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09-24-2019 (City Council) Agenda Packet Wylie City Council oF NOTICE OF MEETING Regular Meeting Agenda September 24, 2019 - 6:00 pm Wylie Municipal Complex Council Chambers 300 Country Club Road, Building #100 Wylie, Texas 75098 Eric Hogue Mayor David R. Duke Place 1 Matthew Porter Place 2 Jeff Forrester Mayor Pro Tern Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Chris Hoisted City Manager Richard Abernathy City Attorney Stephanie Storm City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS 00 National Manufacturing Day Proclamation September 24,2019 Wylie City Council Regular Meeting Agenda Page 2 of 5 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of September 10, 2019 Regular Meeting and September 10, 2019 Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, a Final Plat for B&L Park to establish one lot of 5.013 acres within Wylie's ETJ, property located at 6201 Pleasant Valley Road. (J. Haskins, Planning Manager) C. Consider, and act upon, the first modification to PSPO #W2018-92-E for the 2018 Parks, Recreation and Open Space Master Plan, Braddock Park Master Plan, and Parkside Park Master Plan to Dunaway Associates L.P. in the amount of$55,625.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) D. Consider, and act upon, approving the Financial Management Policies. (M. Beard, Finance Director) E. Consider, and act upon,Resolution No.2019-23(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities. (M. Beard, Finance Director) F. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31,2019. (M. Beard, Finance Director) G. Consider,and place on file,the City of Wylie Monthly Investment Report for August 31,2019. (M. Beard, Finance Director) H. Consider, and act upon Resolution No. 2019-24(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Wylie, and North Texas Municipal Water District, for the construction of new right-of-way for a portion of Lynda Lane and the abandonment of a portion of the old right-of-way for Lynda Lane, being a variable width beginning approximately 120 linear feet inside Collin County jurisdiction and extend east approximately 680 linear feet across City jurisdiction to a terminus intersection with Forrest Ross Lane. (R. 011ie, Asst. City Manager) I. Consider, and act upon, Resolution No. 2019-25(R) of the City Council of the City of Wylie, Texas, amending Resolution No. 2003-20(R), Rules 1,3, and 9. (C. Hoisted, City Manager) J. Consider, and act upon,Ordinance No. 2019-29 of the City Council of the City of Wylie,Texas, establishing Rules of Procedure for the conduct of public testimony at meetings of the Wylie boards, commissions and committees that are subject to the Texas Open Meetings Act. (C. Hoisted, City Manager) September 24,2019 Wylie City Council Regular Meeting Agenda Page 3 of 5 REGULAR AGENDA Tabled from 09-10-2019 Remove from table and consider 1. Consider, and act upon, Ordinance No. 2019-22 to change the zoning from Agricultural (AG/30) to Single Family-10/24 (SF-10/24), to allow for 49 single family lots on 16.481 acres, located on E. Stone Road approximately 1500' south of E. Brown Street. ZC 2019-10 (J. Haskins, Planning Manager) Executive Summary Zoning Case 2019-10 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City;and providing a penalty clause,a repeal clause,a savings clause,a severability clause,and an effective date. 2. Hold a Public Hearing and consider, and act upon, a residential Replat of Lot 1, Block A of Wylie East High School Addition to create Lot 1R,Block A to allow for adjustments to utility and fire lane easements, property located at 3000 Wylie East Drive. (J. Haskins, Planning Manager) Executive Summary The applicant has submitted a Replat for Lot 1,Block A of Wylie East Addition to create Lot 1R,Block A.The purpose of the Replat is to relocate and label utility and fire lane easements. The relocation of fire lanes and utilities stems from the expansion and renovation of Wylie East High School increasing the number of classrooms,adding a multi-purpose gym that functions as a storm shelter,and increasing the number of parking spaces. 3. Consider authorizing the City Manager to sign a Development Agreement pending Annexation between the City of Wylie, Serene District Townhomes, Dba The District Townhome (Tract 1. Owner), The District Lifestyle LLC (Tracts 2 & 3 Owner), and The District Lifestyle II LLC (Tracts 4& 5 Owner),for the development of a mixed-use master planned community.Located south of Alanis Drive and east of SH 78. (R. 011ie, Asst. City Manager) Executive Summary The applicant has submitted the subject Development Agreement that sets forth the obligations for development of 5 separate tracts totaling 20.433±acres. Staff has met with and discussed the contents of the agreement with City Attorney as well as the applicant's attorney. 4. Consider, and act upon, Resolution No. 2019-26(R) reviewing and approving a First Amendment to Chapter 380 Agreement by and between the City of Wylie, Texas and Cross Development, LLC; further authorizing the City Manager to execute the First Amendment to the Chapter 380 Agreement; further authorizing the City Manager to take any and all other actions necessary to effectuate the same; and providing for an effective date. (S. Satterwhite, WEDC Director) Executive Summary On March 13,2018. the Wylie City Council approved a Chapter 380 Agreement with Cross Development,LLC facilitating the development of a mixed-use project to be located on Westgate Way across from Home Depot. Phase I of the project which is currently under construction consists of 286 MF units, 3,200 square feet of restaurant space,and 2,300 square feet of general retail. Also included is a second 3,200 square foot restaurant pad and the potential development of 18,600 square feet of office space south of the Explorer Pipeline which has been identified as Phase II. Under the existing Chapter 380 Agreement Phase I improvements are required to be completed no later than September 1,2020 with Cross further required to provide evidence of$32,000,000 September 24,2019 Wylie City Council Regular Meeting Agenda Page 4 of 5 in project costs and the expenditure of not less than$500,000 in site work and removal/remediation of Class III polypropylene and shredded plastics associated with a 1972— 1979 landfill operated by Electro Extraction,Inc. (local Wylie company). Upon meeting the existing requirements,the City of Wylie will waive$475,000 of the total estimated$800,000 in development fees. 5. Consider, and act upon, Resolution No. 2019-27(R), to ratify contract#W2019-125-B and first modification for the Bay Expansion of Fire Station #2 with Clayton Contracting Inc. in the amount of$54,240.06, and authorizing the City Manager to execute any necessary documents. (B. Blythe, Fire Chief) Executive Summary On August 19, 2019, the City Manager awarded a contract#W2019-125-B to Clayton Contracting, Inc. in the amount of$48,806.94 for the expansion of a vehicle bay located at Fire Station#2 to accommodate the new 109' aerial ladder truck. During the course of demolition of a portion of the exterior wall, it was discovered that the structural header beam for this bay was not installed as shown on the architectural drawings. The contractor has submitted the first modification for this project in the amount of$5,433.12 to remove and install the correct structural support. This modification will bring the total of the project to $54,240.06. EXECUTIVE SESSION If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087 -Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076 Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. 00 Deliberation regarding the purchase, exchange, lease or value of real property located near the intersection of State Highway 78 and 5t'St. 0o Deliberation regarding the purchase, exchange, lease or value of real property located near the intersection of State Highway 78 and Ballard Street. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). September 24,2019 Wylie City Council Regular Meeting Agenda Page 5 of 5 co Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Project 2019-7a. Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. 0o Presentation of issues pertaining to WEDC Personnel. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on September 20, 2019 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed Wylie City Council Minutes Regular Meeting September 10,2019—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Mayor Eric Hogue called the regular meeting to order at 6:00 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester, Councilwoman Candy Arrington, Councilman Timothy T. Wallis, and Councilman David Dahl. Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Human Resources Director Lety Yanez; Planning Manager Jasen Haskins; WEDC Executive Director Sam Satterwhite; Project Engineer Wes Lawson; City Secretary Stephanie Storm, and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Mayor pro tern Forrester gave the invocation and Councilwoman Arrington led the Pledge of Allegiance. PRESENTATIONS 00 Blackland Prairie Chapter, National Society Daughters of the American Revolution, Constitution Week- September 17-23,2019. Mayor Hogue presented a proclamation proclaiming September 17-23, 2019 as Constitution Week in Wylie, Texas. Members of the Blackland Prairie Chapter of the Daughters of the American Revolution were present to accept the proclamation. CITIZEN COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. No citizens were present wishing to address Council. Minutes September 10,2019 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the August 27, 2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, a vendor application for the Wylie P.O.L.I.C.E. Club for a fundraiser event at Founders Park on November 9, 2019. (R. Diaz, Parks & Recreation Director) C. Consider, and act upon, Resolution No. 2019-21(R) authorizing the City Manager to execute an Interlocal Public Transit Service Agreement with the Dallas Area Rapid Transit. (C. Hoisted, City Manager) D. Consider, and act upon, a final plat of Lake Park Villas Phase 1, to allow for 72 Residential and four open space lots on 12.284 acres, generally located at the northeast corner of Troy Road and Vinson Road. (J. Haskins, Planning Manager) E. Consider, and act upon, Ordinance No. 2019-21 amending Ordinance No. 2003-03 Subdivision Regulations Sections 2.2, 2.3, and 2.4 Procedures and Approval. (J. Haskins, Planning Manager) F. Consider, and act upon, Ordinance No. 2019-22 to change the zoning from Agricultural (AG/30) to Single Family-10/24 (SF-10/24), to allow for 49 single-family lots on 16.481 acres, located on E. Stone Road approximately 1500 feet south of E. Brown Street. ZC 2019-10 (J. Haskins, Planning Manager) G. Consider, and act upon, Ordinance No. 2019-23 amending Ordinance No. 2001-48 Zoning Ordinance Article 6, Section 6.1 Planned Development Districts and Ordinance No. 2008-27 Zoning Ordinance Article 8, Section 8.1 Zoning Related Applications. ZC 2019-12 (J. Haskins, Planning Manager) H. Consider, and act upon, Resolution No. 2019-22(R) determining a public necessity to acquire certain properties for public use for rights of way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road (FM 1378)); giving notice of an official determination to acquire certain properties for public use for rights of way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road (FM 1378)); authorizing the City Manager of the City of Wylie, Texas, to establish procedures for acquiring the rights of way (in fee simple), temporary construction easements and related improvements offering to acquire said property rights voluntarily from the landowners through the making of bona fide offers; appropriating funds; providing for repealing, savings and severability clauses; and providing for an effective date. (T. Porter, Public Works Director) Councilman Porter requested that Consent Items A and H be removed from Consent and considered individually. Mayor pro tem Fonester requested that Consent Item F be removed from Consent and considered individually. Consensus of the Council was to remove Items A, F, and H from Consent and consider individually. Minutes September 10, 2019 Wylie City Council Page 2 Council Action A motion was made by Councilman Wallis, seconded by Councilman Duke, to approve the Consent Agenda Items B, C, D, E, and G as presented. A vote was taken and motion passed 7-0. REGULAR AGENDA F. Consider, and act upon, Ordinance No. 2019-22 to change the zoning from Agricultural (AG/30) to Single Family-10/24 (SF-10/24), to allow for 49 single-family lots on 16.481 acres, located on E. Stone Road approximately 1500 feet south of E. Brown Street. ZC 2019-10 (J. Haskins, Planning Manager) Staff Comments City Manager Holsted reported that staff was still working with the developer on the development agreement for the building materials. The applicant has asked that it be tabled until the next Council meeting. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Dahl, to table Consent Agenda Item F until the next City Council meeting. A vote was taken and motion passed 7-0. A. Consider, and act upon, approval of the Minutes of the August 27, 2019 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) Council Comments Councilman Porter stated that, in the citizen comments made during the public hearing, Mr. Dumlao was stated to have opposed the change in zoning; however, since Mr. Dumlao stated he was in favor with some stipulations and gave examples from his personal experience of having lived near a station and noting that fumes and crime were not a major issue, Porter stated he thought the minutes should reflect that, rather than presenting Mr. Dumlao's position as straight opposition. Council Action A motion was made by Councilman. Porter, seconded by Mayor pro tem Forrester, approving the minutes with the stated amendments. A vote was taken and motion passed 7-0. H. Consider, and act upon, Resolution No. 2019-22(R) determining a public necessity to acquire certain properties for public use for rights of way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road (FM 1378)); giving notice of an official determination to acquire certain properties for public use for rights-of-way (in fee simple), temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of McMillen Road (from approximately McCreary Road to Country Club Road (FM 1378)); authorizing the City Manager of the City of Wylie, Texas, to establish procedures for acquiring the rights of way (in fee simple), temporary construction easements and related improvements offering to acquire said property rights voluntarily from the landowners through the making of bona tide offers; appropriating funds; providing for repealing, savings and severability clauses; and providing for an effective date. (T. Porter, Public Works Director) Minutes September 10, 2019 Wylie City Council Page 3 Council Comments Councilman Porter stated he wanted to clarify that this is not utilizing eminent domain but is bonified agreements being reached with the land owners. Council Action A motion was made by Councilman Porter, seconded by Councilman. Wallis, to approve Item. H as presented. A vote was taken and motion passed 7-0. 1. Consider, and act upon, Ordinance No. 2019-24 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section I (Water and Sewer Fees), Subsection B (Water Rates), and Subsection C (Sewage Collection and Treatment Rates). (C. Holsted, City Manager) Staff Comments City Manager Holsted addressed Council stating in August 2017, Council gave direction to the rate consultant on the recommended rate model that incorporates the Water and Sewer Capital Improvements Plan (CIP), outstanding debt service, and future capital needs such as the expansion of the Muddy Creek regional wastewater treatment plant. Holsted stated that a rate study update is included in next year's budget. The current rate model recommends a 7.5% increase for wastewater and a 9% increase for water for the next fiscal year. Council Comments Councilman Porter expressed concerns with a large cost increase over the next five years and with some of the businesses not paying substantially more than residents in base rates. Holsted replied that some of the largest water users are residential customers with outdoor watering, and it is an increase across the board for all rate categories; therefore, it is a 9% increase on the commercial side. Holsted reported some of the reasons for the increase in rates are the wholesale water rate increases by the District, and on the sewer side, future expansion of about $40 million of the sewer treatment plant required by the State. Mayor pro tern Forrester stated during previous discussions about the reduction in rates, the original numbers that came back were close to 10%, and he was led to understand there would be considerable amount less than that requested. Forrester asked if there had been any changes in the request. Holsted responded that originally the model included 9% for both water and sewer. Sewer went down a little bit during the update; therefore, in the next update that occurs this fiscal year, the City has some debt that Council has chosen to utilize to move forward with the AMI/AMR meter replacement and to use different funding mechanisms other than a bond issue for the meter expenditure, so that could potentially lower rates. Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Arrington, to approve Ordinance No. 2019-24 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section I (Water and Sewer Fees), Subsection B (Water Rates), and Subsection C (Sewage Collection and Treatment Rates). A vote was taken and motion failed 3-4 with Mayor pro tern Forrester, Councilman Duke, Councilman Porter, and Councilman Wallis voting against.* City Manager Holsted reported that the denial of Item 1 will require an amendment to the budget due to the Utility Fund revenues having been projected based on the model. *Item 1 was reconsidered during Item 4. For further discussion please see Item 4. Council Action A motion was made by Councilman Porter, seconded by Councilman Duke, to reconsider Agenda Item 1 based upon the additional information that has been presented and provided by City staff. A vote was taken and motion passed 7-0. Minutes September 10, 2019 Wylie City Council Page 4 *Reconsideration Council Action A motion was made by Councilman Porter, seconded by Councilman Duke, to approve Ordinance No. 2019-24 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section I (Water and Sewer Fees), Subsection B (Water Rates), and Subsection C (Sewage Collection and Treatment Rates). A vote was taken and motion passed 7-0. 2. Consider, and act upon, Ordinance No. 2019-25 of the City of Wylie, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp, Mid-Tex Division regarding the company's 2019 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest. (C. Holsted, City Manager) Staff Comments City Manager Holsted addressed Council stating the Atmos Cities Steering Committee (ACSC) did reach an agreement with Atmos Energy. They originally requested systemwide revenues of about $70 million. The settlement amount was $38.7 million and the amount applicable to ACSC members is $28.2 million. The increase to the average residential customer is $2.05/month, or 3.7%, and for the average commercial customer is $6.18/month, or 2.31%. Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Arrington, to approve Ordinance No. 2019-25 of the City of Wylie, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp, Mid-Tex Division regarding the company's 2019 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest. A vote was taken and motion passed 7-0. 3. Consider, and act upon, Ordinance No. 2019-26 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section II (Garbage, Trash and Brush Fees), Subsection A (Residential Fee; Deposits), and Subsection B (Commercial Charges). (B. Parker, Asst. City Manager) Staff Comments Assistant City Manager Parker addressed Council stating a solid waste and recycling contract renewal was approved with. Community Waste Disposal (CWD) effective September 1, 2018. The contract outlines the process for rate adjustments and a rate adjustment can be requested based on the consumer price index (CPI), the price of diesel fuel as reported by the Department of Energy, and the disposal costs of the Garland, Texas landfill. CWD has requested a rate increase of$0.45, or 4.76%, for residential trash. If approved, the new monthly rate billed including administrative cost would be $13.16. Council Comments Mayor Hogue asked if there had been improvement in services that are being provided to the citizens. Parker reported it has improved some, but the biggest challenge seems to be bulk pickup. Citizens do not realize they need to call in and schedule a bulk pickup and/or they put out more than the allotted 6 cubic yards. Parker reported he felt the biggest challenge is communication, and that has improved. Mayor pro tern Forrester stated it appears that the request for the adjustment is in favor of the vendor; however, he wondered whether there was punishment for poor service, or lack of service. Forrester asked whether Minutes September 10, 2019 Wylie City Council Page 5 there is a possibility to utilize a service monitor or performance agreement so that rates can be negotiated as CWD asks for rate increases. Parker replied there is recourse if they do not fulfill the agreement within the contract; therefore, every time a complaint is received, they have resolve it immediately, and they have to this point. Councilmen Dahl, Wallis, and Duke expressed that communication is an issue and requires some education with the public. Robert Medgovich, representing CWD, stated their staff is working on ways to educate the public utilizing social media regarding bulk pickup. Hogue responded bulk pickup is not the only issue. Medgovich replied they are working toward improvements. Councilman Porter expressed concerns with the request for a rate increase when citizens have to escalate issues to City staff to get issues resolved, and in which staff members are becoming the customer service agents for CWD. Medgovich responded that they have made some changes in regard to customer service in the last 60 days. Hogue stated there are issues with both bulk and regular trash pickup. After recently dealing with customer service issues, the timing for a request for a rate increase seems off. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to deny Ordinance No. 2019-26 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section II (Garbage, Trash and Brush Fees), Subsection A (Residential Fee; Deposits), and Subsection B (Commercial Charges). A vote was taken and motion passed 7-0. 4. Consider, and act upon, Ordinance No. 2019-27 adopting a budget and appropriating resources for Fiscal Year 2019-2020, beginning October 1, 2019 and ending September 30, 2020. (M. Beard, Finance Director) Staff Comments City Manager Holsted addressed Council stating that, with the denial of Item 1, since the Utility Fund budget is based on that rate increase as shown during the budget presentations, a special meeting would be required for the adoption of the budget and tax rate. Councilman Porter asked what impact it would have. Holsted reported the FY2020 revenue is $20.8 million in the Utility Fund, the FY2019 revenue is $19.1 million so that's a difference of $1.7 million; staff is unsure if that can be absorbed in the fund balance and still meet the 90 days. Hoisted asked for any additional direction on the budget. Porter responded that there are some items listed in the budget that he does not believe are needed this particular year and does not agree with. These include in the General Fund, streets supervisor, parks field supervisor, contract mowing, and an HR upgrade from a benefits specialist to an analyst. Councilwoman Arrington, Councilman Dahl, and Mayor Hogue stated they were ok with leaving the positions in the budget. Councilmen Duke and Wallis stated they would like to remove the four stated positions from the proposed budget. Dahl expressed his frustration with waiting to the last night to discuss items in the budget after many meetings. Mayor pro tern Forrester stated he had issues with the HR specialist and the field supervisor positions. Direction from majority of Council was to remove two positions, HR specialist and parks field supervisor, from the proposed budget. Porter expressed issues with the following positions listed in the 4B Fund; the two recreation center positions, which are the assistant manager and the upgrade to an assistant programmer, and the feasibility study. Forrester asked if the two recreation center positions could be put on hold until a feasibility study is completed and presented to determine how to adjust the fees to recoup a portion of expenses of revenue and whether there is a percentage as it relates to citizens versus visitors. Arrington, Wallis, and Duke stated they were ok with moving forward with the feasibility study. Dahl was ok with leaving the positions and feasibility study in the proposed budget. Hogue stated he would like staff to bring back to a future meeting, information regarding recreation centers and how they operate in other cities. Minutes September 10, 2019 Wylie City Council Page 6 Hoisted reported the water rates are based on smoothing the impact to the customer, so without an increase next year, future years' charges would probably be steeper to the customer and would draw down the fund balance to 90 days; therefore, there may not be funds available for any Utility Fund requests. He noted that it would be good to know what Council does not want included in the Utility Fund budget. Porter asked if the ordinance presented to Council during Item 1 was to approve the changes through 2023. Hoisted replied no, it was just for next year. Porter asked for clarification, stating he thought the projections out are what is expected to come back each year to Council. Hoisted confirmed that is correct. Porter asked, based on the additional conversation and information, what the process is for an item to be reconsidered. Hoisted replied he believes it takes a motion and second by the members that denied it; however, staff will confirm. Mayor Hogue recessed the Council into a short break at 7:14 p.m. Mayor Hogue reconvened the Council at 7:26 p.m. *Council reconsidered Item 1. Please see Council Action under Item 1. Staff Comments City Manager Hoisted addressed Council stating that, with the reconsideration and approval of Item 1, it would not require a special meeting to pass the budget and tax rate. Council would need to make a motion to approve the budget with amendments and list the specific amendments. As a result of the amendments, some of the numbers in the proposed ordinance would change and because the amendments are expenses, and the City has to present a balanced budget, it does increase the combined services special services line item, which is an expense and that is what staff will adjust to get the balanced budget. Councilman Porter stated a concern in the Utility Fund was moving the meter technicians to Utilities and adding a management position to oversee them. Holsted replied that the meter technicians currently spend 75% of their time in Utility Billing. Beard stated that, on the job descriptions for the meter technicians, there are 24 essential job functions and 18 of them are directives from the Finance Department; however, they are not currently directly reporting to anyone in the Finance Department. Mayor pro tern Forrester expressed concerns with adding an additional layer of management if they are currently receiving 75% of direction from the Finance department. Beard responded it is a lot more responsibility for the supervisor to oversee that number of employees and to supervise that type of work. Porter asked why an upgrade of the position was not requested instead of creating a new position. Hoisted responded that they are projecting an increased workload with the new meters, so it is getting more staff in the department for customer service. Porter stated he would be open to the position being upgraded but does not support creating an additional management level. Councilwoman. Arrington, Councilman Dahl, and Mayor Hogue stated they were in favor of the added Utility Billing position. Councilmen Duke, Porter, and Wallis, and Mayor pro tern Forrester replied they would be in favor of the upgrade and not the added position. Council Action A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester, to approve Ordinance No. 2019-27 adopting a budget and appropriating resources for Fiscal. Year 2019-2020, beginning October 1, 2019 and ending September 30, 2020 with the following amendments: the removal of the parks field supervisor position and the HR upgrade from benefits specialist to HR analyst; removing the recreation center assistant manager position and GSS upgrade to assistant programmer position; and to upgrade the utility supervisor position to a utility manager position instead of creating the new position, with any resulting monies to be assigned to combined services. A vote was taken and motion passed 6-1 with Mayor Hogue, Mayor pro tern Forrester, Councilman Porter, Councilman Duke, Councilman Dahl, and Councilman.Wallis voting for, and Councilwoman.Arrington voting against. 4. Consider, and act upon, approving the property tax increase reflected in the budget. (M. Beard, Finance Director) Minutes September 10, 2019 Wylie City Council Page 7 Staff Comments Finance Director Beard addressed Council stating the tax rate needed to support the newly adopted FY2019-2020 Budget is $0.688454 per $100 assessed valuation. This tax rate is the effective tax rate and represents a decrease of$.037394 from the tax rate in FY2018-2019. This item is required by state law because there will be an increase in the total tax revenue the City receives due to new property that was added to the tax roll and an increase in the total property assessed valuation. Section 102.007 of the Texas Local Government Code and Texas HB 3195 require the governing body to hold a separate vote to ratify this increase in property tax revenue that is reflected in the budget. Beard reported the budget document has the required wording stating "this budget will raise more total property taxes than last year's budget by $1,159,844 or 3.74%, and of that amount, $1,217,070 is tax revenue to be raised from new property added to the tax roll this year." Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve the property tax increase reflected in the budget. A vote was taken and motion passed 7-0. 5. Consider, and act upon, Ordinance No. 2019-28 fixing the tax rate/levy for Tax Year 2019 and Budget Year 2019-2020 at 0.688454 per $100 of assessed valuation. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating the tax rate needed to fund the FY2019-2020 budget is $0.688454 per $100 of assessed valuation. The tax rate has two components: $0.516225 is being used for operations and maintenance, and $0.172229 is being used to fund the General Debt Service Fund. The tax ordinance will generate levies of$24,143,366 minus the amendments that were made during Item 4 for the General. Fund and $8,055,038 for the I&S Fund. Beard brought attention to the wording in the ordinance, which is required by state law, stating "this tax rate will raise more taxes for maintenance and operations than last year's tax rate. The tax rate will effectively be raised by 1.13% and will raise taxes for maintenance and operations on a $100,000 home by approximately -$21.98." Council Action A motion was made by Councilman Porter, seconded by Councilman Wallis, to approve Ordinance No. 2019-28 fixing the tax rate/levy for Tax Year 2019 and Budget Year FY2019-2020 at 0.688454 per $100 of assessed valuation. A vote was taken and motion passed 7-0. RECESS CITY COUNCIL Mayor Hogue recessed the City Council at 7:58 p.m. CALL TO ORDER THE WYLIE PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION (4B) Chair Eric Hogue called the Wylie Parks and Recreation Facilities Development Corporation (4B) meeting to order at 7:59 p.m. The following members were present: Chair Eric Hogue, board members, Daniel Chesnut, David Dahl, Matthew Porter, David R. Duke, Emmett Jones, and Scott Hevel. Minutes September 10, 2019 Wylie City Council Page 8 1.(4B) Consider, and act upon, approval of the Minutes from the September 11, 2018 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (S. Storm, City Secretary) 4B Board Action A motion was made by board member Porter, seconded by board member Duke, to approve the minutes from the September 11, 2018 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation(4B). A vote was taken and the motion passed 7-0. 2.(4B) Consider, and act upon, the appointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) President and Vice-President for a term beginning January 1, 2019 and ending December 31, 2020. (S. Storm, City Secretary) 4B Board Action A motion was made by board member Duke, seconded by board member Dahl, to appoint Chris Holsted as President and Renae 011ie as Vice President of the Wylie Parks and Recreation Facilities Development Corporation (4B). A vote was taken and the motion passed 7-0. 3.(4B) Consider, and act upon, approval of the FY 2019-2020 4B Budget and authorize expenditures for the FY 2019-2020 Community Services Facilities Capital Improvement Plan. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed the Wylie Parks and Recreation Facilities Development Corporation (4B) stating the 4B Corporation was established to promote park and recreational development within the city of Wylie. The activities of the 4B Corporation are accounted for in two separate fund types: the 4B Sales Tax Revenue Fund and the 4B Debt Service Fund. Sales taxes are levied in Wylie at 8.25% of goods and services sold within the city's boundaries. Departments in this fund include the Brown House, senior activities, Parks, Recreation Center, Stonehaven House, and sales tax combined services. Beard reported the proposed revenues, expenditures, and use of fund balance for one-time expenditures leaves a healthy fund balance almost three times the requirement, and the budget also includes a transfer to the 4B Debt Service Fund in the amount of$389,050 which will leave a debt repayment balance of$1,941,800 after the 2020 budget. The 4B budget was approved by Council earlier this evening. 4B Board Action A motion was made by board member Porter, seconded by board member Chesnut, to approve the FY2019-2020 4B Budget as passed and amended by Council and authorize expenditures for the FY2019- 2020 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 7-0. ADJOURN 4B BOARD With no further business before the board, Chair Hogue adjourned the meeting at 8:05 p.m. Consensus of the board was to adjourn. RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL Mayor Hogue reconvened the Regular Session of the Wylie City Council at 8:05 p.m. Minutes September 10, 2019 Wylie City Council Page 9 READING OF ORDINANCES City Secretary Storm read the captions to Ordinance Nos. 2019-21, 2019-23, 2019-24, 2019-25, 2019-27, and 2019-28 into the official record. ADJOURNMENT A motion was made by Councilman Duke, seconded by Councilman Porter, to adjourn the meeting at 8:10 p.m. A vote was taken and the motion passed 7-0. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes September 10,2019 Wylie City Council Page 10 Wylie City Council Minutes Work Session September 10, 2019—6:30 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the work session to order at 8:11 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester, Councilwoman Candy Arrington, Councilman Timothy T. Wallis,and Councilman David Dahl. Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Human Resources Director Lety Yanez; Planning Manager Jasen Haskins; WEDC Executive Director Sam Satterwhite; Project Engineer Wes Lawson; City Secretary Stephanie Storm, and various support staff. WORK SESSION 00 Discuss amending Resolution No. 2003-20(R); City Council Rules of Procedures. (C. Hoisted, City Manager) City Manager Holsted addressed Council stating staff is recommending the following changes to the Council Rules of Procedure: to remove "in the Council Chambers at City Hall" in order to hold Council meetings at other locations in the City, use language to reference the Charter regarding the meeting dates, include text changes from "expelled" to "reprimand" based on advice from City Attorney, changes specific to HB 2840 regarding the right of members of the public to address a governmental body regarding an item on an agenda for an open meeting of the body, remove the language that the members of the public can be placed on the agenda, and to change the 10th edition of Roberts Rules of Order to the "current edition" and to use it as a guide. Council gave direction to move forward with the recommended changes and to include the language of translator/interpreter. ADJOURNMENT A motion was made by Councilman Duke, seconded by Mayor pro tern Forrester, to adjourn the meeting at 8:25 p.m. A vote was taken and the motion passed 7-0. Minutes September 10,2019 Wylie City Council Work Session Page 1 Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes September 10,2019 Wylie City Council Work Session Page 2 Wylie CityCouncil Y AGENDA REPORT Meeting Date: September 24, 2019 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: September 6, 2019 Exhibits: 1 Subject Consider, and act upon, a Final Plat for B&L Park to establish one lot of 5.013 acres within Wylie's ETJ, property located at 6201 Pleasant Valley Road. Recommendation Motion to approve a Final Plat for B&L Park to establish one lot of 5.013 acres within Wylie's ETJ,property located at 6201 Pleasant Valley Road. Discussion OWNER: B&L Investment Properties LLC APPLICANT: Burns Surveying The applicant has submitted a Final Plat to establish one lot of 5.013 acres within Wylie's ETJ. The property is located at 6201 Pleasant Valley Road and lies within both Collin and Dallas counties. The plat dedicates 50' of Right of Way for the future widening of Pleasant Valley Road and includes an existing 170' wide Texas Municipal Power Easement. As the property is outside Wylie city limits, Collin and Dallas counties will review any building permits and On-Site Sewage Facilities (OSSF). The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations.Approval is subject to additions and alterations as required by the City Engineering Department, Dallas County Development Services, and Collin County Development Services. P&Z Commission Discussion The Commission recommended approval by a vote of 6-0 Page 1 of 1 ELM NO 1. ) City of Wylie GPS control monument for reference: PROPERTY OWNERS CERTIFICATE NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS: OWNER'S DEDICATION CM-1 Located on the North side of State Highway No. 78 near the East entrance drive COUNTY OF DALLAS: That , acting herein by and through his (its) j �� for a City of Wylie Municipal Complex located at 2000 State Highway No. 78 North. duly authorized officers, does hereby adopt this plat designating the herein O/ S� 7r Elevation = 530.55' WHEREAS, B&L INVESTMENT PROPERTIES, LLC, is the Owner of a tract of land in the above described property as Lot 1, of B&L PARK, an addition to Collin County, �/ HT COL L IN N 7060922.944 City of Wylie, Collin and Dallas County, Texas, a part of the Guadalupe De Los Santos and Dallas County, Texas, and does hereby dedicate, in fee simple, to the public '�% UN COUNTY E 2576974.068 Survey, Abstract No. 1100 (Collin County, Texas) Abstract No. 1384 (Dallas County, use forever, the streets, rights-of-way, and other public improvements shown thereon. The streets and alleys, if any, are dedicated for street purposes. The (--)/ <T Texas), being a 5.013 acre tract conveyed to B&L Investment Properties, LLC, as easements and public use areas, as shown, are dedicated, for the public use / COUNTY H N E L 0 Southeast corner of the building located at 104 South Ballard Street. recorded in Instrument File No. 20190103000010220, of the Deed Records of Collin forever, for the purposes indicated on this plat. No buildings, fences, trees, / Elevation 550.61 County, Texas, and being recorded in Instrument File No. 201900002034, of the shrubs or other improvements or growths shall be constructed or placed upon, PROPERIY� / II N 7057346.784 Official Public Records of Dallas County, Texas, as shown hereon and being more over or across the easements as shown, except that landscape improvements Sz E 2569521.039 particularly described by metes and bounds as follows: may be placed in landscape easements, if approved by the City Council of the City SITE <Y �' o of Wylie. In addition, utility easements may also be used for the mutual use and DALLAS oU/ C - BEGINNING at a point for corner near the centerline of Pleasant Valley Road, being a accommodation of all public utilities desiring to use or using the same unless the COUNTY Pv'/ o& easement limits the use toparticular utilities, said use bypublic utilities being J ' F� O °oq ?- point on the Southwest line of a tract of land described in deed to Joseph Benjamin ���/ ITS O V& -1 Johnson, as recorded in Instrument File No. 20181029001342580, of the Deed subordinate to the public's and City of Wylie's use thereof. / F DUN. Records of Collin County, Texas, being the East corner of a tract of land described in T,P ' O o °ti The Cityof Wylie andpublic utilityentities shall have the right to remove and ° s deed to Juan Hernandez, as recorded in Instrument File No. 20150304000239430, of y g 0/ 0U. moo_ DAVID ANDERSON keep removed all or parts of any buildings, fences, trees, shrubs or other / ° NO. 2�1R0906001 1 1 8340 the Deed Records of Collin County, Texas, and being the North corner of said B&L improvements or growths which may in any way endanger or interfere with the ,•& 9eV, Investment Properties tract; 1 VICINITYMAP: N S. OV /-4. Two 9°sTconstruction, maintenance, or efficiency of their respective systems in said �o THENCE Southdegreesminutes secondsEast, withPleasant 45 07 28 said Valley easements. The City of Wylie and public utility entities shall at all times have the 'i ° full right of ingress and egress to or from their respective easements for the 9°T 6o Road, a distance of 390.29 feet to a point for corner on the Southwest line of a tract 0 25 50 100 do purpose of constructing, reconstructing, inspecting, patrolling, maintaining, of land described in deed to Steve Conkle, as recorded in Volume 5445, Page 4830, of reading meters, and adding to or removing all or parts of their respective systems °o the Deed Records of Collin County,Texas; without the necessity at any time procuring permission from anyone. SCALE: 1 " = 50' 76 NC THENCE South 44 degrees 48 minutes 35 seconds West, passing a found 1/2 inch iron This plat approved subject to all platting ordinances, rules, regulations and rod for the North corner of a tract of land described in deed to John C. Hurlbert and resolutions of the City of Wylie,Texas. Sandra D. Hurlbert, as recorded in Instrument File No. 20140502000431790, of the JOSEPH EBENJAMIN JOHNSON Official Public Records of Dallas County, Texas, at a distance of 25.98 feet, continuing WITNESS, my hand,this the�_day of_____, 2019. I . NO. 20181029001342580 a total distance of 461.15 feet to a found 3/8 inch iron rod for corner; DRCCT. BY: moo° THENCE North 70 degrees 05 minutes 55 seconds West, a distance of 40.90 feet to a i/ found 1/2 inch iron rod for corner, being the West corner of said Hurlbert tract, and Authorized Signature of Owner being a Northeast corner of a tract of land described in deed to Wylie DPV Limited Partnership, as recorded in Instrument File No. 201300334380, of the Official Public Records of Dallas County,Texas; Printed Name and Title i 6�'cP- THENCE North 72 degrees 46 minutes 55 seconds West, along said Wylie DPV Limited Partnership tract, a distance of 396.13 feet to a found 1/2 inch iron rod for corner, STATE OF TEXAS: • being a point on the Southwest line of a tract of land described in deed to Remainder COUNTY OF // S i of Larry Morgan, as recorded in Volume 74094, Page 263, of the Deed Records of Before me, the undersigned authority, a Notary Public in and for the State of A op / Dallas County,Texas; Texas, on this day personally appeared , Owner, known 60, // to me to be the person whose name is subscribed to the foregoing instrument / 50' R 0 W. DEDICATION �d /' THENCE North 44 degrees 37 minutes 37 seconds East, passing a found 1/2 inch iron and acknowledged to me that he executed the same for the purpose and / BY THIS PLAT T` Doi rod for the reference at a distance of 637.30 feet, continuing a total distance of considerations therein expressed. S 1�i 662.30 feet to the PLACE OF BEGINNING and containing 218,366 square feet or 5.013 ADD �� °so o acres of land. Given under my hand and seal of office, this day of , 2019. OAN HERNANDEZ O�' ��; 90 I NO. 20150304000239430 MD F 5,9, STEVE CONKLE � D.R.C.CT. VOLUME 5445, PAGE 4830 , A` D.R.C.C.T. Notary Public in and for the State of Texas 0 1/ ., \'C 6 IAr?,' My Commission Expires On: ,YO -TO SURVEYOR'S CERTIFICATE: Aso KNOW ALL MEN BY THESE PRESENTS: Vo 0o, / UN _ o "RECOMMENDED FOR APPROVAL" That I, Barry S. Rhodes, do hereby certify that I prepared this plat from an ° actual and accurate survey of the land and that the corner monuments shown thereon as set were properly placed under my personal supervision in / Chairman, Planning&Zoning Commission Date accordance with the Subdivision Ordinance of the City of Wylie. GUADALUPE DE Los SANTOS SURVEY, ABSTRACT No. 1100 City of Wylie,Texas , , P 6 OF lF... . �,. GUADALUI'L DE LOS SAN.OS BURNED ABSTRACT NO. 1384 APPROXIMATE. 1 C�;' &G\STER •..d' LOCATION OFF -�A� FQ••, COUNTY L1NL i "APPROVED FOR CONSTRUCTION" Barry S. Rhodes `4 Registered Professional Land Surveyor No. 3691 BARRY S. RHODES • -03691 �P�.: Mayor, City of Wylie,Texas Date % °Fels\o LOT 1 STATE OF TEXAS: `�'v0 SUR�Eya� 208,989 SQ.FT. REMAINDER OF LARRY MORGAN COUNTYF_ • VOLUME 74094, PAGE 263 4.798 ACRES D.R.D.CT. "ACCEPTED" Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Barry Rhodes, Land Surveyor, known to <9 Mayor, City of Wylie,Texas Date me to be the person whose name is subscribed to the foregoing instrument and N' acknowledged to me that he executed the same for the purpose and co considerations therein expressed. The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final plat of the B&L PARK, subdivision or addition to Collin County and Given under my hand and seal of office, this day of , 2019. <9 Dallas County was submitted to the City Council on the day of , 6 Lb� 2019, and the Council, by formal action, then and there accepted the dedication of i streets, alley, parks, easement, public places, and water and sewer lines as shown and Notary Public in and for the State of Texas �� O� set forth in and upon said plat and said Council further authorized the Mayor to note JOHN C. HUREeERT the acceptance thereof bysigning his name as hereinabove subscribed. Tz; & SANDRA o. HURLBERT p g g My Commission Expires On: 62' IF. NO. 20140502000431790 o.P.R.D.c.r. Witness my hand this day of , A.D., 2019. 2 46 SS" Id/ City Secretary Co6. 73 FLOOD NOTE: City of Wylie,Texas THE PROPERTY SHOWN HEREON IS LOCATED WITHIN THE FOLLOWING FEDERAL FINAL PLAT EMERGENCY MANAGEMENT AGENCY (F.E.M.A.) ZONES AS DEPICTED ON THE FLOOD LOT 1 INSURANCE RATE MAP (FIRM) No. / j, 48085C 0535 J ZONE X DATED 6-2-2009 (COLLIN COUNTY) B& L PARK 05'S a WYLIE DPV LMIrED PARTNERSHIP ' 0_9 ,0 <jj 48113C 0235 K ZONE X DATED 7-7-2014(DALLAS COUNTY) BEING 218,366 SQ.FT. OR 5.013 ACRES OUT OF THE I NO. 201500354380 o.P R.D c.T. ZONE X - AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE GUADALUPE DE LOS SANTOS SURVEY, FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS ABSTRACT NO. 1100 (COLLIN COUNTY) LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL & ABSTRACT N0. 1384 DALLAS COUNTY CHANCE FLOOD. ( ) NOTICE: Selling a portion of this addition by metes and bounds is a violation CITY OF WYLIE ETJ of City ordinance and State law, and is subject to fines and withholding of utilities and building permits. COLLIN COUNTY AND DALLAS COUNTY, TEXAS GPS COORDINATES ARE RECTIFIED TO NAD 83 STATE PLANE COORDINATE SYSTEM OWNER: B&L INVESTMENT PROPERTIES, LLC NORTH CENTRAL TEXAS ZONE 4202. 7153 CORNELIA LANE, DALLAS, TX 75214 (972) 948-5453 DALLAS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT'S CERTIFICATION: HEALTH DEPARTMENT CERTIFICATION: SUBJECT TO BLANKET EASEMENT TO LONE STAR GAS COMPANY, VOLUME 890, PAGE 423, D.R.C.C.T., VOLUME 1546, PAGE 259, D.R.D.C.T. LEGEND I hereby certify that the water and on-site wastewater facilites described on this Final I hereby certify that the on-site sewage facilities described on this plat conform to the SURVEYOR: BARRY S. RHODES, REGISTERED PROFESSIONAL LAND SURVEYOR CHAIN LINK —0— Plat conform to applicable health laws of the State of Texas. This Final Plat meets applicable OSSF laws of the State of Texas, that site evaluations have been submitted SUBJECT TO EASEMENT TO TEXAS POWER & LIGHT COMPANY, VOLUME 313, PAGE 7509 PENNRIDGE CIRCLE ROWLETT TX 75088 - 214 326-1090 01/2"MRD MONUMENTS of RECORD DIGNITY current Dallas Countyrequirements related to water supply, se tic systems, lot sizes, representing the site conditions in the area in which on-site sewage facilities are 144, VOLUME 526, PAGE 498, D.R.C.C.T., VOLUME 2016, PAGE 466, VOLUME 4660, ( ) IRON ROD FOUND qp ' Y p g g g1/2"YELLOW-CAPPED IRON ROD SE1 and site evaluation. This does not constitute license, permit, or approval of any planned to be used. PAGE 177, D.R.D.C.T. (NOT LOCATABLE BY DESCRIPTION) FIRM N0. 10194366 5/8" IRON ROD FOUND :::POINT FOR CORNER specific individual private water facility or private On Site Sewerage Facility (OSSF) CLEAN our SUBJECT TO EASEMENT TO CITY OF GREENVILLE, VOLUME 4427, PAGE 229, D.R.D.C.T. N° GAS MErFR owER PorE system design or installation. �N FIRE HYDRANT T TELEPIZONE � DATE 7-31-2Q19 LIRE POLE W WATER METER Registered Sanitarian or Designated Representative (NOT LOCATABLE BY DESCRIPTION) \ la MI - MANHOLE V - WATER VALVE ' Collin County Development Services � o I DRAWN BY: MS - PROJECT NO. 201905336 ( UNLESS OTHERWISE NOTED ) SUBJECT TO BLANKET EASEMENT TO EAST FORK SPECIAL UTILITY DISTRICT, VOLUME A ° K$ A 1 D A J KV °�' `;o �`X° °i.`1 `.cP ' U,V �ti �V {F` V �;�,�< `}�` Director of Dallas County Health and Human Services Department 5928, PAGE 3423, & I.F. NO. 2010-0677840, D.R.C.C.T. A� � � � N H V N �o ��� Volume or Cabinet , Page or Slide SHEET 1 OF 1 Wylie CityCouncil Y AGENDA REPORT Meeting Date: September 24, 2019 Item Number: C Department: Purchasing (City Secretary's Use Only) 100-5181-56570 $27,812.50 Prepared By: Glenna Hayes Account Code: 461-5461-56570 $27,812.50 Date Prepared: September 13, 2019 Exhibits: Subject Consider, and act upon, the first modification to PSPO #W2018-92-E for the 2018 Parks, Recreation and Open Space Master Plan, Braddock Park Master Plan, and Parkside Park Master Plan to Dunaway Associates L.P. in the amount of $55,625.00 and authorizing the City Manager to execute any necessary documents. Recommendation A motion to award the first modification to PSPO#W2018-92-E for the 2018 Parks, Recreation and Open Space Master Plan, Braddock Park Master Plan, and Parkside Park Master Plan to Dunaway Associates L.P. in the amount of $55,625.00 and authorizing the City Manager to execute any necessary documents. Discussion On April 30, 2018. the Wylie City Council approved the award for the 2018 Parks,Recreation and Open Space Master Plan, Braddock Park Master Plan and Parkside Park Master Plan to Dunaway Associates, L.P. in the amount of $201,720.00. The original award for the Recreation and Open Space Master Plan encompassed the assessment of the current condition of Parks and Recreation facilities and programs, and establishment of a vision plan that includes list of recommendations and budget requirements. In addition the award authorized the creation of two(2)park conceptual designs for the Braddock Park(1300 Elm Drive) and Parkside Park(2106 Lakefield Drive),to provide a layout for park amenities, and assist staff and the Parks and Recreation Board to develop the direction for future development for those parks. With the potential for development of parkland in and around the Municipal Complex,this modification will review the impact of additional facilities, including site analysis, programming, development of concept alternatives and a development of a conceptual final master plan with budget projections. Staff recommends the approval of modification #1 in the amount of$55,625.00 to Dunaway Associates L.P. Page 1 of 1 Wylie City Council oF 1 AGENDA REPORT Meeting Date: September 24, 2019 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: September 17, 2019 Exhibits: Financial Management Policies Subject Consider, and act upon, approving the Financial Management Policies. Recommendation Motion to approve the Financial Management Policies. Discussion The purpose of the Financial Management Policies is to formalize financial guidelines for the City. They will assist City staff in planning and directing the City's financial affairs and provide a document that codifies these policies in one place. The overriding goal of the Financial Management Policies is to enable the City to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter. The basis for the City's Financial Management Policies includes integrity, prudent stewardship, planning, accountability, and full disclosure. The scope of the policies spans accounting, auditing, financial reporting, internal controls, operating and capital budgeting,revenue management, expenditure control, and debt management. The Financial Management Policies were previously approved on September 25, 2018. and only one change has been made to them. Under Expenditure Control, Item J — Prepaid Expenses: for accounting guidelines, the dollar amount requirement for General Ledger coding of prepaid items has been increased from$5,000 to $10,000. Page 1 of 1 FY2019-20 City • - Financial Management Policies I. PURPOSE STATEMENT The overriding goal of the Financial Management Policies is to enable the city to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter.The watchwords of the city's financial management include integrity, prudent stewardship, planning, accountability, and full disclosure. The purpose of the Financial Management Policies is to provide guidelines for the financial management staff in planning and directing the city's day-to-day financial affairs and in developing recommendations to the City Manager. The scope of the policies spans accounting, auditing, financial reporting internal controls, operating and capital budgeting, revenue management,cash management,expenditure control and debt management. II. ACCOUNTING,AUDITING,AND FINANCIAL REPORTING A.ACCOUNTING-The city's Assistant Finance Director is responsible for establishing the chart of accounts, and for properly recording financial transactions. B. FUNDS - Self-balancing groups of accounts are used to account for city financial transactions in accordance with generally accepted accounting principles. Each fund is created for a specific purpose except for the General Fund, which is used to account for all transactions not accounted for in other funds. Funds are created and fund names are changed by City Council. C. EXTERNAL AUDITING -The city will be audited annually by outside independent auditors.The auditors must be a CPA firm of national reputation, and must demonstrate that they have the breadth and depth of staff to conduct the city's audit in accordance with generally accepted auditing standards, generally accepted government auditing standards, and contractual requirements. The auditors' report on the city's financial statements including any federal grant single audits will be completed within 120 days of the city's fiscal year end, and the auditors' management letter will be presented to the city staff within 150 days after the city's fiscal year end. An interim management letter will be issued prior to this date if any materially significant internal control weaknesses are discovered. The city staff and auditors will jointly review the management letter with the City Council within 60 days of its receipt by the staff. D. EXTERNAL AUDITORS RESPONSIBLE TO CITY COUNCIL—The external auditors are accountable to the City Council and will have access to direct communication with the City Council if the city staff is unresponsive to auditor recommendations or if the auditors consider such communication necessary to fulfill their legal and professional responsibilities. E. EXTERNAL AUDITOR ROTATION -The city will not require external auditor rotation, but will circulate requests for proposal for audit services periodically, normally at five-year intervals or less. F. EXTERNAL FINANCIAL REPORTING-The city will prepare and publish a Comprehensive Annual Financial Report (CAFR). The CAFR will be prepared in accordance with generally accepted accounting principles, and will be presented annually to the Government Finance Officers Association (GFOA) for evaluation and possibly awarding of the Certification of Achievement for Excellence in Financial Reporting. The CAFR will be published and presented to the City Council within 120 days after the end of the fiscal year. City staffing limitations may preclude such timely reporting. In such case, the Finance Director will inform the City Manager and the City Manager will inform the City Council of the delay and the reasons therefore. III. INTERNAL CONTROLS A. WRITTEN PROCEDURES-The Finance Director is responsible for developing city-wide written guidelines on accounting, cash handling, and other financial matters which will be approved by the City Manager. The Finance Department will assist department managers as needed in tailoring these guidelines into detailed written procedures to fit each department's requirements. B. INTERNAL AUDIT - The Finance Department may conduct reviews of the departments to determine if the departments are following the written guidelines as they apply to the departments. Finance will also review the written guidelines on accounting, cash handling and other financial matters. Based on these reviews Finance will recommend internal control improvements as needed. C.DEPARTMENT MANAGERS RESPONSIBLE-Each department manager is responsible to the City Manager to ensure that good internal controls are followed throughout his or her department, that all guidelines on accounting and internal controls are implemented,and that all independent and internal auditor internal control recommendations are addressed. IV. OPERATING BUDGET A. PREPARATION - The city's "operating budget" is the city's annual financial operating plan. It consists of governmental and proprietary funds, including the general obligation Debt Service Fund, but excluding capital projects funds. The budget is prepared by the City Manager with the assistance of the Finance Department and cooperation of all city departments.The City Manager transmits the document to the City Council. The budget should be presented to the City Council no later than August 5 or a date to be determined by the City Council, and should be enacted by the City Council prior to fiscal year end. The operating budget will be submitted to the GFOA annually for evaluation and possible awarding of the Award for Distinguished Budget Presentation. B. BALANCED BUDGETS-An Operating budget will be balanced, with current revenues, exclusive of beginning resources,greater than or equal to current expenditures/expenses. C. PLANNING - The budget process will be coordinated so as to identify major policy issues for City Council. D. BUDGETED DRAWDOWN OF RESERVES - One-time purchases may be requested by the City Manager through the budget process, subject to the Fund Balance Policy in section IX of the Policies. E. REPORTING - Periodic financial reports will be prepared to enable the department managers to manage their budgets and to enable the Budget Manager to monitor and control the budget as approved by the City Council. Monthly financial reports will be presented to the City Council. Such reports will include current year revenue and expenditures. F. CONTROL-Operating Expenditure Control is addressed in Section VII of the Policies. G. PERFORMANCE MEASURES AND PRODUCTIVITY INDICATORS — Where appropriate, performance measures and productivity indicators will be used as guidelines and reviewed for efficiency and effectiveness.This information will be included in the annual budgeting process. V. CAPITAL BUDGET AND PROGRAM A. PREPARATION -The city's capital budget will include all capital projects funds and all capital resources.The budget will be prepared annually on a fiscal year basis and adopted by ordinance. The capital budget will be prepared by the City Manager with assistance from the Finance Department and involvement of all required city departments. B.CONTROL-All capital project expenditures must be appropriated in the capital budget. Finance must certify the availability of resources so an appropriation can be made before a capital project contract is presented by the City Manager to the City Council for approval. C. PROGRAM PLANNING - The capital budget will include capital improvements program for future years. The planning time frame should normally be five years. The replacement and maintenance for capital items should also be projected for the next five years at a minimum. Future maintenance and operations will be fully costed, so that these costs can be considered in the operating budget. D. ALTERNATE RESOURCES - Where applicable, assessments, impact fees, or other user-based fees should be used to fund capital projects which have a primary benefit to certain property owners. E. DEBT FINANCING - Recognizing that debt is usually a more expensive financing method, alternative financing sources will be explored before debt is issued.When debt is issued, it will be used to acquire major assets with expected lives that equal or exceed the average life of the debt issue. The exceptions to this requirement are the traditional costs of marketing and issuing the debt,capitalized labor for design and construction of capital projects, and small component parts which are attached to major equipment purchases. F.STREET MAINTENANCE-The city recognizes that deferred street maintenance increases future capital costs by an estimated 5 to 10 times. Therefore, the City's goal is to allocate a portion of the General Fund budget each year to maintain the quality of streets. The amount will be established annually so that repairs will be made amounting to a designated percentage of the value of the streets. G.WATER/WASTEWATER MAIN REHABILITATION AND REPLACEMENT-The city recognizes that deferred water/wastewater main rehabilitation and replacement increases future costs due to loss of potable water from water mains and inflow and infiltration into wastewater mains. Therefore, to ensure that the rehabilitation and replacement program is adequately funded, the City's goal will be to dedicate an amount equal to at least 1 % of the undepreciated value of infrastructure annually to provide for a water and wastewater main repair and replacement program. H. REPORTING - Periodic financial reports will be prepared to enable the department managers to manage their capital budgets and to enable the finance department to monitor the capital budget as authorized by the City Manager. VI. REVENUE MANAGEMENT A. SIMPLICITY - The city will strive to keep the revenue system simple which will result in a decrease of compliance costs for the taxpayer or service recipient and a corresponding decrease in avoidance to pay.The city will avoid nuisance taxes,fees, or charges as revenue sources. B. CERTAINTY - An understanding of the revenue source increases the reliability of the revenue system.The city will try to understand its revenue sources,and enact consistent collection policies so that assurances can be provided that the revenue base will materialize according to budgets and plans. C.EQUITY-The city will strive to maintain equity in the revenue system structure.That is,the city will seek to minimize or eliminate all forms of subsidization between entities, funds, services, utilities and customers. However,it is recognized that public policy decisions may lead to subsidies in certain circumstances, e.g., senior citizen property tax exemptions or partial property tax abatement. D.ADMINISTRATION-The benefits of revenue will exceed the cost of producing the revenue.The cost of collection will be reviewed annually for cost effectiveness as a part of the indirect cost, and cost of services analysis. E.REVENUE ADEQUACY-The city will require that there be a balance in the revenue system.That is, the revenue base will have the characteristic of fairness and neutrality as it applies to cost of service, willingness to pay, and ability to pay. F. COST/BENEFIT OF ABATEMENT-The city will use due caution in the analysis of any tax,fee, or water and wastewater incentives that are used to encourage development. A cost/benefit (fiscal impact) analysis will be performed as a part of such analysis and presented to the appropriate entity considering using such incentive. G. DIVERSIFICATION AND STABILITY - In order to protect the government from fluctuations in revenue source due to fluctuations in the economy,and variations in weather(in the case of water and wastewater), a diversified revenue system will be maintained. H. NON-RECURRING REVENUES - One-time revenues will not be used for ongoing operations. Non-recurring revenues will be used only for non-recurring expenditures. Care will be taken not to use these revenues for budget balancing purposes. I. PROPERTY TAX REVENUES - Property shall be assessed at 100% of the fair market value as appraised by the Collin County Central Appraisal District. Reappraisal and reassessment shall be done regularly as required by State law. A 100% collection rate will serve as a minimum for tax collection. All delinquent taxes will be aggressively pursued, with delinquents greater than 150 days being turned over to the City Attorney or a private attorney, and a penalty assessed to compensate the attorney as allowed by State law, and in accordance with the attorney's contract. Annual performance criteria will be developed for the attorney regarding the collection of delinquent taxes. J. PARKS AND RECREATION 4B SALES TAX REVENUE- Parks and Recreation 4B sales tax revenue shall supplement but not supplant the funding for the Parks and Recreation System in the General Fund and the Recreation Center Department of the Parks and Recreation 4B Sales Tax Revenue Fund. K. USER-BASED FEES - For services associated with a user fee or charge, the direct and indirect costs of that service will be offset by a fee where possible.There will be an annual review of fees and charges to ensure that fees provide adequate coverage of costs and services. User charges may be classed as "full cost recover," "partial costs recover," and "minimal cost recovery," based upon City Council policy. L. IMPACT FEES - Impact fees will be imposed for water, wastewater, and transportation in accordance with the requirements of State law. The staff working with the particular impact fee shall prepare a semi-annual report on the capital improvement plans and fees. Additionally, the impact fees will be re-evaluated at least every three years as required by law. M. GENERAL AND ADMINISTRATIVE CHARGES - A method will be maintained whereby the General Fund can impose a charge to the enterprise funds for general and administrative services (indirect costs) performed on the enterprise funds' behalf.The calculation will be based upon the percentage of personnel time and other resources attributed to the Enterprise Fund by each department of the General Fund. The details will be documented and said information will be maintained in the Finance Department for review. N. UTILITY RATES-The city will review utility rates annually and, if necessary, adopt new rates to generate revenues required to fully cover operating expenditures, meet the legal restrictions of all applicable bond covenants, and provide for an adequate level of working capital needs. This policy does not preclude drawing down cash balances to finance current operations. However, it is best that any extra cash balance be used instead to finance capital projects. O. PARKS AND RECREATION 4B FUND BALANCE-The Parks and Recreation 4B Fund Balance shall be established to protect property tax payers from excessive volatility caused by the fluctuations in the Parks and Recreation 4B sales tax revenue. It will be funded with revenues of the Parks and Recreation 4B Fund. The city's goal will be to maintain the Fund Balance at 25% of the annual Parks and Recreation 4B sales tax budgeted revenue. P. UTILITY FUND BALANCE-The Utility Fund shall maintain a Fund Balance to protect ratepayers from excessive utility rate volatility. It may not be used for any other purpose. It will be funded with surplus revenues of the Utility Fund. The City's goal will be to maintain the Utility Fund Balance at 90 days of budgeted expenditures. Q. INTEREST INCOME - Interest earned from investment of available monies, whether pooled or not, will be distributed to the funds in accordance with the operating and capital budgets which, wherever possible, will be in accordance with the equity balance of the fund from which monies were provided to be invested. R. REVENUE MONITORING - Revenues actually received will be regularly compared to budgeted revenues and variances will be investigated. This process will be summarized in the appropriate budget report. VII. EXPENDITURE CONTROL A. APPROPRIATIONS - The level of budgetary control is the department level budget in the General Fund,and the fund level in all other funds.When budget adjustments(i.e.,amendments), among departments and/or funds are necessary these must be approved by the City Council. Budget appropriation amendments at lower levels of control shall be made in accordance with the applicable administrative procedures. B. CONTINGENCY ACCOUNT EXPENDITURES - The General Fund Contingency Account will be budgeted and approved by the City Council as a part of the budget process. The City Manager must approve all contingency account expenditures. C. VACANCY FUNDS—Savings from position vacancies will be reviewed as a part of the midyear budget amendments and savings will be either allocated to other accounts by Council approval or become unbudgeted funds to add to the ending fund balance. D. CENTRAL CONTROL - Significant vacancy (salary) and capital budgetary savings in any department will be centrally controlled by the City Manager. E. PURCHASING -All purchases shall be made in accordance with the city's purchasing policies as defined in the Purchasing Manual.Authorization levels for appropriations previously approved by the City Council in the Operating Budget are as follows: Below Directors$500.00,for Directors up to $1,000, for Purchasing Agent up to $3000.00, for Finance Director up to $7,500.00. The City Manager can authorize expenditures over$7,500.00 with any purchases exceeding$50,000.00 to be approved by the City Council. F. PROFESSIONAL SERVICES - Professional services contracts will be coordinated through the purchasing agent in compliance with statutory regulations. G. CONTRACT AUTHORITY— By statute, contracts greater than or equal to $50,000.00 must be approved by Council, after which either the Mayor or the City Manager may then sign any necessary documents.By ordinance,contracts less than$50,000.00 may be authorized and signed by the City Manager, provided there is an appropriation for such contract.Signature authority for contracts equal to or less than $1,000 has been delegated by the City Manager to the purchasing agent. H. PROMPT PAYMENT-All invoices will be paid within 30 days of receipt in accordance with the prompt payment requirements of State law. Procedures will be used to take advantage of all purchase discounts where considered cost effective. However, payments will also be reasonably delayed in order to maximize the city's investable cash, where such delay does not violate the agreed upon terms. I. INFORMATION TECHNOLOGY - Certain information technology acquisitions will be centrally funded from the Information Technology Division. Acquisitions from this division may include all related professional services costs for researching and/or implementing an information technology project.Annual funding for replacements and for new technology will be budgeted in the IS department with the exception of the Utility Fund. Additional funding above the base amount may be provided for major projects with available one-time sources including debt proceeds and/or grants. J. PREPAID EXPENDITURES—Final determination of expenditure coding in the General Ledger will be assigned to the Finance Department. Expenditure coding must remain consistent. Purchased items must fit the description of the line item they are being charged to. Amounts of$10,000 or more paid in advance or across budget years will be coded as prepaid items and charged to the next budget year. Department Directors are responsible for budgeting and paying these items accordingly. VIII. ASSET MANAGEMENT A. INVESTMENTS-The city's investment practices will be conducted in accordance with the City Council approved Investment Policies. B. CASH MANAGEMENT-The city's cash flow will be managed to maximize the cash available to invest. C. INVESTMENT PERFORMANCE-A monthly report on investment performance will be provided by the Finance Director to the City Manager for presentation to the City Council. D. FIXED ASSETS AND INVENTORY - These assets will be reasonably safeguarded, properly accounted for, and prudently insured. IX. FINANCIAL CONDITION AND RESERVES A. NO OPERATING DEFICITS-Current expenditures will be paid with current revenues. Deferrals, short-term loans, or one-time sources will be avoided as budget balancing techniques. Reserves will be used only for emergencies on non-recurring expenditures, except when balances can be reduced because their levels exceed guideline minimums. B. INTERFUND LOANS - Non-routine interfund loans shall be made only in emergencies where other temporary sources of working capital are not available and with the approval of the City Council.At the time an interfund loan is considered,a plan to repay it prior to fiscal year end shall also be considered. A fund will only lend money that it will not need to spend for the next 365 days. A loan may be made from a fund only if the fund has ending resources in excess of the minimum requirement for the fund. Loans will not be made from the city's enterprise funds (Water/Wastewater, etc.), except for projects related to the purpose of the fund.Total interfund loans outstanding from a fund shall not exceed 15%of the target fund balance for the fund. If any interfund loan is to be repaid from the proceeds of a future debt issue, a proper reimbursement resolution will be approved at the time the loan is authorized. C. FUND BALANCE POLICY 1. Committed Fund Balance — The City Council is the City's highest level of decision- making authority and the formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution approved by the Council at the City's Council meeting. The resolution must either be approved or rescinded, as applicable, prior to the last day of the fiscal year for which the commitment is made. The amount subject to the constraint may be determined in the subsequent period. 2. Assigned Fund Balance — The City Council has authorized the City Manager as the official authorized to assign fund balance to a specific purpose as approved by this fund balance policy. 3. Order of Expenditure of Funds — When multiple categories of fund balance are available for expenditure, the City will start with the most restricted category and spend those funds first before moving down to the next category with available funds. 4. Minimum General Fund Unassigned Fund Balance—It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to 25% of expenditures. The City considers a balance of less than 20% to be cause for concern, barring unusual or deliberate circumstances. If unassigned fund balance falls below the goal or has a deficiency,the City will appropriate funds in future budgets to replenish the fund balance based on a time table deemed adequate by the City Council. 5. Minimum Utility Fund Balance — The Utility Fund shall maintain a Fund Balance to protect ratepayers from excessive utility rate volatility. It will be funded with surplus revenues of the Utility Fund. The City's goal will be to maintain the Utility Fund ending Fund Balance at 90 days of budgeted expenditures. 6. Minimum Parks and Recreation 4B Fund Balance—The Parks and Recreation 4B Fund Balance shall be established to protect property tax payers from excessive volatility caused by the fluctuations in the Parks and Recreation 4B sales tax revenue. It will be funded with revenues of the Parks and Recreation 4B Fund. The City's goal will be to maintain the Parks and Recreation 4B Fund ending Fund Balance at 25%of budgeted 4B sales tax revenues. D.RISK MANAGEMENT PROGRAM-The city will aggressively pursue every opportunity to provide for the public's and city employees' safety and to manage its risks. E. ENTEPRISE FUND SELF-SUFFICIENCY-The city's enterprise funds' resources will be sufficient to fund operating and capital expenditures. The enterprise funds will pay (where applicable) their fair share of general and administrative expenses, in-lieu-of-property taxes and/or franchise fees. If an enterprise fund is temporarily unable to pay all expenses,then the City Council may waive general and administrative expenses, in-lieu-of-property taxes and/or franchise fees until the fund is able to pay them.The City Council may pay out-of-pocket expenses that a fund is temporarily unable to pay with interfund loans,to be repaid at a future date. X. DEBT MANAGEMENT A. GENERAL - The city's borrowing practices will be conducted in accordance with the prudent industry practices and subject to City Manager approval. B.SELF-SUPPORTING DEBT-When appropriate, self-supporting revenues will pay debt service in lieu of tax revenues. C. ANALYSIS OF FINANCING ALTERNATIVES - The city will explore all financing alternatives in addition to long-term debt including leasing, grants and other aid, developer contributions, impact fees, and use of reserves or current monies. D. VOTER AUTHORIZATION - The city shall obtain voter authorization before issuing General Obligation Bonds as required by law. Voter authorization is not required for the issuance of Revenue Bonds. However,the city may elect to obtain voter authorization for Revenue Bonds. XI. STAFFING AND TRAINING A. ADEQUATE STAFFING - Staffing levels will be adequate for the fiscal functions of the city to function effectively. Overtime shall be used only to address temporary or seasonal demands that require excessive hours. Workload scheduling alternatives will be explored before adding staff. B.TRAINING-The city will support the continuing education efforts of all financial staff including the investment in time and materials for maintaining a current perspective concerning financial issues. Staff will be held accountable for communicating, teaching, and sharing with other staff members all information and training materials acquired from seminars,conferences,and related education efforts. XII. GRANTS FINANCIAL MANAGEMENT A. GRANT SOLICITATION - The City Manager will be informed about available grants by the departments and will have final approval over which grants are applied for.The grants should be cost beneficial and meet the city's objectives. B. RESPONSIBILITY- Departments will oversee the day to day operations of grant programs, will monitor performance and compliance,and will also keep the Finance Department and Purchasing informed of significant grant-related plans and activities. Departments will also report re- estimated annual revenues and expenses to the Finance Department as needed. Finance Department staff members will serve as liaisons with grantor financial management personnel, will prepare invoices, and will keep the books of account for all grants. All goods and services obtained through grants are subject to City purchasing policies and must be coordinated with the purchasing agent. XIII. ANNUAL REVIEW AND REPORTING A.These Policies will be reviewed administratively by the City Manager at least annually, and will be presented to the City Council by the Finance Department for confirmation of any significant changes. B.The Finance Director will report annually to the City Manager on compliance with these policies. Wylie City Council oF 1 AGENDA REPORT Meeting Date: September 24, 2019 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: September 17, 2019 Exhibits: Investment Policy/Resolution Subject Consider, and act upon, Resolution No. 2019-23(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities. Recommendation Motion to approve Resolution No. 2019-23(R) approving the current Investment Policy. Discussion Texas Government Code requires that the governing body of an investing entity review its investment policy not less than annually. The governing body should adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and that the written instrument so adopted shall record any changes made to the investment policy. There is one change made to the policy this year: The investment committee was previously described as the City Attorney,the City Manager and the Finance Director. This has been changed to the City Manager,the Finance Director and the Assistant Finance Director. Page 1 of 1 RESOLUTION NO. 2019-23(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE CURRENT INVESTMENT POLICY, PROVIDING FOR SCOPE OF THIS POLICY, PROVIDING FOR INVESTMENT OBJECTIVES, PROVIDING FOR AN INVESTMENT COMMITTEE, PROVIDING FOR DELEGATION OF AUTHORITY, PROVIDING INVESTMENT STRATEGIES BY POOLED FUND GROUPS, PROVIDING FOR STANDARD OF CARE, PROVIDING FOR OTHER INVESTMENT GUIDELINES, PROVIDING FOR INVESTMENTS AUTHORIZED BY PUBLIC FUNDS INVESTMENT ACT AND INVESTMENTS UNAUTHORIZED BY THE CITY, PROVIDING FOR PORTFOLIO DIVERSIFICATION AND MATURITY LIMITS, PROVIDING FOR SELECTION OF BROKERS/DEALERS, PROVIDING FOR SELECTION OF DEPOSITORIES, PROVIDING FOR SAFEKEEPING AND CUSTODY, PROVIDING FOR RECORD KEEPING AND REPORTING, PROVIDING FOR ETHICS AND CONFLICTS OF INTEREST, PROVIDING FOR POLICY REVISIONS; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS,the Public Funds Investment Act, as amended, requires the City of Wylie to adopt the investment policy by rule, order, ordinance or resolution; and WHEREAS,the Investment Policy was originally approved December 12, 2006; and WHEREAS, the Investment Policy complies with the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities and Subchapter B—Miscellaneous Provisions as amended, and authorizes the investment of City funds in safe and prudent investments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT the City of Wylie has complied with the requirements of the Public Funds Investment Act and the Investment Policy, attached hereto, is adopted as the investment policy of the City effective September 24, 2019. DULY PASSED AND ADOPTED by the City Council of the City of Wylie, Texas this 24th day of September 2019. Eric Hogue, Mayor ATTESTED BY: Stephanie Storm, City Secretary Resolution No. 2019-23(R) Amendment of Investment Policy y r INVESTMENT POLICY AS INVESTMENT POLICY Table of Contents I. INTRODUCTION 1 II. SCOPE 1 III. OBJECTIVES 1. Safety 1 Liquidity 1 Diversification 1 Yield 1 IV. INVESTMENT COMMITTEE 2 V. DELEGATION OF AUTHORITY 2 VI. INVESTMENT STRATEGY 3 Operating Funds 3 Debt Service Funds 3 Debt Service Reserve Funds 3 Special Projects and Special Purpose Funds 3 VII. STANDARD OF CARE 3 VIII. INVESTMENTS AUTHORIZED BY THE CITY 4 IX. OTHER INVESTMENT GUIDELINES 5 X. DIVERSIFICATION AND MATURITY LIMITS 5 XI. SELECTION OF BROKER/DEALERS 6 XII. SAFEKEEPING AND CUSTODY 6 XIII. RECORD KEEPING AND REPORTING 7 X1V. ETHICS AND CONFLICTS OF INTEREST 8 XV. POLICY REVISIONS 9 APPENDIX A-BROKER/DEALER QUESTIONNAIRE APPENDIX B -CERTIFICATION BY DEALER INVESTMENT POLICY I. INTRODUCTION The City's principal investment objectives, in order of priority, are listed below. Chapter 2256 of Title 10 of the Local Government Code (herein after referred to as the "Public Funds Safety. The primary objective of the City's investment Investment Act") prescribes that each city is to adopt activity is the preservation of principal (capital) in the written rules governing its investment practices and to overall portfolio. Each investment transaction shall define the authority of the investment officer. The seek first to ensure that capital losses are avoided, following Investment Policy addresses the methods, whether the loss occurs from the default of a security procedures, and practices which must be exercised to or from erosion of market value. ensure effective and judicious fiscal management of the City's funds. This Policy shall not apply to the Liquidity.The City's investment portfolio will remain selection, retention or other issues concerning the sufficiently liquid to enable the City to meet operating depositories of the City's funds in demand deposits as requirements that might be reasonably anticipated. provided under Chapter 105 of the Local Government Liquidity shall be achieved by matching investment Code. maturities with forecasted cash flow requirements, by investing in securities with active secondary markets, II. SCOPE and by using state or local investment pools. This Policy shall apply to the investment and Diversification. The governing body recognizes that management of all funds of the City under its control, in a diversified portfolio, occasional measured losses other than those expressly excluded herein or by due to market volatility are inevitable, and must be applicable law or valid agreement. This Policy shall considered within the context of the overall portfolio's not supersede the restrictions on investment and use return,provided that adequate diversification has been applicable to any specific fund and, in the event of any implemented. Therefore, assets held in the common conflict between this Policy and the requirements of investment portfolio shall be diversified to eliminate any fund subject hereto, the specific requirement the risk of loss resulting from one concentration of applicable to such fund shall be followed as well as all assets in a specific maturity, a specific issuer or a other provisions of this Policy other than those in specific class of securities. conflict. The Employees Deferred Compensation Agency Fund is excluded from coverage under this Yield. The investment portfolio goal (benchmark) Policy. against which the yield is compared will be established from time to time by the Finance Director. In order to make effective use of the City's resources, Recommendations by the Investment Committee will all monies shall be pooled into one bank account, be considered when the performance measure is being except for those monies required to be accounted for established. Efforts to seek higher than the above goal in other bank accounts as stipulated by applicable must be consistent with risk limitations identified in laws, bond covenants or contracts. The bank account this policy and prudent investment principles. The will be maintained by pooled fund group for purposes City's investment portfolio shall be designed with the of implementing pooled fund strategies and reporting. objective of attaining a rate of return which is The income derived from this pooled investment consistent with the risk limitations and cash flow account shall be distributed by fund in accordance characteristics of the City's investments. with the City's internal procedures. IV. INVESTMENT COMMITTEE III. OBJECTIVES An investment committee consisting of the City Manager, the Director of Finance and the Assistant INVESTMENT POLICY Director of Finance will meet on a quarterly basis.The With written approval from the City Manager, the Investment Committee shall be authorized to invite Director may delegate any phase of the investment advisors to the meetings as needed. management program to members of the City staff. Such approval shall state specifically the functions The investment officer will present a brief report of such person is authorized to perform or that the person investment activities to the Investment Committee. is authorized to perform all activities of the Director The primary objectives of the committee will be to under this Policy. The Director shall obtain and maintain, at the City's expense, fidelity bonds for (1) make recommendations regarding investment himself and each of his designees in amounts strategies determined adequate by the Director (which shall not (2) approve a list of authorized brokers, dealers, be less than five percent of the amounts subject to this banks, savings and loans, credit unions, and Policy) for each fiscal year as shown by the approved pools budget. No person may engage in an investment (3) recommend a list of authorized training transaction except as provided under the terms of this sources for the state mandated investment Policy and the internal procedures established by the training and Director. A current list of persons authorized to (4) monitor program results. transact investment business and wire funds on behalf of the City shall be maintained by the Director. The committee shall include in its deliberations such topics as performance reports, economic outlook, At the discretion of either the City Manager or the portfolio diversification, maturity structure, potential Director and in any event upon the termination or risk to the city's funds, and the target rate of return on reassignment of any member of the Director's staff the investment portfolio. The Investment Committee authorized to conduct transactions for the City shall provide for minutes of its meetings. pursuant to this Policy, the authority of such person shall be revoked and such revocation of authority shall V.DELEGATION OF AUTHORITY be immediately communicated by the Director orally and in writing to each and every depository, Management responsibility for the investment broker/dealer, investment advisor,custodian and other program is delegated by the City Council to the City agency or entity with whom the City has any existing Manager who will designate the Finance Director as or continuing relationship in the management of its Investment Officer (hereinafter referred to as the investments. "Director"). The Director's authority will at all times be limited by conformance with all Federal VI. INVESTMENT STRATEGY regulations, State of Texas statutes and other legal requirements including the City Charter and City The City of Wylie maintains a pooled investment Ordinances, including this Policy. portfolio. The pooled portfolio utilizes specific investment strategies designed to address the unique The Director shall develop and maintain written characteristics of the pooled investment portfolio. The administrative procedures for the operation of the pooled investment portfolio includes Operating Funds, investment program consistent with this Policy. The Debt Service Funds, Debt Service Reserve Funds, controls shall be designed to prevent, identify and Capital Projects and Special Purpose Funds. control losses of public funds arising from deviation Investment strategies for these different groups are from this Policy, fraud, employee error, and detailed below. misrepresentation by third parties, or imprudent actions by employees and officers of the City. (1) Investment strategies for operating, debt service,capital project,and special purpose funds have 11. 0. J .. .a' •.1... .. (1 INVESTMENT POLICY as their primary objective to assure that anticipated (2) whether the investment decision was cash outflows are matched with adequate investment consistent with the written investment policy liquidity. The secondary objective is to create a of the City. portfolio structure which will experience minimal volatility during economic cycles. The Director and his staff shall recognize that the investment activities of the City are a matter of public (2) The investment strategy for the debt service record. Therefore, all participants in the investment reserve funds shall have as the primary objective the process shall seek to act responsibly as custodians of ability to generate a dependable revenue stream from the public trust. Investment officials shall avoid any securities with a low degree of volatility. Securities transactions that might impair public confidence in the should be of high quality, with short to intermediate City's ability to govern effectively. term maturities. Except as may be required by a bond ordinance, securities should be of high quality with VIII.INVESTMENTS AUTHORIZED BY THE short to intermediate-term maturities. CITY OF WYLIE VII. STANDARD OF CARE Authorized investments for municipal governments in the State of Texas are set forth in the Public Funds Investments shall be made with judgment and care, Investment Act, as amended (Section 2256.009- under prevailing circumstances, that a person of 2256.019, Government Code). However, suitable prudence, discretion, and intelligence would exercise investments for the City of Wylie are limited to the in the management of the person's own affairs, not for following. speculation, but for investment, considering the probable safety of capital and the probable income to (I) Direct obligations of the United States or its be derived. Investment of funds shall be governed by agents and instrumentalities with a stated maturity of the following investment objectives, in order of 5 years or less. priority: (2) Certificates of deposit issued in the State of (I) preservation and safety of principal; Texas with a maximum maturity of 2 years or less and insured by the Federal Deposit Insurance Corporation. (2) liquidity; and (3) Fully collateralized direct repurchase (3) diversification; and agreements with a defined termination date of 2 years or less which are secured by obligations of the United (4) yield. States or its agencies and instrumentalities and pledged with a third party in the City's name. The In determining whether an investment officer has agreement must be placed through a primary exercised prudence with respect to an investment government securities dealer, as defined by the decision, the determination shall be made taking into Federal Reserve, or by a financial institution doing consideration: business in the State of Texas. Each issuer of repurchase agreements shall be required to sign a (1) the investment of all funds,or funds under the master repurchase agreement. City's control, over which the officer had responsibility rather than a consideration as to (4) Approved investment pools as described in the prudence of a single investment; and Section 2256.016 which are continuously rated no lower than AAA,AAA-m or an equivalent rating by at 11. 0. J .. .a' •.1... .. (1 INVESTMENT POLICY least one nationally recognized rating agency and have It is the policy of the City to avoid concentration of a weighted average maturity no greater than 90 days. assets in a specific maturity, a specific issue, or a specific class of securities, with the exception of U.S. IX. OTHER INVESTMENT GUIDELINES Treasury issues. The asset allocation in the portfolio should, however, be flexible depending upon the The City seeks active management of its portfolio outlook for the economy and the securities markets. assets. In order to meet the objectives of this Policy, the City may from time to time sell securities that it The City will not exceed the following maximum owns in order to better position its portfolio assets. limits as a percentage of the total portfolio for each of Sales of securities prior to maturity shall be the categories listed below: documented and approved by the Director before such o a transaction is consummated. Sales of securities Max. /o yielding net proceeds less than 92% of the book value of Max. of the securities must be approved in advance and in Investment Category Portfolio Maturity writing by the City Manager. Three examples of Obligations of the United 100% 5 years situations involving the sale of securities prior to States or its agencies and maturity are instrumentalities. (1) swap - to sell an investment to realize a Certificates of Deposit 25% 18 mon. capital gain, (2) To better position selected investments Repurchase Agreements 100% 2 years due to a change in market conditions, NOT Reverse Repurchase Agreements (3) To react to emergency liquidity demands. The Director shall evaluate how each security Each investment transaction must be based upon purchased fits into the City's overall investment competitive quotations received from at least three strategy. broker/dealers who have been approved by the City in accordance with Texas law. At all times the City shall maintain 10 percent of its total investment portfolio in instruments maturing in The purchase and sale of all securities shall be on a 90 days or less. The weighted average maturity of all delivery versus payment or payment versus delivery securities and certificates of deposit in the City's total basis (i.e., for securities purchases, monies will not be investment portfolio at any given time (not including released by the City's safekeeping bank until securities cash or demand deposits) shall not exceed 2 years. are received at the Federal Reserve Bank for further credit to the City's safekeeping bank. In the case of XI. SELECTION OF BROKERS/DEALERS securities sales, monies will be received by the City's safekeeping bank via the Federal Reserve Bank as the The City shall maintain a list of broker/dealers and securities are simultaneously released to the financial institutions which have been approved for purchaser). In this manner the City will always have investment purposes by the investment committee. possession of either its securities or its monies. (For the purpose of this investment policy, Broker/dealer will be used to refer to any brokerage X. DIVERSIFICATION AND MATURITY firm, bank, investment pool, or financial institution LIMITS with which the City does investment business). Securities may only be purchased from those INVESTMENT POLICY authorized institutions and firms. The authorized to both parties. An investment officer of the City may broker/dealers will be reviewed at least annually. To not buy any securities from a person who has not be eligible, a broker/dealer must meet at least one of delivered to the City an instrument substantially in the the following criteria: 1) be recognized as a Primary form provided by this policy. Dealer as defined by the New York Federal Reserve Market Reports Division; or 2) complies with The Director shall review the quality of service and Securities and Exchange Commission Rule 15C3-1, financial stability of each broker/dealer and financial the Uniform Net Capital Requirement Rule. If the institution approved under this Section at least City's depository bank also provides custodial and annually. Any approved broker/dealer or financial safekeeping services for the City, the bank may not be institution may be removed from the list of approved included as an authorized broker/dealer for the City. broker/dealers with the approval of the Director, if in However, non-negotiable Certificate of Deposits are the opinion of the Director,the firm has not performed exempt from this policy. adequately or its financial position is considered inadequate. Broker/dealers will be selected and recommended to the investment committee by the Director on the basis of their financial stability, expertise in cash XII. SAFEKEEPING AND CUSTODY management and their ability to service the City's account. Each broker/dealer that has been authorized Investment securities purchased for the City will be by the City shall be required to submit and annually delivered by either book entry or physical delivery and update a Broker/Dealer Information Request form shall be held in third-party safekeeping by a Federal which includes the firm's most recent financial Reserve Member financial institution designated as statements. The Director shall maintain a file which the City's safekeeping and custodian bank. The City includes the most recent Broker/Dealer Information may designate more than one custodian bank. The Request foiuns submitted by each firm approved for City shall execute a Safekeeping Agreement with each investment purposes. A copy of the submitted bank prior to utilizing the custodian's safekeeping Broker/Dealer Information Request forms as well as a services. Only a state or national bank located within list of those broker/dealers approved by the City shall the State of Texas may be utilized as a custodian of be maintained by the Director(See Appendix A). securities pledged to secure certificates of deposit. The safekeeping agreement must provide that the The City of Wylie will provide all approved securities safekeeping bank will immediately record and dealers with a copy of the City's Investment Policy. A promptly issue and deliver a signed safekeeping principal in the firm must execute a written statement receipt showing the receipt and the identification of acknowledging receipt and review of the policy and a the security, as well as the City's interest. statement acknowledging that reasonable procedures and controls have been implemented to preclude The Director shall maintain a list of designated imprudent investment activities being conducted custodian banks and a copy of the Safekeeping between the entity and the securities firm (See Agreement executed with each custodian bank. Appendix B). The City must approve release of securities in writing All approved broker/dealer firms must have a prior to their removal from the custodial account. A completed City of Wylie broker/dealer questionnaire, telephone facsimile of a written authorization shall be investment policy, written acknowledgment per above sufficient if the custodian orally confirms receipt of guidelines, executed master repurchase agreement, if the transmission and an exact copy of the document is applicable, and current financial information on file. retained in the City's files. In no event shall the Certification language should be mutually acceptable custodial bank be an authorized depository bank, INVESTMENT POLICY issuer of repurchase agreements in which the City At least annually, the Director shall verify that all invests or broker/dealer of securities on behalf of the securities purchased by or pledged to the City are on City. hand in appropriate form. The City, in conjunction with its annual financial audit, shall perform a All securities shall be confirmed in the name of the compliance audit of management controls on City and delivered to an approved custodial bank or investments and adherence to the City's established carried at a Federal Reserve Bank in the name of the investment policies. City. The Custodian shall not otherwise deposit purchased or pledged securities. All book entry Each depository of the City's funds shall maintain securities owned by the City shall be evidenced by a separate, accurate and complete records relating to all safekeeping receipt issued to the City and signed by deposits of the City's funds, the securities pledged to the appropriate officer at the custodian bank stating secure such deposits and all transactions relating to the that the securities are held in the Federal Reserve pledged securities. Each approved custodian shall System in a CUSTOMER ACCOUNT naming the maintain separate, accurate and complete records City as the"customer." In addition,the custodian bank relating to all securities received on behalf of the City, will, when requested, furnish a copy of the delivery whether pledged, purchased or subject to repurchase advice received by the custodian bank from the agreement, as well as all transactions related to such Federal Reserve Bank. securities. In addition, each depository shall file all reports required by the Texas State Depository Board. All certificated securities (those transferred by Each depository and custodian shall agree to make all physical delivery) shall: 1) be held by an approved the records described in this paragraph available to the custodian bank or any correspondent bank in New Director or designee and the City's auditors at any York City approved by the Director; and 2) the reasonable time. correspondent bank or the City's safekeeping bank shall issue a safekeeping receipt to the City evidencing All broker/dealers, custodians, depositories and that the securities are held by the correspondent bank investment advisors shall maintain complete records for the City. of all transactions that they conducted on behalf of the City and shall make those records available for The original safekeeping receipt for each transaction inspection by the Director or other representatives including purchased securities under a repurchase designated by the City Council or City Manager. agreement and collateral securing deposits will be forwarded to the Director or his designee and held in a All sales of securities for less than the book value of secured file by the City. the security shall be approved by the Director. Sales of securities for less than 92 percent of the book value XIII. RECORD KEEPING AND REPORTING of the securities must be approved by both the City Manager and the Director. A record shall be maintained of all bids and offerings for securities transactions in order to ensure that the An investment report shall be prepared by the Director City receives competitive pricing. All transactions and signed by each officer and employee of the City shall be documented by the person authorizing the authorized to conduct any of the City's investment transaction in a form that shows that person's name, activity,on a annual basis listing all of the investments the party instructed to execute the transaction,the date, held by the City, beginning and ending market value a description of the transaction and a brief statement for period, the current market valuation of the of the reason(s) for the transaction. investments and transaction summaries, including a detailed list of the gains and losses recognized. The market value will be determined by: (1)written reports INVESTMENT POLICY such as the Wall Street Journal; (2) on-line services investment advisors. Employees and officers shall not such as Bloomberg; or(3)through a primary dealer or utilize investment advice concerning specific national bank that is independent of the specific securities or classes of securities obtained in the security being valued. The report must state the transaction of the City's business for personal pooled fund group for each asset/security. The report investment decisions, shall in all respects subordinate shall explain the total investment return during the their personal investment transactions to those of the previous quarter and compare the portfolio's City, particularly with regard to the timing of performance to other benchmarks of performance. If purchases and sales and shall keep all investment invested in securities, the City's audit firm must advice obtained on behalf of the City and all review the quarterly reports annually and the result of transactions contemplated and completed by the City the review shall be reported to the City Council by that confidential, except when disclosure is required by auditor. law. Within 90 days after the end of the City's fiscal year, An investment officer of the City who has a personal the Director shall prepare, sign and deliver to the City business relationship with an organization seeking to Manager and the City Council an annual report on the sell an investment to the City shall file a statement City's investment program and investment activity disclosing that personal business interest. An which has also been signed by each officer and investment officer who is related within the second employee of the City authorized to conduct any of the degree by affinity or consanguinity to an individual City's investment activity. The annual report shall seeking to sell an investment to the City shall file a include full year investment returns. Such annual statement disclosing that relationship. A statement report shall include an analysis of the compliance with required under this subsection must be filed with the this Policy as well as changes in the applicable laws Texas Ethics Commission and the governing body of and regulations during the previous year and may the City. include any other items of significance related to the investment program. The annual investment report XV. POLICY REVISIONS will be reviewed as a part of the annual audit. This Investment Policy will be reviewed at least XIV. ETHICS AND CONFLICTS OF INTEREST annually by the City Manager,the Director of Finance and the Assistant Director of Finance and revised Officers and employees of the City involved in the when necessary. All revisions shall be approved by investment process shall refrain from personal the City Council. business activity that involves any of the City's approved custodians, depositories, broker/dealers or Wylie City Council 0F AGENDA REPORT Meeting Date: September 24, 2019 Item Number: (City Secretary's Use Only) Department: Finance Prepared By: Finance Account Code: Revenue and Expenditure Date Prepared: September 9, 2019 Exhibits: Monthly Report Subject Consider, and place on file,the City of Wylie Monthly Revenue and Expenditure Report for August 31, 2019. Recommendation Motion to accept and place on file,the City of Wylie Monthly Revenue and Expenditure Report for August 31, 2019. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT August 31, 2019 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 91.67% ACCOUNT DESCRIPTION 2018-2019 2018-2019 2018-2019 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 29,665,403 586,769 28,933,704 97.53% A FRANCHISE FEES 2,689,000 201,825 2,624,039 97.58% LICENSES AND PERMITS 1,061,000 86,415 994,734 93.75% INTERGOVERNMENTAL REV. 1,252,972 18,356 1,127,505 89.99% SERVICE FEES 3,543,800 474,093 3,295,185 92.98% B FINES AND FORFEITURES 507,500 20,673 281,828 55.53% C INTEREST INCOME 50,000 15,776 196,861 393.72% D MISCELLANEOUS INCOME 210,232 21,630 162,559 77.32% OTHER FINANCING SOURCES 2,273,616 0 2,661,504 117.06% E REVENUES 41,253,523 1,425,537 40,277,919 97.64% USE OF FUND BALANCE 1,355,452 NA NA NA F USE OF CARRY-FORWARD FUNDS 162,366 NA NA NA TOTAL REVENUES 42,771,341 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 91,874 3,837 58,439 63.61% CITY MANAGER 1,215,304 117,796 1,070,471 88.08% CITY SECRETARY 364,876 29,748 253,881 69.58% CITY ATTORNEY 155,000 21,300 117,483 75.80% FINANCE 1,182,755 137,139 1,033,112 87.35% FACILITIES 899,037 75,652 639,156 71.09% MUNICIPAL COURT 569,308 42,318 404,291 71.01% HUMAN RESOURCES 606,824 64,077 531,954 87.66% PURCHASING 186,699 18,305 159,031 85.18% INFORMATION TECHNOLOGY 1,432,521 113,676 1,193,514 83.32% POLICE 9,875,412 891,429 8,693,222 88.03% FIRE 8,392,270 889,511 7,389,097 88.05% EMERGENCY COMMUNICATIONS 1,763,084 141,386 1,397,772 79.28% ANIMAL CONTROL 586,131 55,090 492,247 83.98% PLANNING 543,605 43,456 484,067 89.05% BUILDING INSPECTION 577,821 45,929 493,289 85.37% CODE ENFORCEMENT 238,755 22,326 182,952 76.63% STREETS 3,420,957 775,086 2,427,996 70.97% PARKS 2,660,933 310,574 2,159,440 81.15% LIBRARY 2,101,682 196,590 1,795,190 85.42% COMBINED SERVICES 5,770,958 1,621,069 5,391,114 93.42% G TOTAL EXPENDITURES 42,635,806 5,616,294 36,367,718 85.30% REVENUES OVER/(UNDER) EXPENDITURES 135,535 -4,190,757 3,910,201 12.34% A. Property Tax Collections for FY18-19 as of August 31, 2019 are 100% of budget, in comparison to FY17-18 for the same time period of 99.99%. Sales tax is on a 2 month lag and has increased 15% from August 2018 YTD. B. Service Fees: Trash fees billed in October are applicable towards FY 2017-18 revenue with the remaining fees coming from other seasonal fees. YTD actual trash consists of ten months of income. C. Fines and Forfeitures: FY18-19 budget was decreased. Actual revenues are down 36% compared to this time last year. D. Interest rates were gradually increasing through January 2019 and have remained steady since then with a small decline in August 2019. August 2018 was 1.92% compared to August 2019 at 2.16%. E. Insurance recoveries for Public Safety Building. F. Use of Fund Balance: $1,300,000 for Fire Station#2 remodel construction and $55,452 budget amendment for architectural and design costs associated with the Fire Station #2 remodel that were not carried-forward from last year. G.Transfer of PSB insurance recoveries to PSB capital fund. CITY OF WYLIE MONTHLY FINANCIAL REPORT August 31, 2019 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 91.67% ACCOUNT DESCRIPTION 2018-2019 2018-2019 2018-2019 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 19,073,340 2,035,034 15,937,489 83.56% INTEREST INCOME 27,500 7,118 70,879 257.74% MISCELLANEOUS INCOME 30,000 1,790 388,470 1294.90% J OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 19,130,840 2,043,942 16,396,838 85.71% USE OF FUND BALANCE 1,506,050 NA NA NA K USE OF CARRY-FORWARD FUNDS 409,790 NA NA NA TOTAL REVENUES 21,046,680 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 961,425 71,998 721,019 74.99% UTILITIES -WATER 3,377,078 159,787 1,736,047 51.41% L UTILITIES - SEWER 1,481,277 80,081 1,086,774 73.37% UTILITY BILLING 558,981 60,127 449,369 80.39% COMBINED SERVICES 14,585,170 1,086,073 13,124,441 89.98% TOTAL EXPENDITURES 20,963,931 1,458,066 17,117,650 J 81.65% REVENUES OVER/(UNDER) EXPENDITURES 82,749 585,876 -720,812 4.06% I. Most Utility Fund Revenue billed in October was applicable to FY 2017-18. YTD consists of ten months of income. J. NTMWD reimbursement for developers deposits invoiced to the City for the Muddy Creek Wastewater Treatment Plant aeration basin and odor control improvements $373,647. K. Use of Fund Balance: For Replacement/New Fleet& Equipment. L. $910K for engineering design of three water line projects not spent as of August. Wylie City Council oF 1 AGENDA REPORT Meeting Date: September 24, 2019 Item Number: G Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: September 9, 2019 Exhibits: Investment Report Subject Consider, and place on file,the City of Wylie Monthly Investment Report for August 31, 2019. Recommendation Motion to accept and place on file,the City of Wylie Monthly Investment Report for August 31, 2019. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Page 1 of I 2018-2019 Investment Report August 31, 2019 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $15,227,331.66 MMA 2.1910% _ Texpool 12/31/2006 NA 2 _ $15,775,985.71 MMA 2.1258% TexStar 3/15/2011 _ NA $31,003,317.37 Total Weighted Average Coupon: 2.1578% Money Markets: $31,003,317.37 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $31,003,317.37 Weighted Average Coupon 3.0000% 2.5000% 2.0000% 1.5000% 1.0000% 0.5000% 0.0000% Aug 2018 Sep 2018 Oct 2018 Nov 2018 Dec 2018 Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Wylie City Council AGENDA REPORT Meeting Date: September 24, 2019 Item Number: H Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: September 11, 2019 Exhibits: 4 Subject Consider, and act upon, Resolution No. 2019-24(R) authorizing the City Manager to execute an. Interlocal Cooperation. Agreement between the City of Wylie, and North Texas Municipal Water District, for the construction of new right-of- way for a portion of Lynda Lane and the abandonment of a portion of the old right-of-way for Lynda Lane, being a variable width beginning approximately 120 linear feet inside Collin County jurisdiction and extend east approximately 680 linear feet across City jurisdiction to a terminus intersection with Forrest Ross Lane. Recommendation Motion to approve Resolution No. 2019-24(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Wylie, and North Texas Municipal Water District, for the construction of new right-of- way for a portion of Lynda Lane and the abandonment of a portion of the old right-of-way for Lynda Lane, being a variable width beginning approximately 120 linear feet inside Collin County jurisdiction and extend east approximately 680 linear feet across City jurisdiction to a terminus intersection with Forrest Ross Lane. Discussion In February 2019, North Texas Municipal Water District (NTMWD) was approved to construct its 14,343 sq. ft. Operations Center on 5.032 acres at the intersection of Lynda Lane and Forrest Ross Road. Part of the construction will also include the realignment of a portion of Lynda Lane. The subject Interlocal Agreement sets forth dedication and maintenance of such new portions and abandonment of said right-of-way. NTMWD shall acquire the Ridings Easement and the Crouse Easement in preparation for the NTMWD construction of the New ROW.NTMWD shall pay for and oversee construction of the New ROW.After the completion of construction, and upon filing of the Final Plat, City will assume all future maintenance of the New ROW, exclusive of easements. Upon completion and acceptance of the new right-of-way,NTMWD will submit a Final Plat to be filed that will abandon the old right-of-way. Exhibits A(Ridings ROW),B (Crouse ROW) &C(Overall Paving ROW) are attached and made part of this agreement. Page 1 of 1. RESOLUTION NO. 2019-24(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE NORTH TEXAS MUNICIPAL WATER DISTRICT, FOR THE CONSTRUCTION OF NEW RIGHT-OF-WAY FOR A PORTION OF LYNDA LANE AND THE ABANDONMENT OF A PORTION OF THE OLD RIGHT-OF-WAY FOR LYNDA LANE, BEING A VARIABLE WIDTH BEGINNING APPROXIMATELY 120 LINEAR FEET INSIDE COLLIN COUNTY JURISDICTION AND EXTEND EAST APPROXIMATELY 680 LINEAR FEET ACROSS CITY JURISDICTION TO A TERMINUS INTERSECTION WITH FORREST ROSS LANE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an Interlocal Agreement by and between the City of Wylie and the North Texas Municipal Water District, for the construction of new right-of-way for a portion of Lynda Lane and the abandonment of a portion of the old right-of-way for Lynda Lane, being a variable width beginning approximately 120 linear feet inside Collin County jurisdiction and extend east approximately 680 linear feet across city jurisdiction to a terminus intersection with Forrest Ross Lane. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 24th day of September, 2019. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No. 2019-24(R) Interlocal Agreement by and between the City of Wylie and NTMWD Page 1 of 1 „.... EXHIBIT "A” i ) , VARIABLE WIDTH WIDE , RIGHT-OF-WAY DEDICATION SITUATED IN THE 0 20 40 FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 p in - 1 CITY OF WYIJE, COWN COUNTY, TEXAS , , PAGE 3 OF 3 SCALE 1" .40' 1 JOHN CROUSE AND SPOUSE ., DONG WU I STARR CROUSE , ..., 0..4. 1 INST„ NO. 20150413000410560 CALL ED 1,28 ACRES , O.P.R,C.C.T, VOL 5759, PG, 61 , , (CARED 1.07 ACRES) I DR,C.C.T.. , ..,.:% • e• ---.„ , 1 ----'----,,,,,, VARIABLE WIDTH • ...- ,--- ,....... • R.O.W. DEDICATION ‘ .-.0-- 0.0578 ACRE I ,4 ,...-•:'•• , t.-1.. (2,519 SQ. FT.) osts) 7 , 1.; Pr' 4=2776347" N 54'27'29 R=248.93' ..------ (4, " W L=119.24' , 37.66' c3 a PO CB=S 37.34 44 E 1 , CD=118.11' I NORTH TEXAS MUNICIPAL WATER IDIS TRIC T ÷ TRACT 3 • CALLED 36.471 ACRESG, VOL, ,3713, P 417 I Ul;cpaee 4, ir D.R,,C,c:r. Ztt, cA. Qo. , 4 KENNETH W. RIDINGS AND •c•P • GINA R. RIDINGS, > 4 10 I INSTR. NO, 96----0024057 .4 un"en LII%• ' 0 D.R.C,G.T, Ii.1 ej I (CALLED 1.780 ACRES) C 01-5' • -cm I P.O.C. 5/ z 6C9- 'sr GRID COORDINATES " 8' N:7,063,381,24 '1 \ E.2,575,530,85 _ A=0710'44" ---.°1.81.11_ R=305.00' A, • • -- — — L=38.21' 6,4.., / 43- , 5/8" C.IF?F, I CB=N 52'08'42* W •:-.,„ wE5 'Cipecr 'rreiz‘ 0 z ' CD=38.19 NORTH TEXAS MUNICIPAL LEGEND: NORTH TEXAS MUNICIPAL WATER USTRICT (. ,, te a co z 8 . P.O.B. WATER DISTRICT 6 . POINT TRACT 1 4..*.0 F 43 GRID COORDIN A FL'S la a- CALLED 5.032 ACRES CALLED 7.367 ACRES F.,p It 7,063.381.4,7 INST, NO, 20121121001491100 ----A,--..-- NOT TO SCALE N 89'01'55" W VOL. 3713. PG, 417 a''i- E:2,575,516,82 C.M. - CONTROL MONUMENT 0,P,R,C.C.T. D.R.C.C,T, 5.66' m I RE. = IRON ROD FOUND C,I,R,F, = CAPPED IRON ROD FOUND D.R,C,C„T. = DEED RECORDS CAUFMAN COUNTY, TEXAS P„R.C,C,T, = PLAT RECORDS CAUFMAN COLNTY, TEXAS P.O.B. = POINT OF BEGINWNG P.O = POINT OF COMMENCING NOTES, 1) BEARINGS ARE BASED ON TRUE GEODETIC NORTH, OBTAINED BY OBSERVATIONS WITH A GLOBAL POSITIONING SYSTEM, AND REFERENCED TO THE TEXAS STATE PLANE COORDINATE , ' SYSTEM, NORTH CENTRAL ZONE, HAD 83 COORDINATES, D-STANCES AND AREA SHOWN HEREON I ARE SURFACE, SCALE FACTOR IS 1,00015271 4 NORTH TEXAS MUNICIPAL WATER DISTRICT .., OF I 505 E. BROWN ST. • P.O. BOX 2408 • WYLIE, TEXAS 75098 ,S\>:\°*.c,.1*S-T.f../i).."c•.÷.-il , NORTH TEXAS MUNICIPAL WATER DISTRICT *: ..* "LYNDA LANE RIGHT-OF-WAY" ••••••••••••......••••• MARK ALLAN NACE FILE: 1500606 RIGHT OF WAY 2.DWG ••......•.••••••....... ' jOB: 1500606 ' 5539 FIELDBOOK 327 c•-•/9p -7% DATE: APRIL 2018 CHECKED BY: MAN DRAWN BY: DV /1/7•• ESS\ •• • 4°.. . 'ic , PAGE: 3 OF 3 SCALE: 1"=40' C P&YJ 1 820 Regal Row,Suite 150,Dallas.Texas 752351 214,747.3733 1 Iv' ' Allan Noce, LLS TEXAS REGISTERED ENGINEERING FIRM F-1741 Texas Registration, No, 5539 TEAKS 10194115 I .� EXHIBIT "B" kk, VARIABLE WIDTH WIDE NI'}/ RIGHT-OF-WAY DEDICATION SITUATED IN THE 0 20 40 FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 ' �_- _ CITY OF WYLIE, COWN COUNTY, TEXAS SCALE 1"=40' PAGE 3 OF 3 JOHN CROUSE AND SPOUSE DONG wu STARR CROUSE INST, NO. 20150413000410560 CALLED 1.28 ACRES ;a. D.P.R.C.C,T. VOL. 5759, PG. 61 '`''' •...IA-,(CALLED 1.07 ACRES) . -' D.R-C.C.T. r;te •" ,i1•-.• Ss -i% VARIABLE WIDTH •..',''''' �° ci ce R.Q.W. DEDICATION ,:,-i s 0.0722 ACRE �� F00' N 41 26'40" E �yp14 21.45' • (3,146 SQ. FT.) NORTH TEXAS MUNICIPAL WATER DISTRICT �G.M / slip , TRACT 3 N 54'27'29'. w • ?o. CALLED 36.471 ACRES 37,86' 4L 5�S �n ` VOL. 3713, PG. 417 oAG���1 Y�SKINER •, ,co v+05 OS'23" D.R,C,C.T. R-255.00' ii r C9 84 'C Su, !P L-22.88' CB-S 51 07'32" E KENNETH W. RIDINGS ANDA !1' CD=22.87' 14 GINA R. RIDINGS, 1 • INSTR. NO. 96--0024057 GP Y".LR,S. ......- D.R.C.C.T, (CALLED 1.780 ACRES) , GRID COORDINATES N:7,063,428.12 # E:2,575,531.91 A-27'26'4T R-248.93' M a 9. L-119.24' i,,-- i 54/ P.O.B. CB-N 37.34'44" W CA C 4, o GRID COORDINATES GD-118.11' ¢}'" -7( N:7,063,381.24 Sy;,,S'T E:2,575,530.81 N 5/" Dgt i,R,F, 89'04'04' W _ — NORTH TEXAS MUNICIPAL WATER DISTRICT 13'99" I (C.M,) LEGEND: TRACT 1 A ". POINT CALLED 7.367 ACRES NORTH TEXAS MUNICIPAL WATER DISTRICT NOT TO SCALE VOL. 3713, PG. 417 CALLEDACRES fir- 5 O32 C ES C.M. = CONTROL MONUMENT D.R.C.C.T. INST. NO. 20121121001491100 I.R.F. - IRON ROD FOUND C.I.R.F. = CAPPED IRON ROD FOUND ©-P-R.C.C.T. D.R.C.C.T. = DEED RECORDS CAUFMAN COUNTY, TEXAS P.R.C.C.T. = PLAT RECORDS CAUFMAN COUNTY, TEXAS P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCING NOTES: 1) BEARINGS ARE BASED ON TRUE GEODETIC NORTH, OBTAINED BY OBSERVATIONS WITH A i GLOBAL POSITIONING SYSTEM, AND REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL 20NE, NAB 83 COORDINATES, DISTANCES AND AREA SHOWN HEREON ARE SURFACE. SCALE FACTOR IS 1,00015271 P NORTH TEXAS MUNICIPAL WATER DISTRICT ,•� OF TF 505 E. BROWN ST. • P.O. BOX 2408 • WYLIE, TEXAS 75098 .,.P,'•G\STER�: q_ NORTH TEXAS MUNICIPAL WATER DISTRICT • t� © ', "LYNDA LANE RIGHT-OF-WAY" FILE: 1500606 RIGHT OF WAY 1.DWG MARK ALLAN NACE JOB: 1500606 FIELDBOOK 327 c•' '9 5539 • P'`'•' DATE: APRIL 2018 CHECKED BY: MAN DRAWN BY: DV 4,;• . r PAGE: 3 OF 3 SCALE: 1 40' S U R. I CP8tYi . _ ,.7 ,,, , , .e /e.f, „.44,,40, , 1820 Regal Row,Suite 150,Dallas.Texas 752351 214.747.3733 Ma Allan Noce, LS TEXAS REGISTERED ENGINEERING FIRM F-1741 Texas Registration No. 5539 TBPLS 10194115 c_-.__ '_ .. ..�..m.�.__�,.___,. .._ rT.H.......>m... . _.,..�,....,. ..,.._m._._mow..., ............._.,�, w,�._...... —._._....- - •.... .._ ......__ ,_.......— --. ,,..._. , _ .,.. Ns TA / H �' s a �—t , I 3c U BEGIN 5'CURB TRANSITION SEE SHEET t rs�� �f Ho ty / , Z a � of r LlI♦ / =r �fiI ` col— ENO CONCRETE ROADWAY ExiaAsE p ' ° r Z S111•a Fa C� Q rsroN/ e a,° To REET TT AT"' ' � � iOIr �a .,� r„ rQ / _R.oc Ns Li1 �`88-8 ;, ° �. �h m z w �65 R P RR` wl 7 sR' eNs,28'RCP DESIGNED SY CPS, �/ I °� X— < 2 rw,rwr ,N V rvl ROP LYNDA LANE °� -o[, �� _TAss sFOR aty rt/ / / n Di < 5 RELOCATE EXIST POWER POLE .," / :' — — / / /Y /BEGIN TYPICAL SECTION/ • o°�� Rs E° of U EXIST LEG \ -6` v �N ,, ! Ro/L / Z S -P BEGIN FS 5 x - oN F PROP CZ —_N Ptis pETA LS . - '- �oR uJ7riV✓1 \ PT � -. oVt2� FVitXBr:SE aE J E C,EAV IIIE 5• -'.) ExcA Iq _c,i6X,M J ,,W/ WN nvmg. �� PIPES--SHALLOW ROE;RNND SLEET ,r/ . • O --—EXISTING CONTOUR r our a > .wvnmw.rvww.ww,w.wwwe /rs J - j a / P��,Q AVEMENT 0LT R e L 38 cons,. Ta.�s \� No nsrov' / ,XDOT ITEM 810-PIPE DI AND 6"n• I •,5 EXISTING WATER TINE I II T—I I I 7§PRIOR TO CONSTRUCTION CONTRACTOR SHALL „t .' , 7 aoao suR,�Tow�w oq T ETA � >�,>,r,r,6,6,6r,66 � w N SEA oN / ; 4, EXISTING SANITARY SEWER ! o / It.< I t o 2r`. NECT .It w~L..,.tear ,-v=b I IN THE�sR�TrTz TRIANGLES // �r j` Rya°�a� / ,``,fif / � 24.44°0a]105. MEM o� Mill • =da • o I o ,,ors by 692 9IF a 9�.o - I o�w s, m� NE R A1111111 �E 540 �� 540 c. R„ \ ° 1 °° ,o r URA /�- m� 535 ��,L CENTER a ( 535 �h7 530 WN• w w w,vs,°w� s„�w 530 Pi REMAINEXISTINGz _A— _ 4r z h it q . " 525 ° w p R R ° 525 CAUwow w uPLAN, WASTE } TIONit NNN rd'.vrvasrvw nwv✓^.u',w w € v - _ _ .S w N _ _ _ - .,. ALL EXISTING UTILITIES FLOW wwrw,vvwrrx • SHEET REFER TO - - LINES ARE ESTIMATED PER PLANS. ! - wnwmn - - 5Lv ww rr,ur,Rrn n N rvvx, • CONTRACTOR SHALL LOCATE f -y v v ^.tin EXISTING UTILITIES PRIOR TO CONSTRUCTION TMMMMAMMNbMMMMMMNAjyON WONNAMMAMN N O+N .w.wmm�maw, - I • - - I I • A A - AS NOTED ,e rT. ^- - -- PAVING PLANI l I &PROFILEi • 7+00 2 11 00 3+00 4+00 5+00 6+00 7+ 00 8+00 CI.01 RESOLUTION NO. 2019-24(R) INTERLOCAL COOPERATION AGREEMENT BETWEEN NORTH TEXAS MUNICIPAL WATER DISTRICT AND CITY OF WYLIE, TEXAS THIS AGREEMENT is made and entered into by and between the NORTH TEXAS MUNICIPAL WATER DISTRICT, a political subdivision of the State of Texas, (hereinafter referred to as "NTMWD" or "District") and the CITY OF WYLIE, TEXAS (hereinafter referred to as "City"). Individually, NTMWD and City may be referred to as a "Party" and collectively, NTMWD and City may be referred to as "Parties." WHEREAS, the Interlocal Cooperation Act (the "Act"), codified as Chapter 791, Texas Government Code, authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS,NTMWD desires to construct a new right of way for the portion of Lynda Lane near NTMWD's operations buildings in Wylie, Texas and abandon part of the old right of way for Lynda Lane when the new construction is complete. The new right of way alignment will begin approximately 120 linear feet inside Collin County jurisdiction and extend east approximately 680 linear feet across City jurisdiction to a terminus intersection with Forrest Ross Lane. For clarity, the new right of way (hereinafter referred to as "NEW ROW") and old right of way(hereinafter referred to as "OLD ROW") are the portions of right of way located within the City's jurisdiction; and WHEREAS, NTMWD is in the process of acquiring, on behalf of Collin County, easements on certain real property owned by Kenneth Ridings and Gina Ridings (the "Ridings Easement"), the property being more fully described in Exhibit "A" and incorporated herein by reference, which will be needed for the portion of new right of way within Collin County; and WHEREAS, NTMWD is in the process of acquiring, on behalf of Collin County, easements on certain real property owned by John and Starr Crouse(the"Crouse Easement"), the property being more fully described in Exhibit "B" and incorporated herein by reference, which will be needed for the portion of new right of way within Collin County; and WHEREAS, NTMWD will pay for and oversee the construction of the New ROW in compliance with City of Wylie street standards and remove improvements located in the abandoned Old ROW; and WHEREAS, after the construction is complete and in compliance with City standards, the New ROW will be dedicated to City through platting and City will assume maintenance of the New ROW; and INTERLOCAL COOPERATION AGREEMENT PAGE 1 WHEREAS, after the construction is complete and found to be in compliance, that portion of the Old ROW will be abandoned by the filing of the Final Plat in accordance with City of Wylie Subdivision Regulations; and NOW THEREFORE, for mutual consideration hereinafter stated, City and the NTMWD agree as follows: I. EFFECTIVE DATE The Agreement shall be effective on the date of the last signature hereto (the"Effective Date"). II. THE AGREEMENT A. Purchase of Ridings Easement and Crouse Easement and Construction The Parties agree that NTMWD shall acquire the Ridings Easement and the Crouse Easement in preparation for the NTMWD construction of the New ROW. NTMWD shall pay for and oversee construction of the New ROW. B. Dedication of Ridings Easement and Crouse Easement The Parties agree that after construction of the portion of new right of way within Collin County's jurisdiction is complete and found to be in compliance with Collin County's road standards, the new right of way will be dedicated to and accepted by Collin County, per a separate Interlocal Cooperation Agreement between NTMWD and Collin County. C. Maintenance After the completion of construction, and upon filing of the Final Plat, City will assume all future maintenance of the New ROW, exclusive of easements as the New ROW will benefit the citizens of City. D. Abandonment of Old ROW The Parties agree that City will abandon a portion of the Old ROW that will no longer be needed after construction of the New ROW. III. TERM This Agreement shall be effective until terminated in writing by one of the Parties. INTERLOCAL COOPERATION AGREEMENT PAGE 2 IV. NOTICE Notice as required by this Agreement shall be in writing delivered to the Parties via e- mail or certified mail at the addresses listed below: CITY NTMWD Chris Hoisted, City Manager David Scott City of Wylie North Texas Municipal Water District 300 Country Club P.O. Box 2408 Wylie, TX 75098 Wylie, TX 75098 972-442-5405 (Telephone) dscott@ntmwd.com Each Party shall notify the other in writing within ten (10) days of any change in the information listed in this paragraph. V. ENTIRE AGREEMENT This Agreement represents the entire agreement between NTMWD and City, and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Parties. VI. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and this Agreement is performable in Collin County, Texas. Exclusive venue shall be in Collin County, Texas. VII. SEVERABILITY The provisions of this Agreement are severable. In the event that any section, sub- section, paragraph, sentence, clause, or phrase of this Agreement shall be found to be contrary to law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement; however, upon the occurrence of such event, either Party may terminate this Agreement by giving the other Party thirty (30) days written notice of its intent to terminate. INTERLOCAL COOPERATION AGREEMENT PAGE 3 VIII. ASSIGNMENT This Agreement shall not be assigned in whole or in part without the written consent of both Parties. IX. INTERPRETATION OF AGREEMENT This is a negotiated document. Should any part of this Agreement be in dispute, the Parties agree that this Agreement shall not be construed more favorably for either Party based on the presumption that it was drafted by either Party. X. REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any right or remedy granted by law or equity, but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the Parties. It is further agreed that one(1)or more instances of forbearance by either Party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XI. AUTHORITY TO SIGN The undersigned officers and/or agents of the Parties hereto are the duly authorized officials and have the necessary authority to execute this Agreement on behalf of the Party it represents. XII. CALENDAR DAYS Throughout this Agreement, "Day" shall mean a calendar day, unless otherwise specified. If a deadline falls on a weekend or holiday, the deadline shall be the following working day. [Remainder of Page Intentionally Blank] INTERLOCAL COOPERATION AGREEMENT PAGE 4 EXECUTED in duplicate originals this 24 day of September, 2019. CITY OF WYLIE, TEXAS By: Chris Hoisted City Manager NORTH TEXAS MUNICIPAL WATER DISTRICT By: Thomas W. Kula Executive Director INTERLOCAL COOPERATION AGREEMENT PAGE 5 Wylie CityCouncil Y AGENDA REPORT Meeting Date: September 24, 2019 Item Number: I Department: City Manager (City Secretary's Use Only) Prepared By: Stephanie Storm Account Code: Date Prepared: August 19, 2019 Exhibits: 2 Subject Consider,and act upon,Resolution No.2019-25(R)of the City Council of the City of Wylie,Texas,amending Resolution No. 2003-20(R) and modifying certain Rules of Procedure for the conduct of City Council meetings. Recommendation A motion to approve Resolution No. 2019-25(R) of the City Council of the City of Wylie, Texas, amending Resolution. No. 2003-20(R) and modifying certain Rules of Procedure for the conduct of City Council meetings. Discussion The City Council's Rules of Procedures were last updated in 2003. Attached is a draft with strikethroughs and additions as well as the proposed Resolution.No. 2019-25(R) based on the Council direction from the September 10, 2019 City Council work session. The Texas Legislature recently approved House Bill 2840, amending the Texas Open Meetings Act (the "Act") to establish the right of members of the public to address a governmental body subject to the Act regarding"an item on an agenda for an open meeting of the body."The City Council has long provided an opportunity for members of the public to address the City Council, as reflected in its adopted rules of procedure, in recognition of the need for governmental transparency and accountability. House Bill 2840 authorizes the City Council to adopt reasonable rules regarding the public's right to address the City Council, including rules that limit the total amount of time that a member of the public may address the City Council on a given item. The City Council desires to amend certain provisions of the rules of procedure to conform to the language set forth in House Bill 2840 and to make other modifications that are in the best interests of the City of Wylie and its citizens. Page 1 of 1 RESOLUTION NO. 2019-25(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING RESOLUTION NO. 2003-20(R) AND MODIFYING CERTAIN RULES OF PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS;PROVIDING A REPEALING/SAVINGS CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, in 2003, the City Council of the City of Wylie, Texas ("City Council") adopted Resolution No. 2003-20(R) to establish rules of procedure to govern all meetings and proceedings of the City Council; and WHEREAS, the Texas Legislature recently approved House Bill 2840, amending the Texas Open Meetings Act (the "Act") to establish the right of members of the public to address a governmental body subject to the Act regarding"an item on an agenda for an open meeting of the body"; and WHEREAS,the City Council has long provided an opportunity for members of the public to address the City Council, as reflected in its adopted rules of procedure, in recognition of the need for governmental transparency and accountability; and WHEREAS, House Bill 2840 authorizes the City Council to adopt reasonable rules regarding the public's right to address the City Council, including rules that limit the total amount of time that a member of the public may address the City Council on a given item; and WHEREAS,the City Council desires to amend certain provisions of the rules of procedure to conform to the language set forth in House Bill 2840 and to make other modifications that are in the best interests of the City of Wylie, Texas ("Wylie") and its citizens. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Amendment to Resolution No. 2003-20(R). The City Council hereby amends Section 1 of Resolution No. 2003-20(R) as follows': Rule 1. Meetings, Regular and Special (A) The City Council shall meet in the Council chambers of the City hall on the second and fourth Tuesdays of each month, commencing at Deletions are evidenced by and additions are underlined. Resolution No.2019-25(R)Amending City Council Rules of Procedure Page 1 2838293 6:00 p.m., as required under Article III, Section 9 the City Charter. In the event a Tuesday falls on a holiday, the meeting for that day shall be rescheduled as determined by Council. Any meeting of Council may be recessed from hour to hour for a period of time not to exceed 24 hours, by an affirmative vote of 4 or more members of Council present at such meeting, and such recessed meeting shall be held without further posted notice. Rule 3. Conduct of Mayor and Councilmembers Any member of the Council, including the Mayor, who fails to observe decorous and orderly behavior during a meeting, or who disturbs a meeting of Council with such disorderly conduct, is subject to being expelledreprimand from upon motion passed by 2/3 vote of the Council present at the meeting. Any Councilmember reprimanded who thereafter commits another breach of decorous and disorderly behavior during a subsequent meeting shall be subject to the same power of Council to reprimand him/her, expel him/her from the meeting, or subject such Councilmember to complaint, investigation, and conviction of official misconduct pursuant to applicable law. Rule 9. Citizens' Right to be Heard Any citizen member of the public shall have a reasonable opportunity to be heard at any and all regular meetings of the City Council in regard to any and all matters to be considered at any such meeting, or such other matters as citizens members of the public may wish to bring to Council's attention;provided,however, any matter not posted on the agenda may not be discussed by Council,nor shall any action be taken by Council, except to provide a statement of specific factual information iven in res onse to an in uir to recite existin olic in res onse to an inquiry or to indicate that the matter may be placed on a later agenda. A time shall be set aside during each Council meeting for the Council to hear from the public, such designated time not to exceed three (3) minutes per person, or six (6) minutes if the individual represents a group; provided, however, that a member of the public who addresses the body through a translator/interpreter shall be entitled to speak for up to six(6)minutes, or twelve (12)minutes if the individual represents a group, in order to ensure that non-English speakers receive the same opportunity to address the body. The Mayor presiding officer shall retain the discretion to further limit or increase this time for public comments on agenda items. Citizen comments Comments from members of the public on agenda items will be heard Resolution No. 2019-25(R)Amending City Council Rules of Procedure Page 2 2838293 during the discussion of those agenda items. Citizen comments pertaining to non:e agenda items will be heard during the Citizen public Participation participation portion of the meeting. Any written information brought by a citizen member of the public pertaining to agenda items or other issues must be presented to the City Secretary's Office by the Monday of; the week preceding the week of the Council Meeting meeting so that staff and council Council may review the materials. Citizens Members of the public attending • scheduled Council meeting may speak before Council by completing a form and presenting it to the City Secretary prior to the beginning of such meeting. Citizens may also request to be placed on the agenda to appear before Council by making a request to received by the City not later than two o'clock(2:00)p.m. on the Monday preceding the next scheduled Council meeting. In addition, citizens members of the public may request a Council member to place an item on the agenda. It is the Council's goal that citizens resolve their complaints for service or regarding employees' performance at the staff level. However, it is recognized that citizens may from time to time believe it is necessary to speak to Council on matters of concern. In view of that, Council expects any citizen member of the public to speak in a civil manner, with due respect for the decorum of the meeting, and with due respect for all persons attending. Any citizen requesting to speak shall limit him or herself to matters of fact regarding the issue of concern, Personal attacks made publicly toward any citizen member of the public or e#y-City employee that are prohibited by law are not allowed. Citizens Members of the public are encouraged to bring their complaints regarding employee perfo,mance through the supervisory chain of command in accordance with the City's Personnel Policies. Complaints regarding an employee's performance of duty will not be heard unless Complaints regarding any matter pending before federal, state, county or municipal not be heard.Notwithstanding anything to the contrary herein, nothing in these rules of procedure is intended or shall be interpreted to prohibit public criticism of the Council, including criticism of any act, omission, policy, procedure, program or service, The Council or presiding officer may however disallow public criticism that is prohibited by law, No member of the public shall be heard until recognized by the presiding officer. Any member of the public interrupting City Council proceedings, approaching the dais without permission, otherwise creating a disturbance, or failing to abide by these rules of procedure in addressing City Council, shall be deemed guilty of disrupting a meeting (section 42.5, Penal Code, Class B, Misdemeanor) and, at the direction of the presiding officer, shall be removed from Council chambersthe meeting room by the sergeant-at-arms or other agent Resolution No. 2019-25(R)Amending City Council Rules of Procedure Page 3 2838293 designated by City Council. Any citizen shall be entitled to visit City hall, during regular business hours, and inspect all past Council meeting minutes, City audits, and the agenda to be considered by the Council in advance of the meeting and inform himself or herself as to the matters to be considered. Rule 11. Procedural Guidelines Except where in conflict with any state law, City charter, City ordinance or t �a e a educe ��e tee by d= s sal inn,tThe rules of procedure laid do vnset forth in the most recently published edition of Robert's Rules of Order; , shall govern serve as a guide for the proceedings of the City Council but the City Council shall not be bound to strictly comply with the Robert's Rules of Order." SECTION 3: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City Council hereby declares that it would have passed this Resolution, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 4: Savings/Repealing. Resolution No. 2003-20 shall remain in full force and effect, save and except as amended by this or any other resolution or ordinance. All provisions of any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict. Any remaining portions of said resolution shall remain in full force and effect. SECTION 5: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 24 day of September, 2019. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Resolution No. 2019-25(R)Amending City Council Rules of Procedure Page 4 2838293 RESOLUTION NO. 2019-25(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING RESOLUTION NO. 2003-20(R) AND MODIFYING CERTAIN RULES OF PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS;PROVIDING A REPEALING/SAVINGS CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, in 2003, the City Council of the City of Wylie, Texas ("City Council") adopted Resolution No. 2003-20(R) to establish rules of procedure to govern all meetings and proceedings of the City Council; and WHEREAS, the Texas Legislature recently approved House Bill 2840, amending the Texas Open Meetings Act (the "Act") to establish the right of members of the public to address a governmental body subject to the Act regarding"an item on an agenda for an open meeting of the body"; and WHEREAS,the City Council has long provided an opportunity for members of the public to address the City Council, as reflected in its adopted rules of procedure, in recognition of the need for governmental transparency and accountability; and WHEREAS, House Bill 2840 authorizes the City Council to adopt reasonable rules regarding the public's right to address the City Council, including rules that limit the total amount of time that a member of the public may address the City Council on a given item; and WHEREAS,the City Council desires to amend certain provisions of the rules of procedure to conform to the language set forth in House Bill 2840 and to make other modifications that are in the best interests of the City of Wylie, Texas ("Wylie") and its citizens. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Amendment to Resolution No. 2003-20(R). The City Council hereby amends Section 1 of Resolution No. 2003-20(R) as follows: Rule 1. Meetings, Regular and Special (A) The City Council shall meet on the second and fourth Tuesdays of each month, commencing at 6:00 p.m., as required under Article III, Section 9 the City Charter. In the event a Tuesday falls on a holiday, the meeting for that day shall be rescheduled as determined by Resolution No.2019-25(R)Amending City Council Rules of Procedure Page 1 2838293 Council. Any meeting of Council may be recessed from hour to hour for a period of time not to exceed 24 hours, by an affirmative vote of 4 or more members of Council present at such meeting, and such recessed meeting shall be held without further posted notice. Rule 3. Conduct of Mayor and Councilmembers Any member of the Council, including the Mayor, who fails to observe decorous and orderly behavior during a meeting, or who disturbs a meeting of Council with such disorderly conduct, is subject to reprimand upon motion passed by 2/3 vote of the Council present at the meeting. Any Councilmember reprimanded who thereafter commits another breach of decorous and disorderly behavior during a subsequent meeting shall be subject to the same power of Council to reprimand him/her, or subject such Councilmember to complaint, investigation, and conviction of official misconduct pursuant to applicable law. Rule 9. Right to be Heard Any member of the public shall have a reasonable opportunity to be heard at any and all meetings of the City Council in regard to any and all matters to be considered at any such meeting, or such other matters as members of the public may wish to bring to Council's attention;provided,however, any matter not posted on the agenda may not be discussed by Council, nor shall any action be taken by Council, except to provide a statement of specific factual information given in response to an inquiry, to recite existing policy in response to an inquiry or to indicate that the matter may be placed on a later agenda. A time shall be set aside during each Council meeting for the Council to hear from the public, such designated time not to exceed three (3)minutes per person, or six(6)minutes if the individual represents a group; provided,however, that a member of the public who addresses the body through a translator/interpreter shall be entitled to speak for up to six (6) minutes, or twelve (12) minutes if the individual represents a group, in order to ensure that non-English speakers receive the same opportunity to address the body. The presiding officer shall retain the discretion to further limit or increase this time for public comments on agenda items. Comments from members of the public on agenda items will be heard during the discussion of those agenda items. Citizen comments pertaining to non-agenda items will be heard during the public participation portion of the meeting. Any written information brought by a member of the public pertaining to agenda items or other issues must be presented to the City Secretary's Office by the Monday of the week preceding the week of the Council meeting so that staff and Council may review the materials. Members of Resolution No.2019-25(R)Amending City Council Rules of Procedure Page 2 2838293 the public attending scheduled Council meeting may speak before Council by completing a form and presenting it to the City Secretary prior to the beginning of such meeting. In addition, members of the public may request a Council member to place an item on the agenda. It is the Council's goal that citizens resolve their complaints for service or regarding employees'performance at the staff level. However, it is recognized that citizens may from time to time believe it is necessary to speak to Council on matters of concern. In view of that, Council expects any member of the public to speak in a civil manner, with due respect for the decorum of the meeting, and with due respect for all persons attending. Personal attacks made publicly toward any member of the public or City employee that are prohibited by law are not allowed. Members of the public are encouraged to bring their complaints regarding employee performance through the supervisory chain of command in accordance with the City's Personnel Policies. Notwithstanding anything to the contrary herein, nothing in these rules of procedure is intended or shall be interpreted to prohibit public criticism of the Council, including criticism of any act, omission, policy, procedure, program or service. The Council or presiding officer may, however, disallow public criticism that is prohibited by law. No member of the public shall be heard until recognized by the presiding officer. Any member of the public interrupting City Council proceedings, approaching the dais without permission, otherwise creating a disturbance, or failing to abide by these rules of procedure in addressing City Council, shall be deemed guilty of disrupting a meeting (section 42.5, Penal Code, Class B, Misdemeanor) and, at the direction of the presiding officer, shall be removed from the meeting room by the sergeant-at-arms or other agent designated by City Council. Any citizen shall be entitled to visit City hall, during regular business hours, and inspect all past Council meeting minutes, City audits, and the agenda to be considered by the Council in advance of the meeting and inform himself or herself as to the matters to be considered. Rule 11. Procedural Guidelines The rules set forth in the most recently published edition of Robert's Rules of Order shall serve as a guide for the proceedings of the City Council,but the City Council shall not be bound to strictly comply with the Robert's Rules of Order." SECTION 3: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City Council hereby declares that it would have passed this Resolution, and Resolution No.2019-25(R)Amending City Council Rules of Procedure Page 3 2838293 each section, subsection, clause or phrase thereof,regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 4: Savings/Repealing. Resolution No. 2003-20 shall remain in full force and effect, save and except as amended by this or any other resolution or ordinance. All provisions of any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict. Any remaining portions of said resolution shall remain in full force and effect. SECTION 5: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 24 day of September, 2019. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Resolution No.2019-25(R)Amending City Council Rules of Procedure Page 4 2838293 Wylie CityCouncil Y AGENDA REPORT Meeting Date: September 24, 2019 Item Number: J Department: City Manager (City Secretary's Use Only) Prepared By: Stephanie Storm Account Code: Date Prepared: August 19, 2019 Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2019-29 of the City Council of the City of Wylie, Texas, establishing Rules of Procedure for the conduct of public testimony at meetings of the Wylie boards, commissions and committees that are subject to the Texas Open Meetings Act. Recommendation A motion to approve Ordinance No. 2019-29 of the City Council of the City of Wylie, Texas, establishing Rules of Procedure for the conduct of public testimony at meetings of the Wylie boards, commissions and committees that are subject to the Texas Open.Meetings Act. Discussion The Texas Legislature recently approved House Bill 2840, amending the Texas Open Meetings Act (the "Act") to establish the right of members of the public to address a governmental body subject to the Act regarding"an item on an agenda for an open meeting of the body". The City Council has long provided an opportunity for members of the public to address the City Council,in recognition of the need for governmental transparency and accountability. The City Charter of the City of Wylie, Texas authorizes the City Council to prescribe rules of procedure for the conduct of meetings of all boards, commissions and committees established by the City Charter or the City Council. House Bill 2840 authorizes the City Council to adopt reasonable rules regarding the public's right to address all such boards, commissions and committees,including rules that limit the total amount of time that a member of the public may address such boards, commissions and committees on a given item. Page 1 of 1 ORDINANCE NO. 2019-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF PUBLIC TESTIMONY AT MEETINGS OF THE WYLIE BOARDS, COMMISSIONS AND COMMITTEES THAT ARE SUBJECT TO THE TEXAS OPEN MEETINGS ACT; PROVIDING A REPEALING/SAVINGS CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Texas Legislature recently approved House Bill 2840, amending the Texas Open Meetings Act (the "Act") to establish the right of members of the public to address a governmental body subject to the Act regarding"an item on an agenda for an open meeting of the body"; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has long provided an opportunity for members of the public to address the City Council, in recognition of the need for governmental transparency and accountability; and WHEREAS, the City Charter of the City of Wylie, Texas ("Wylie") authorizes the City Council to prescribe rules of procedure for the conduct of meetings of all boards, commissions and committees established by the City Charter or the City Council; and WHEREAS, House Bill 2840 authorizes the City Council to adopt reasonable rules regarding the public's right to address all such boards, commissions and committees, including rules that limit the total amount of time that a member of the public may address such boards, commissions and committees on a given item; and WHEREAS, the City Council desires to adopt rules of procedure for the conduct of public testimony at such meetings in accordance with House Bill 2840. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Rules of Procedure. The following rules of procedure shall govern all meetings of the boards, commissions and committees established by the City Charter or the City Council of the City of Wylie that are subject to the Texas Open Meetings Act (collectively, the "Boards and Commissions"), and the conduct of all members and other persons in attendance at such meetings. Right to be Heard Any member of the public shall have a reasonable opportunity to be heard at any and all meetings of the Wylie Boards and Commissions in regard to any and all matters to be considered Ordinance No.2019-29 Adopting Rules of Procedure for Public Testimony at Board/Commission Meetings Page 1 2840034 at any such meeting, or such other matters as members of the public may wish to bring to the attention of the Board or Commission; provided, however, any matter not posted on the agenda may not be discussed by a Board or Commission, nor shall any action be taken by a Board or Commission, except to provide a statement of specific factual information given in response to an inquiry, to recite existing policy in response to an inquiry or to indicate that the matter may be placed on a later agenda. A time shall be set aside during each Board or Commission meeting for the Board or Commission to hear from the public, such designated time not to exceed three (3) minutes per person, or six (6)minutes if the individual represents a group;provided,however,that a member of the public who addresses the body through a translator/interpreter shall be entitled to speak for up to six(6)minutes,or twelve(12)minutes if the individual represents a group,in order to ensure that non-English speakers receive the same opportunity to address the body. The presiding officer shall retain the discretion to further limit or increase this time for public comments on agenda items. Comments from members of the public on agenda items will be heard during the discussion of those agenda items. Citizen comments pertaining to non-agenda items will be heard during the public participation portion of the meeting. Any written information brought by a member of the public pertaining to agenda items or other issues must be presented to the City Secretary's Office by the Monday of the week preceding the week of the Board or Commission meeting so that staff and the Board or Commission may review the materials. Members of the public attending a scheduled Board or Commission meeting may speak before the Board or Commission by completing a form and presenting it to the Board or Commission staff liaison prior to the beginning of such meeting. In addition, members of the public may request a Board or Commission member to place an item on the agenda. Each Board and Commission expects any member of the public to speak in a civil manner, with due respect for the decorum of the meeting, and with due respect for all persons attending. Personal attacks made publicly toward any member of the public or City employee that are prohibited by law are not allowed. Members of the public are encouraged to bring their complaints regarding employee performance through the supervisory chain of command in accordance with the City's Personnel Policies. Notwithstanding anything to the contrary herein, nothing in these rules of procedure is intended or shall be interpreted to prohibit public criticism of the City Council, Board or Commission, including criticism of any act, omission, policy, procedure, program or service. The Board or Commission or presiding officer may,however, disallow public criticism that is prohibited by law. No member of the public shall be heard until recognized by the presiding officer. Any member of the public interrupting Board or Commission proceedings, approaching the dais without permission,otherwise creating a disturbance,or failing to abide by these rules of procedure in addressing the Board or Commission, shall be deemed guilty of disrupting a meeting (section 42.5, Penal Code, Class B, Misdemeanor) and, at the direction of the presiding officer, shall be removed from the meeting room by the sergeant-at-arms or other agent designated by the Board or Commission. The foregoing rules of procedure shall not apply to meetings of the City Council, which are governed by a separate set of rules of procedure. In the event of a conflict between the Ordinance No.2019-29 Adopting Rules of Procedure for Public Testimony at Board/Commission Meetings Page 2 2840034 foregoing rules of procedure and a rule, bylaw, order or other practice adopted by a board, commission or committee subject to these rules,the foregoing rules of procedure shall control and supersede any such conflicting rule,bylaw, order or other practice. SECTION 3: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof,regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 4: Savings/Repealing. All provisions of any Ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Effective Date. This Ordinance shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 24 day of September, 2019. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Ordinance No.2019-29 Adopting Rules of Procedure for Public Testimony at Board/Commission Meetings Page 3 2840034 Wylie City Council AGENDA REPORT Meeting Date: September 24, 2019 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 28, 2019 Exhibits: 3 Subject Tabled from 09-10-2019 Remove from table and consider Consider, and act upon, Ordinance No. 2019-22 to change the zoning from Agricultural(AG/30)to Single Family-10/24 (SF-10/24),to allow for 49 single family lots on 16.481 acres,located on E. Stone Road approximately 1500' south of E. Brown Street. ZC 2019-10 Recommendation Tabled from 09-10-2019 Remove from table and consider Motion to approve Ordinance No. 2019-22 to change the zoning from Agricultural(AG/30)to Single Family-10/24(SF- 10/24), to allow for 49 single family lots on 16.481 acres, located on E. Stone Road approximately 1500' south of E. Brown Street. ZC 2019-10 Discussion Owner: CJG Development Group,LLC Applicant: Engineering Concepts,LLC Zoning Case 2019-10 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject ordinance allows for the rezoning of 16.481 acres located on.E. Stone Road approximately 1500' south of E. Brown Street from AG/30 (Agricultural) to Single Family-10/24 (SF-10/24), to allow for 49 single family lots. Exhibit A (Legal Descriptions), Exhibit B (Zoning Exhibit), and Exhibit C (Development Agreement) are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1. ORDINANCE NO. 2019-22 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2019-10, FROM AGRICULTURAL (AG/30) SINGLE FAMILY 10/24 (SF-10/24) TO ALLOW FOR RESIDENTIAL DEVELOPMENT WITH A DEVELOPMENT AGREEMENT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Single Family 10/24(SF-10/24), said property being described in Exhibit A (Legal Description) hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and executed Development Agreement are an integral component of the development of the property and are attached as Exhibits B and C, respectively. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not Ordinance No. 2019-22 Amending the Comprehensive Zoning Ordinance of the City of Wylie,to change the zoning on,Zoning Case No. 2019-10,from agricultural(AG/30)single family 10/24(SF-10/24) affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of September, 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: October 2,2019,in the Wylie News Ordinance No. 2019-22 Amending the Comprehensive Zoning Ordinance of the City of Wylie,to change the zoning on,Zoning Case No. 2019-10,from agricultural(AG/30)single family 10/24(SF-10/24) LEGAL DESCRIPTION 11.000 ACRES Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas,being a portion of that same tract of land conveyed to Robert Kreymer by deed recorded in Volume 2967, Page 275 of the Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 3/8 inch iron rod found for corner in the approximate centerline of E. Stone Road, said point being the Northeast corner of a tract of land conveyed to John Willis Kreymer by deed recorded in Volume 1685, Page 938 of the Deed Records of Collin County, Texas, same being the Southeast corner of herein described tract; Thence North 89 degrees 45 minutes 00 seconds West, departing the approximate centerline of said E. Stone Road and along the North line of said John Willis Kreymer tract,passing the Northwest corner of said John Willis Kreymer tract, same being the Northeast corner of a tract of land conveyed to Crosscountry Villas, LLC by deed recorded in Instrument No. 20110812000853240 of the Deed Records of Collin County, Texas and continuing for a total distance of 826.17 feet to a point for corner, said point being the Southeast corner and POINT OF BEGINNING of herein described tract; Thence North 89 degrees 45 minutes 00 seconds West, continuing along the North line of said Crosscountry Villas, LLC tract, a distance of 512.87 feet to a point for corner, from which a found 1/2 inch iron bears North 00 degrees 11 minutes 37 seconds East a distance of 2.30 feet, said point being the Southeast corner of a tract of land conveyed to Garner Koch by deed recorded in Volume 5733, Page 2432 of the Deed Records of Collin County, Texas, same being the Southwest corner of herein described tract; Thence North 00 degrees 11 minutes 37 seconds East, along the East line of said Koch tract, a distance of 534.31 feet to a ''A inch iron rod found for corner, said point being the Southwest corner of a tract of land conveyed to Farmers Electric Cooperative Company, Inc. by deed recorded in File No. 97-0011472 of the Deed Records of Collin County, Texas, same being the Northwest corner of herein described tract; Thence South 76 degrees 12 minutes 35 seconds East, along a South line of said Farmers Electric Cooperative Company, Inc. tract, a distance of 418.93 feet to a 1/2 inch iron rod found for corner; Thence North 13 degrees 57 minutes 23 seconds East, continuing along an interior Southeasterly line of said Farmers Electric Cooperative Company, Inc. tract, a distance of 235.03 feet to a 1/2 inch iron rod found for corner; Thence South 76 degrees 12 minutes 14 seconds East, continuing along a South line of said Fauiiers Electric Cooperative Company, Inc. tract,passing at a distance of 869.87 feet a 1/2 inch iron rod set with yellow cap stamped "TXHS" and continuing along a total distance of 900.76 feet to a point for corner in the approximate centerline of said E. Stone Road, said point being Southeast corner of said Farmers Electric Cooperative Company, Inc. tract, same being the Northeast corner of herein described tract; Thence South 00 degrees 08 minutes 17 seconds West, along the approximate centerline of said E. Stone Road, a distance of 109.96 feet to a point for corner, said point being the most easterly Southeast corner of herein described tract; THENCE North 89 degrees 45 minutes 00 seconds West, departing the approximate centerline of said E. Stone Road,passing at a distance of 30.01 feet, a 1/2 inch iron set with yellow cap stamped "TXHS" and continuing along a total distance of 476.85 feet to a 1/2 inch iron set for corner with yellow cap stamped"TXHS", said point being an interior ell corner; THENCE South 02 Degrees 35 minutes 18 seconds East, a distance of 128.13 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE North 89 degrees 44 minutes 58 seconds West, a distance of 355.21 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 00 degrees 11 minutes 37 seconds West, a distance of 215.65 feet to the POINT OF BEGINNING and containing 479,158 square feet or 11.00 acres of land. LEGAL DESCRIPTION 5.481 ACRES Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas,being a portion of that same tract of land conveyed to Robert Kreymer by deed recorded in Volume 2967, Page 275 of the Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8 inch iron rod found for corner in the approximate centerline of E. Stone Road, said point being the Northeast corner of a tract of land conveyed to John Willis Kreymer by deed recorded in Volume 1685,Page 938 of the Deed Records of Collin County, Texas, same being the Southeast corner of herein described tract; THENCE North 00 degrees 11 minutes 37 seconds East, a distance of 215.65 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 89 degrees 44 minutes 58 seconds East, a distance of 355.21 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE North 02 Degrees 35 minutes 18 seconds West, a distance of 128.13 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 89 degrees 45 minutes 00 seconds East, a distance of 476.85 feet to a point for corner, said point being the most easterly Northeast corner of herein described tract; Thence South 00 degrees 08 minutes 17 seconds West, along the approximate centerline of said E. Stone Road, a distance of 343.62 feet to the POINT OF BEGINNING and containing 238,774 square feet or 5.481 acres of land. Page is too large to OCR. Wylie City Council AGENDA REPORT Meeting Date: September 24, 2019 Item Number: 2 Department: Planning Prepared By: Jasen Haskins Account Code: (City Secretary's Use Only) Date Prepared: September 6, 2019 Exhibits: 1 Subject Hold a Public Hearing and consider, and act upon, a residential Replat of Lot 1, Block A of Wylie East High School Addition to create Lot 1R, Block A to allow for adjustments to utility and firelane easements, property located at 3000 Wylie East Drive. Recommendation Motion to approve a residential Replat of Lot 1, Block A of Wylie East High School Addition to create Lot 1R, Block A to allow for adjustments to utility and firelane easements, property located at 3000 Wylie East Drive. Discussion OWNER: Wylie ISD APPLICANT: RLK Engineering, Inc. The applicant has submitted a Replat for Lot 1, Block A of Wylie East Addition to create Lot 1R, Block A. The purpose of the Replat is to relocate and label utility and firelane easements. The relocation of fire lanes and utilities stems from the expansion and renovation of Wylie East High School increasing the number of classrooms, adding a multi -purpose gym that functions as a storm shelter, and increasing the number of parking spaces. This item is a public hearing because WEHS is within an Agricultural zoning district which is a residential classification, which at the time of application, public hearings were required by state statute for residential replats. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. P&Z Commission Discussion The Commission recommended approval by a vote of 6-0. Page 1 of 1 Curve Data Chart Inner Outer Inner Outer Inner Outer A=4500'00" A=4500'00" A=9051'46" A=3137'22" A=3137'22" R=62.50' R=77.50' 12 R=25.00' 23 R=30.00' R=60.00' T=25.89' T=32.1O' T=25.38' T=8.50' T=16.99' L=49.09' L=60.67' L=39.65' L=16.56' L=33.12' A=0916'00" A=0916'00" A=8908'14" A=4049'19" A=4314'16" A=3622'24" 2 R=92.50' R=107.50' 13 R=30.00' R=54.00' 24 R=79.00' R=106.00' T=7.50' T=8.71' T=29.55' T=20.09' T=30.12' T=36.89' L=14.96' L=17.39' L=46.67' L=38.47' L=5735' L=70.99' A=8908'14" A=8908'14" A=4049'19" A=4645'44" 3 R=492.50' R=507.50' 14 R=30.00' 25 R=20.00' T=485.14' T=499.92' T=11.16' T=8.65' L=766.20' L=789.54' L=21.37' L=16.32' A=9000'00" A=4500'00" A=1621 '44" A=9000'00" R=20.00' 15 R=60.00' R=86.00' 26 R=10.00' T=20.00' T=24.85' T=12.36' T=10.00' L=31.42' L=47.12' L=24.56' L=15.71' A=9000'00" A=9000'00" A=9000'00" A=6107'02" A=6957'45" R=50.00' R=74.00' 16 R=25.00' 27 R=50.00' R=50.00' T=50.00' T=74.00 T=25.00' T=29.52' T=34.99' L=78.54' L=116.24' L=39.27' L=53.33' L=61.05' A=4500'00" A=9000'00" A=9000'00" A=18000'00" R=100.00' R=25.00' R=20.00' 1926 6 T=41.42' 17 T=25.00' T=20.00' 28 L=78.54' L=39.27' L=31.42' L=60.52' A=4500'00" A=9000'00" A=9000'00" A=26921'25" A=18238'21" R=20.00' 18 R=20.00' R=30.00' 29 R=120.00' R=150.00' T=8.28' T=20.00' T=30.00' L=15.71' L=31.42' L=47.12' L=564.14' L=478.15' A=2439'15" A=2439'15" A=9000'00" A=9000'00" A=6202'31" 8 R=60.00' R=86.00' 19 R=30.00' R=45.00' 30 R=212.33' T=13.11' T=18.79' T=30.00' T=45.00' T=127.69' L=25.82' L=37.01' L=47.12' L=70.69' L=229.92' A=18000'00" A=9051 '46" A=3822'24" R=19.09' 20 31 L=59.96' L=31.72' L=20.09' A=10621'44" A=8908'14" 10 21 A=8908'14" A=8908'14" A=5822'38" A=5822'38" 11 R=25.00' T=24.63' R=30.00' T=29.55' 22 R=20.00' T=11.17' R=54.00' T=30.17' L=38.89' L=46.67' L=20.38' L=55.02' Page is too large to OCR. Wylie City Council AGENDA REPORT Meeting Date: September 24, 2019 Item Number: 3 Department: City Manager Prepared By: Renae' 011ie Account Code: (City Secretary's Use Only) Date Prepared: September 18, 2019 Exhibits: 15 Subject Consider authorizing the City Manager to sign a Development Agreement pending Annexation between the City of Wylie, Serene District Townhomes, Dba The District Townhome (Tract 1 Owner), The District Lifestyle LLC (Tracts 2 & 3 Owner), and The District Lifestyle II LLC (Tracts 4 & 5 Owner), for the development of a mixed -use master planned community. Located south of Alanis Drive and east of SH 78. Recommendation Motion to (approve/approve with conditions/deny) authorizing the City Manager to sign a Development Agreement pending Annexation between the City of Wylie, Serene District Townhomes, Dba The District Townhome (Tract 1 Owner), The District Lifestyle LLC (Tracts 2 & 3 Owner), and The District Lifestyle II LLC (Tracts 4 & 5 Owner), for the development of a mixed -use master planned community. Located south of Alanis Drive and east of SH 78. Discussion Owner: Serene District Townhomes, Dba The District Townhome; The District Lifestyle LLC; and The District Lifestyle II LLC Applicant: Ryan Cole The applicant has submitted the subject Development Agreement that sets forth the obligations for development of 5 separate tracts totaling 20.433+ acres. Staff has met with and discussed the contents of the agreement with City Attorney as well as the applicant's attorney. Tract 1 consisting of 4.79+ acres is situated in Wylie's ETJ. The Agreement states that Tract 1 Owner petitions for voluntary annexation of Tract 1 and to develop Tract 1 for townhome uses. In addition, owner of Tracts 2 & 3 and owner of Tracts 4 & 5 desire to develop approximately 11 acres for mixed use consisting of condos, apartments, and commercial/retail uses. Summary of the Agreement: Agreement Page 4 Section 4 Platting allows for the submission of Preliminary Plat for Tract 1 only. It is staff's opinion that the entire development should be preliminary platted at one time, with final platting as each phase is ready to develop. Agreement Page 4 Section C committs Tracts 2, 3, 4, & 5 to submit zoning application within 10 days of adoption of Tract 1 Annexation Ordinance. Agreement Page 5 Section E.2 sets forth the regulations of exterior building materials stating that All property owners agree that the City can enforce the building materials specified in Exhibit K and not from a rule, charter provision, ordinance, order, building code, or other regulation of the City. Exhibit B Concept Plan. The plan states total of 790 spaces consisting of 644 at ground level and 146 above ground. Staff can only assume the 146 count above ground is correct, as the plans for parking decks 2 -4 were not included. Exhibit F General Standards requires at least 40,000 sqft of commercial/retail/office/ residential space to be Page 1 of 2 Page 2 of 2 constructed on Tracts 2, 3, and/or 4 & 5 prior to receiving final inspections or certificates of occupancy for any building on Tract 1. Exhibit F, Residential Standards Section 19 states that Landscape Plan will be submitted at building permit level. Staff suggest Landscape Plan to be submitted with Preliminary Plat & Site Plan. This would be after the Open Space Plan has been considered by the Parks Board for a recommendation. Exhibit F, Section 4 Commercial Retail Standards outlines the proposed shared parking across all properties, which is common in mixed -use developments. The applicant is requesting a reduction of 15% from the required parking (minimum of 790 spaces). Each lot of the commercial mixed -use development will be encumbered by a shared parking agreement (Exhibit L). If approved, Exhibit L must be signed and made part of the Executed Agreement. Exhibit F, Section 9 Commercial Standards. Staff suggest Landscape Plan to be submitted with zoning as overall concept plan or with Site Plan & Preliminary Plat and not during Building Peiimiit process. Exhibit G compares the current ordinance with what is being proposed by the Agreement. Some of those differences include but are not limited to: Townhome Current City Standards Proposed 3,500 sf exterior lots 1,495 SF on rear entry units (min) 3,000 sf interior lots 1,875 SF on front entry units (min) Min lot width 30' Min. lot width 23' Min lot depth 100' Min. lot depth 66' Corner lot width 45' Corner lot width 15' 1,000 sqft min 2 dwellings 1,403 sqft min dwelling excludes garage 1,200 sqft min. 3+ dwellings 20 ft front setback 0-5 ft side setback 25 ft rear setback min elevation repetitions (7 same side/4 opposite) 100% masonry exterior no EIFS for exterior walls Minimum 2 car garage (appx 400 sqft) Roof Pitch 8:12 Commercial Current CR City Standards Max height 36' # of stories 2 Lot coverage 45% Parking by single use (861) Masonry product w/max 20% EIFS accent 15 units per gross acre 11 ft front 5 ft side 10 ft rear 14 same side with color variation Ext brick, stone, masonry stucco, 15% EIFS accent Carriage style appearance & hardware Roof Pitch 6:12 Proposed Max height 50' # of stories 4 Lot coverage up to 3 lots 65% Cumulative not exceed 45% 20% Reduction (689 min) 75% masonry/25% decorative accent. No EIFS 46 units per gross acre Exhibit I3, green space in ROW along SH 78 should not be calculated as part of the open space requirement. Timeline established by Agreement: 1. Adoption of subject Agreement 2. Submit Annexation Application for Tract 1 submitted within 10 days of effective date of subject Agreement 3. Submit Zoning Application for Tracts 2, 3, 4 & 5 within 10 days of effective date of subject agreement. 4. Complete and obtain a CO for at least 40,000 sf of commercial/retail/office/residential space on. Tracts 2, 3, and/or 4 & 5 prior to final inspections or CO for any building on Tract 1. The Comprehensive Land Use Plan designates the subject tracts as General Urban Sector, which generally supports the retail, service, office, light production, and research uses. Some high -density residential development may occur within the General Urban Zone, provided that it is in a mixed -use type setting. Notice of Confidentiality Rights: If you are a Natural Person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the Public Records: Your Social Security Number or your Drivers' License Number. After Recording Return to: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 DEVELOPMENT AGREEMENT (Pending Annexation) (The District) THIS DEVELOPMENT AGREEMENT PENDING ANNEXATION ("Agreement") is made and entered into as of the day of , 2019 ("Effective Date") by and between the CITY OF WYLIE, TEXAS, a Texas home -rule municipality ("City"), and SERENE DISTRICT TOWNHOMES, LLC, a Texas limited liability company doing business as THE DISTRICT TOWNHOME ("Tract 1 Owner"), the owner of approximately 4.165± acres of land situated in the extraterritorial jurisdiction ("ETJ") of City, as more particularly described in Exhibit "Al", attached hereto and incorporated herein for all purposes ("Tract 1"). In addition, THE DISTRICT LIFESTYLE LLC, a Texas limited liability company ("Tracts 2 & 3 Owner"), the owner of approximately 11.48+ acres of land (comprised of two adjacent tracts — Tract 2 (6.648+ acres) and Tract 3 (4.83+ acres)) situated adjacent to Tract 1 inside the corporate limits of the City, and more particularly described in Exhibit "A2 ", attached hereto and incorporated herein for all purposes ("Tracts 2 & 3"), along with THE DISTRICT LIFESTYLE II LLC, a Texas limited liability company ("Tracts 4 & 5 Owner"), the owner of approximately 4.79+ acres of land (comprised of two adjacent tracts — Tract 4 and Tract 5 (4.79± acres combined) situated adjacent to Tracts 2 & 3 inside the corporate limits of the City, and more particularly described in Exhibit "A3", attached hereto and incorporated herein for all purposes ("Tracts 4 & 5" and together with Tract 1 and Tracts 2 & 3, the "Property"), join in this Agreement concerning certain obligations related to Tracts 2 & 3 and Tracts 4 & 5, respectively, each of which desiring to be bound by contract to comply with such obligations as set forth in this Agreement. City, Tract 1 Owner, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner may hereinafter be referred to collectively as the "Parties" or each individually as a "Party." WHEREAS, Tract 1 Owner desires to develop Tract 1 for townhome uses and desires to enter into this Agreement regarding the annexation of Tract 1 and standards for development of Tract 1; and WHEREAS, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner desire to develop the remainder of the Property for mixed uses and will make an application to the City for planned development zoning for Tract 2, Tract 3, Tract 4 and Tract 5; and WHEREAS, pursuant to §212.172, Texas Local Government Code, as amended, City is authorized to make this Agreement with Tract 1 Owner, for the purposes set forth in said section, regarding Tract 1 because the same is located in the City's ETJ; and WHEREAS, Tract 1 Owner and City desire to agree on the matters set forth in this Agreement with respect to Tract 1 pursuant to and in accordance with §212.172, Texas Local Development Agreement — The District Page 1 of 15 23910108v.1 Government Code, as amended, and pursuant to Chapter 43, Subchapter C-3, Texas Local Government Code, as amended; and WHEREAS, Tract 1 Owner and City acknowledge and agree that this Agreement constitutes a petition for the voluntary annexation of Tract 1 under the provisions of Subchapter C-3, Chapter 43, Texas Local Government Code, as amended, and within ten (10) calendar days of the Effective Date of this Agreement, Tract 1 Owner shall submit a complete annexation application ("Annexation Application"), on the form attached hereto as Exhibit "J", to petition for the annexation of Tract 1, and upon the request of the City, Tract 1 Owner shall promptly execute all other applications and documentation required by Texas law to petition for annexation as required by Texas law; and WHEREAS, after submission of the Annexation Application, City staff will place the Annexation Application on the next available City Council agenda for its consideration and possible action, in accordance with Subchapter C-3, Chapter 43, Texas Local Government Code, as amended; and WHEREAS, this Agreement is entered into pursuant to Chapter 43, Subchapter C-3, and Section 212.172 of the Texas Local Government Code, as amended; and WHEREAS, the City Council has investigated and deteiniined that it is in the best interest of City and its citizens to enter into this Agreement; and WHEREAS, the Parties desire to enter into this Agreement according to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: A. APPLICABILITY. 1. City Council Approval. The Parties acknowledge and agree that this Agreement shall not be effective until executed by all Parties following the approval of the City Council and the attendant authorization of the City Manager to execute the same ("City Council Approval"). 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Tract 1 Owner represents that it is the sole owner of Tract 1; Tracts 2 & 3 Owner represents that it is the sole owner of Tracts 2 & 3; and Tracts 4 & 5 Owner represents that it is the sole owner of Tracts 4 & 5. B. TRACT 1 1. Annexation/Enforcement/Waiver and Release/Term. a. It is specifically understood and agreed between City and Tract 1 Owner that Tract 1 is currently outside City's corporate limits. b. The Tract 1 Owner and City acknowledge and agree that this Agreement constitutes an agreement to petition for annexation of Tract 1 with the consent of the owner thereof in accordance with Subchapter C-3, Chapter 43, Texas Local Government Code, as amended. Owner Development Agreement — The District Page 2 of 15 23910108v.1 acknowledges and agrees that Tract 1 is eligible for annexation under Subchapter C-3, Chapter 43, Texas Local Government Code, as amended. Within ten (10) calendar days of Effective Date of this Agreement Tract 1 Owner shall submit the Annexation Application, requesting the City Council to voluntarily annex Tract 1. Upon the request of the City, Tract 1 Owner shall promptly execute all other applications and documentation required by Texas law to petition for annexation as required by Texas law. Owner acknowledges and agrees that Tract 1 is eligible for annexation under Subchapter C-3, Chapter 43, Texas Local Government Code, as amended. City staff shall diligently process the Annexation Application in accordance with applicable law, and Owner hereby acknowledges and agrees that City makes no warranties and/or guarantees with regard to the outcome of the Annexation Application. Tract 1 Owner shall bear all City fees/ cost associated with the Annexation Application. c. After submission of the Annexation Application, should the City Council fail to consider the Annexation Ordinance or should a vote on such ordinance fail within sixty (60) days of the date the complete Annexation Application is submitted, City and Tract 1 Owner acknowledge and agree that this Agreement shall thereafter and automatically be of no force and effect as to Tract 1, and City will execute a notice of termination in recordable form. If the City annexes Tract 1 pursuant to the Annexation Application, City agrees to allow service connections to the municipal water and wastewater system immediately following annexation provided that the City has the legal right to provide Tract 1 with water and wastewater services and further provided that Tract 1 Owner complies with City's usual and customary rules and regulations governing such connections, including payment of all applicable fees and costs. 2. Development Regulations. In accordance with the provisions of §212.172, Texas Local Government Code, as amended, Tract 1 Owner agrees that from the Effective Date of this Agreement until such time as an ordinance annexing Tract 1 ("Annexation Ordinance") is approved and becomes effective in accordance with the City Charter and applicable law, the use and development of Tract 1 shall be subject to all applicable ordinances, rules, and regulations of the City, as they exist, may be amended or in the future arising (collectively, the "Regulations"), including but not limited to the Subdivision Ordinance, the Zoning Ordinance and all building and fire codes. During such time period, the City shall be entitled to enforce the Regulations in the same manner as if Tract 1 was located wholly within the corporate limits of the City. Tract 1 Owner agrees that Tract 1 Owner shall not construct or permit the construction of any buildings on Tract 1 until the part or parcel of Tract 1 has been properly subdivided, annexed into and permanently zoned by the City, subject to the terms of this Agreement. Tract 1 Owner agrees that Tract 1 Owner will not request final approval of any type of plat or other development document for any part or parcel of the Property with Collin County, the City or otherwise until such part or parcel of the Property has been properly annexed into the City. Subject to the terms of this Agreement, Tract 1 Owner agrees to obtain permits and inspections from the City and pay all related fees to the City. 3. Zoning Application. The Parties agree that concurrent with the filing of the Annexation Application, the Tract 1 Owner shall submit to the City an application to permanently zone Tract 1 in accordance with the City's usual and customary procedures and requirements for such applications. The Parties agree that the zoning application will request a planned development district based on (i) the townhome renders, attached hereto as "Exhibit E", (the "Townhome Exhibit"), and (ii) the concept plan attached hereto as "Exhibit B", the development and architectural standards attached hereto as "Exhibit F', the zoning and subdivision modifications attached hereto as "Exhibit "G", the Open Space Plan attached hereto as "Exhibit H", the perimeter screen wall description attached hereto as "Exhibit I", and the agreed building materials and methods standards attached hereto as "Exhibit K" (collectively, the "Development Exhibits"). The Parties agree that, if the zoning application is approved and permanent zoning granted by the City Council, Tract 1 will be Development Agreement — The District Page 3 of 15 23910108v.1 developed pursuant to the Development Exhibits. The Parties acknowledge and agree that this Agreement does not in any way guarantee that the City Council will grant the particular zoning requested in the zoning application or otherwise and that the City and its City Council members, Planning and Zoning Commission members, officers, employees and agents shall have no liability under this Agreement or otherwise should the City Council deny the particular zoning requested in the zoning application or otherwise. Regardless of whether the zoning application is approved by the City Council, and notwithstanding the provisions of Section B.2. of this Agreement, Tract 1 may be developed in accordance with this Agreement, the Townhome Exhibit and the Development Exhibits for a period of five (5) years from the Effective Date of this Agreement. Tract 1 Owner agrees that City may enforce the Townhome Exhibit and the Development Exhibits in the same manner that the City enforces its Zoning Ordinance. 4. Platting. Tract 1 Owner shall submit a preliminary plat application for Tract 1 in accordance with the City's usual and customary procedures and requirements for such applications. The preliminary plat application shall comply with this Agreement, the Townhome Exhibit and the Development Exhibits and the City's then -current Subdivision Regulations and other applicable laws, ordinances and requirements, unless in conflict with the terms of the Agreement, in which case this Agreement shall control. The Parties acknowledge and agree that this Agreement does not in any way guarantee that the City Council will grant the particular preliminary plat requested in the preliminary plat application or otherwise and that the City and its City Council members, Planning and Zoning Commission members, officers, employees and agents shall have no liability under this Agreement or otherwise should the City Council deny the particular preliminary plat requested in the application or otherwise. C. TRACTS 2 & 3 AND TRACTS 4 & 5. Tracts 2 & 3 Owner and Tracts 4 & 5 Owner shall, prior to or within ten (10) calendar days of the City Council's adoption of the Tract 1 Annexation Ordinance, submit to the City a zoning application and a preliminary plat application for the zoning and platting of Tracts 2 & 3 and Tracts 4 & 5 in accordance with (i) this Agreement, (ii) the commercial renders attached hereto as "Exhibit C", the apartment renders attached hereto as "Exhibit D" (collectively, the "Mixed -Use Exhibits") and (iii) the Development Exhibits, in accordance with the City's usual and customary procedures and requirements for such applications. The Parties acknowledge and agree that this Agreement does not in any way guarantee that the City Council will grant the particular zoning or platting requested in the zoning or platting applications or otherwise and that the City and its City Council members, Planning and Zoning Commission members, officers, employees, and agents shall have no liability under this Agreement or otherwise should the City Council deny the particular zoning or platting requested in the zoning or platting applications or otherwise. Development of Tracts 2 & 3 and Tracts 4 & 5 in accordance with the Mixed -Use Exhibits and Development Exhibits shall include a reciprocal parking easement in a format substantially similar to that attached hereto as "Exhibit L", or another form acceptable to the City. D. DEFAULT/WAIVER AND RELEASE. 1. If Tract 1 Owner, Tracts 2 & 3 Owner or Tracts 4 & 5 Owner fail to comply with the terms and conditions of this Agreement with respect to the obligations of each such owner, the City shall have the following remedies with respect to each such owner, in addition to City's other rights and remedies: a. to refuse to issue building permits on each such owner's property; Development Agreement — The District Page 4 of 15 23910108v.1 b. to refuse to approve any engineering plans; c. to initiate a zoning change on Tract 1; d. to terminate this Agreement; e. to disannex Tract 1, if annexed pursuant to this Agreement; and/or f. to seek specific performance of this Agreement. 2. In the event City fails to comply with the terms and conditions of this Agreement, Tract 1 Owner is entitled to seek specific performance of this Agreement, an injunction or mandamus, if legally available, as the sole and exclusive remedy. The City shall have no liability or obligation to Tracts 2 & 3 Owner or Tracts 4 & 5 Owner under this Agreement. E. MISCELLANEOUS PROVISIONS. 1. Agreement a Covenant Running with the Land. This Agreement shall be recorded in the Real Property Records of Collin County and shall be a covenant running with the land, binding upon all Parties having any right, title or interest in the Property or any part thereof, including their respective heirs, successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. This Agreement may not be revised or amended without the written consent of all Parties. 2. Building Materials. Tract 1 Owner, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner hereby voluntarily consent and agree that in the construction, renovation, maintenance, and alteration of any existing or future building on the Property, Tract 1 Owner, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner and their successors and assigns shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that is not approved by the City and set forth in Exhibit "L", attached hereto and incorporated herein for all purposes, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code, as it exists or may be amended. The City hereby designates the Property as culturally or architecturally important and significant, and Tract 1 Owner, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner, on behalf of themselves and their respective successors and assigns, hereby voluntarily consent and agree to such designation. Tract 1 Owner, Tracts 2 & 3 Owner and Tracts 4 & 5 Owner, on behalf of themselves and their respective successors and assigns, hereby voluntarily waive any rights or protections that may exists under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property, and further agree that the City's right to enforce the building products and materials and aesthetic methods specified in Exhibit "L" arise from this Agreement and not from a rule, charter provision, ordinance, order, building code, or other regulation of the City. 3. Notice of Agreement. Prior to the sale or conveyance of any portion of the Property, the owner of such portion shall give written notice and a copy of this Agreement to the prospective purchaser or grantee, shall promptly provide a copy of such disclosure to the City and shall give prompt written notice of the sale or conveyance to the City. 4. Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights in, on or to the Property, or any portion thereof or interest therein. In addition, nothing contained in this Agreement shall constitute a "permit" as defined in Chapter 245 of the Texas Local Government Code, as amended, and nothing in this Agreement provides the City with fair notice of any project of a Party. Development Agreement — The District Page 5 of 15 23910108v.1 5. Limitations of Agreement. The Parties acknowledge that the City's regulations covering property taxes, utility rates, permit fees, inspection fees, tree mitigation fees, development fees, parkland dedication, park fees, impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further, this Agreement does not waive or limit any of the obligations of any Party to the City under any City regulations. The Parties acknowledge that this Agreement is expressly limited to the provisions contained herein. 6. Incorporation of Recitals. The recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as if set forth verbatim and adopted as findings of each Party. 7. Binding Agreement; Assignment. The teiuis and conditions of this Agreement are binding upon the Parties hereto. This Agreement may not he assigned by any owner of the Property, in whole or in part, except to an affiliate of such owner without the consent of the City. 8. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the Party to be notified, postage pre -paid and registered or certified with return receipt requested, or by delivering the same in person to such Party via electronic mail, with documentation evidencing the addressee's receipt thereof, or a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the Parties shall be as follows: If to City. addressed to it at: City of Wylie ATTN: Chris Holsted, City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Electronic Mail: chris.holsted@wylietexas.gov With a copy to: Abernathy, Roeder, Boyd & Hullett, P.C. ATTN: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Electronic Mail: rpittman@abemathy-law.com If to Tract 1 Owner, addressed to it at: The District Townhome c/o Daydra Management LLC ATTN: Ryan Cole 709 Business Way Wylie, TX 75098 Telephone: (972) 807-0073 Electronic mail: ryan@daydramanagement.com Development Agreement — The District Page 6 of 15 23910108v.1 If to Tracts 2 & 3 Owner, addressed to it at: The District Lifestyle, LLC c/o Daydra Management LLC ATTN: Ryan Cole 709 Business Way Wylie, TX 75098 Telephone: (972) 807-0073 Electronic mail: ryan@daydramanagement.com If to Tracts 4 & 5 Owner, addressed to it at: The District Lifestyle II, LLC c/o Daydra Management LLC ATTN: Ryan Cole 709 Business Way Wylie, TX 75098 Telephone: (972) 807-0073 Electronic mail: ryan@daydramanagement.com With a copy to: Jackson Walker LLP ATTN: Suzan Kedron 2323 Ross Avenue Dallas, Texas 75201 Telephone: (214) 953-5943 Electronic Mail: skedron@jw.com 9. Warranties/Representations. All warranties, representations and covenants made by a Party to any other Party in this Agreement, or in any certificate or other instrument delivered by a Party to any other Party under this Agreement, shall be considered to have been relied upon by the receiving Party. 10. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the Parties hereto. 11. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement, without regard to conflict of law principles. This Agreement is performable in Collin. County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 12. Consideration. This Agreement is executed by the Parties hereto without coercion. or duress and for substantial consideration, the sufficiency of which is forever confessed. 13. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail signature will also be deemed to constitute an original if properly executed and delivered to the other Parties. 14. Authority to Execute. The individuals executing this Agreement on behalf of the respective Parties below represent to each other and to others that all appropriate and necessary Development Agreement — The District Page 7 of 15 23910108v.1 action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the Party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the Party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the Effective Date. 15. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 16. Representations. Each signatory represents this Agreement has been read by the Party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. 17. No Third -Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the Parties do not intend to create any third -party beneficiaries by entering into this Agreement. 18. Waiver. Waiver by any Party of any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time, shall not, in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance. 19. Immunity. It is expressly understood and agreed that, in the execution of this Agreement, City has not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, express or implied, other than those set forth herein. 20. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. 21. Term. Subject to Section B.1.c. above, and unless earlier terminated as provided herein, the term of this Agreement shall begin on the Effective Date of this Agreement and shall end five (5) years thereafter. [Signatures appear on the next page.] Development Agreement — The District Page 8 of 15 23910108v.1 IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this Agreement to be effective on the Effective Date. CITY: CITY OF WYLIE, TEXAS, a home -rule municipality By: Attest: Chris Holsted, City Manager Stephanie Storm, City Secretary TRACT 1 OWNER: SERENE DISTRICT TOWNHOMES LLC a Texas limited liability company d/b/a THE DISTRICT TOWNHOME By: Printed Name: Its: TRACTS 2 & 3 OWNER: THE DISTRICT LIFESTYLE LLC a Texas limited liability company By: Printed Name: Its: TRACTS 4 & 5 OWNER: THE DISTRICT LIFESTYLE II LLC a Texas limited liability company By: Printed Name: Its: Development Agreement — The District Page 9 of 15 23910108v.1 LIST OF EXHIBITS • EXHIBIT Al — Legal Description of Tract 1 • EXHIBIT A2 — Legal Description of Tracts 2 & 3 • EXHIBIT A3 — Legal Description of Tract 4 & 5 • EXHIBIT B — Concept Plan • EXHIBIT C — Commercial Renders • EXHIBIT D — Luxury Multifamily Renders • EXHIBIT E — Townhome Renders • EXHIBIT F — Development and Architectural Standards • EXHIBIT G — Zoning Modifications • EXHIBIT H - Open Space Plan • EXHIBIT I — Perimeter Screen Wall Description • EXHIBIT J — Form of Annexation Application • EXHIBIT K — Agreed Building Materials and Methods Standards • EXHIBIT L — Reciprocal Parking Easement Development Agreement — The District Page 10 of 15 23910108v.1 EXHIBIT Al — LEGAL DESCRIPTION OF TRACT 1 SITUATED in the State of Texas and the County of Collin, being part of the R. D. NEWMAN SURVEY, Abstract No. 660, being part of a called 4.95 acre tract of land conveyed to All East Inc. by deed recorded in Document No. 92-0081176 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod capped "Roome" set for corner in the existing southeast right-of-way line of State Highway 78, in the southwest line of said 4.95 acre tract and marking the northwest corner of Tract 2 of Woodbridge Villas, an addition to the City of Sachse, Collin County, Texas, according to the plat thereof recorded in Volume P, Page 933 of the Plat Records of Collin County, Texas; THENCE with said southeast right-of-way line and crossing said 4.95 acre tract, North 52° 18' 37" East, 673.36 feet to a 1/2 inch iron rod capped "Roome" set line of said 4.95 acre tract and marking the northwest corner of the remainder of a called 7.062 acre tract of land conveyed to T. S. Miller, Ltd. by deed recorded in Volume 4418, Page 1494 of the Deed Records of Collin County, Texas; THENCE with the west line of said Miller tract and the east line of said 4.95 acre tract, South 20° 08' 57" East, 517.58 feet to a point for corner in the north line of the remainder of a called 83.2736 acre tract of land conveyed to WGC Properties, LLC by deed recorded in Volume 4110, Page 1774 of the Deed Records of Collin County, Tex southwest corner of said Miller tract and the southeast corner of said 4.95 acre tract, from which an old wood fence post found for reference bears South 20° 08' 57" East, 0.59 feet; THENCE with the north line of said WGC Properties tract, the north line of said Tract 2 and the south line of said 4.95-acre tract, North 88°51'27" West, 185.63 feet to a 1/2-inch iron rod capped "Roome" set for corner; THENCE with the north line of said Tract 2 and the south line of said 4.95-acre tract as follows: North 86° 39' 56" West, 117.57 feet to a 1/2-inch iron rod capped "Roome" set for corner; North 87° 36' 56" West, 315.06 feet to a 1/2-inch iron rod capped "Roome" set for corner; and North 61° 33' 29" West, 106.20 feet to the point of Beginning and containing 4.165 acres of land, more or less. Development Agreement — The District Page 11 of 15 23910108v.1 EXHIBIT A2 — LEGAL DESCRIPTION OF TRACTS 2 & 3 Tract 2 Legal Description Situated in Collin. County, Texas, and BEING a tract out of the RIC D. 14E SURVEY, ABSTRACT NO. 660 and being part of a 9.70 acre tract as described in a Deed from 1 R. Beck et ux to R. S. 'Williams, dated 10-20-1910, recorded in Volume 165, Page 430 of the Collin County I)eed Records, and being part of a 17.062 acre tract of land and being more padieularly described as follows: B -U1NThllU at the Southwest comer of said 19.70 aere -tract, said comer being the Southwest comer of said 17.062 acre tract; THENCE Now 20 deg. 28 min. West with fence fine and with the Southwest line of said 19.70 acre tract and said 17.062 acre tract, 562.60 feet tri a stake for corner set in the Southeast ROW line of State Highway No. 78; THENCE North 52 deg. 16 min. East with the Southeast ROIV line of S - Highway No. 78, and the Northwest tire of' said 17.062 acre tract, 463.80 feet 1,o a stake for comer; (continued next page) Development Agreement — The District Page 12 of 15 23910108v.1 THENCE South 18 deg. 29 min. East across said 19.70 acre tract and across said 17.062 acre tract, 874.80 feet to stake for corner; THENCE North 87 deg. 36 min. West with fence line and with the South line of said 19.70 acre tract and said 17.062 acre tract, 447.90 feet the PLACE OF BEGINNING and containinE 7.062 acres of land, more or less. SAVE & EXCEPT: Being that parcel conveyed by Judgment recorded in Volume 4418, Page 1353, Real. Records of Collin County, Texas, and being more particularly described as follows: BEING 18,029 square feet or 0.4139 acres of land, more or less, situated in the City of Wylie and in the R.D. Newman Survey, Abstract Number 660, Collin County, Texas, and being a part of the land conveyed to Troy J. Miller by deed as recorded in Volume 1719, Page 301, Deed Records of Collin County, Texas; said 18,029 square feet or 0.4139 acres of land being more particularly described by metes and bounds as follows: COMMENCING at an iron rod being the southeast corner of a tract of land conveyed to Leon Jackson Robinson and wife, Belva Jo Robinson by deed as recorded in Volume 1150, Page 200, Deed Records of Collin County, Texas, and the southwest corner of a tract of land conveyed to Robert Bair by deed as recorded in Volume 887, Page 705, Deed Records of Collin County, Texas; THENCE North 19 degrees 34 minutes 18 seconds West along the common property line of said Robinson tract of land and said Bair tract of land for a distance of 1,004.23 feet to a point in the new southern right of way line of State Highway 78; THENCE South 52 degrees 19 minutes 07 seconds West along said new southern right of way line for a distance of 230.77 feet to an iron rod set in the common property line of said Robinson tract of land and said Miller tract of land, said iron rod set being the POINT OF BEGINNING; THENCE continuing along said new southern right of way line as follows: (1) South 52 degrees 19 minutes 07 seconds West for a distance of 251.04 feet to a P.K. Nail set at an angle point; (2) South 46 degrees 36 minutes 12 seconds West for a distance of 100.50 feet to a P.K. Nail set at an angle point; (3) South 52 degrees 18 minutes 50 seconds West for a distance of 114.49 feet to an iron rod set in the common property line of said Miller tract of land and a tract of land conveyed to Homer E. Minyard and wife, Billie Jean Minyard by deed as recorded in Volume 2424, Page 17, Deed Records of Collin County, Texas; (4) THENCE North 20 degrees 25 minutes 18 seconds West along said common property line for a distance of 47.54 feet to the northeast comer of said Minyard tract of land and the northwest corner of said Miller tract of land, in the existing southern right of way line of State Highway 78; (continued next page) Development Agreement — The District Page 13 of 15 23910108v.1 (5)THENCE Nmzthj2 degrees l8minutes 4%seconds East m}0rig«oid existing southern right of way line for a distance 0f463.80 feet to the northeast cerner of said Miller tract of land and the northwest corner ofsaid Robinson tract oflmmd' , (6) THENCE South]8 degrees 26 minutes l8seconds East along the common property line of said NfiDsztract mtland and said Robinson tract nfland for mdimhanrcof 37.53feet tothe POINT OF 13EGINNING,omxds ooarea nfl0,029square feet orO.4l3Vacres wfland, more or Tract Legal Description ABS A0660 R D NEWMAN SURVEY, TRACT 11, 4.8125 ACRES ABSTISUB ID A0660 Collin County TX BEING a 4.83 acre tract ofland situated in the Richard D. Newman Survey, Abstract No. 660Collin County, Texas and being a portion of tract ofland described in deed to AUSTIN VVYLIE REALTY, LTD, recorded in Document Number (Doc. No.) 97-0078085 of the Deed Records of Collin County, Texas (D.R.C.C.T.) and being more particularly described bymetes and bounds usfollows: COMMENCING at a 1/2" iron rod with cap stamped "ROOME" found at the West corner ofatract of land described indeed toSerene District TownhonnesLLC,recorded inDoc. No ZOI8OS2S0OO643DO0CiPLC.C]',the common Northwest corner of WOODBRIDGE VILLAS, recorded in Slide 8591 of the Plat Records of Collin County, Texas (P.R.C.[T.) and in the Southwest Right -of -Way (R-O.VV.) line of State Highway No. 78 (variable width THENCE N 5102412" E with the Southwest R.O.W. line of said State Highway No. 78, a distance of 1132.84 feet toa1/I"iron rod with cap stamped "EAGLE SURVEYING" set inthe West line ofsaid AUSTINVVYLIEREALTY, LTD tract, the common East line of tract of land described in deed toT.5. Miller, LTD., recorded in Doc. No, 99- DU6161SD.R.C.C.T.and atthe POINT 0FBEGINNING; THENCE NS1��59" E,cver and across said AUSTIN WYLIE REALTY, LTD tract, with the Southwest line ofm "Save and recorded with said AUSTlNVVYLlEREALTY, LTD deed in Doc. No. 07-0078085, same being the Southwest R.O.W. line of said State Highway No. 78, a distance of231.65 feet to o 1/2^iron rod with cap stamped "EAGLE SURVEYING" set in the East line of said AUSTIN WYLIE REALTY, LTD tract and at the Northwest corner of a tract of land describe in deed to GREENWOOD IV, LTD, recorded in Volume 5995, Page 4195 THENCE SJ0=1SJ7^E,with the East line nfsaid AUSTINVVYLlE REALTY, LTD tract and the common West line of said GREENWOOD IV, LTD tract, a distance of 1004.20 feet to a 1/2" iron rod found at the Southwest corner of said AUSTIN WYLIE REALTY, LTD tract, the common Southeast corner of said GREENWOOD IV, LTD tract and in the North line ofVVOOD8RIDGE GOLF CLUB, recorded in Slide 4157 P.R.[.C.T.; THENCE N 88014'27" W, with the south line of said AUSTIN WYLIE REALTY, LTD tract and the common North line of said VVO0D8Al0GE GOLF CLUB, o distance ufI5S.34 feet to a 1/2"iron rod found at the Southwest corner nf said AUSTIN WYLIE REALTY, LTD tract and the common Southeast comer of said T.S. Miller, LTD tract; THENCE 1900727" W, with the West line of said AUSTIN WYLIE REALTY, LTD tract and the common Eastline ofsaid T.S. Miller, LTD tract, a distance nf836.64 feet tothe POINT OF BEGINNING and containing 4.83 acres of land more orless. Devolopo`oorAgremunmot—TbmDistrict Page l4ufl5 23»m|oo,/ EXHIBIT A3 — COMBINED LEGAL DESCRIPTION OF TRACTS 4 & 5 SITUATED in the State of Texas and the County of Collin, being part of the RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660, being all of a tract of land conveyed to Michael David Morris by deed recorded in County Clerk's File No. 99- 0008047 of the Deed Records of Collin County, Texas, and these premises being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set in the South right-of-way line of South State Highway No. 78, marking the Northeast comer of a tract of land conveyed to Austin Wylie Realty, Ltd., by deed recorded in County Clerk's File No. 97-0078085 of the Deed Records of Collin County, Texas and the Northwest comer of said premises; THENCE with said South right-of-way line and the North line of said premises, North 52 degrees 16 minutes 25 seconds East, 270.83 feet to a 1/2 inch iron rod set marking the Northwest comer of a tract of land conveyed to Larry Van Nelson and Polly H. Nelson by deed recorded in County Clerk's File No. 94-0066961 of the Deed Records of Collin County, Texas and the Northeast comer of said premises; THENCE with the West line of said Nelson tract and the East line of said premises as follows: South 20 degrees 51 minutes 00 seconds East, 478.43 feet to a 1/2 inch iron rod set; South 47 degrees 06 minutes 00 seconds East, 38.70 feet to a 1/2 inch iron rod set; South 21 degrees 04 minutes 00 seconds West, 115.60 feet to a 1/2 inch iron rod set; South 00 degrees 42 minutes 00 seconds East, 402.00 feet to a 1/2 inch iron rod set; South 03 degrees 57 minutes 00 seconds East, 130.40 feet to a 1/2 inch iron rod set in the North line of a tract of land conveyed to WGC Properties, LLC by deed recorded in County Clerk's File No. 98- 0017594 of the Deed Records of Collin County, Texas, marking the Southwest comer of said Nelson tract and the Southeast comer of said Premises; THENCE with the North line of said WGC Properties, LLC tract and the South line of said premises, North 87 degrees 36 minutes 00 seconds West, 48.19 feet to a 1/2 inch iron rod set marking the Southeast comer of said Austin Wylie Realty, Ltd. tract and the Southwest comer of said premises; THENCE with the East line of said Austin Wylie Realty, Ltd. tract and the West line of said premises, North 19 degrees 37 minutes 00 seconds West, 1003.91 feet to the POINT OF BEGINNING and containing 4.79 acres of land, more or less. Development Agreement — The District Page 15 of 15 23910108v.1 Page is too large to OCR. EXHIBIT C - Commercial Concept Renders 00000.0000440000000 EXHIBIT C EXHIBIT D - Luxury Multifamily Concept Renders Exhibit D EXHIBIT E - Townhome Concept Renders EXHIBIT E EXHIBIT F — DEVELOPMENT AND ARCHITECTURAL STANDARDS General Standards: Applicant intends to immediately develop the Property as a Planned Development on Tract 1, known as "The District Townhomes LLC", and Tract 2, Tract 3, Tract 4, and Tract 5 known as the "District Lifestyle LLC", as shown on Exhibit B. The owner of Tracts 2 & 3, and the owner of Application Tracts 4 & 5 agree that subject to the annexation of Tract 1 and approval of the Zoning, the owner of Tracts 2 & 3, and the owner of Tracts 4 & 5 shall complete or cause completion of construction of at least Forty -Thousand (40,000) square feet of commercial/retail/office/ residential space (of which no less than 20,000 square feet of commercial/retail space and no less than 10,000 square feet of office space) on Tracts 2, 3, and/or 4&5 and obtain from the city all corresponding certificates of occupancy prior to receiving final inspections or certificates of occupancy for any building on Tract 1. Residential Townhome Dimensional Standards: Minimum lot area: 1,495 square feet (rear entry), 1,875 square feet (front entry) (Current Code 3,500 Exterior/ 3,000 Interior) Minimum lot width: 30' (Current Code: 23') Minimum lot depth: 66' (Current Code: 100') Minimum front yard: 11' (Current Code: 20') Minimum rear yard: 10' (Current Code: 25') Minimum side yard: 5' (Current Code: 5') Minimum dwelling area: 1,403 square feet Excludes garage (Current Code: 1,000 sf Excludes Garage) Maximum Building Height: 40' (Current Code: 40') Residential Townhome Architectural Standards: 1. Our maximum density in The District Townhome Community shall be 8.16 Townhomes per gross acre. 2. A perimeter screen shall be provided along the property adjacent to S Hwy 78 as generally shown on Exhibit "J". 3. Entry Features: Architectural features on stone, brick, and wrought iron screening walls monuments. 4. Signage at Community Entrance: Illuminated community identification shall be incorporated into a stone screening wall or monument located at the Community entrance. The sign shall be illuminated by means other than street lights. Landscaping and upright towers for the Community entrance signage shall be constructed. 5. Sidewalk Locations: Five-foot sidewalks shall be provided within the property. Primary walkway paving shall be enhanced using earth -tone colored concrete (stain mixed, not applied after), stamped/pattern concrete, aggregate or brick/paver stone at a minimum of every 75 feet. (Current Code 5' Minimum) 6. Sidewalk Lighting: decorative Street pole lighting shall be provided throughout the Community Developer pays for installation and electricity and HOA will maintain thereafter. 7. Mailboxes: Shall be located in a dedicated area as required by the USPS. Mailboxes shall be of a uniform style selected by the Developer and shall be stylistically consistent throughout The District Townhomes Community. 8. A landscape plan shall be provided in conjunction with the preliminary plat. The landscape plan shall require City approval. The plan shall comprehensively address edge treatments, perimeter screening, and individual townhouse Page 1 of 4 EXHIBIT F 23896350v.1 landscape design. The Developer Daydra Management, shall coordinate with the City on the selection of type, style location, and size of all landscape improvements, including but not limited to plants, trees, mulch, irrigation, and benches. Any Open space must be approved by Park Board. 9. A minimum of 15% of the land within The District Townhome shall be used as Open Space. The open space and swimming pool/grill area will be owned and maintained by the homeowners' association (the "HOA"). With the exception of the swimming pool area, all open space within the Community shall be accessible to the public. (Exhibit 10. Public open spaces shall be dedicated by plat to the City of Wylie in accordance with City's Subdivision Regulations. 11. Maintenance of the Open Space Area Maintenance of the open space area will be the responsibility of the Developer until it is turned over to the Homeowners Association (HOA). Developer will be the contact entity with the City for all concerns regarding maintenance of open space until 100% of HOA control is turned over to the homeowners. A. Developer/HOA maintenance and responsibilities of amenities include: 1. Clean up and litter removal. 2. Landscaping installation, care, and maintenance. 3. Trimming, clearing, and removal of unwanted vegetation as deteiuiined by the City Park Division. 4. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 12. Water and sanitary sewer will be extended by the Developer Daydra management to the site, spanning under Maxwell Creek per TXDOT & City standards. 12. Minimum concrete pavement specifications shall be: six (6") inches of concrete, 3,600 psi, with # 3 rebar at 18- inch center to center. 13. Lighted house number plaques shall be provided on the front of all homes. 14. Exterior facade material: All townhome units in Tract 1 shall have 100 percent of each facade comprised of masonry as defined in Exhibit L. 15. Exteriors shall have contrasting colors to achieve an architecturally enhanced appearance. Trim shall be painted one color, and a side surface and garage doors shall be painted or stained a second color. 16. Roof pitches shall be a maximum of 6:12 for main gables and hips. Dormer roofs and roofs over porches may have a lesser pitch. (Current Zoning 8:12) 17. Roofing materials shall be architectural grade overlap architectural shingles, metal, or composite Spanish roof tile and other roof appearances shall match the color of the roof. 18. Garage doors shall be carriage style in appearance. This requirement shall be accomplished with the following: a. Garage door panels shall be wood clad or have the appearance of wood. b. Decorative hardware shall be attached to the garage doors. Such hardware shall include handles and hinges in a complementary color. 19. Landscaping: Sodded front yards must be provided with a minimum of two - three-inch caliper trees. Landscaping shall also be provided along the primary walkway to any home. When automated, subsurface irrigation systems are provided, rain sensors shall be installed and operational. (Landscape Plan to be provided at building permit level). Page 2 of 4 EXHIBIT F 23896350v.1 20. Energy: All homes shall comply with the then -current ICC Energy Code adopted by the City (including all local amendments). 21. Lighting: a. Entrances to homes and garage doors shall be illuminated. b. The color and shape of lighting hardware must be compatible with other building hardware. c. Lighting must be uniformly spaced. d. Lighting must be integrated with other accents and reveals. e. Specialty lighting shall be coordinated with predominate architectural features. f. Lighting fixtures along rights -of -way must be spaced to avoid conflicts with tree plantings. The heights of lighting fixtures must also avoid conflicts with tree plantings. Commercial Retail Standards 1. The Development will be a private development with public access and Property Owners Association maintained improvements and floodplain. 2. Public open spaces shall be dedicated by plat to the City of Wylie in accordance with City's Subdivision Regulations. 3. Maintenance of the Open Space Areas A. Maintenance of the open space areas will be the responsibility of the Developer until it is turned over to a Property Owners Association (POA). B. Developer/POA maintenance and responsibilities of open space and/or amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 4. Parking: The Mixed -Use project shall be shared parking easements across Tracts 2 &3 and Tracts 4 &5,. The Businesses and Residents all have varying hours of operations and use, there is not the same need/demand for parking as typically seen on a single -use building. Therefore, the Developer is requesting a reduction of 15% over the normal parking requirement. For the overall project to meet a minimum of 790 spaces that are required to be allowed at a 15% reeducation to the typical code. Each lot of the commercial mixed -use development will be encumbered by a shared parking easement to allow for shared parking across the entire development. (Exhibit M 5. Lighting: a. The color and shape of lighting hardware must be compatible with other building hardware. b. Lighting must be uniformly spaced. c. Lighting must be integrated with other accents and reveals. d. Specialty lighting shall be coordinated with predominate architectural features. e. Decorative lighting and sconces shall be provided at all main entrances. f. Lighting fixtures along rights -of -way must be spaced to avoid conflicts with tree plantings. The heights of lighting fixtures must also avoid conflicts with tree plantings. 6. Signage at Community Entrance: Illuminated community identification shall be incorporated into a stone screening wall or monument located at the Community entrance. The sign shall be illuminated by means other than street lights. Subject to visibility triangle standards. 7. Roofing: a. A minimum variable roof pitch of inch to 12 inches and/or a flat TPO must be used. b. Composite Spanish roof tile with a 30 to 50-year warranty must be used on visible roofing. Page 3 of 4 EXHIBIT F 23896350v.1 c. Building roof types, forms, and elements should provide variation and interest in building profiles and contribute to the architectural identity of the buildings without creating an imposing scale on adjacent uses. 8. Five-foot sidewalks shall be provided within the property. (Current Code 5') 9. Landscaping: Trees and specimen should be planted to coincide with the overall style and quality of the development project. (Landscape Plan to be provided at building permit level). a. Ground level utility connections and mechanical equipment must be screened with walls and landscape material which are compatible with the overall building design. b. Shall be provided close to the building to emphasize the pedestrian scale. 10. Energy: i. Energy -efficient architectural lighting must be used. ii. LED lighting must be used for street lighting. iii. An HVAC of 18 to 23 SEER must be used. iv. Standard R values must be exceeded. Page 4 of 4 EXHIBIT F 23896350v.1 EXHIBIT G - Zoning and Subdivision Variances Tract 1— 4.16 acres Townhomes Current Codes Compared to Requested Variances Item Current Requested Lot Size 3,500 Exterior / 3,000 Interior Min Of 1,495 SF On Rear Entry Units, 1,875 SF On Front Entry Units Lot Width 30' 23' Lot Depth 100' 66' Corner Lot 45' 15' Minimum front yard 20' 11' Minimum rear yard 25' 10' Building Articulation 25% Min Street Facade 15%, lst Floor: 25% Max Porch 40' Entry/ 100' Rear Entry 18'/ 20' Rear Max. Roof Pitch 8:12 6:12 Repetition Of Floor Plan 7 Same Sides/ 4 Opposite Sides 14 Same sides with color variation Tract 2,3,4, and 5—16.2405 acres For Mixed -Use Current Codes Compared to Requested Variances Item Current Requested Max Height 36' 50' Number of stories 2 4 Lot coverage 45% Up to 3 lots at 65% provided cumulative coverage of all lots does not exceed 45% Parking By single use method 20% Reduction for mixed -use Multifamily Dwelling 15 Dwelling Units/Gross Acre 150 Luxury Multifamily on 6 lots equally 3.29 Acres 46 units/ Per Gross Acre Multifamily Building Separation between detached buildings (feet) 20 or height of building, whichever is greater. Space Allowed 20' Page 1 of 1 23881260v.1 EXHIBIT G Page is too large to OCR. EXHIBIT I - Perimeter Screen Wall *Landscape and screen wall will be approved at building permit level. EXHIBIT I EXHIBIT - FORM OF ANNEXATION APPLICATION ANNEXATION APPLICATION CITY OF WYLIE PLANNING DEPARTMENT (972) 516-6320 Property Description: Survey Name and Abstract No.: Tract Number(s): Number of Acres: Number of People Living on Each Tract of Land (attach an additional sheet if necessary): Current Property Owner's Name: Company: Address: City, State, Zip: Phone #: Fax #: E-Mail Address Owner's Signature: Representative's Name: Company: Address: City, State, Zip: Phone #: Fax #: E-Mail Address Submittal Requirements Application Application Fee: $200 Metes and bounds description of the property with a graphic exhibit. The metes and bounds description and the graphic exhibit must contain an original seal and signature of a registered professional land surveyor and shall be on an 8'/2" x 11" sheet of paper. An exhibit depicting the location of the property in location to the nearest existing or future major thoroughfare north, south, east, and west of the property. All presentation material must be received by Staff on the Monday the week prior to the meeting. TO BE COMPLETED BY PROPERTY OWNER OR THEIR REPRESENTATIVE: STATE OF TEXAS } { COUNTY OF } { BEFORE ME, a Notary Public, on this day personally appeared the undersigned applicant, who, under oath, stated the following: "I hereby certify that 1 am the owner, or duly authorized agent of the owner, for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the My Commission expires Owner, Applicant, or Representative day of , 20 Notary Public in & for the State of Texas OFFICE USE ONLY Location of Property: This application meets the Planning Department's requirements for processing. Case Number: Signature Date EXHIBIT K — AGREED BUILDING MATERIALS AND METHODS STANDARDS Architectural Design requirements for exterior building materials shall be achieved in accordance with the following criteria: 1. Tract 1 Townhome Development a. All townhome units shall have 100 percent of each facade composed of masonry. b. Masonry shall include brick, stone, or masonry stucco. c. EIFS may be used as an accent material and comprise no more than 15 percent of any facade. d. Roofing materials shall be architectural grade overlap architectural shingles, metal, or composite Spanish roof tile and other roof appearances shall be painted to match the color of the roof. 2. Tracts 2, 3, 4, & 5 Mixed -Use Development a. Primary front facade materials shall be a minimum of 80 percent masonry product with at least 20 percent stone on the front facade. b. Approved primary masonry materials include, brick, stone, masonry stucco, or decorative concrete. c. Up to 20 percent of the front facades may be stucco with decorative accents such as cementitious fiberboard and metal trims. d. The remaining three facades shall be a minimum of 60 percent brick or stone, and up to 40 percent may be stucco with decorative accents such as cementitious fiberboard and metal trims. e. EIFS shall not be considered acceptable primary exterior material but shall be accepted when applied as accent or architectural features and shall not exceed 15% of any facade face. f. To achieve facade articulation, visual variety and/or architectural detailing buildings shall use two complementary primary facade materials. g. Composite Spanish roof tile with a 30 to 50-year warranty must be used on visible roofing. EXHIBIT L FORM OF CROSS ACCESS EASEMENT AND PARKING SHARE AGREEMENT WHEREAS, District lifestyle LLC and District lifestyle II LLC , hereafter, "Owers" are the owners of the following contiguous tracts located in the City of Wylie, County of Collin.: [Legal Descriptions tracts 2-4 to be inserted here.] PARKING EASEMENT WHEREAS, Owners desire to impress upon the said properties' certain reciprocal covenants, rights -of -way, and restrictions regarding the use, access, and maintenance which shall inure to the benefit of and be binding upon Owners and their successors and assigns. THEREFORE, the undersigned Owners do hereby impress upon the above -described properties the following covenants, rights -of -way, and restrictions, which shall hereafter be covenants which run with the land and shall inure to the benefit of each of the Owners their grantees, successors and assigns: 1. Each Grantor shall have a continuous nonexclusive reciprocal easement over the parking and access areas shown on Exhibit B (Easement Areas) for parking of vehicular traffic and for ingress and egress by each Grantor's invitees, guests, customers, successors and assigns. 2. No Owner or successors in title shallobstruct or restrict the use of any portion of the said parking lot and no buildings or improvements may be erected upon said Easement Areas. The Easement Areas on each Owner's tract shall be maintained in a serviceable, neat and acceptable manner and in a manner so that the overall appearance of said drives and parking lot shall be uniform. Each of Grantor's successors in title to tract two, tract three, tract four, and tract five shall be charged with the repair and maintenance of any damages caused by the owner owner or its guests or invitees to be promptly repaired. That the easements granted hereby may not be expanded or modified except by a further agreement in writing and recordable four by all Owners or their heirs. In the event, it becomes necessary to enforce the terms of this easement through court proceedings the prevailing party shall be entitled to reasonable attorney's fees. [Signtures and Acknowledgements] Exhibit L Page 1 of 1 Building # SF per Concept Plan (8-16-19) Apt 2/du Condos 2/du TH 2/du Gen Office 1:400 Commercial/Retail 1:400 Food Service 1:100 Grocery Store 1:300 Medical Office 1:400 PARKING REQUIRED Ground PARKING PROVIDED Garage PARKING PROVIDED Levels 2-4 (not verified) L. 2 3'. 4 11,529 31,500 37,800 49,000 3 Units Agreement 150150 (35,000), 8 8 (10,500) _.. 34 34 98,550 (37,800)', (39,000)'.. 90,250 (11,529)', (21,000)', 15,700 (14,000)'. 5 6 7' 9,000 36,750 36,750 (36,750) (36,750)', 8 9' 10'. 11' 12'. 13'. 14' 15. 16'. 17 6,750 36,750 49,000 15,700 3,000 13,000 3,500 7,750 7,750 7,750 (26,250) (26,250) (35,000)', (10,500) (10,500) (14,000) (3,000) (3,000) (13,000) (3,500) (7,750) (7,750) (7,750 _.... (12,700) 29 69 95 85 98 50 50 76 76 85 42 8 33 9 19 19 19 33 81 65 61 58 P. 2 0 17 36 73 8 16 11 29 18 106 _. _. Total Provided: _._ Underparked by: Assume 25 units per building 423,279 TOTAL (196,000)', (10,500)'. (76,800)', (113,279)'.. (12,700)'.. (14,000) (423,279)'. 861 615 644 Stated 146 146 Stated 761 790 Stated 100 71'. Stated THE DISTRICT Daydra Management LLC LUXURY Luxury Living • Luxury Only • High end features* Luxury Townhomes • High end units • Development agreement agrees to higher end finishes* *86 legislation states city no longer has the ability to control building material, however Daydra agrees to comply with the standard prior to legislation. SEE DISPLAY ECONOMIC IMPACT • Minimal impact on total cost of service such as police, fire, water, and other services. • See chart below showing the positive impact that "The District" will cover the cost through taxes, and give additional income to Police, Fire, and City. Net Taxes Real Property Taxes FF&E Property Taxes Inventory Property' Taxes New Residential Property Taxes Utili Revenue Utility Franchise Fees Building Permits and Fees Hotel Occupancy Taxes Miscellaneous Taxes & User F Cost of Providing Mu Cost of Providing Utility Services ubtota,l C�ts�����,, City from ttte Projec New Residents To 4,,+692 $9, 573, 566 $0 S4 $4,130,676 $1,356,057 $1,030,030 $0 564 2.5..555 ($3,959,310) 9) 79) Net fknefits S24 176 ECONOMIC IMPACT • Permanent Jobs: According to Impact DataSource, 419 direct and 74 indirect jobs. • Temporary Jobs: According to Impact DataSource, 292 direct and 173 indirect jobs. (Direct indicates working on -site/ Indirect jobs are around the area) SCHOOL BENEFIT • "The District" will increase the tax benefits for the school system. • Impact will be approximately 87 student increase. • Local school members gives support. • PTA shows support. Fiscal Impact: Wylie ISD Net Benefits Year 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Tota Benefits $282,547 $572,360 $869,618 $1,174,501 $1,487,196 $1,516,940 $1,547,279 $1,578,224 $1,609,789 $1,641,985 $1,674,824 $1,708,321 $1, 742,487 $1,777,337 $1,812,884 $1,849,141 $1,886,124 $1,923,847 $1,962,324 $2,001,570 30,619,299 COMMUNITY BENEFIT • Many emails from Wylie community and local businesses are showing support for "The District". • Dr Fradahunsi • Jaso Shawn • Chris Johnson • Tim Smith • Kim Mays • Jeff & Judy Hurse • Jotrella Murret • Janet Hall • City has over 2 Billion dollars of leakage • Local Attractions • New local restaurants and shops • Beautify the once eye sore at turning an old junk yard into a destination area, where you can shop, play, live, and work. PRESALES • Building Sales • Building 3 • Building 4 • Building 6 • Building 7 • Building 8 • Building 9 • Building 10 • Building 12 • Some of our Commercial Users • Wine and Cheese • Skipper Belle • Pulsar Halo • Design Concepts • Heritage Real Estate • Platinum Team Thank You. 972.807.0073 info@daydramanagement.com www.daydramanagement.com We thank you for your consideration and time tonight! Wylie City Council AGENDA REPORT Meeting Date: 9-24-19 Item Number: 4 Department: WEDC Prepared By: Sam Satterwhite Account Code: (City Secretary's Use Only) Date Prepared: 9/10/2019 Exhibits: 2 Subject Consider, and act upon, Resolution No. 2019-26(R) reviewing and approving a First Amendment to Chapter 380 Agreement by and between the City of Wylie, Texas and Cross Development, LLC; further authorizing the City Manager to execute the First Amendment to the Chapter 380 Agreement; further authorizing the City Manager to take any and all other actions necessary to effectuate the same; and providing for an effective date. Recommendation Motion to approve Resolution No. 2019-26(R) reviewing and approving a First Amendment to Chapter 380 Agreement by and between the City of Wylie, Texas and Cross Development, LLC; further authorizing the City Manager to execute the First Amendment to the Chapter 380 Agreement; further authorizing the City Manager to take any and all other actions necessary to effectuate the same; and providing for an effective date. Discussion On March 13, 2018 the Wylie City Council approved a Chapter 380 Agreement with Cross Development, LLC facilitating the development of a mixed -use project to be located on Westgate Way across from Home Depot. Phase I of the project which is currently under construction consists of 286 MF units, 3,200 square feet of restaurant space, and 2,300 square feet of general retail. Also included is a second 3,200 square foot restaurant pad and the potential development of 18,600 square feet of office space south of the Explorer Pipeline which has been identified as Phase II. Under the existing Chapter 380 Agreement Phase I improvements are required to be completed no later than September 1, 2020 with Cross further required to provide evidence of $32,000,000 in project costs and the expenditure of not less than $500,000 in site work and removal/remediation of Class III polypropylene and shredded plastics associated with a 1972 — 1979.landfill operated by Electro Extraction, Inc. (local Wylie company). Upon meeting the existing requirements, the City of Wylie will waive $475,000 of the total estimated $800,000 in development fees. Due to weather delays Cross Development, LLC is requesting an extension of the September 1, 2020 completion date to December 31, 2020. Staff proposes that the extension is warranted for consideration based upon the monumental rainfall in September — November of 2018. In September and October 2018 alone, twenty-nine workday delays were attributable to rain. Cross first approached City/WEDC staff in January 2019 to discuss the request for extension but it was staff's position at the time that the project needed to progress so as to keep Cross focused upon meeting the existing requirements. Page 1 of 1 RESOLUTION NO. 2019-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, REVIEWING AND APPROVING A FIRST AMENDMENT TO CHAPTER 380 AGREEMENT BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND CROSS DEVELOPMENT, LLC; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CHAPTER 380 AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the City of Wylie, Texas ("Wylie") and its citizens to approve a First Amendment to Chapter 380 Agreement by and between Wylie and Cross Development, LLC (the "380 Agreement"); and WHEREAS, the City Council has further investigated and determined that it is in the best interest of Wylie and its citizens to authorize the City Manager to execute the Amendment to Chapter 380 Agreement and to take any and all other actions necessary to effectuate the 380 Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Authority of City Manager to Execute 380 Agreement. The City Manager is hereby authorized and directed to execute the First Amendment to Chapter 380 Agreement and to take any and all other actions necessary to effectuate the same. The form of the First Amendment to Chapter 380 Agreement is attached hereto as Exhibit A and incorporated herein for all purposes. Should the final executed version of the First Amendment to the Chapter 380 Agreement be revised from the version attached as Exhibit A, such final executed version shall replace Exhibit A of this Resolution for all purposes. SECTION 3: Effective Date. This Resolution is effective immediately upon its passage. [The remainder of this page intentionally left blank.] Resolution No. 2019-26(R) Authorizing Execution of 380 Amended Agreement — Page 1 of 3 2391498 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on the 24th day of September 2019. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Resolution No. 2019-26(R) Authorizing Execution of 380 Amended Agreement — Page 2 of 3 2391498 Exhibit A Chapter 380 First Amendment [INSERT FORM OF AGREEMENT] Resolution No. 2019-26(R) Authorizing Execution of 380 Amended Agreement — Page 3 of 3 2391498 FIRST AMENDMENT TO CHAPTER 380 AGREEMENT THIS FIRST AMENDMENT TO CHAPTER 380 AGREEMENT (this "First Amendment"), is entered into and is effective as of the day of , 2019, by and between the CITY OF WYLIE, TEXAS, a Texas home -rule city ("City"), and CROSS DEVELOPMENT, LLC, a Texas limited liability company (the "Company"). WITNES SETH: WHEREAS, the City Council of the City approved that certain Chapter 380 Agreement between City and Company on March 13, 2018 (the "Agreement"), to facilitate the redevelopment of an approximate 15-acre tract (the "Project"); and WHEREAS, City and Company desire to modify and amend the Agreement in certain respects, as more particularly set forth in this First Amendment. NOW, THEREFORE, in an effort to address unforeseen circumstances surrounding the development of qualified infrastructure, the WEDC and Company covenant and agree as follows: 1. Defined Terms. Capitalized terms used but not defined in this First Amendment will have the meanings given to them in the Agreement. 2. Modification to Performance Obligations. Notwithstanding anything to the contrary in the Agreement, the Completion Date as defined in the Agreement is hereby modified to be 5:00 p.m., Central Time, on December 31, 2020 (the amended "Completion Date"). 3. Ratification. As expressly modified by this First Amendment, the Agreement is hereby ratified and confirmed by WEDC and Company. 4. Counterparts; Transmission. This First Amendment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. Transmission of an executed signature page of this First Amendment by email will be effective to create a binding agreement. [Signatures appear on next page] First Amendment to Chapter 380 Agreement — Page 1 2850326v1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the day and year first above written. CITY OF WYLIE, TEXAS By: Name: Title: Company: CROSS DEVELOPMENT, LLC, a Texas limited liability company By: Name: Title: First Amendment to Chapter 380 Agreement — Page 2 2850326v1 FIRST AMENDMENT TO CHAPTER 380 AGREEMENT THIS FIRST AMENDMENT TO CHAPTER 380 AGREEMENT (this "First Amendment"), is entered into and is effective as of the day of , 2019, by and between the CITY OF WYLIE, TEXAS, a Texas home -rule city ("City"), and CROSS DEVELOPMENT, LLC, a Texas limited liability company (the "Company"). WITNESSETH: WHEREAS, the City Council of the City approved that certain Chapter 380 Agreement between City and Company on March 13, 2018 (the "Agreement"), to facilitate the redevelopment of an approximate 15-acre tract (the "Project"); and WHEREAS, City and Company desire to modify and amend the Agreement in certain respects, as more particularly set forth in this First Amendment. NOW, THEREFORE, in an effort to address unforeseen circumstances surrounding the development of qualified infrastructure, the WEDC and Company covenant and agree as follows: 1. Defined Terms. Capitalized terms used but not defined in this First Amendment will have the meanings given to them in the Agreement. 2. Modification to Performance Obligations. Notwithstanding anything to the contrary in the Agreement, the Completion Date as defined in the Agreement is hereby modified to be 5:00 p.m., Central Time, on October 31, 2020 (the amended "Completion Date"). 3. Ratification. As expressly modified by this First Amendment, the Agreement is hereby ratified and confirmed by WEDC and Company. 4. Counterparts; Transmission. This First Amendment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement. Transmission of an executed signature page of this First Amendment by email will be effective to create a binding agreement. [Signatures appear on next page] First Amendment to Chapter 380 Agreement — Page 1 2850326v1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the day and year first above written. CITY OF WYLIE, TEXAS By: Name: Title: Company: CROSS DEVELOPMENT, LLC, a Texas limited liability company By: Name: Title: First Amendment to Chapter 380 Agreement — Page 2 2850326v1 Meeting Date: Department: Prepared By: Date Prepared: September 24, 2019 Purchasing Glenna Hayes September 17, 2019 Subject Wylie City Council AGENDA REPORT Item Number: 5 Account Code: Exhibits: (City Secretary's Use Only) 461-5461-58910 Resolution No. 2019-27(R) Consider, and act upon, Resolution No. 2019-27(R), to ratify contract #W2019-125-B and first modification for the Bay Expansion of Fire Station #2 with Clayton. Contracting Inc. in the amount of $54,240.06, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve Resolution No. 2019-27(R) to ratify contract #W2019-125-B and first modification for the Bay Expansion of Fire Station #2 with Clayton Contracting Inc. in the amount of $54,240.06, and authorizing the City Manager to execute any necessary documents. Discussion On August 19, 2019, the City Manager awarded a contract #W2019-125-B to Clayton Contracting, Inc. in the amount of $48,806.94 for the expansion of a vehicle bay located at Fire Station #2 to accommodate the new 109' aerial ladder truck. During the course of demolition of a portion of the exterior wall, it was discovered that the structural header beam for this bay was not installed as shown on the architectural drawings. The contractor has submitted the first modification for this project in the amount of $5,433.12 to remove and install the correct structural support. This modification will bring the total of the project to $54,240.06. Staff recommends the ratification of the existing contract and the first modification in the amount of $54,240.06 to allow for the timely completion of the bay expansion project. Page 1 of 1 RESOLUTION NO. 2019-27(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RATIFY CONTRACT #W2019-125-B AND FIRST MODIFICATION FOR THE BAY EXPANSION OF FIRE STATION #2 BETWEEN CLAYTON CONTRACTING INC. AND THE CITY IN THE AMOUNT OF $54,240.06. WHEREAS, the City Manager executed an agreement between Clayton Contracting Inc., and the City on August 19, 2019 in the amount of $48,806.94; and WHEREAS, during construction it was determined that additional work in the amount of $5,433.12 is required to correct a structural defect; and WHEREAS, the total expenditure for the original contract and first modification is in the amount of $54,240.06; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to ratify on behalf of the City Council of the City of Wylie, Texas, the original Wylie Contract #W2019-125- B and the first modification as a change in scope of work to the existing agreement between Clayton Contracting, Inc. and the City; and SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 24th day of September, 2019. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No. 2019-27(R) Ratify contract #W2019-125-b and first modification for the bay expansion of Fire Station #2 Page 1 of 1 NEW DESIGN: ADD 10' to EXISTING TRUCK APPARATUS BAY: F=2:2=1-7471.75—EEIE-z.r.,EiliFE EIPM121,!"!! Ls INSIDE OUT LOOK 4,4 t.rr.t• n tt*E.,Ing CURRENT CONFIGURATION OF FIRE STATION K2 , T , NEW DESIGN: ADD 10to EXISTING TRUCK APPARATUS BAY: T 1 c • •,,. ,• , ---C • „.„„,...'.7,71,713,,,,;47,-='''.',27.:T=7;'i'-;,;;;C::::172:::::::::•ZI'.77..,:::'717,744.7.77„'',. • ' • , 1 , End of Header, Architect & Budder IRE STATION #2 CHANGE ORDER E C E 0. w flj 0 0 C ›•• ea I.- 0 _C CL CI C < 0 Roof Rafter MI E 0'5 5 L) (-4 E 5E New LVL beam needs to be installed f z cC 0 D I- 2 n '0 E CFfI 0 0 EL/ 4- LOOKING AT FRONT OF STATION ft2