sf, approval of plans by the City
of Wylie Historical Review Commission (HRC);
building permit no later than February 1, 2020;
Certificate of Completion (CC)for 3,500 sf
commercial office building no later than February
1, 2021;documentation supporting construction
cost of no less than $400,000; documentation
supporting construction of qualified infrastructure
of at least$104,500 no later than CC; current on
ad valorem taxes by 1/31 of year after assessed. 2/1/2021 $52,250
1.b. Certificate of Occupancy(CO)for 1,750 sf no
later than February 1, 2022; current on ad valorem
taxes by 1/31 of the year after assessed. 2/1/2022 $52,250
Hotel Occupancy Tax Receipts
2014 2015 2016 2017 2018 2019
January $3,332.78 $3,910.22 $3,960.95 8,369.84 $8,848.69 $12,663.18
February 3,773.66 3,994.91 5,810.03 5,016.36 9,767.37 13,948.86
March 4,559.63 5,250.71 6,336.25 5,757.40 13,360.70 13,391.72
April 4,921.52 5,119.52 10,366.04 4,348.00 14,375.83 13,312.00
May 4,991.83 5,163.84 11,014.00 6,402.58 15,934.35 14,588.31
June 5,692.40 6,182.22 8,812.25 6,605.05 17,191.21 17,235.25
July 5,201.94 5,664.42 8,314.57 6,171.14 16,824.70 17,568.51
August 5,242.99 5,279.29 9,764.71 5,779.66 12,372.93 10,295.27
September 5,280.16 5,044.30 7,658.43 5,193.79 14,369.06 8,941.03
October 6,033.92 5,665.76 7,242.90 6,301.30 14,607.81
November 5,213.87 5,168.76 7,054.65 5,031.62 14,489.92
December 4,930.79 6,234.68 6,708.86 6,637.89 13,443.62
Total $59,175.49 $62,678.63 $93,043.64 $71,614.63 $165,586.19 $121,944.13
* 2 Hotels reporting beginning in December 2017.
**August and September 2019 represent 1 of 2 hotels reporting.
Active Environmental Program Tracking
Kirby- Former CRI Project Total: 105,113.53
Contract$121,150 910.00 11/30/17 Labor: Frank Clark, Michael Henn
788.00 12/31/17 Labor: Frank Clark, Clay Snider
Labor: Frank Clark, Michael Henn,Joshua Hopper,Samuel Lewis,
6,421.80 1/31/18 Trey Nelson, Clay Snider
Other Subcontractors: Laboratory,Supplies/Permits, Other
14,442.16 ; 1/31/18 Subcontractors
11.16 1/31/18 Misc.Supplies
659.50 1/31/18 Vehicle /Equipment
Labor: Frank Clark,Trudy Hasan,Joshua Hopper, Samuel Lewis, Clay
2,005.30 2/28/18 Snider
874.00 2/28/18 Laboratory
519.50 3/31/183 Labor: Trey Nelson, Clay Snider
1,824.00 4/30/18i Subsurface Investigation-Labor: Clay Snider
Add'I Subsurface Investigation- Labor: Frank Clark,Joshua Hooper,
3,815.75 4/30/18 Samuel Lewis,James Maxwell,Trey Nelson, Clay Snider
Subcontractors: Laboratory-$989; Drilling-$6,463;
12,385.33 4/30/18 Supplies/Permits/Regulatory Fees-$103.33; Other-4,830.
528.88 4/30/18 Vehicle /Equipment
Subsurface Investigation-Labor: Clay Snider,Samuel Lewis,Joshua
1,236.50 5/31/18 Harper, Frank Clark
264.50 5/31/18 Add'I Subsurface Investigation-Subcontractors: Laboratory
406.50 7/31/18 MSD- Project Management- Labor: Frank Clark,Clay Snider
648.50 7/31/18 VCP Application- Labor: Clay Snider, Holly Stockton
429.00 7/31/18 DWS Labor: Trey Nelson, Clay Snider
636.00 7/31/18 MSD Application- Labor: Joshua Hooper
384.00 8/31/18 MSD- Project Management- Labor: Clay Snider
165.90 8/31/18 VCP Application- Labor: Frank Clark
212.00 8/31/18 DWS Labor: Joshua Hooper
2,539.50 8/31/18 MSD Application - Labor: Joshua Hooper, Samuel Lewis, Clay Snider
MSD Application Sub-contractors: Laboratory,Aerials/Maps/
2,052.91 8/31/18 Photos
Active Environmental Program Tracking
418.35 9/30/181 MSD-Project Management- Labor: Clay Snider
749.60 9/30/18 VCP Application- Labor: Frank Clark,Antonia Pachlczuk, Clay Snider
128.00 ; 9/30/18 DWS Labor: Clay Snider
`MSD Application- Labor: Joshua Hooper,Samuel Lewis,James
2,878.50 ' 9/30/18' 'Maxwell,Trey Nelson,Clay Snider
58,967.14 Starting Point 632.00 9/30/18 APAR Labor: Trey Nelson
888.00 11/3/18 MSD-Project Management- Labor: Clay Snider
VCP Application- Labor: Clay Snider-$259; Overnight courier-
1,438.86 11/3/18 $29.86;TCEQ Application Fee-$1,150
189.50 : 11/3/18 MSD Application- Labor: Trey Nelson,Joshua Hooper
360.00 12/7/181 MSD Project Management
10.80 12/7/18 VCP Application &Agreement
2,351.90 12/7/181 Prepare MSD Application
804.00 2/22/19, Project Mgmt; Correspondence with TCEQ
1,725.66 2/22/19 1 Drinking Water Survey Report
' 4,553.05 2/22/19` Prepare MSD Application
79.80 ; 4/11/191 Project Mgmt; Correspondence with TCEQ
3,165.10 4/11/19' Prepare MSD Application
142.20 4/11/191 Preapare APAR and Submite to TCEQ
1,345 50 4/11/19 VCP Investigation
705.60 5/9/19 Project Mgmt; Correspondence with TCEQ
388.50 5/9/19 Prepare MSD Application
798.50 5/9/19 Prepare APAR and Submit to TCEQ
7,279.13 5/9/19 VCP Investigation
1,850.05 7/9/19 Project Mgmt; Correspondence with TCEQ
705.00 , 7/9/19 1 Prepare MSD Application
10,328.55 7/9/19 'Prepare APAR and Submit to TCEQ
3,659.82 .__ 7/9/19 VCP Investigation
1,614.37 8/8/19 Project Mgmt; Correspondence with TCEQ
1,486.00 8/8/19
Prepare APAR and Submit to TCEQ
276.50 8/8/19 VCP Investigation
105,113.53
Spent Contracted
Active Environmental Program Tracking
Total
Expenditures: $105,113.53 $123,100
Regional Housing Permits
Wylie Lavon
11 12 13 14 15 16 17 18 19 11 12 13 14 15 16 17 18 19
j January 20 16 1811:11 46 9 112112 28 January 2 4 5 4 6 2 12 2 3
February 9 E 14 20 11111311 36 54 February 11 2 5 11 6 5 1 7 0
March 28 18 El 30 43 '® 61 26 March 3 6 3 17 8 3 0 1 1
April 18 29 38 10 Inn 70 49 D April 1 12 24 7 11 1 1 17 0
May18 20 -26 68 101 48 40 I May 1 0 9 17 4 4 11 7 0
June 19 Emil 9 ® 58 98 June 9 2 5 12 5 1 7 15 0
July 20 19 18 29 36 CI 60 63 56 ! July 2 3 1 14 12 1 1 11 0
August 16 20 19 19 30 El 50Eil August I 9 6 3 1 5 0 12 0 0
September 8 m 24 18 46 ME September 6 7 6 2 7 0 5 9 0
October 16 28 30 ®E 26 ® 45 ® October 4 2 1 9 5 0 0 7 2
November® 14 18 20 Eimm 42 , 34 III November 5 3 2 1 2 0 14 3
16 El 65 38 39 18 16III 7 1 4 5 6 0 40 0
December 10 December
TOTAL 201 230 E03' 280 C 409 507 MI 348 TOTAL 60 48 68 100 77 17 104 79 6
Murphy Sachse
11 12 13 14 15 16 17 18 19
January 4 7 26 13 1 12 5 0 0 January 14 8 13 18 14 16 4 15 6
February 3 14 4 5 5 4 2 6 0 bruary 3 11 8 29 17 31 15 9 5
March 9 6 6 8 4 5 4 0 3 Mrh 9 12 1 13 24 31 23 5 4
April 8 10 23 1 3 8 1 0 24 Apr 8 4 13 17 12 24 15 2 1
May 11 14 7 7 2 2 0 0 10 IVry 11 17 10 21 6 21 15 9 4
June 6 19 15 6 7 4 0 0 4 June 8 17 14 16 38 25 14 3 1
July 7 16 7 22 4 2 8 1 10 JiL 7 14 15 30 12 22 17 4 4
August 4 13 15 16 2 21 0 0 4 AkIJU 5 19 10 29 41 32 8 6 6
September 4 10 10 3 3 6 0 0 2 Spernbr 12 12 17 23 27 20 3 2 2
October 3 16 16 4 0 2 0 0 4 Otobr 8 15 25 18 31 29 10 6 4
November 3 17 5 5 2 6 0 1 Novrnbe.r 6 9 12 27 26 12 6 6
December 8 7 15 4 0 1 1 5 Dcnityr 7 10 11 39 12 11 2 3
TOTAL 70 149 149 94 33 73 21 I 13 61 TOTAL 98 148 149 280 260 274 132 70 37
Inspiration
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Tota
15 5 12 10 6 17 13 14 4 13 8 5 11 118
16 10 19 11 9 7 13 40 8 14 13 18 2 164
17 10 12 26 29 18 30 16 17 20 14 19 18 229
18 30 27 29 24 23 35 18 13 8 14 31 9 261
19 4 9 15 16 5 5 5 4 16 30 109
ylie cono ic I evelop ent Corporation
E O - A DU
TO: WEDC Board of Directors
FROM: Sam Satterwhite, Executive Director
SUBJECT: Future Agenda Items
DATE: November 8, 2019
Issue
Discussion of issues to be placed on future WEDC Board Meeting agenda (no substantial
consideration/discussion allowed).
Analysis
During this Discussion Item, Board Members will have the opportunity to propose that an issue
be placed on a future agenda for consideration.
The Board will note that no substantial consideration/discussion is allowed so that there will not
be a violation of the Open Meetings Act which requires discussion/action items be placed on
Agendas with specific language as to what will be discussed. For example, the above language
will allow a Board Member to present a request for a certain item to be placed on an agenda for
consideration, but not the ability for the same Board Member to argue the merits of the issue.
Conversely, another Board Member may not discuss the merits as to why they may not want that
particular item on a future agenda.
Recommendation
This Item is for discussion only and will provide direction to Staff. No formal action is allowed.