07-28-2020 (City Council) Agenda Packet If Wylie City Council
CITY OF
WYLIE NOTICE OF MEETING
Regular Meeting Agenda
July 28, 2020 — 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
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.
July 28,2020 Wylie City Council Regular Meeting Agenda Page 2 of 4
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of July 14, 2020 Regular Meeting and Work
Session of the Wylie City Council. (S. Storm, City Secretary)
B. Consider, and act upon, granting an extension of time for the FY 2020-21 proposed budget
filing with the City Secretary from August 5, 2020 to August 7, 2020 per the Home Rule
Charter; Article VII, Section 2. (M. Beard, Finance Director)
C. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of June 30,2020. (J. Greiner, WEDC Director)
D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
June 30,2020. (M. Beard, Finance Director)
E. Consider, and place on file, the City of Wylie Monthly Investment Report for June 30, 2020.
(M. Beard, Finance Director)
F. Consider, and act upon, the award of bid#W2020-33-B for High Friction Surface Treatment
for McMillen Road to Gibson & Associates Inc. in the amount of$60,935.00, and authorizing
the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager)
G. Consider, and act upon, the approval of Wylie Agreement #W2020-96-I for the purchase of
decontamination equipment from AeroClave,LLC in the amount of$123,383.00 through GSA
Disaster Purchasing Program Contract#47QSWA18D005A,and authorizing the City Manager
to execute any necessary documents. (G. Hayes, Purchasing Manager)
H. Consider, and act upon, Resolution No. 2020-33(R) of the City Council of the City of Wylie,
Texas,approving the purchase of Neptune®Water Meters and Parts as a sole source from Core
&Main LP,and authorizing the City Manager to execute any and all necessary documents. (G.
Hayes, Purchasing Manager)
I. Consider, and act upon,Resolution No. 2020-34(R) authorizing the City Manager to execute a
Real Estate Sales Contract with Mintrex LLC, for 0.2240 acres located on Steel Road. (C.
Holsted, City Manager)
REGULAR AGENDA
1. Consider authorizing the City Manager to sign an Annexation Services Agreement pending
Annexation between the City of Wylie and Wylie PDV LP, to provide for public safety,waste
management, and utility services to be provided for property located at 2715 and 2730 Sachse
Road. (J. Haskins, Planning Manager)
Executive Summary
The owner of the properties located at 2715 and 2730 Sachse Road has voluntarily requested Annexation under
Section 43 Subchapter C-3 of the Texas Local Government Code (LGC). A requirement of LGC 43.0672 for
voluntary annexation is the approval of an Annexation Services Agreement prior to the adoption of the
Annexation Ordinance.
July 28,2020 Wylie City Council Regular Meeting Agenda Page 3 of 4
2. Hold a Public Hearing, consider, and act upon, Ordinance No. 2020-40 authorizing the
annexation of two tracts of land totaling 15.880 acres situated in the Guadalupe De Los Santos
Survey,Being part of Tract 1 and all of Tract 1.1,located at 2715 and 2730 Sachse Road.A2020-
02. (J. Haskins, Planning Manager)
Executive Summary
This annexation is at the voluntary request of the property owner,Wylie DPV,LP.
3. Consider, and act upon, a request for funding from not-for-profit organizations impacted by
COVID-19. (R. 011ie, Asst. City Manager)
Executive Summary
At its June 9,2020 meeting, Council directed staff to move forward and allow not-for-profit organizations to
submit applications for funding and to utilize the$301,000 set aside for the Small Business Assistance program.
The process would be in accordance with Ordinance No. 2014-11. In order to use the CARES Act funds, the
not-for-profit would have to show an increased impact from COVID-19.
4. Consider, and act upon, Ordinance No. 2020-41 amending Ordinance Nos. 2020-24, 2020-25,
2020-26, 2020-29, 2020-31, 2020-35, and 2020-38 continuing or Renewing the Mayor's
Declaration of Local Disaster for a Public Health Emergency and establishing new orders to
help abate the COVID-19 public health crisis. (C. Holsted, City Manager)
Executive Summary
On March 22, March 27, April 2, April 28, May 12, May 26 and June 9, 2020 the City Council adopted
Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, and 2020-38 which continued the
Mayor's Amended Declaration of Local Disaster for Public Health Emergency to help abate the public health
threat resulting from the novel Coronavirus (COVID-19); providing the consent of the City Council to the
continuation of the Declaration until 11:59 p.m.on September 8,2020.
5. Consider, and act upon, Ordinance No. 2020-42 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). (M. Beard, Finance Director)
Executive Summary
On July 14,2020,Council held a work session to discuss the final version of the Water and Sewer Rate Study
prepared by NewGen Strategies & Solutions. The study incorporates the Water and Sewer Capital
Improvements Plan(CIP) for the next five years, outstanding debt service,the estimated wholesale water rate
increases from the North Texas Municipal Water District,the transfer to the General Fund, and future utility
fund staffing needs.This study also incorporated the cash contribution of$4 million for the Advanced Metering
Infrastructure project as well as the$3.3 million that is being financed over a 10-year period at a 2.1%interest
rate.
WORK SESSION
• Charter Amendment Work Session. (C. Holsted, City Manager)
• Budget Work Session. (C. Holsted, City Manager)
July 28,2020 Wylie City Council Regular Meeting Agenda Page 4 of 4
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.
• Properties adjacent to McMillen Rd.between McCreary Rd. and Country Club Rd.,Ann Dr.
at Ballard Ave.,and Ballard Elevated Tank.
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 July 24, 2020 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
A,
vf, Wylie City Council
CITY OF
WYLIE
Minutes
Regular Meeting
July 14, 2020—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 tem Jeff Forrester,
Councilwoman Candy Arrington, and Councilman Timothy T. Wallis. Councilman David Dahl was absent.
Staff present included: City Manager Chris Hoisted; Assistant City Manager Brent Parker; Assistant City
Manager Renae 011ie; Police Chief Anthony Henderson; Fire Chief Brandon Blythe; Public Information
Officer Craig Kelly; Planning Manager Jasen Haskins; Parks and Recreation Director Robert Diaz; Finance
Director Melissa Beard; Human Resources Director Lety Yanez; Public Works Director Porter; Building
Official Bret McCullough; Project Engineer Wes Lawson; Library Director Ofilia Barrera; Public Arts
Coordinator Carole Ehrlich; City Secretary Stephanie Storm, and various support staff.
INVOCATION&PLEDGE OF ALLEGIANCE
Mayor Hogue led the invocation and Councilman Porter led the Pledge of Allegiance.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
There were no citizens present wishing to address Council.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one
motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the
Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of June 23, 2020 Regular Meeting and Work
Session of the Wylie City Council. (S. Storm, City Secretary)
B. Consider, and act upon, Ordinance No. 2020-39 of the City of Wylie, Texas granting a franchise
agreement to Oncor Electric Delivery Company,LLC. (R. 011ie,Asst. City Manager)
Minutes July 14,2020
Wylie City Council
Page 1
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to approve the Consent
Agenda as presented. A vote was taken and motion passed 6-0 with Councilman Dahl absent.
REGULAR AGENDA
Tabled from 06-09-2020
Council Action
A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester, to remove Item 1 from
table. A vote was taken and motion passed 6-0 with Councilman Dahl absent.
1. Hold a Public Hearing,consider,and act upon,a change of zoning from Single-Family 10 District
(SF-10/24) to Planned Development (PD), to allow for a Townhome community and commercial
uses on 6.55 acres generally located on the northeast corner of West Brown Street and Sanden
Boulevard. (ZC2020-06) (J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating the applicant is requesting to rezone 6.55 acres located
on the northeast corner of West Brown Street and Sanden Boulevard. The property is currently zoned Single-
Family SF 10/24 and the applicant is requesting rezoning to a Planned Development to allow for a mixed-use
development with one commercial lot and 39 townhome lots. This item was tabled at the June 9 Council
meeting to allow staff and the applicant to address a Development Agreement regarding building materials
and screening of the proposed detention area. A proposed Development Agreement has been completed and
is on this agenda for consideration and language has been added to the proposed Planned Development
standards that addresses the screening issues.
Public Hearing
Mayor Hogue continued the public hearing on Item 1 at 6:05 p.m. asking anyone present wishing to address
Council to come forward.
No one came forward for the public hearing.
Mayor Hogue closed the public hearing at 6:06 p.m.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Wallis, to approve a change of zoning
from Single-Family 10 District (SF-10/24) to Planned Development (PD), to allow for a Townhome
community and commercial uses on 6.55 acres generally located on the northeast corner of West Brown Street
and Sanden Boulevard (ZC2020-06). A vote was taken and motion passed 5-1 with Mayor Hogue voting
against and Councilman Dahl absent.
2. Consider,and act upon,authorizing the City Manager to sign a Development Agreement,between
the City of Wylie and Browngate Land Investment,LLC regarding the use of building materials
for the development of a mixed-use planned development generally located at the northeast corner
of Brown Street and Sanden Boulevard. (J. Haskins, Planning Manager)
Minutes July 14,2020
Wylie City Council
Page 2
Staff Comments
Planning Manager Haskins addressed Council stating that this is the Development Agreement for the recently
approved zoning, which states the developer of both Tracts 1 and 2 will voluntarily abide by the building
standards of the City of Wylie Zoning Ordinance. Haskins reported the Development Agreement carries with
the land.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Duke, to approve authorizing the City
Manager to sign a Development Agreement,between the City of Wylie and Browngate Land Investment,LLC
regarding the use of building materials for the development of a mixed-use planned development generally
located at the northeast corner of Brown Street and Sanden Boulevard. A vote was taken and motion passed
6-0 with Councilman Dahl absent.
3. Consider, and act upon, the acceptance of the resignation of Kevin Smith and appointment of
as a new Alternate to the City of Wylie Zoning Board of Adjustment to fill the term
of July 1,2020 to June 30,2022. (S. Storm, City Secretary)
Staff Comments
City Secretary Storm addressed Council stating Council approved Kevin Smith as an Alternate for the Wylie
Zoning Board of Adjustment in June 2020. Staff reviewed the qualified applicants who showed interest in
serving on the Zoning Board of Adjustment and was not placed on another board. Mr. Kiser was the only
applicant that met that criteria.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve the acceptance
of the resignation of Kevin Smith and appointment of Lance Kiser as a new Alternate to the City of Wylie
Zoning Board of Adjustment to fill the term of July 2020 to June 30, 2022. A vote was taken and motion
passed 6-0 with Councilman Dahl absent.
Councilman Porter announced he had completed a Conflict of Interest form and was stepping out of the
Council Chambers for the discussion on Item 4 due to he works for Texas Health Resources. Councilman
Porter stepped out of the Council Chambers during the discussion and vote at 6:11 p.m.
4. Consider,and act upon,a proposal from Aetna for FY 2021 medical,dental,and prescription drug
coverage under our current broker, the Wylie Insurance Agency and allow City Manager to
execute necessary documents. (L. Yanez, Human Resources Director)
Staff Comments
City Manager Holsted addressed Council stating Aetna submitted their final that allows no premium increase
for FY 2021 on its current plan and has offered incentives to the City if the City offers the Texas Health Aetna
(THA)plan as an option to City employees. If offered,the City will receive a one-time 5%premium reduction
of the annual rate for FY 2021 and a 25%credit of two months of premiums in the current FY 2020 year. Staff
is recommending approval.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to accept a proposal from
Aetna for FY 2021 medical, dental, and prescription drug coverage under our current broker, the Wylie
Insurance Agency and allow City Manager to execute necessary documents. A vote was taken and motion
passed 5-0 with Councilman Porter abstaining(Conflict of Interest form on file)and Councilman Dahl absent.
Councilman Porter returned to the meeting at 6:14 p.m.
Minutes July 14,2020
Wylie City Council
Page 3
Mayor Hogue convened the Council into Work Session at 6:14 p.m.
WORK SESSION
0o Water/Sewer Rate Study/Presentation from NewGen Strategies & Solutions, LLC. (M. Beard,
Finance Director)
Michael Sommerdorf, representing NewGen Strategies, presented the final updates to the Water and
Wastewater Rate study, which included: current study considerations with key considerations on water and
wastewater wholesale costs, customer growth forecast, and estimated long-term capital needs; projected rate
performance addressing current water and wastewater rates, combined utility performance under projected
rates, community rate comparisons,and residential and commercial comparisons.
Sommerdorf answered questions from Council.Holsted reported the rates proposed tonight will be brought to
Council for approval at a future meeting.
00 Budget Work Session. (C. Holsted, City Manager)
City Manager Holsted addressed Council regarding the FY 2020/21 proposed budget stating the budget
presented this is evening is an estimate based on no new revenue tax rate.Holsted requested Council feedback
on the specific items so that decisions can be made at the July 28 meeting to meet budget deadlines. Holsted
reviewed the revised budget calendar and presented the following information: General Fund summary,
General Fund personnel, non-personnel, and vehicle budget recommendations; General Fund projected
revenues over expenditures; General Fund estimated fund balance with original sales tax projections and with
adjusted sales tax projections; Utility Fund summary; Utility Fund recommended additions to budget and fund
balance items; 4B Sales Tax Fund summary; Fire Development Fund summary; and Hotel Occupancy Tax
Fund summary. Holsted and staff answered questions from Council regarding the proposed FY 2020/21
budget.
Holsted asked if Council was comfortable with the new proposed sales tax numbers or if they prefer using the
original numbers. Consensus of Council was that they were comfortable with utilizing the new sales tax
numbers presented.
During the presentation, Holsted reviewed the following General Fund personnel budget recommendations
individually: reclass Benefits Specialist to HR Analyst; add five jailers; add a jailer at mid-year; add five fire-
fighters for Station#4 at mid-year;reclass a Fire Captain to Battalion Chief for healthy, safety, and EMS; add
a dispatcher; and add a Maintenance Worker I for signs and signals. Council gave direction to move forward
with all the listed General Fund personnel budget recommendations.
During the budget work session, Mayor Hogue recessed the Council into a break at 7:34 p.m. and convened
the Council back into Work Session at 7:47 p.m.
Holsted reviewed the following General Fund non-personnel budget recommendations individually: agenda
management software; e-bidding and contract management software;jail book-in and management software;
outdoor warning siren communication system;outdoor warning sirens; security camera system with live video
monitoring; Country Club signal synchronization; signal battery backup units; intersection improvements at
Highway 78 and E. Brown Street and FM 544 and McCreary Road; tables and chairs for tween area; and
replace shelving in adult and children area. Council gave direction to bring back additional information at the
July 28 meeting on the agenda management and e-bidding and contract management software's and to move
forward with the remainder of the listed General Fund non-personnel budget recommendations.
Minutes July 14,2020
Wylie City Council
Page 4
Hoisted reviewed the following General Fund vehicle budget recommendations individually: seven patrol
replacement Tahoe's; a jail transport van; replace a 2004 fire suburban(Unit 102);replace a 2004 fire pickup
(Unit 119); replace a 2012 fire prevention pickup (Unit 277); replace a code enforcement half-ton four-door
pickup(Unit 130);and replace a parks three-quarter ton truck(Unit 318).Council gave direction to not replace
the code enforcement half-ton four-door pickup (Unit 130) and to move forward with the remainder of the
listed General Fund vehicle budget recommendations.
Hoisted stated staff was proposing potential additional recommendations of a 2.5%public safety step increase
and a 2% merit increase for general employees. Councilmen Porter and Duke and Mayor pro tern Forrester
recommended budgeting for up to a 3%merit increase for general employees, a 2.5% step increase for public
safety employees, and a one-cent tax cut to citizens. Councilwoman Arrington agreed with the merit and step
increases for employees; however, with setting aside funds for Station 4 and with the uncertainties is not
comfortable with the one-cent tax cut. Councilman Wallis agreed with the merit and step increases for
employees; however,with the uncertainties would like to see a half-cent tax cut to be cautious. Hoisted stated
staff will bring back information at the July 28 meeting including an up to 3%merit(2%average)for general
employees, a 2.5% step increase for public safety, and will include a one-cent, half-cent, and no tax rate
reduction.
Hoisted reviewed the following Utility Fund budget recommendations individually: add a Maintenance
Worker II, add an AMI Analyst, add an AMI Field Specialist (reclassify Meter Tech), purchase a security
system upgrade, conduct an AWIA Resilience Plan, purchase Water Pump Station backup generators, FM
2514 Waterline Relocation,construction of an 8-inch Waterline on 2nd Street,purchase a portable light tower,
and replace a Wastewater vehicle (Unit 270). Councilman Porter stated he does have reservations with how
the AMI Analyst and AMI Field Specialist positions are set up. Council gave direction to move forward with
the remainder of the listed Utility Fund budget recommendations.
Hoisted reviewed the following 4B Sales Tax Fund budget recommendation of reclassifying a Building
Attendant at the Wylie Recreation Center. Council gave direction to move forward with the listed 4B Sales
Tax Fund budget recommendation.
Holsted reviewed the following Hotel Occupancy Tax Fund budget recommendation of $130,000 for
Stonehaven House Phase 1 remodel. Council gave direction to not move forward with the listed Hotel
Occupancy Tax Fund budget recommendation at this time, and revisit it at mid-year.
WEDC Executive Director Greiner presented the WEDC Fund summary for FY 2020/21 proposed budget.
RECONVENE INTO REGULAR SESSION
Mayor Hogue convened the Council into Regular Session at 10:04 p.m.
READING OF ORDINANCE
City Secretary Storm read the caption to Ordinance No. 2020-39 into the official record.
ADJOURNMENT
A motion was made by Councilman Duke, seconded by Councilman Porter, to adjourn the meeting at 10:06
p.m. A vote was taken and motion passed 6-0 with Councilman Dahl absent.
Minutes July 14,2020
Wylie City Council
Page 5
Eric Hogue,Mayor
ATTEST:
Stephanie Storm, City Secretary
Minutes July 14,2020
Wylie City Council
Page 6
IA/
irvit Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: B
Department: City Manager (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code: N/A
Date Prepared: July 20,2020 Exhibits: Budget Calendar
Subject
Consider, and act upon, granting an extension of time for the FY 2020-21 proposed budget filing with the City Secretary
from August 5,2020 to August 7,2020 per the Home Rule Charter; Article VII, Section 2.
Recommendation
Motion to approve granting an extension of time for the FY 2020-21 proposed budget filing with the City Secretary from
August 5,2020 to August 7,2020 per the Home Rule Charter;Article VII, Section 2.
Discussion
The City Charter specified that as part of the normal budget process,a proposed budget is to be filed with the City Secretary
each year by August 5th unless the City Council has granted an extension. This is to ensure that the general public has
access to the proposed budget for the upcoming year,with ample time and opportunity for review prior to the actual adoption
of the budget at a later date.
Due to the timing of council work sessions this year, staff is requesting extra time to prepare the proposed budget to be filed
with the City Secretary. Staff requests an extension until August 7, 2020 to allow for adequate preparation time. This will
still allow more than two weeks for viewing prior to the public hearing and adoption of the budget on August 25th.
Page 1 of 1
City of Wylie
Revised Budget Calendar
FY 2021
Date Description
July 10, 2020 F Carry-forward Requests Due to Finance
July 14, 2020 T Budget Work Session (GF, UF, 4B, Fire Dev, Hotel, WEDC)
July 20, 2020 M Deadline for ARB to approve Appraisal Records
July 25, 2020 S Certified Values Due from Appraisal Districts (Collin County will be an estimate this year)
July 25-Aug ?, 2020 Calculation of No New Revenue Tax Rate &Voter Approval Tax Rate from Tax Office
July 28, 2020 T Budget Work Session with City Council
July 28, 2020 T Approve water/sewer rates (Amend Ord.#2005-07)
August 07, 2020 F Proposed budget to Council, available to the public and filed with City Secretary
August 11, 2020 T Meeting of governing body to discuss final tax rate; if proposed tax
rate will exceed the No New Revenue Rate or Voter Approval Rate
(whichever is lower),take record vote; schedule public hearings for tax rate and budget
August 12, 2020 W Forward information to Wylie News for required publications
August 19, 2020 W PUBLICATION OF REQUIRED NOTICES IN WYLIE NEWS
August 25, 2020 T Public Hearing on Tax Rate/Adopt Tax Rate
Must be at least 15 days after budget is filed with City Secretary
If tax rate is not adopted at this meeting, a special called meeting will have to be held
within seven days.
August 25, 2020 T Public Hearing on FY 2021 Budget/Adopt Budget
September 16, 2020 W Must submit ordinance for adoption of tax rate to County Tax Assessor/Collector by noon
iAi
fvft Wylie City Council
CITY OF 1� L1 E AGENDA REPORT
Meeting Date: July 28,2020 Item Number: C
Department: WEDC (City Secretary's Use Only)
Prepared By: Jason Greiner Account Code:
Exhibits:
Subject
Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development
Corporation as of June 30,2020.
Recommendation
Motion to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as
of June 30,2020.
Discussion
The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on July
22,2020.
Page 1 of 1
Wylie Economic Development Corporation
MONTHLY FINANCIAL REPORT
June 30,2020
ANNUAL CURRENT PRIOR YEAR PO YTD BUDGET
YTD ACTUAL %OF BUDGET
BUDGET MONTH ADJUST. ENCUMBRANCE BALANCE
ACCOUNT DESCRIPTION FY 2019-2020 FY 2019-2020 FY 2019-2020 FY 2019-2020
REVENUE SUMMARY
CLAIM ON CASH/Bal Sheet $ 286,072.00 $ 2,566,604.73
SALES TAX $ 2,948,400.00 $ 239,340.35 $ - $ 1,767,864.95 $ - $ 1,180,535.05 59.96% A
ALLOCATED INTEREST EARNINGS $ 6,000.00 $ 149.69 $ - $ 3,577.24 $ - $ 2,422.76 59.62%
RENTAL INCOME $ 155,040.00 $ 9,970.00 $ - $ 114,242.00 $ - $ 40,798.00 73.69%
GAIN/LOSS-SALE OF PROPERTY $ 1,782,226.00 $ - $ - $ 511,725.00 $ - $ 1,270,501.00 28.71%
BANK NOTE PROCEEDS $ 996,500.00 $ - $ - $ 996,500.47 $ - $ (0.47) 100.00% B
REVENUES $5,888,166.00 $ 249,460.04 $ - $3,393,909.66 $ - $ 2,494,256.34 57.64%
EXPENDITURE SUMMARY
PERSONNEL $ 440,285.00 $ 24,792.62 $ - $ 403,448.39 $ - $ 36,836.61 91.63%
OPERATING EXPENSES $ 63,509.00 $ 3,456.16 $ - $ 44,686.06 $ 545.32 $ 18,277.62 71.22% C
INCENTIVES $ 551,291.00 $ - $ - $ 405,212.10 $ - $ 146,078.90 73.50%
SPECIAL SERVICES $ 162,871.00 $ 5,101.43 $ - $ 129,766.73 $ 821.94 $ 32,282.33 80.18%
ADVERTISING $ 137,600.00 $ 4,580.00 $ - $ 41,799.27 $ 466.50 $ 95,334.23 30.72%
COMMUNITY DEVELOPMENT $ 43,350.00 $ - $ - $ 32,787.78 $ 4,401.83 $ 6,160.39 85.79%
TRAVEL&TRAINING $ 31,317.00 $ 103.31 $ - $ 12,220.00 $ 4,397.11 $ 14,699.89 53.06%
DUES&SUBSCRIPTIONS $ 19,567.00 $ 44.43 $ - $ 13,562.30 $ 85.00 $ 5,919.70 69.75%
AUDIT&LEGAL $ 23,000.00 $ 3,859.00 $ - $ 19,102.52 $ 1,254.00 $ 2,643.48 88.51%
ENGINEERING&ARCHITECTURAL $ 35,000.00 $ - $ - $ 31,326.60 $ - $ 3,673.40 89.50%
DEBT SERVICE $ 2,267,432.00 $ 56,711.54 $ - $ 528,127.36 $ - $ 1,739,304.64 23.29%
LAND $ 1,456,906.00 $ - $ - $ 1,315,858.03 $ - $ 141,047.97 90.32% B
INFRASTRUCTURE PROJECTS $ 573,000.00 $ (9,375.00) $ - $ 124.00 $ - $ 572,876.00 0.02%
COMPUTER $ - $ - $ - $ 887.96 $ - $ (887.96) 0.00%
FURNITURE&FIXTURES $ 500.00 $ - $ - $ - $ - $ 500.00 0.00%
CONTRA CAPITAL $ - $ - $ - $ (1,315,881.36) $ - $ 1,315,881.36 0.00%
TOTAL EXPENDITURES $5,805,628.00 $ 89,273.49 $ - $1,663,027.74 $ 11,971.70 $ 4,130,628.56 28.85%
REV OVER/(UNDER) EXPEN $ 82,538.00 $ 160,186.55 $ - $1,730,881.92 $ (11,971.70) $ (1,636,372.22)
A. SLSTX Rev earned in Apr,allocated in June,was$239,340.35,an increase of 2.21%over the same period in 2019.
Sales Tax received for 7 months of FY due to 2 month accrual to prior FY.
B. Property Acquistions near Hwy 78 and Brown:City ROW and Collin County Properties
Remaining funds drawn on ANB loan 88193982 approved in FY 18-19 to fund Hwy 78&Brown properties.
C. Operating Expenses include Supplies,Maint Materials,Rental,Communication,Insurance and Utilities.
Wylie Economic Development Corporation
Statement of Net Position
As of June 30, 2020
Assets
Cash and cash equivalents $ 2,568,604.73
Receivables $ 70,000.00 Note 1
Inventories $ 12,088,145.50
Prepaid Items $ -
Total Assets $ 14,726,750.23
Deferred Outflows of Resources
Pensions $ 134,955.55
Total deferred outflows of resources $ 134,955.55 $ 14,861,705.78
Liabilities
Accounts Payable and other current liabilities $ 9,105.36
Unearned Revenue $ 40,200.00 Note 2
Non current liabilities:
Due within one year $ 337,970.79 Note 3
Due in more than one year $ 6,741,318.97
Total Liabilities $ 7,128,595.12
Deferred Inflows of Resources
Pensions $ (1,490.41)
Total deferred inflows of resources $ (1,490.41)
Net Position
Net investment in capital assets $ -
Unrestricted $ 7,734,601.07
Total Net Position $ 7,734,601.07 $ 14,861,705.78
Note 1: Includes incentives in the form of forgivable loans for$70,000
Note 2: Exco amortization;deposits from rental property
Note 3: Liabilities due within one year includes compensated absences of$93,673
7-15-2020 08:25 AM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS OF: JUNE 30TH, 2020
111-WYLIE ECONOMIC DEVEL CORP
ACCOUNT# TITLE
ASSETS
1000-10110 CLAIM ON CASH AND CASH EQUIV. 2,566,604.73
1000-10115 CASH - WEDC - INWOOD 0.00
1000-10135 ESCROW 0.00
1000-10180 DEPOSITS 2,000.00
1000-10198 OTHER - MISC CLEARING 0.00
1000-10341 TEXPOOL 0.00
1000-10343 LOGIC 0.00
1000-10481 INTEREST RECEIVABLE 0.00
1000-11511 ACCTS REC - MISC 0.00
1000-11517 ACCTS REC - SALES TAX 0.00
1000-12810 LEASE PAYMENTS RECEIVABLE 0.00
1000-12950 LOAN PROCEEDS RECEIVABLE 0.00
1000-12996 LOAN RECEIVABLE 0.00
1000-12997 ACCTS REC - JTM TECH 0.00
1000-12998 ACCTS REC - FORGIVEABLE LOANS 70,000.00
1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00
1000-14116 INVENTORY - LAND & BUILDINGS 12,088,145.50
1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00
1000-14310 PREPAID EXPENSES - MISC 0.00
1000-14410 DEFERRED OUTFLOWS 851,800.00
15,578,550.23
TOTAL ASSETS 15,578,550.23
LIABILITIES
2000-20110 FEDERAL INCOME TAX PAYABLE 0.00
2000-20111 MEDICARE PAYABLE 0.00
2000-20112 CHILD SUPPORT PAYABLE 0.00
2000-20113 CREDIT UNION PAYABLE 0.00
2000-20114 IRS LEVY PAYABLE 0.00
2000-20115 NATIONWIDE DEFERRED COMP 0.00
2000-20116 HEALTH INSUR PAY-EMPLOYEE 1.52
2000-20117 TMRS PAYABLE 0.00
2000-20118 ROTH IRA PAYABLE 0.00
2000-20119 WORKERS COMP PAYABLE 0.00
2000-20120 FICA PAYABLE 0.00
2000-20121 TEC PAYABLE 0.00
2000-20122 STUDENT LOAN LEVY PAYABLE 0.00
2000-20123 ALIMONY PAYABLE 0.00
2000-20124 BANKRUPTCY PAYABLE 0.00
2000-20125 VALIC DEFERRED COMP 0.00
2000-20126 ICMA PAYABLE 0.00
2000-20127 EMP. LEGAL SERVICES PAYABLE 0.00
2000-20130 FLEXIBLE SPENDING ACCOUNT 5,049.90
2000-20131 EDWARD JONES DEFERRED COMP 0.00
2000-20132 EMP CARE FLITE 12.00
2000-20151 ACCRUED WAGES PAYABLE 0.00
2000-20180 ADDIT EMPLOYEE INSUR PAY 48.00
2000-20199 MISC PAYROLL PAYABLE 0.00
7-15-2020 08:25 AM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OF: JUNE 30TH, 2020
111-WYLIE ECONOMIC DEVEL CORP
ACCOUNT# TITLE
2000-20201 AP PENDING 3,993.94
2000-20210 ACCOUNTS PAYABLE 0.00
2000-20530 PROPERTY TAXES PAYABLE 0.00
2000-20540 NOTES PAYABLE 851,800.00
2000-20810 DUE TO GENERAL FUND 0.00
2000-22270 DEFERRED INFLOW 39,000.00
2000-22275 DEF INFLOW - LEASE PRINCIPAL 0.00
2000-22280 DEFERRED INFLOW - LEASE INT 0.00
2000-22915 RENTAL DEPOSITS 1,200.00
TOTAL LIABILITIES 901,105.36
EQUITY
3000-34110 FUND BALANCE - RESERVED 0.00
3000-34590 FUND BALANCE-UNRESERV/UNDESIG 12,946,562.95
TOTAL BEGINNING EQUITY 12,946,562.95
TOTAL REVENUE 3,393,909.66
TOTAL EXPENSES 1,663,027.74
REVENUE OVER/(UNDER) EXPENSES 1,730,881.92
TOTAL EQUITY & OVER/(UNDER) 14,677,444.87
TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 15,578,550.23
7-15-2020 08:25 AM CITY OF WYLIE PAGE: 1
BALANCE SHEET
AS OF: JUNE 30TH, 2020
922-GEN LONG TERM DEBT (WEDC)
ACCOUNT# TITLE
ASSETS
1000-10312 GOVERNMENT NOTES 0.00
1000-18110 LOAN - WEDC 0.00
1000-18120 LOAN - BIRMINGHAM 0.00
1000-18210 AMOUNT TO BE PROVIDED 0.00
1000-18220 BIRMINGHAM LOAN 0.00
1000-19050 DEF OUTFLOW TMRS CONTRIBUTIONS 37,244.29
1000-19051 DEF OUTFLOW SDBF CONTRIBUTIONS 472.00
1000-19075 DEF OUTFLOW - INVESTMENT EXP 37,954.48
1000-19100 DEF OUTFLOW - ACT EXP/ASSUMP 59,284.78
1000-19125 (GAIN)/LOSS ON ASSUMPTION CHG( 725.41)
1000-19126 DEF INFLOW SDBF CONTRIBUTIONS( 765.00)
133,465.14
TOTAL ASSETS 133,465.14
LIABILITIES
2000-20310 COMPENSATED ABSENCES PAYABLE 11,530.82
2000-20311 COMP ABSENCES PAYABLE-CURRENT 93,673.00
2000-21410 ACCRUED INTEREST PAYABLE 11,478.21
2000-28205 WEDC LOANS/CURRENT 232,819.58
2000-28220 BIRMINGHAM LOAN 0.00
2000-28230 INWOOD LOAN 0.00
2000-28232 ANB LOAN/EDGE 0.00
2000-28233 ANB LOAN/PEDDICORD WHITE 0.00
2000-28234 ANB LOAN/RANDACK HUGHES 0.00
2000-28235 ANB LOAN 0.00
2000-28236 ANB CONSTRUCTION LOAN 0.00
2000-28237 ANB LOAN/ WOODBRIDGE PARKWAY 96,900.47
2000-28238 ANB LOAN/BUCHANAN 0.00
2000-28239 ANB LOAN/JONES:HOBART PAYOFF 0.00
2000-28240 HUGHES LOAN 0.00
2000-28242 ANB LOAN/HWY 78:5TH ST REDEV 4,297,437.25
2000-28245 ANB LOAN/DALLAS WHIRLPOOL 1,863,204.17
2000-28247 JARRARD LOAN 202,935.09
2000-28250 CITY OF WYLIE LOAN 0.00
2000-28260 PRIME KUTS LOAN 0.00
2000-28270 BOWLAND/ANDERSON LOAN 0.00
2000-28280 CAPITAL ONE CAZAD LOAN 0.00
2000-28290 HOBART/COMMERCE LOAN 0.00
2000-29150 NET PENSION LIABILITY 262,947.17
2000-29151 SDBF LIABILITY 6,364.00
TOTAL LIABILITIES 7,079,289.76
7-15-2020 08:25 AM CITY OF WYLIE PAGE: 2
BALANCE SHEET
AS OF: JUNE 30TH, 2020
922-GEN LONG TERM DEBT (WEDC)
ACCOUNT# TITLE
EQUITY
3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 6,117,522.11)
3000-35900 UNRESTRICTED NET POSITION ( 120,264.00)
TOTAL BEGINNING EQUITY ( 6,237,786.11)
TOTAL REVENUE ( 996,500.47)
TOTAL EXPENSES ( 288,461.96)
REVENUE OVER/(UNDER) EXPENSES ( 708,038.51)
TOTAL EQUITY & OVER/(UNDER) ( 6,945,824.62)
TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 133,465.14
Wylie Economic Development Corporation
SALES TAX REPORT
June 30, 2020
BUDGETED YEAR
DIFF %DIFF
MONTH FY 2017 FY 2018 FY 2019 FY 2020 19 vs. 20 19 vs. 20
DECEMBER $ 197,807.79 $ 184,848.59 $ 214,867.15 $ 226,663.94 $ 11,796.79 5.49%
JANUARY $ 196,347.26 $ 191,895.71 $ 223,749.61 $ 218,520.22 $ (5,229.39) -2.34%
FEBRUARY $ 276,697.76 $ 275,667.83 $ 307,366.66 $ 362,129.18 $ 54,762.52 17.82%
MARCH $ 191,647.73 $ 182,852.50 $ 208,222.32 $ 228,091.34 $ 19,869.03 9.54%
APRIL $ 168,844.20 $ 163,484.89 $ 182,499.53 $ 203,895.57 $ 21,396.05 11.72%
MAY $ 244,816.19 $ 203,707.17 $ 274,299.18 $ 289,224.35 $ 14,925.18 5.44%
JUNE $ 191,732.46 $ 199,412.29 $ 234,173.88 $ 239,340.35 $ 5,166.47 2.21%
JULY $ 223,570.59 $ 213,976.64 $ 215,107.94 $ - $ - $ -
AUGUST $ 261,573.00 $ 249,589.63 $ 283,602.93 $ - $ - $ -
SEPTEMBER $ 210,974.00 $ 213,425.79 $ 243,048.40 $ - $ - $ -
OCTOBER $ 195,549.11 $ 210,701.71 $ 224,875.38 $ - $ - $ -
NOVEMBER $ 267,816.13 $ 273,196.62 $ 308,324.41 $ - $ - $ -
Sub-Total $ 2,627,376.22 $ 2,562,759.35 $ 2,920,137.37 $ 1,767,864.96 $ 122,686.65 7.13%
Audit Adj
Total $ 2,627,376.22 $ 2,562,759.35 $ 2,920,137.37 $ 1,767,864.96 $ 122,686.65 7.13%
WEDC SALES TAX ANALYSIS
$400,000 -
$350,000
$300,000 -
$250,000 _
$20700 - 02019
$1500 I-
N2020
$100,000 -
$50,000
$0 , 1 1 1 1 1 1 I I 1 ,
Q (n 2
Wylie Economic Development Corporation
PERFORMANCE AGREEMENT REPORT
June 30,2020
TOTAL BUDGETED YEAR REMAINING PREVIOUS TOTAL
INCENTIVE AFTER PAYMENTS INCENTIVE
CURRENT FY
PERFORMANCE AGREEMENTS FY 2019-2020 FY 2021 FY 2022 FY 2023 FY 2024
CSD WOODBRIDGE $ 1,100,000.00 $ 137,641.90 $ 150,000.00 $ 150,000.00 $ 63,446.45 $ - $ 363,446.45 $ 598,911.65 $ 1,100,000.00 A
EXCO $ 80,000.00 $ 20,000.00 $ - $ - $ - $ - $ - $ 60,000.00 $ 80,000.00 B
SAF-HOLLAND $ 208,883.01 $ 54,901.11 $ 85,810.58 $ - $ - $ - $ 85,810.58 $ 68,171.32 $ 208,883.01 C
CARRIE ELLE $ 5,000.00 $ 2,500.00 $ - $ - $ - $ - $ - $ 2,500.00 $ 5,000.00
ROCKING M $ 89,500.00 $ 89,500.00 $ - $ - $ - $ - $ - $ - $ 89,500.00
DANK $ 83,000.00 $ 83,000.00 "' $ - $ - $ - $ - $ - $ 83,000.00 D
DCU $ 106,003.13 $ 19,489.00 $ - $ - $ - $ - $ - $ 86,514.13 $ 106,003.13
SCSD-FINNELL,LTD $ 175,000.00 $ 87,500.00 $ 87,500.00 $ - $ - $ - $ 87,500.00 $ - $ 175,000.00
CARDINAL STRATEGIES $ 106,800.00 $ 32,000.00 $ 24,933.00 $ 24,933.00 $ 24,934.00 $ - $ 74,800.00 $ - $ 106,800.00
AVANT!,LLC $ 120,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ - $ 90,000.00 $ - $ 120,000.00
CROSS DEVELOPMENT $ 250,000.00 $ - $ 250,000.00 $ - $ - $ - $ 250,000.00 $ - $ 250,000.00
NORTH DALLAS,LLC $ 120,000.00 $ - $ 60,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 120,000.00 $ - $ 120,000.00
SAVANNAH WOODBRIDGE $ 90,000.00 $ - $ 45,000.00 $ 45,000.00 $ - $ - $ 90,000.00 $ - $ 90,000.00
WYLIE INSURANCE $ 27,500.00 $ - $ 15,000.00 $ 12,500.00 $ - $ - $ 27,500.00 $ - $ 27,500.00
CBC PROPERTY HOLDINGS $ 50,000.00 $ - $ 25,000.00 $ 25,000.00 $ - $ - $ 50,000.00 $ - $ 50,000.00
$ 2,611,686.14 $ 556,532.01 $773,243.58 $307,433.00 $ 138,380.45 $ 20,000.00 $ 1,239,057.03 $816,097.10 $ 2,611,686.14
Deferred Out Flow $ 851,800.00
A. SLSTX Reimbursement Qrtly Pmnts-Budgeted$150,000.(Q1 $30,392.64,Q2$34,538.16,Q3$32,711.10)-Est.$40,000 for Q4
B. Performance Agreeement and Forgiveable Land Grant.Remaining$70,000 scheduled in 2021
C. Performance Agreeement and Partial Tax Reimbursement.$45,000 for Job Creation&50%Reimb.of App Val.above the Baseline of$14,375,324
D. FY 2021 Reimbursement was pulled forward to FY 2020 to assist with COVID
IA/
irvit Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: D
Department: Finance (City Secretary's Use Only)
Prepared By: Finance Account Code:
Revenue and Expenditure
Date Prepared: July 21,2020 Exhibits: Monthly Report
Subject
Consider,and place on file,the City of Wylie Monthly Revenue and Expenditure Report for June 30, 2020.
Recommendation
Motion to accept and place on file,the City of Wylie Monthly Revenue and Expenditure Report for June 30,2020.
Discussion
The Finance Department has prepared the attached reports for the City Council as required by the City Charter.
Page 1 of 1
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
June 30,2020
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 75.00%
ACCOUNT DESCRIPTION 2019-2020 2019-2020 2019-2020 OF BUDGET
GENERAL FUND REVENUE SUMMARY
TAXES 31,772,141 568,535 29,195,656 91.89% A
FRANCHISE FEES 2,768,000 1,135,449 2,368,303 85.56% B
LICENSES AND PERMITS 1,020,990 90,632 733,565 71.85%
INTERGOVERNMENTAL REV. 1,824,729 17,407 1,032,676 56.59% C
SERVICE FEES 3,613,704 285,099 2,627,430 72.71% D
FINES AND FORFEITURES 397,500 17,029 168,796 42.46% E
INTEREST INCOME 209,000 1,605 71,866 34.39% F
MISCELLANEOUS INCOME 191,229 12,018 108,678 56.83%
OTHER FINANCING SOURCES 2,730,030 81,713 2,811,743 102.99% G
REVENUES 44,527,323 2,209,487 39,118,713 87.85%
USE OF FUND BALANCE 2,900,000 2,900,000 2,900,000 100.00% H
USE OF CARRY-FORWARD FUNDS 115,271 NA NA NA I
TOTAL REVENUES 47,542,594 5,109,487 42,018,713 88.38%
GENERAL FUND EXPENDITURE SUMMARY
CITY COUNCIL 92,331 2,780 45,989 49.81%
CITY MANAGER 1,193,778 91,910 822,687 68.91%
CITY SECRETARY 382,921 21,114 232,860 60.81%
CITY ATTORNEY 170,000 3,813 83,900 49.35%
FINANCE 1,208,300 125,524 867,264 71.78%
FACILITIES 916,637 38,728 493,788 53.87%
MUNICIPAL COURT 562,090 27,074 297,087 52.85%
HUMAN RESOURCES 669,684 40,546 410,472 61.29%
PURCHASING 192,611 14,330 129,971 67.48%
INFORMATION TECHNOLOGY 2,023,633 71,870 1,254,615 62.00%
POLICE 10,817,411 715,198 7,517,577 69.50%
FIRE 8,797,391 559,007 5,911,881 67.20%
EMERGENCY COMMUNICATIONS 1,897,821 105,466 1,251,094 65.92%
ANIMAL CONTROL 631,694 37,278 375,741 59.48%
PLANNING 314,136 22,087 208,126 66.25%
BUILDING INSPECTION 557,834 42,974 374,480 67.13%
CODE ENFORCEMENT 258,856 16,425 156,697 60.53%
STREETS 3,868,066 310,314 1,710,523 44.22%
PARKS 2,596,775 206,799 1,538,375 59.24%
LIBRARY 2,157,053 190,189 1,481,709 68.69%
COMBINED SERVICES 7,750,603 320,992 6,059,777 78.18% J
TOTAL EXPENDITURES 47,059,625 2,964,419 31,224,613 66.35%
REVENUES OVER/(UNDER)EXPENDITURES 482,969 2,145,068 10,794,100 22.03%
A.Property Tax Collections for FY19-20 as of June 30,2020 are 99.22%,in comparison to FY18-19 for the same time period of 100%. Sales tax is on a 2 month
lag. Sales Tax increased 2.21%which was for April 2020 sales tax collections.
B.Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. The electric franchise fees
were collected in June.
C.Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly. Lucas and
Fairview paid in full FY 2020 dispatcher reimbursement of$159k.
D.Service Fees:Trash fees billed in October are applicable towards FY 2018-19 revenue with the remaining fees coming from other seasonal fees.
E. Fines and Forfeitures are down 28%from June 2019 which is a continuation of the decreasing trend in fines.
F. The Interest rate has gone from 2.39%in July 2019 when budget was prepared to.21%for June 2020.
G.Proceeds from sale of Brown/78 right of way to WEDC for$82k.
H.Use of Fund Balance:$1.2 million transfer to PSB Renovation/Expansion Fund and$1.7 million transfer to Fire Station Construction Fund.
I.Carry Forward items: MCCi Consulting Services$42,271,Library Projects$43,000,3/4 Ton Pickup$30,000.
J.Due to one-time expenditures including annual lease payments,insurance,transfers to Capital Project Funds and payment of back taxes to WISD on 802 Kirby
Road.
-
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
June 30,2020
ANNUAL CURRENT YTD ACTUAL Benchmark
BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 75.00%
ACCOUNT DESCRIPTION 2019-2020 2019-2020 2019-2020 OF BUDGET
UTILITY FUND REVENUES SUMMARY
SERVICE FEES 20,707,808 1,938,881 13,541,467 65.39% K
INTEREST INCOME 72,000 801 32,034 44.49%
MISCELLANEOUS INCOME 33,000 1,570 14,956 45.32%
OTHER FINANCING SOURCES 0 0 0 0.00%
REVENUES 20,812,808 1,941,252 13,588,457 65.29%
USE OF FUND BALANCE 1,251,150 NA 1,251,150 100.00% L
USE OF CARRY-FORWARD FUNDS 540,580 NA NA NA M
TOTAL REVENUES 22,604,538 NA 14,839,607 65.65%
UTILITY FUND EXPENDITURE SUMMARY
UTILITY ADMINISTRATION 1,246,849 59,771 678,660 54.43%
UTILITIES-WATER 2,945,773 150,434 1,022,605 34.71%
UTILITIES-SEWER 1,432,669 72,808 603,762 42.14%
UTILITY BILLING 1,107,033 53,073 674,154 60.90%
COMBINED SERVICES 15,543,488 925,910 11,619,134 74.75% N
TOTAL EXPENDITURES 22,275,812 1,261,996 14,598,315 65.53%
REVENUES OVER/(UNDER)EXPENDITURES 328,726 679,256 241,292 0.11%
K.Most Utility Fund Revenue billed in October was applicable to FY 2018-19.
L.Use of Fund Balance:For Replacement/New Fleet&Equipment.
M.Carry Forward Items: Water Line Replacements$386,900,Rush Creek Odor Control$76,224,Utility Billing Bullet Proof Glass$60,000,Misc Engineering Design
$17,456.
N.Annual transfer to the General Fund of$2.3 million. Other expenses are payments to NTMWD for water minimum and sewer treatment.
IA/
irvit Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: E
Department: Finance (City Secretary's Use Only)
Prepared By: Melissa Beard Account Code:
Date Prepared: July 15,2020 Exhibits: Investment Report
Subject
Consider,and place on file,the City of Wylie Monthly Investment Report for June 30, 2020.
Recommendation
Motion to accept and place on file,the City of Wylie Monthly Investment Report for June 30,2020.
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
2019-2020 Investment Report
June 30,2020
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 $15,386,523.57 MMA 0.2165% Texpool 12/31/2006 NA
2 $15,935,540.81 MMA 0.1974% TexStar 3/15/2011 NA
$31,322,064.38
Total
Weighted Average Coupon: 0.2068% Money Markets: $31,322,064.38
Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00
$31,322,064.38
Weighted Average Coupon
3.00%
2.00%
•
1.00% N...................................
0.00%
Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Nov 2019 Dec 2019 Jan 2020 Feb 2020 March 2020 April 2020 May 2020 Jun 2020
Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: F
Department: Purchasing Account Code: 100-5411-54210
Prepared By: Glenna Hayes Budgeted Amount: $62,000.00
Date Prepared: July 17,2020 Exhibits: Bid Tabulation
Subject
Consider, and act upon, the award of bid #W2020-33-B for High Friction Surface Treatment for McMillen Road to
Gibson&Associates Inc.in the amount of$60,935.00,and authorizing the City Manager to execute any and all necessary
documents.
Recommendation
A motion to the award of bid #W2020-33-B for High Friction Surface Treatment for McMillen Road to Gibson &
Associates Inc. in the amount of $60,935.00, and authorizing the City Manager to execute any and all necessary
documents.
Discussion
This process will give the McMillen Road pavement, through the "S-Curve" area, a thin layer of High Friction Surface
Treatment(HFST)material. HFST materials have been documented to improve vehicle traction and help to decrease the
number of traffic issues due to damp or wet pavement. Staff anticipates a 1-2 day temporary closure of McMillen Road
to allow for surface cleaning, and application of the HFST materials.
In the process of evaluating the submitted bids,the apparent low bidder did not submit"Attachment F Field Supervisor
and Emergency Contact Information." Due to the nature of the road closures and coordination with the public,this form
was deemed necessary resulting in an incomplete bid submission. Therefore, staff recommends the award of this bid to
the next lowest bid, Gibson&Associates Inc. in the amount of$60,935.00 as the lowest responsive,responsible bidder
meeting the City's specifications.
Page 1 of 1
IA/ Bid Tabulation
V W2020-33-B
High Friction Surface Treatment for McMillen Road
CITY QF April 16, 2020 at 3:00 pm CT
WYLIE
Respondents Grand Total
DeAngelo Brothers, LLC $ 59, 873.66
Gibson &Associates $ 60, 935.00
Total Highway Maintenance, LLC $ 66, 576.00
I certify that the above includes all firms who submitted a bid and that pricing is as submitted.
Nancy Leyva, Buyer Date
"BID TABULATION STATEMENT"
ALL BIDS SUBMITTED FOR THE DESIGNATED PROJECT ARE REFLECTED ON THIS BID TAB SHEET.HOWEVER,THE LISTING OF A BID ON THIS SHEET SHOULD NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF
SUCH BID OR AS ANY INDICATION THAT THE CITY ACCEPTS SUCH BID AS RESPONSIVE.THE CITY WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL
APPLICABLE LAWS AND CITY OF WYLIE BID SPECIFICATIONS AND PROJECT DOCUMENTS.THE CITY WILL NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT AND,ACCORDING TO LAW,ALL BIDS RECEIVED
WILL BE AVAILABLE FOR INSPECTION AT THAT TIME.
PURCHASING DEPARTMENT
CITY OF WYLIE,TEXAS
li A i
"'It Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: G
Department: Purchasing Account Code: 140-5140-52210
Prepared By: Glenna Hayes Budgeted Amount: $124,000.00
Date Prepared: July 15,2020 Exhibits:
Subject
Consider,and act upon,the approval of Wylie Agreement#W2020-96-I for the purchase of decontamination equipment
from AeroClave, LLC in the amount of $123,383.00 through GSA Disaster Purchasing Program Contract
#47QSWA18D005A, and authorizing the City Manager to execute any necessary documents.
Recommendation
A motion to approve Wylie Agreement#W2020-96-I for the purchase of decontamination equipment from AeroClave,
LLC in the amount of $123,383.00 through GSA Disaster Purchasing Program Contract #47QSWA18D005A, and
authorizing the City Manager to execute any necessary documents.
Discussion
Staff recommends the purchase of six (6) AeroClave units to provide decontamination capabilities for vehicles, rooms
and equipment. The units are portable, disperse extremely fine particles (eliminating the need for additional surface
wipe-down), and can be utilized where needed. The units will be housed at the Fire Stations(3), Public Safety Building
(1), Municipal Center Complex (1), and the Public Works/Parks Administration/Animal Shelter Complex (1). Staff
reviewed several systems and recommends the purchase of AeroClave products as providing the best flexibility of use
and overall value for the City.
The GSA Disaster Purchasing Program allows state and local governments to buy supplies and services directly from all
GSA Schedules to facilitate disaster preparation,response or major disaster recovery. The City is authorized to purchase
these items under GSA/AeroClave LLC Contract#47QSWA18D005A under Presidential Disaster Declaration Release
Number DR-4485-TX,dated 3/25/2020 and continuing. Funding is provided through the CARES Act. Wylie Agreement
#W2020-96-I.
Page 1 of 1
Ili A i
"'It Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: H
Department: Purchasing Account Code: 100-5715-52350
Prepared By: Glenna Hayes Budgeted Amount: $80,000
Date Prepared: July 17,2020 Exhibits: Resolution
Subject
Consider, and act upon, Resolution No. 2020-33(R) of the City Council of the City of Wylie, Texas, approving the
purchase of Neptune®Water Meters and Parts as a sole source from Core&Main LP,and authorizing the City Manager
to execute any and all necessary documents.
Recommendation
A motion to approve Resolution No.2020-33(R)of the City Council of the City of Wylie,Texas,approving the purchase
of Neptune®Water Meters and Parts as a sole source from Core&Main LP,and authorizing the City Manager to execute
any and all necessary documents.
Discussion
On June 23, 2020, the Wylie City Council approved the construction phase agreement with Johnson Controls LLC
(W2019-92-E). Under this agreement,the City has standardized on, and Johnson Controls will install,Neptune®brand
water meters based on an inventory as of May 16,2020. Staff has a need to purchase additional water meters independent
of that agreement, which must be the same make and model to comply with the City's Automated Meter Infrastructure
project for new construction projects. These meters are sold and serviced,through an authorized sole source distributor,
Core &Main LP.
Staff recommends the approval of Resolution No. 2020-33(R) for the purchase of Neptune®Water Meters and Parts as
a sole source from Core&Main LP, for a five(5)year term. Wylie Agreement#W2020-97-E.
Page 1 of 1
RESOLUTION NO. 2020-33(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, FOR
THE PURCHASE OF NEPTUNE®WATER METERS AND PARTS AS A SOLE SOURCE
FROM CORE & MAIN LP,AND AUTHORIZING THE CITY MANAGER TO EXECUTE
ANY AND ALL NECESSARY DOCUMENTS.
WHEREAS, Chapter 252 of the Texas Local Government Code allows for the exempt
purchase of goods and services which are available from only one source due to a natural
monopoly, and
WHEREAS,Neptune Technology Group Inc. sells their goods and services only through
authorized dealers; and
WHEREAS, the authorized dealers are assigned restricted territories and may not sell
outside of their assigned territory which constitutes a natural monopoly under Chapter 252 of the
Texas Local Government Code; and
WHEREAS, Core & Main LP is the only authorized dealer for Neptune Technology
Group Inc. goods and services that the City may purchase from;
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, any and all documents that may be
necessary to facilitate the purchase of Neptune Technologies Group Inc. goods and services; and
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on
this the 28th day of July, 2020.
Eric Hogue, Mayor
ATTEST TO:
Stephanie Storm, City Secretary
Resolution No.2020-33(R)Purchase Of Neptune®Water Meters And Parts
li A,/
V'if Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: I
Department: City Manager (City Secretary's Use Only)
Prepared By: Chris Holsted Account Code: N/A
Date Prepared: July 23,2020 Exhibits: Resolution,contract
Subject
Consider, and act upon, Resolution No. 2020-34(R) authorizing the City Manager to execute a Real Estate Sales Contract
with Mintrex LLC, for 0.2240 acres located on Steel Road.
Recommendation
Motion to approve Resolution No. 2020-34(R) authorizing the City Manager to execute a Real Estate Sales Contract with
Mintrex LLC, for 0.2240 acres located on Steel Road.
Discussion
Staff previously discussed with Council the sale of 0.2240 acres of city owned property on Steel Road to Mintrex LLC. The
developer is acquiring the adjacent property for a commercial development. Acquisition of the adjacent tract must be
completed prior to the sale of the city property. The sales price of the property is $3.12/sf.
The property, due to the size and configuration, may be conveyed pursuant to Section 272.001(b)(1) of the Texas Local
Government Code. That statute provides for an exception to the typically required notice-and-bidding procedures applicable
to the conveyance of City-owned property.
Page 1 of 1
RESOLUTION NO. 2020-34(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY
OF WYLIE, TEXAS, TO EXECUTE A PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY OF WYLIE AND MINTREX LLC.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, a Purchase and Sale
Agreement between the City of Wylie and Mintrex LLC,
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28nd day of July, 2020.
ERIC HOGUE, Mayor
ATTEST TO:
STEPHANIE STORM, City Secretary
Resolution No.2020-34(R)Purchase And Sale Agreement Between The City Of Wylie And Mintrex LLC
Page 1 of 2
EXHIBIT "A"
Purchase and Sale Agreement
Resolution No.2020-34(R)Purchase And Sale Agreement Between The City Of Wylie And Mintrex LLC
Page 2 of 2
PURCHASE AND SALE AGREEMENT
0.2240 acres±, Wylie, Collin County, Texas
THIS PURCHASE AND SALE AGREEMENT(this"Agreement")is made and entered
into between the CITY OF WYLIE, TEXAS, a Texas home-rule municipality (the "Seller") and
GDA INVESTMENTS, LLC—Series 53, a Texas series limited liability company("Purchaser").
RECITALS
WHEREAS,defined terms are indicated by initial capital letters. Defined terms shall have
the meaning set forth herein, whether or not such terms are used before or after the definitions are
set forth.
WHEREAS, Purchaser desires to purchase the Property and Seller desires to sell the
Property, all upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual terms, provisions, covenants and
agreements set forth herein, as well as the sums to be paid by Purchaser to Seller, and for other
good and valuable consideration, the receipt and sufficiency of which are acknowledged,
Purchaser and Seller agree as follows:
ARTICLE 1
BASIC INFORMATION
Section 1.1 Certain Defined Terms
The following defined terms shall have the meanings set forth below:
A. Closing. The completion of the transaction described in this Agreement.
B. Closing Date. The date that is thirty(30)days after the expiration of the Inspection
Period.
C. Cure Period. The period beginning on the date Seller receives Purchaser's
Objections and ending on the date that is fourteen(14) days thereafter.
D. Due Diligence Delivery Date. The date that is ten (10) days after the Effective
Date.
E. Earnest Money. One Thousand and No/100 Dollars ($1,000.00).
F. Earnest Money Delivery Date. The date that is three (3) days after the Effective
Date.
G. Effective Date. The later of the dates on which Seller and Purchaser fully execute
this Agreement, as set forth next to each party's signature block.
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IL Inspection Period. The period beginning on the Effective Date and ending on the
date which is forty-five (45) days after the Effective Date.
I. Purchase Price. The product of Three and 12/100 Dollars ($3.12) multiplied by
the number of gross square feet contained in the Property as determined by the Survey.
Review Period. The period ending ten (10) days after Purchaser's receipt of the
later of the (i) initial Title Commitment, (ii) Title Documents, and(iii)the Survey.
K. Survey Delivery Date. The date that is twenty(20) days after the Effective Date.
L. Title Commitment Delivery Date. The date that is twenty (20) days after the
Effective Date.
M. Title Company. Lawyers Title Company, Attn: D. Baron Cook, 250 Highway 78
South, Wylie, Texas 75098.
N. Title Termination Period. The period beginning on the expiration of the Cure
Period and ending on the date that is five (5) days after the Cure Period.
Section 1.2 Closing Costs
Closing costs shall be allocated and paid as follows:
COST RESPONSIBLE PARTY
Title Commitment Purchaser
Premium for standard form Title Policy Purchaser
Premium for endorsements or additional coverage for the Title Purchaser
Policy, and additional cost for any loan policies
Cost of new,updated or revised Survey Purchaser
Recording Fees Purchaser
Escrow Fee charged by Title Company Split Evenly
Rollback Taxes Purchaser
All other Closing costs, expenses, charges and fees customarily Purchaser
paid by purchasers in Collin County
All other Closing costs, expenses, charges and fees customarily Seller
paid by sellers in Collin County
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Section 1-3 Notice Addresses
Seller: City of Wylie, Texas
Attn: City Manager
300 Country Club Road
Wylie, Texas 75098
with copy to: Abernathy, Roeder, Boyd&Hullett, P.C.
Attn: Randy Hullett
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Purchaser: GDA Investments, LLC - Series 53
Attn: Alejandro Luna
2800 Exchange Street
Wylie, Texas 75098
with copy to:
Attn:
Title Company: Lawyers Title Company
Attn: D. Baron Cook
250 Highway 78 South
Wylie, Texas 75098
ARTICLE 2
PROPERTY
Section 2.1 Property Description
Upon the terms and conditions hereinafter stated, Seller hereby agrees to sell and convey
to Purchaser good and indefeasible title to approximately 0.2240 ± acres of land located on Steel
Road in the City of Wylie, Collin County, Texas,together with all benefits,privileges, easements,
tenements, hereditaments, rights and appurtenances thereon or pertaining thereto, as more
specifically set forth herein on Exhibit "A" and as depicted on Exhibit "A-1", attached hereto
and incorporated herein by this reference (the "Property").
Section 2.2 Legal Description
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The legal description of the Land set forth in the final Survey shall be substituted for
Exhibit "A" (if applicable) at a later date as the description of the Property to be conveyed
hereunder and shall become part of this Agreement.
ARTICLE 3
PURCHASE PRICE
Purchaser agrees to purchase the Property at the Purchase Price and upon the terms set
forth herein. At Closing, Purchaser shall deliver to Seller the Purchase Price in cash or other
immediate funds.
ARTICLE 4
EARNEST MONEY
On or before the Earnest Money Delivery Date,Purchaser shall deposit the Earnest Money
in the form of a check or wire transfer with the Title Company in its capacity as escrow agent, to
be held in escrow pursuant to the terms of this Agreement. If Purchaser fails to timely deposit the
Earnest Money, Seller may terminate this Agreement at any time before Purchaser deposits the
Earnest Money with the Title Company, and upon such election, this Agreement shall terminate.
Purchaser agrees that One Hundred and No/100 Dollars ($100.00) of the Earnest Money is given
as consideration for this Agreement (the "Independent Consideration"), which Independent
Consideration shall be applied to the Purchase Price at Closing, but shall not be returned to
Purchaser in the event the Earnest Money is otherwise returned to the Purchaser pursuant to the
terms of this Agreement. The Earnest Money shall be credited to the Purchase Price at Closing.
ARTICLE 5
DUE DILIGENCE AND CONTINGENCIES
Section 5.1 Survey and Title Review
A. Survey. If there is an existing survey of the Property, Seller shall deliver to
Purchaser a copy of such survey(the "Survey") on or before the Survey Delivery Date. If there is
no existing Survey, or if it is necessary for the Survey to be updated, the Survey will be obtained
or updated at Purchaser's expense, if necessary, to a date no sooner than the Effective Date and
shall be prepared by a registered land surveyor in conformity with the "Minimum Standard Detail
Requirements for ALTA/NSPS Land Title Surveys"jointly established and adopted by ALTA and
NSPS in 2011 (or such local equivalent as may exist with respect to the Property), in conformity
with such standards as are required by the Title Company as a condition to the removal of the
survey exception from the Title Commitment, and certified to Purchaser, the Title Company and
such other parties as Purchaser shall designate by written notice to Seller.
B. Title Commitment. On or before the Title Commitment Delivery Date, Seller
shall, at Purchaser's expense, deliver or cause to be delivered to Purchaser (i) a title commitment
(the "Title Commitment") covering the Property binding the Title Company to issue a Texas
Owner Policy of Title Insurance (the"Title Policy") on the standard form prescribed by the Texas
State Board of Insurance at the Closing, in the full amount of the Purchase Price, insuring
Purchaser's fee simple title to the Property to be good and indefeasible, subject only to the
Permitted Exceptions as defined below, and (ii) the following documents (collectively, the "Title
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Documents"): (1) true and legible copies of all recorded instruments affecting the Property and
recited as exceptions in the Title Commitment, and(2) a current tax certificate.
C. Special Assessment Districts. If the Property is situated within a utility district or
flood control district subject to the provisions of Section 50.301, Texas Water Code, then Seller
shall give to Purchaser as part of the Title Documents the required written notice and Purchaser
agrees to acknowledge receipt of the notice in writing. The notice must set forth the current tax
rate, the current bonded indebtedness and the authorized indebtedness of the district, and must
comply with all other applicable requirements of the Texas Water Code. If the Property is subject
to mandatory membership in a property owner's association, Seller shall notify Purchaser of the
current annual budget of the property owners' association, and the current authorized fees, dues
and/or assessments relating to the Property.
D. Review and Cure Period. During the Review Period, Purchaser shall have the
opportunity to review the Survey, the Title Commitment, and the Title Documents. If Purchaser
has any objections to the Survey, Title Commitment or Title Documents, Purchaser may deliver
such objections to Seller in writing within the Review Period (collectively, "Objections").
Purchaser's failure to provide Objections to Seller prior to the expiration of the Review Period
shall be a waiver of Purchaser's right to object, and any item to which Purchaser does not include
in its Objections on or before to the expiration of the Review Period shall deemed a "Permitted
Exception." Items that the Title Company identifies as to be released at Closing will be deemed
Objections by Purchaser and shall not be Permitted Exceptions. If Purchaser provides Seller with
any Objections, Seller may,but is not obligated to attempt to satisfy the Objections within the Cure
Period. Zoning ordinances and the lien for current taxes are deemed to be Permitted Exceptions.
E. Failure or Refusal to Cure. If Seller cannot satisfy or chooses not to satisfy
Purchaser's Objections within the Cure Period, then Purchaser may terminate this Agreement by
delivering a written notice to Seller within the Title Termination Period. If Purchaser terminates
this Agreement, the Earnest Money shall be immediately returned to Purchaser and thereafter
neither party shall have any rights or obligations under this Agreement (except for those which
may expressly survive the termination of this Agreement). If Purchaser does not terminate this
Agreement, then Purchaser shall be deemed to have waived any uncured Objections, except for
those Objections Seller has agreed to cure, and must accept such title as Seller is able to convey as
of Closing, subject to the other terms and provisions of this Agreement. Notwithstanding the
foregoing, at or prior to Closing, Seller shall discharge or cause to be discharged all: (i)matters set
forth on Schedule C of the Title Commitment; (ii) exceptions to title created after the Effective
Date without the written consent of Purchaser; and (iii)judgments, liens and mortgages affecting
the Property, and same shall not constitute Permitted Exceptions.
Section 5.2 Due Diligence
On or prior to the Due Diligence Delivery Date, Seller shall deliver to Purchaser copies of
all engineering investigations, soils reports,feasibility reports,tests,environmental studies,license
agreements, management agreements, and other information related to the Property in Seller's
possession or control. Notwithstanding Seller's delivery of the above described studies, tests and
other due diligence material, if any, Purchaser acknowledges that any information of any type
which Purchaser has received or may receive from Seller, or its agents, is furnished to Purchaser
Purchase and Sale Agreement Page 5
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as a courtesy only and on the express condition that Purchaser shall make an independent
verification of the accuracy of such information, and that all such information is being furnished
without any representation or warranty by Seller as to the truth, accuracy, or completeness of such
information; provided, however, that Seller confirms that Seller has no current actual knowledge
of any material inaccuracies or errors in any such due diligence materials. Further, as a condition
to Seller's delivery of any due diligence materials to Purchaser,Purchaser expressly acknowledges
the foregoing in its acceptance of such due diligence items from Seller, and agrees to waive any
and all claims against Seller for any cause of action arising from Purchaser's reliance on such
Seller furnished due diligence materials.
Section 5.3 Inspection Period
A. Purchaser's Right to Inspect the Property. Prior to the expiration of the
Inspection Period, Purchaser shall have the right to inspect the Property and determine if the same
is suitable for Purchaser's intended use. If Purchaser notifies Seller in writing on or before 11:59
p.m. on the last day of the Inspection Period that Purchaser disapproves or is dissatisfied in any
way with the Property, such determination to be made in Purchaser's sole and absolute discretion,
then this Agreement shall terminate and the Earnest Money heretofore delivered by Purchaser to
Title Company shall be returned to Purchaser; provided, however, the Independent Consideration
shall not be returned to Purchaser. If Purchaser fails to so notify Seller in writing prior to the
expiration of the Inspection Period of Purchaser's election to terminate this Agreement, this
Agreement shall continue in full force and effect. Seller hereby grants to Purchaser during the
Inspection Period the right to enter upon the Property and conduct such tests as Purchaser deems
necessary.
S. Indemnification for Inspection. Purchaser shall indemnify, defend, and hold
harmless Seller from all claims, actions or causes of action which might occur by virtue of the
entry upon or testing of the Property and provided further that in the event Purchaser does not
return the Property to its condition prior to Purchaser's activities, Purchaser shall be responsible
for all damages occasioned to the Property arising out of the entry upon or testing of the Property,
and this indemnity and covenant will survive the Closing or termination of this Agreement for a
period of twelve (12) months. Notwithstanding the foregoing or anything contained herein to the
contrary, Purchaser shall have no obligation to indemnify Seller for any claim, action or cause of
action which is caused, in whole or in part, by Seller's grossly negligent act or omission or to the
extent caused by the willful misconduct of Seller, nor shall Purchaser be required to indemnify
Seller with respect to Purchaser's discovery or disturbance of any preexisting matter on or with
respect to the Property existing prior to entry on the Property by Purchaser or Purchaser's agents,
independent contractors, servants, or employees, including, but not limited to, any hazardous
material or dangerous condition.
ARTICLE 6
REPRESENTATIONS AND WARRANTIES
Section 6.1 Seller's Representation and Warranties
Seller represents and warrants to Purchaser as of the Effective Date and as of the Closing
as follows:
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A. Title. Seller has the right to convey and will convey to Purchaser good and
indefeasible fee simple title to the Property free and clear of any and all liens, assessments,
unrecorded easements, security interests and other encumbrances except only to the Permitted
Exceptions.
B. Licenses. There are no parties in possession of any portion of the Property as
licensees,tenants at sufferance or trespassers except for those disclosed, and delivered to Seller as
part of the due diligence materials.
C. Negative Covenants. Seller shall not further encumber any of the Property or
allow an encumbrance upon the title to any of the Property without the written consent of
Purchaser.
D. Liens and Debts. There are no mechanic's liens,Uniform Commercial Code liens
or unrecorded liens against the Property, and Seller shall not allow any such liens to attach to the
Property prior to Closing, which will not be satisfied out of the Closing proceeds. All obligations
of Seller arising from the ownership and operation of the Property and any business operated on
the Property, if any, including,but not limited to,taxes, leasing commissions, salaries, and similar
agreements, have been paid or will be paid prior to Closing. Except for obligations for which
provisions are made in this Agreement for prorating at Closing, there will be no obligations of
Seller with respect to the Property outstanding as of Closing.
E. Litigation. To Seller's knowledge, there is no pending or threatened litigation,
condemnation,or assessment affecting any of the Property. Seller shall promptly advise Purchaser
of any litigation, condemnation or assessment affecting any of Property which is threatened or
instituted after the Effective Date.
F. Operation of the Property. After the Effective Date through the Closing Date,
Seller shall maintain the Property in the same condition and in the same manner as existed on the
Effective Date, except for ordinary wear and tear and any casualty loss.
O. Patriot Act. To the extent applicable to Seller, Seller has complied in all material
respects with the International Money Laundering Abatement and Anti-Terrorist Financing Act of
2001, which comprises Title III of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "Patriot Act")
and the regulations promulgated thereunder,and the rules and regulations administered by the U.S.
Treasury Department's Office of Foreign Assets Control ("OFAC"), to the extent such laws are
applicable to Seller. To the best of Seller's knowledge, Seller is not included on the List of
Specially Designated Nationals and Blocked Persons maintained by the OFAC, or is a resident in,
or organized or chartered under the laws of, (i) a jurisdiction that has been designated by the U.S.
Secretary of the Treasury under Section 311 or 312 of the Patriot Act as warranting special
measures due to money laundering concerns or (ii) any foreign country that has been designated
as non-cooperative with international anti-money laundering principles or procedures by an
intergovernmental group or organization, such as the Financial Action Task Force on Money
Laundering, of which the United States is a member and with which designation the United States
representative to the group or organization continues to concur.
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IL Organization and Authority. Seller is a home-rule municipality duly organized
and validly existing under the laws of the State of Texas. The execution and delivery of this
Agreement by the officer(s) executing this Agreement on behalf of Seller and the performance of
this Agreement by Seller have been duly authorized by Seller, and this Agreement is binding on
Seller and enforceable against Seller in accordance with its terms. No consent or waiver of any
restriction against any such execution, delivery and performance is required from any creditor,
judicial or administrative body, governmental authority,or other party other than any such consent
or waiver,which already has been given. The execution of this Agreement and the consummation
of the transaction contemplated herein will not violate any restriction, court order or agreement to
which Seller or the Property is subject.
I. No Prohibitions. Neither Seller, nor any employee executing this Agreement on
behalf of Seller is prohibited from (i) executing or delivering this Agreement; (ii) complying with
the terms of this Agreement or (iii) consummating the transactions contemplated by this
Agreement by any applicable governmental requirement, agreement, instrument,restriction, or by
a judgment, order or decree of any governmental authority having jurisdiction over Seller or the
Property.
J. Compliance with Laws. To the best of Seller's current actual knowledge, neither
the Property,nor Seller are currently subject to(i)any existing,pending or threatened investigation
or inquiry by any governmental authority or (ii) any remedial obligations, under any applicable
law, statute, ordinance, rule, regulation, order or determination of any governmental authority or
any board of fire underwriters (or other body exercising similar functions), or any restrictive
covenant or deed restriction or zoning ordinance or classification affecting the Property,including,
without limitation, all applicable building codes, fire codes, health codes, water codes, flood
disaster laws and health and Environmental Laws and regulations (hereinafter sometimes
collectively called the "Applicable Laws"). Seller has received no notice from any municipal,
state, federal or other governmental authority of any violation of any Applicable Laws issued in
respect of the Property which has not been heretofore corrected, and no such violation exists.
K. "AS IS". EXCEPT AS EXPRESSLY PROVIDED HEREIN, IT IS
UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING ANY WARRANTIES
OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED,
WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE(OTHER THAN
SELLER'S WARRANTY OF TITLE SET FORTH IN THE DEED TO BE DELIVERED
AT CLOSING),ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL
CONDITION, ABSENCE OF LATENT DEFECTS, OPERATING HISTORY OR
PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL
REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR
AFFECTING THE PROPERTY. EXCEPT AS EXPRESSLY PROVIDED HEREIN,
PURCHASER AGREES THAT WITH RESPECT TO THE PROPERTY, PURCHASER
HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR
INDIRECTLY,ANY REPRESENTATION OR WARRANTY OF SELLER OR SELLER'S
REPRESENTATIVES. PURCHASER WILL CONDUCT SUCH INSPECTIONS AND
INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE
PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND RELY UPON
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SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK THAT ADVERSE
MATTERS,INCLUDING,BUT NOT LIMITED TO,LATENT DEFECTS AND ADVERSE
PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN
REVEALED BY PURCHASER'S INSPECTIONS AND INVESTIGATIONS. EXCEPT AS
EXPRESSLY PROVIDED HEREIN, PURCHASER AGREES TO TAKE WHATEVER
ACTION AND PERFORM WHATEVER INVESTIGATIONS AND STUDIES
PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION
OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OF,OR CURATIVE
ACTION TO BE TAKEN WITH RESPECT TO, ANY HAZARDOUS AND/OR TOXIC
SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY. PURCHASER
ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL
AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE
PROPERTY "AS IS, WHERE IS", WITH ALL FAULTS AND THERE ARE NO ORAL
OR WRITTEN AGREEMENTS, WARRANTIES OR REPRESENTATIONS,
COLLATERAL TO OR AFFECTING THE PROPERTY BY SELLER OR ANY THIRD
PARTY. FURTHER, PURCHASER HEREBY ACKNOWLEDGES TO SELLER THAT
PURCHASER AND SELLER ARE NOT IN A SIGNIFICANTLY DISPARATE
BARGAINING POSITION. THE TERMS AND CONDITIONS OF THIS PARAGRAPH
SHALL EXPRESSLY SURVIVE THE CLOSING AND SHALL NOT BE MERGED
THEREIN.
Section 6.2 Purchaser's Representations and Warranties
Purchaser represents and warrants to Seller as of the Effective Date and as of the Closing
as follows:
A. Organization and Authority. Purchaser is a series limited liability company duly
organized and validly existing under the laws of the State of Texas. The execution and delivery
of this Agreement by the officer(s) executing this Agreement on behalf of Purchaser and the
performance of this Agreement by Purchaser have been duly authorized by Purchaser, and this
Agreement is binding on Purchaser and enforceable against Purchaser in accordance with its terms.
No consent or waiver of any restriction against any such execution, delivery and performance is
required from any creditor,judicial or administrative body, governmental authority, or other party
other than any such consent or waiver, which already has been given. The execution of this
Agreement and the consummation of the transaction contemplated herein will not violate any
restriction, court order or agreement to which Purchaser is subject. If Purchaser assigns this
Contract to an allowed third party, such entity shall be duly organized,validly existing and in good
standing under the laws of the State of Texas and have all the requisite power and authority to
enter into, deliver and perform this Contract.
B. Litigation. To Purchaser's knowledge,there is no pending or threatened litigation
affecting Purchaser. Purchaser shall promptly advise Seller of any litigation affecting Purchaser
and its ability to consummate the transaction contemplated herein which is threatened or instituted
after the Effective Date.
C. Patriot Act. To the extent applicable to Purchaser, Purchaser has complied in all
material respects with the International Money Laundering Abatement and Anti-Terrorist
Purchase and Sale Agreement Page 9
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Financing Act of 2001, which comprises Title III of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the
"Patriot Act") and the regulations promulgated thereunder, and the rules and regulations
administered by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), to
the extent such laws are applicable to Purchaser. To the best of Purchaser's knowledge,Purchaser
is not included on the List of Specially Designated Nationals and Blocked Persons maintained by
the OFAC, or is a resident in, or organized or chartered under the laws of, (i) a jurisdiction that has
been designated by the U.S. Secretary of the Treasury under Section 311 or 312 of the Patriot Act
as warranting special measures due to money laundering concerns or(ii) any foreign country that
has been designated as non-cooperative with international anti-money laundering principles or
procedures by an intergovernmental group or organization, such as the Financial Action Task
Force on Money Laundering, of which the United States is a member and with which designation
the United States representative to the group or organization continues to concur.
D. No Prohibitions. Neither Purchaser, nor any employee executing this Agreement
on behalf of Purchaser is prohibited from (i) executing or delivering this Agreement; (ii)
complying with the terms of this Agreement or(iii) consummating the transactions contemplated
by this Agreement by any applicable governmental requirement, agreement, instrument,
restriction, or by a judgment, order or decree of any governmental authority having jurisdiction
over Purchaser.
Section 63 Knowledge
A. Seller's Knowledge. For purposes of this Agreement and any closing document,
whenever the phrase "to Seller's actual knowledge," "to Seller's knowledge," "the knowledge of
Seller," or "to the best of Seller's knowledge" or similar words of similar import are used, they
shall be deemed to refer to facts within the actual knowledge of Chris Holsted at the times indicated
only, without independent inquiry, without any actual or implied duty of inquiry whatsoever and
without imputation to such person of the knowledge of any other person. The named individuals
are acting for and on behalf of Seller and in a capacity as an officer or representative of Seller and
is in no manner expressly or impliedly making any representations or warranties in an individual
capacity. Purchaser waives any right to sue or seek any personal judgment or claim against such
individuals.
B. Purchaser's Knowledge. For purposes of this Agreement and any closing
document, whenever the phrase "to Purchaser's actual knowledge," "to Purchaser's knowledge,"
"the knowledge of Purchaser," or "to the best of Purchaser's knowledge" or similar words of
similar import are used, they shall be deemed to refer to facts within the actual knowledge of
Alejandro Luna at the times indicated only, without independent inquiry, without any actual or
implied duty of inquiry whatsoever and without imputation to such person of the knowledge of
any other person. The named individuals are acting for and on behalf of Purchaser and in a capacity
as an officer or representative of Purchaser and is in no manner expressly or impliedly making any
representations or warranties in an individual capacity. Seller waives any right to sue or seek any
personal judgment or claim against such individuals.
Section 6.4 Remedies
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If either party discovers prior to Closing that any of the other party's representations or
warranties have been misrepresented or are inaccurate,such discovering party may notify the party
with deficient representations and/or warranties in writing, and the deficient party may attempt to
correct or remedy the misrepresentation or inaccuracy. If the misrepresentation or inaccuracy is
not remedied prior to Closing, upon written notice to the deficient party, the discovering party
may: (i) proceed to Closing without waiving any claim for breach of warranty or
misrepresentation; or (ii) exercise any remedies available for default by the deficient party under
this Agreement.
Section 6.5 Non-Conformance
Purchaser has or will independently investigate and verify to Purchaser's satisfaction the
extent of any limitations or permitted uses of the Property. Purchaser acknowledges that the
current use of the Property or any improvements located on the Property(or both)may not conform
to applicable Federal, State or municipal laws, ordinances,codes or regulations. Zoning,permitted
uses, height limitations, setback requirements, minimum parking requirements, limitations on
coverage of improvements to total area of land, requirements of the Americans with Disabilities
Act, wetlands restrictions and other matters may have a significant economic impact upon
Purchaser's intended use of the Property. Purchaser is not relying upon any warranties or
representations of Seller concerning the permitted uses of the Property or with respect to any
nonconformance of the Property.
ARTICLE 7
CLOSING
Section 7.1 Closing Date
The Closing shall occur on or before the Closing Date. Seller shall deliver possession of
the Property at Closing.
Section 7.3 Seller's Closing Documents
At the Closing, Seller shall deliver the following to Purchaser:
A. A duly executed Special Warranty Deed (the "Deed"), in the form attached hereto
as Exhibit "B", conveying the Property to Purchaser in fee simple according to the legal
description prepared by the surveyor as shown on the Survey, subject only to the Permitted
Exceptions;
B. The Title Policy issued by the underwriter for the Title Company pursuant to the
Title Commitment, subject only to the Permitted Exceptions, in the full amount of the Purchase
Price,dated as of the date of Closing,and with the survey exception deleted except as to"shortages
in area;"
C. A FIRPTA certificate, duly executed and acknowledged by Seller, unless not
required under the Code by virtue of Seller being a governmental entity;
Evidence of Seller's authority and capacity to close this transaction; and
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E. All other documents reasonably required by the Title Company from Seller to close
this transaction.
Section 7.3 Purchaser's Closin2 Documents
At the Closing, Purchaser shall deliver to Seller at Purchaser's expense:
A. The Purchase Price;
B. Evidence of Purchaser's authority and capacity to close this transaction;
C. All other documents reasonably required by the Title Company from Purchaser to
close this transaction.
Section 7.4 Closin2 Costs
Each party shall pay its respective costs associated with the Closing in accordance with
Section 1.2 above.
Section 7.5 Ad Valorem Taxes
Prior to Closing, Seller shall pay all taxes and expenses, if any, applicable to the Property
(if any)prior to delinquency. Ad valorem taxes applicable to the Property accruing subsequent to
Closing shall be assumed by the Purchaser. This provision shall survive the Closing.
Section 7.6 Rollback Taxes
If a change in use of the Property after Closing or denial of a special use valuation on the
Property claimed by Seller with respect to the period prior to Closing results or may result in the
assessment after the Closing of additional taxes for periods prior to Closing, the additional taxes
plus any penalties and interest shall be paid by Purchaser when due. This obligation shall survive
the Closing.
NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES. If
for the current ad valorem tax year the taxable value of the land that is the subject of this Agreement
is determined by a special appraisal method that allows for appraisal of the land at less than its
market value, the person to whom the land is transferred may not be allowed to qualify the land
for that special appraisal in a subsequent tax year and the land may then be appraised at its full
market value. In addition, the transfer of the land or a subsequent change in the use of the land
may result in the imposition of an additional tax plus interest as a penalty for the transfer or the
change in the use of the land. The taxable value of the land and the applicable method of appraisal
is public information and may be obtained from the tax appraisal district established for the county
in which the land is located.
Purchase and Sale Agreement Page 12
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ARTICLE 8
CASUALTY LOSS; CONDEMNATION.
All risk of loss to the Property shall remain upon Seller prior to the Closing. If, prior to
the Closing, any portion of the Property is damaged or destroyed by fire or other casualty, or
subject to a condemnation or taking or the threat of a condemnation or taking,Purchaser may either
terminate this Agreement by delivering a written termination notice to Seller or elect to close. If
the transaction is to proceed to Closing,there shall be no reduction in the Purchase Price,but Seller
shall assign to Purchaser all of Seller's right and interest in any insurance proceeds and/or
condemnation awards, as applicable, plus an amount equal to any insurance deductible.
ARTICLE 9
DEFAULT
Section 9.1 Purchaser's Remedies
If Seller fails to perform its obligations under this Agreement for any reason except
Purchaser's default, Seller shall be in default and Purchaser may elect to (i) terminate this
Agreement and receive the Earnest Money, or (ii) pursue the remedy of specific performance, as
it sole and exclusive remedies.
Section 9.2 Seller's Remedies
If Purchaser fails to perform its obligations under this Agreement for any reason except
Seller's default,Purchaser shall be in default,and Seller may terminate this Agreement and receive
the Earnest Money.
ARTICLE 10
REAL ESTATE COMMISSIONS
Each party to this Agreement represents and warrants to the other party that such party has
had no dealings with any person, firm, agent or finder in connection with the negotiation of this
Agreement and/or the consummation of the purchase and sale contemplated herein and no real
estate broker, agent, attorney, person, firm or entity is entitled to any commission or finder's fee
in connection with this transaction as the result of any dealings or acts of such party. To the extent
permitted by law, each party hereby agrees to indemnify, defend, protect and hold the other party
harmless from and against any costs, expenses or liability for compensation, commission, fee, or
charges which may be claimed by any agent, finder or other similar party by reason of any dealings
or acts of the indemnifying party.
ARTICLE 11
MISCELLANEOUS PROVISIONS
Section 11.1 Notices
All notices and other communications required or permitted under this Agreement must be
in writing and shall be deemed delivered on the earlier of: (i) actual receipt, if delivered in person
or by messenger with evidence of delivery; (ii) the date and time of transmission if delivered by
Purchase and Sale Agreement Page 13
2987156
email; or (iii) three (3) business days after deposit in the United States Mail as required below.
Notices delivered by mail must be deposited with the U.S.Postal Service and sent by certified mail
return receipt requested with postage prepaid, and properly addressed to the intended recipient at
the address set forth below. Any party may change its address for notice purposes by delivering
written notice of its new address to all other parties in the manner set forth above.
Section 11.2 Forms and Construction
This Agreement is the result of negotiations between the parties,neither of whom has acted
under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms
and provisions hereof shall be construed in accordance with their usual and customary meanings.
Seller and Purchaser hereby waive the application of any rule of law which otherwise would be
applicable in connection with the construction of this Agreement that ambiguous or conflicting
terms or provisions should be construed against the party who (or whose attorney) prepared the
executed Agreement or any earlier draft of the same.
Section 11,3 Attorney's Fees
The prevailing party in any legal proceeding brought in relation to this Agreement or
transaction shall be entitled to recover from the non-prevailing party's court costs, reasonable
attorneys' fees and all other reasonable litigation expenses.
Section 11.4 Assignment
Purchaser may not assign this Agreement without the prior written consent of Seller.
Notwithstanding the foregoing, Purchaser may assign its rights under this Agreement to any
affiliated entity which directly or indirectly controls, is controlled by or is under common control
with Purchaser without the consent of Seller, on the condition that the assignee expressly assumes
all of the obligations of Purchaser hereunder in a written agreement, and such written agreement
is delivered to Seller prior to the Closing Date. This Agreement shall be binding upon and inure
to the benefit of the respective legal representatives, successors, assigns, heirs, and devises of the
parties.
Section 1L5 Integration
This Agreement contains the complete agreement between the parties with respect to the
Property and cannot be varied except by written agreement of the parties hereto. The parties agree
that there are no oral or signed agreements,understandings,representations or warranties made by
the parties which are not expressly set forth herein.
Section 11.6 Survival
Any warranty, representation, covenant, condition or obligation contained in this
Agreement not otherwise consummated at the Closing will survive the Closing of this transaction
for a period of one (1) year.
Section 11.7 Binding Effect
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2987156
This Agreement shall inure to the benefit of and be binding upon the parties to this
Agreement and their respective heirs, legal representatives, successors and assigns.
Section 11.8 Time for Performance
Time is of the essence under each provision of this Agreement. If any date of performance
hereunder falls upon a Saturday, Sunday or recognized holiday, such date will be deemed moved
forward to the next day which is not a Saturday, Sunday or recognized holiday.
Section 11.9 Business Day
The term "business day" shall mean days elapsed exclusive of Saturday, Sunday or
recognized holidays.
Section 11.10 Governing Law
This Agreement shall be construed under and governed by the laws of the State of Texas,
and unless otherwise provided herein, all obligations of the parties created under this Agreement
are to be performed in the county where the Property is located.
Section 11.11 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court
of competent jurisdiction, the invalid, illegal or unenforceable provision shall not affect any other
provisions, and this Agreement shall be construed as if the invalid, illegal, or unenforceable
provision is severed and deleted from this Agreement.
Section 11.12 Counterparts
This Agreement may be executed in a number of identical counterparts. Each counterpart
is deemed an original and all counterparts shall, collectively, constitute one agreement. Executed
documents transmitted electronically shall be considered originals.
Section 11.13 Gender; Number
Unless the context requires otherwise, all pronouns used in this Agreement shall be
construed to include the other genders, whether used in the masculine, feminine or neuter gender.
Words in the singular number shall be construed to include the plural, and words in the plural shall
be construed to include the singular.
Section 11.14 Further Assurances
The parties each agree that at any time, or from time to time, after the execution of this
Agreement and whether before or after the exercise of the Option, each party will,upon the request
of the other party hereto, execute and deliver such further documents and do such further acts and
things as such other party may reasonably request in order to effect fully the purposes of this
Agreement.
Purchase and Sale Agreement Page 15
2987156
Section 11.15 Immunity
It is expressly understood and agreed that, in the execution of this Agreement, Seller 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.
ARTICLE 12
ADDITIONAL CONDITIONS PRECEDENT
Section 12.1 City Council Approval
The parties hereto understand and agree that this Agreement is expressly conditioned on
the ratification and approval by Seller's City Council of this Agreement and this transaction.
Failure of this condition shall terminate this Agreement and this Agreement shall be null and void
and shall be of no further force or effect, and all refundable Earnest Money shall be immediately
returned to Purchaser.
Section 12.2 Adjacent Tract
The parties hereto understand and agree that this Agreement is expressly conditioned on
Purchaser acquiring fee simple title to that certain tract of land immediately adjacent to the
Property on the south side of the Property.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
Purchase and Sale Agreement Page 16
2987156
EXECUTED on the dates stated below, but to be EFFECTIVE on the Effective Date
defined herein.
SELLER:
CITY OF WYLIE, TEXAS, a Texas home-rule
municipality
By:
Name:
Title:
Execution Date:
PURCHASER:
GDA Investments,LLC-Series 53, a Texas series
limited liability company
By:
Name:
Title:
Execution Date:
Signature Page—Purchase and Sale Agreement Page 17
28987156
TITLE COMPANY ACCEPTANCE
The Title Company acknowledges receipt of the executed Agreement and Earnest Money
on , 2020, at (a.m./p.m.) and has accepted the Earnest
Money subject to the terms and conditions set forth in this Agreement.
TITLE COMPANY:
LAWYERS TITLE COMPANY
By:
Name:
Title:
250 Highway 78 South
Wylie, Texas 75098
Attn: D. Baron Cook
Phone: (972) 442-3541
Email: bcook@lawyerstitleco.com
Signature Page—Purchase and Sale Agreement Page 18
2987156
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a tract of laid in the William Sachse Survey, Abstract Number 835, situ-
ated in Collin County, Texas, and also being a part of that certain 67.87 acre
tract of land conveyed to Maurice Britten by deed recorded in Volume 1124,
Page 182 of the Deed Records of Collin County, Texas, and being more particu-
larly described as follows:
COMMENCING at the Northeast corner of that certain 7.50 acre tract of land con-
veyed to Duane C. Helmberger and wife, Alice F. Helmberger, said point being
on the West right-of-way line of Hooper Road (60.0 feet wide), and being South
of F.M. Road No. 544;
THENCE South 0°02'51" East along the West right-of-way line of Hooper Road,
576.32 feet to a hub and tack found on the South right-of-way line of a 60.0
foot wide ingress and egress easement;
THENCE South 89°56'24" West along the South line of the ingress and egress ease-
ment, 293.68 feet to an iron rod set at,the PLACE OF BEGINNING of this tract;_
THENCE South 0°03'36" East, 4.70 feet to an iron rod set in the Northwest line
of the North Texas Municipal Water District 60.0 foot wide easement as recorded
in Vuiuliie 35L, Page 748 of the Deed Records of Collin County, Texas;
THENCE South 70°58'32" West along said easement line, 237.91 feet to an iron
rod set;
THENCE North 89°03'36" West, 82.02 feet to an iron rod set on the South line
of the ingress and egress easement;
THENCE North 89°56'36" East along the South line of the ingress and egress
easement, 225.00 feet to the PLACE OF BEGINNING, and containing 0.2240 acres
of land, more or less.
Exhibit"A"—Purchase and Sale Agreement Page 19
2987156
EXHIBIT "A-1"
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Exhibit"A-1"—Purchase and Sale Agreement Page 20
2987156
EXHIBIT "B"
FORM OF SPECIAL WARRANTY DEED
"NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN
THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER."
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF COLLIN §
THAT, ("Grantor") for and in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in
hand paid by ("Grantee"), the receipt and
sufficiency of which is hereby acknowledged; has GRANTED, BARGAINED, SOLD and
CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto
Grantee that certain real property located in , County, Texas, and being more
particularly described in Exhibit "A" attached hereto and incorporated herein by this reference
for all purposes,together with all and singular the improvements,buildings, structures and fixtures
located thereon or attached thereto (the "Property");
This conveyance is made and accepted subject to all those certain easements, covenants,
restrictions and other matters more particularly described in Exhibit "B" attached hereto and
incorporated herein by this reference for all purposes, to the extent that same are valid and
subsisting and affect the Property(the"Permitted Exceptions").
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever; and
Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER
DEFEND all and singular the title to the Property unto Grantee, its successors and assigns, against
every person whomsoever lawfully claiming or to claim the Property or any part thereof, by,
through or under Grantor,but not otherwise; subject only, however, to the Permitted Exceptions.
EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN THAT CERTAIN PURCHASE
AND SALE AGREEMENT, DATED , BY AND BETWEEN GRANTOR AND
GRANTEE(THE"PURCHASE AGREEMENT"),IT IS UNDERSTOOD AND AGREED THAT
GRANTOR IS NOT MAKING ANY WARRANTIES OR REPRESENTATIONS OF ANY
KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO
Exhibit"B"—Purchase and Sale Agreement Page 21
2987156
MATTERS OF TITLE (OTHER THAN GRANTOR'S WARRANTY OF TITLE SET FORTH
IN THE PURCHASE AGREEMENT OR HEREIN), ZONING, TAX CONSEQUENCES,
PHYSICAL OR ENVIRONMENTAL CONDITION, ABSENCE OF LATENT DEFECTS,
OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL
APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING
RELATING TO OR AFFECTING THE PROPERTY. EXCEPT AS EXPRESSLY PROVIDED
IN THE PURCHASE AGREEMENT OR HEREIN, GRANTEE AGREES THAT WITH
RESPECT TO THE PROPERTY, GRANTEE HAS NOT RELIED UPON AND WILL NOT
RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR
WARRANTY OF GRANTOR OR GRANTOR'S REPRESENTATIVES. GRANTEE WILL
CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AND RELY UPON SAME, AND, UPON RECEIPT OF THIS
DEED, SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT
LIMITED TO, LATENT DEFECTS AND ADVERSE PHYSICAL AND ENVIRONMENTAL
CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND
INVESTIGATIONS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, GRANTEE AGREES
TO TAKE WHATEVER ACTION AND PERFORM WHATEVER INVESTIGATIONS AND
STUDIES GRANTEE DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION
OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OF, OR CURATIVE
ACTION TO BE TAKEN WITH RESPECT TO, ANY HAZARDOUS AND/OR TOXIC
SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY. GRANTEE
ACKNOWLEDGES AND AGREES THAT UPON RECEIPT OF THIS DEED, GRANTEE
SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS", WITH ALL FAULTS AND THERE
ARE NO ORAL OR WRITTEN AGREEMENTS, WARRANTIES OR REPRESENTATIONS,
COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR OR ANY THIRD
PARTY. FURTHER, GRANTEE HEREBY ACKNOWLEDGES TO GRANTOR THAT
GRANTEE AND GRANTOR ARE NOT IN A SIGNIFICANTLY DISPARATE BARGAINING
POSITION.
[Signature Page to Follow]
Exhibit"B"—Purchase and Sale Agreement Page 22
2987156
EXECUTED effective as of the day of , 20_.
GRANTOR:
, a
By:
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on the day of ,20_,
by , of
,on its behalf.
Notary Public, State of Texas
Exhibit"B"—Purchase and Sale Agreement Page 23
2987156
Exhibit "A"
Legal Description of Property
Exhibit"B"—Purchase and Sale Agreement Page 24
2987156
Exhibit "B"
Permitted Exceptions
Exhibit"B"—Purchase and Sale Agreement Page 25
2987156
li A,/
V'if Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: 1
Department: Planning (City Secretary's Use Only)
Prepared By: Jasen Haskins Account Code:
Date Prepared: July 20,2020 Exhibits: 1
Subject
Consider authorizing the City Manager to sign an Annexation Services Agreement pending Annexation between the City
of Wylie and Wylie PDV LP,to provide for public safety,waste management,and utility services to be provided for property
located at 2715 and 2730 Sachse Road.
Recommendation
Motion to approve authorizing the City Manager to sign an Annexation Services Agreement pending Annexation between
the City of Wylie and Wylie PDV LP, to provide for public safety,waste management, and utility services to be provided
for property located at 2715 and 2730 Sachse Road.
Discussion
The owner of the properties located at 2715 and 2730 Sachse Road has voluntarily requested Annexation under Section 43
Subchapter C-3 of the Texas Local Government Code (LGC). A requirement of LGC 43.0672 for voluntary annexation is
the approval of an Annexation Services Agreement prior to the adoption of the Annexation Ordinance. This item is the
consideration of said Services Agreement and the proposed agreement is attached.
The Services Agreement covers the extent and timeframe of City services that will be provided should the requested
annexation be approved. The Services covered include:
• Police and Fire services
• Planning,Building, and Code Enforcement services
• Parks
• Solid Waste Collection
• Streets
• Water and Sanitary Sewer
Under the terms of the agreement and current Wylie regulations and ordinances Police, Fire, Solid Waste Collection, and
Planning services are available on the effective date of the Annexation Ordinance. Building Inspections and Code
Enforcement are available 60 days from Annexation. Streets will be designed and constructed, at the developer's expense,
to City standards.Water and Sewer require the landowner to extend said utilities,at the developer's expense,in accordance
with City design standards, starting within 21/2 years and completing within 41/2 years.
Page 1 of 1
Page 2 of 2
In accordance with the Local Government Code,the City is under no obligation to provide any service not listed within this
Services Agreement.
The annexation request and associated Ordinance are on this agenda for consideration. The applicant is requesting
annexation of the property with the intent of rezoning the property for inclusion in the Dominion of Pleasant Valley Planned
Development. A Development Agreement addressing the potential rezoning was approved by City Council in June 2020
and executed in July 2020.
ANNEXATION SERVICE PLAN AGREEMENT
This SERVICE PLAN AGREEMENT ("Agreement") is made and entered into by and
among the CITY OF WYLIE, TEXAS, a home-rule municipality ("Wylie"), and WYLIE DPV,
LP, a Texas limited partnership("Landowner"). Wylie and Landowner are each referred to herein
as a"party" or collectively as the "parties."
WHEREAS,Landowner is the sole owner of that certain tract of land consisting of 15.880±
acres, situated in the Guadalupe De Los Santos Survey,Abstract No. 1384, Dallas County, Texas,
as more particularly described and depicted in Exhibit A, attached hereto and incorporated herein
for all purposes (the "Property" or"Annexed Area"); and
WHEREAS, pursuant to a Development Agreement (pending annexation) between
Landowner and City("Development Agreement")approved by the City Council on June 23,2020,
Landowner submitted to Wylie a voluntary request for annexation of the Property into the
corporate limits of Wylie pursuant to Subchapter C-3 of Chapter 43 of the Texas Local
Government Code; and
WHEREAS,Landowner acknowledges and agrees that in submitting the voluntary request
for annexation of the Property, Landowner has fully investigated and is aware of the rights, duties
and obligations that will apply to Landowner and its successors and assigns, as owner of the
Property, in the event that the Wylie City Council adopts an ordinance annexing the Property into
the corporate limits of Wylie (the "Annexation Ordinance"); and
WHEREAS,Landowner acknowledges and agrees that Wylie has complied or will comply
with all requirements for the consideration of Landowner' request for annexation of the Property
pursuant to Chapter 43 of the Texas Local Government Code, including holding public hearings
and providing the required public notices regarding the requested annexation; and
WHEREAS, Landowner acknowledges and agrees that the Property is eligible for
annexation in all respects under Texas law; and
WHEREAS, the parties desire to enter into this Agreement pursuant to Section 43.0672 of
the Texas Local Government Code to memorialize their agreement regarding the services Wylie
will provide to the Property provided that the Wylie City Council adopts the Annexation
Ordinance; and
WHEREAS,Landowner acknowledges and agrees that this Agreement fully complies with
Section 43.0672 of the Texas Local Government Code; and
WHEREAS, Wylie has investigated and determined that it would be advantageous and
beneficial to Wylie and its citizens to enter into this Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Wylie and Landowner agree as follows:
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1. Incorporation of Recitals. The representations, covenants and recitations set forth in the
foregoing recitals of this Agreement are true and correct, are incorporated into the body of
this Agreement and are adopted as findings of Wylie and Landowner.
2. Land Subject to Agreement. The land that is subject to this Agreement is the Property.
Landowner represents that he is the sole owner of the Property.
3. Agreement Conditioned on Annexation. This Agreement and the rights, duties and
obligations herein are subject to and conditioned on the Wylie City Council adopting the
Annexation Ordinance within ninety (90) days after the Effective Date (hereinafter
defined) of this Agreement. In the event that the Wylie City Council does not adopt the
Annexation Ordinance within ninety(90) days after the Effective Date of this Agreement,
this Agreement shall not be effective and neither party shall have any rights, duties or
obligations of any kind under this Agreement. In the event Landowner argues or claims
that a term, condition or provision of this Agreement or the Annexation Ordinance is
invalid, illegal, void, unenforceable or unlawful, then Wylie has the option to terminate
this Agreement, effective immediately.
4. Agreed Service Plan. Subject to the terms and conditions of this Agreement, the parties
agree that Wylie shall furnish or provide for the following municipal services to the
Property after annexation at the following levels and in accordance with the following
schedule:
(a) Police Services.
(i) Patrolling, responses to calls and other routine police services, within the
limits of existing personnel and equipment and in a manner consistent with
the methods of Wylie,will be provided in the Annexed Area on the effective
date of the Annexation Ordinance.
(ii) Upon ultimate development of the Annexed Area, the same level of police
services will be provided to the Annexed Area as are furnished throughout
Wylie at that time.
(b) Fire Services.
(i) Fire protection and emergency ambulance services and equipment, within
the limits of existing personnel and equipment and the limits of available
water and distances from existing fire stations and in a manner consistent
with the methods of Wylie, will be provided to the Annexed Area upon the
effective date of the Annexation Ordinance.
(ii) Upon ultimate development of the Annexed Area,the same level of fire and
emergency ambulance services will be provided to the Annexed Area as are
furnished throughout Wylie at that time.
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(c) Environmental Health and Code Enforcement Services.
(i) Enforcement of Wylie's environmental health ordinances and regulations,
including but not limited to, weed and brush ordinances, junked and
abandoned vehicle ordinances and animal control ordinances, shall be
provided within the Annexed Area within sixty (60) days of the effective
date of the Annexation Ordinance. Wylie's environmental health
ordinances and regulations will be enforced through the use of existing
personnel.
(ii) Inspection services, including the review of building plans, the issuance of
permits and the inspection of all buildings, plumbing, mechanical and
electrical work to ensure compliance with Wylie's codes, regulations and
ordinances will be provided within sixty (60) days of the effective date of
the Annexation Ordinance. Existing personnel will be used to provide such
services.
(iii) Subject to the Development Agreement, Wylie's zoning, subdivision, sign
and other ordinances shall be enforced in the Annexed Area beginning on
the effective date of the Annexation Ordinance.
(iv) All inspection services furnished by Wylie but not mentioned above will be
provided to the Annexed Area beginning within sixty (60) days of the
effective date of the Annexation Ordinance.
(v) As development and construction commence in the Annexed Area,
sufficient personnel will be provided to furnish the Annexed Area with the
same level of environmental health and code enforcement services as are
furnished throughout Wylie at that time.
(d) Planning and Zoning Services. The planning and zoning jurisdiction of Wylie will
extend to the Annexed Area upon the effective date of the Annexation Ordinance.
Wylie city planning will thereafter encompass the Annexed Area, and it shall be
entitled to consideration for zoning in accordance with Wylie's Zoning Ordinance
and Comprehensive Plan.
(e) Park and Recreation Services.
(i) Inhabitants of the Annexed Area may utilize all existing park and
recreational services, facilities and sites throughout Wylie beginning on the
effective date of the Annexation Ordinance.
(ii) Additional facilities and sites to serve the Annexed Area will be acquired,
developed and maintained at locations and times provided by applicable
plans, policies, programs and decisions of Wylie. The Annexed Area will
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be included in all future plans for providing parks and recreation services to
Wylie.
(iii) Existing parks, playgrounds, swimming pools and other recreational
facilities within the Annexed Area shall,upon dedication to and acceptance
by Wylie, be maintained and operated by Wylie, but not otherwise.
(f) Solid Waste Collection Services.
(i) Solid waste collection services shall be provided to the Annexed Area in
accordance with Wylie's existing policies, beginning on the effective date
of the Annexation Ordinance.
(ii) As development and construction commence in the Annexed Area and
population density increases in the Annexed Area, solid waste collection
services shall be provided to the Annexed Area in accordance with Wylie's
policies regarding frequency, changes and the like as are existing at that
time.
(g) Streets.
(i) Wylie's existing policies with regard to street maintenance, applicable
throughout Wylie, shall apply to the Annexed Area beginning on the
effective date of the Annexation Ordinance. Unless a street within the
Annexed Area has been constructed or is improved to Wylie's standards
and specifications, such street will not be maintained by Wylie.
Notwithstanding anything to the contrary herein, private streets within the
Annexed Area shall remain private streets after annexation and Wylie and
the Landowner agree that Wylie shall have no obligation to maintain,repair
or improve the private streets or to pay the costs thereof.
(ii) As development, improvement or construction of streets to Wylie's
standards commences within the Annexed Area, the policies of Wylie with
regard to participation in the costs thereof, acceptance upon completion
thereof and maintenance after completion thereof shall apply as such
policies exist at that time.
(iii) The same level of maintenance shall be provided to streets within the
Annexed Area that are accepted by Wylie as is provided to streets
throughout Wylie.
(iv) Street lighting installed on streets improved to Wylie's standards and
specifications shall be maintained by the appropriate franchise holder in
accordance with existing Wylie policies.
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(h) Water Services.
(i) Connection to existing Wylie water mains for water service for domestic,
commercial and industrial use within the Annexed Area will be provided in
accordance with existing Wylie policies. Upon connection to existing
mains, water will be provided at rates established by Wylie ordinances for
such service throughout Wylie.
(ii) As development and construction commence on the Annexed Area, Wylie
water mains will be extended in accordance with provisions of the
Subdivision Ordinance and other applicable ordinances and regulations in
effect at that time. Wylie's participation in the costs of such extensions
shall be in accordance with the applicable Wylie ordinances and regulations
in effect at that time. Such extensions will be commenced within two and
one-half(2%2) years from the effective date of the Annexation Ordinance
and substantially completed within four and one-half(4'/2) years after that
date.
(iii) Water mains installed or improved to Wylie's standards which are within
the Annexed Area and are within dedicated easements shall be maintained
by Wylie beginning on the effective date of the Annexation Ordinance.
(iv) Private water lines within the Annexed Area shall be maintained by their
respective owners in accordance with existing policies applicable
throughout Wylie.
(i) Sanitary Sewer Services.
(i) Connections to existing Wylie sanitary sewer mains for sanitary sewer
service in the Annexed Area will be provided in accordance with existing
Wylie policies. Upon connection, sanitary sewer service will be provided at
rates established by Wylie ordinances for such service throughout Wylie.
(ii) Sanitary sewer mains and/or lift stations installed or improved to Wylie's
standards that are located in dedicated easements, are within the Annexed
Area and are connected to Wylie mains will be maintained by Wylie
beginning on the effective date of the Annexation Ordinance.
(iii) As development and construction commence in the Annexed Area, Wylie
sanitary sewer services will be extended in accordance with provisions of
the Subdivision Ordinance and other applicable Wylie ordinances and
regulations in effect at that time. Such extensions will be commenced
within two and one-half (2'/2) years from the effective date of the
Annexation Ordinance and substantially completed within four and one-half
(4'/2) years after that date.
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(j) Miscellaneous.
(i) Any facility or building located within the Annexed Area and utilized by
Wylie in providing services to the Annexed Area will be maintained by
Wylie commencing on the date of use or on the effective date of the
Annexation Ordinance, whichever occurs later.
(ii) General municipal administration and administrative services of Wylie shall
be available to the Annexed Area beginning on the effective date of the
Annexation Ordinance.
(iii) Notwithstanding anything set forth above,this Service Plan does not require
all municipal services be provided as set forth above if different
characteristics of topography, land use and population density are
considered a sufficient basis for providing different levels of service.
5. Default. If Wylie fails to comply with the terms and conditions of this Agreement and
such failure is not cured within a reasonable period of time after Wylie receives written
notice of such failure from Landowner, then Landowner may seek disannexation pursuant
to Section 43.141 of the Texas Local Government Code as its sole and exclusive remedy.
In no event shall Wylie be liable to Landowner or any other owner or inhabitant of the
Annexed Area for any direct, indirect, incidental, special or consequential damages arising
out of this Agreement or for the cost of procurement of substitute services.
6. Covenant Running with the Land. This Agreement shall be a covenant running with the
land and Property and shall be binding on Landowner and Landowner's successors and
assigns.
7. Limitations of Agreement. Wylie ordinances covering property taxes,utility rates,permit
fees, inspection fees, tree mitigation fees, impact fees, development 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 Landowner to Wylie under any ordinance,whether
now existing or in the future arising.
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; by electronic mail, with documentation evidencing the addressee's receipt
thereof; or by delivering the same in person to such party a via hand-delivery service, or
any courier service that provides a return receipt showing the date of actual delivery of
same to the addressee thereof. Notice given in accordance herewith shall be effective upon
receipt at the address of the addressee. For purposes of notification, the addresses of the
parties shall be as follows:
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If to Wylie, addressed to it at:
City of Wylie
Attn: Chris Holsted, City Manager
Wylie, Texas 75098
Telephone: (972) 516-6000
Email: chris.holsted@wylietexas.gov
with a copy to:
Abernathy, Roeder, Boyd&Hullett, P.C.
Attention: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544-4044
Email: rpittman@abernathy-law.com
If to Landowner, addressed to him at:
Wylie DPV, LP
ATTN: Ron Haynes
6206 Lupton Drive
Dallas, TX 75225
Telephone: (214) 673-0575
Email: rhaynes@haynesdevco.com
9. Release. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LANDOWNER HEREBY
RELEASES, WAIVES AND HOLDS HARMLESS WYLIE AND ITS COUNCIL MEMBERS,
OFFICERS,AGENTS,REPRESENTATIVES AND EMPLOYEES FROM ALL DAMAGES,INJURIES,
CLAIMS,OBJECTIONS,LOSSES,DEMANDS,SUITS,JUDGMENTS AND COSTS ARISING OUT OF
OR RELATED TO WYLIE'S ANNEXATION OF THE PROPERTY,WYLIE'S CONSIDERATION OF
ANNEXATION OF THE PROPERTY AND WYLIE'S ADOPTION OF THE ANNEXATION
ORDINANCE. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
10. Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights on the
Property, or any portion thereof In addition, nothing contained in this Agreement shall
constitute a "permit" as defined in Chapter 245 of the Texas Local Government Code, as
amended, and nothing in this Agreement provides Wylie with fair notice of any project of
Landowner. LANDOWNER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE
TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, AS TO THIS AGREEMENT. THIS
SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
11. Warranties/Representations. All warranties,representations and covenants made by one
party to the other in this Agreement or in any certificate or other instrument delivered by
one party to the other under this Agreement shall be considered to have been relied upon
by the other party and will survive the satisfaction of any fees under this Agreement,
regardless of any investigation made by either party.
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12. Entire Agreement. This Agreement and the Development Agreement contain the entire
agreement of the parties with respect to the matters contained herein and may not be
modified or terminated except upon the provisions hereof or by the mutual written
agreement of the parties.
13. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation,
validity,performance and enforcement of this Agreement,without regard to conflict of law
principles. This Agreement is performable in Collin County, Texas, and the exclusive
venue for any action arising out of this Agreement shall be a court of appropriate
jurisdiction in Collin County, Texas.
14. Consideration. This Agreement is executed by the parties without coercion or duress and
for substantial consideration, the sufficiency of which is forever confessed.
15. Multiple Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An electronic
mail or facsimile signature will also be deemed to constitute an original if properly
executed and delivered to the other party.
16. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the party for which his or her signature appears,
that there are no other parties or entities required to execute this Agreement in order for the
same to be an authorized and binding agreement on the party for whom the individual is
signing this Agreement and that each individual affixing his or her signature hereto is
authorized to do so, and such authorization is valid and effective on the Effective Date
(hereinafter defined). Landowner acknowledges that each and every owner of the Property
must sign this Agreement in order for the Agreement to take full effect, and Landowner
covenants and agrees to indemnify, hold harmless, and defend Wylie and its Council
members, officers, agents, representatives and employees against any and all claims
asserted by any person claiming an ownership interest in the Property who has not
signed the Agreement that arise in any way from Wylie's reliance on this Agreement.
17. Savings; Severability. In the event that a term, condition or provision of this Agreement
is determined to be invalid,illegal,void,unenforceable or unlawful by a court of competent
jurisdiction,then that term, condition or provision shall be deleted and the remainder of the
Agreement shall remain in full force and effect as if such invalid, illegal, void,
unenforceable or unlawful provision had never been contained in this Agreement.
18. Representations. Each party represents that it has carefully read this Agreement, knows
the contents hereof,has consulted with an attorney of its choice regarding the meaning and
effect hereof and is signing the same solely of its own judgment.
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19. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Agreement, and the parties do not intend
to create any third party beneficiaries by entering into this Agreement.
20. Immunity. It is expressly understood and agreed that, in the execution and performance
of this Agreement, Wylie has not waived,nor shall be deemed hereby to have waived, any
defense or immunity,including governmental, sovereign and official immunity,that would
otherwise be available to it against claims arising in the exercise of governmental powers
and functions. By entering into this Agreement, the parties do not create any obligations,
express or implied, other than those set forth herein.
21. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by
all parties hereto. The language of all parts of this Agreement shall be construed as a whole
according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective when all the parties have signed it. The date this Agreement is signed
by the last party to sign it (as indicated by the date associated with that party's signature below)
will be deemed the effective date of this Agreement ("Effective Date").
CITY OF WYLIE, TEXAS,
a home-rule municipality
By:
Chris Holsted, City Manager
Date:
Attested to by:
Stephanie Storm, City Secretary Wylie DPV LIMITED PARTNERSHIP,
a Texas limited partnership
By: Webb Peak Development Partners LP,
its general partner
By: RNH Development Company,
its general partner
By:
Ronald N. Haynes, Jr.
President
Date:
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STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Chris Hoisted,
known to me to be one of the persons whose names are subscribed to the foregoing instrument; he
acknowledged to me that he is the City Manager and duly authorized representative of the CITY
OF WYLIE, TEXAS, a home-rule municipality, and that he executed the same for the purposes
and consideration therein stated and in the capacity therein stated as the act and deed of the City
of Wylie, Texas.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day
of , 2020.
Notary Public, State of Texas
My Commission Expires:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; she acknowledged to me that she executed the same for the purposes and
consideration therein stated and in the capacity therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day
of ,2020.
Notary Public, State of Texas
My Commission Expires:
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Exhibit A
BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT
NO. 1384, City of Wylie, Dallas County, Texas and being part of that tract of land described in
Deed to Larry C.Martinez and wife Yvonne Cuellar Martinez,as recorded in Volume 83203,Page
2560, Deed Records, Dallas County, Texas and being all of that tract of land described in Deed to
Johnny N.Martinez and wife,Josephine C.Martinez,as recorded in Document No. 200302162386
(Volume 2003013, Page 1499), Deed Records, Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set in the southeast
line of Sachse Road, a variable width right-of-way, for the most westerly northwest corner of said
Johnny N. Martinez and wife, Josephine C. Martinez tract;
THENCE North 45 degrees 26 minutes 14 seconds East, with said southeast line, a distance of
342.41 feet to a 1-inch iron rod found for the common north corner of said Johnny N. Martinez
and wife,Josephine C.Martinez tract and most westerly northwest corner of said Larry C.Martinez
and wife, Yvonne Cuellar Martinez tract;
THENCE South 44 degrees 34 minutes 49 seconds East, leaving said southeast line and with the
common northeast line of said Johnny N. Martinez and wife, Josephine C. Martinez tract and
southwest line of said Larry C. Martinez and wife Yvonne Cuellar Martinez tract, a distance of
623.58 feet to a 1/2 inch iron rod with a yellow plastic cap stamped"JVC" set for corner;
THENCE North 36 degrees 55 minutes 02 seconds East, leaving said common line, a distance of
362.93 feet to a 1/2 inch iron rod with a yellow plastic cap stamped"JVC" set in the northeast line
of the above mentioned Larry C. Martinez and wife Yvonne Cuellar Martinez tract for corner;
THENCE South 45 degrees 11 minutes 57 seconds East, with said northeast line, a distance of
439.43 feet to a fence post found for corner;
THENCE South 45 degrees 03 minutes 10 seconds East, continuing with said northeast line, a
distance of 254.14 feet to a fence post found for the southeast corner of said Larry C. Martinez and
wife Yvonne Cuellar Martinez tract;
THENCE South 44 degrees 55 minutes 30 seconds West,passing at a distance of 365.79 feet a 1/2
inch iron rod found for the common south corner of said Larry C. Martinez and wife Yvonne
Cuellar Martinez tract, and most easterly southeast corner of the above mentioned Johnny N.
Martinez and wife,Josephine C. Martinez tract, and continuing in all for a total distance of 732.00
feet to a 5/8 inch iron rod found for the south corner of said Johnny N.Martinez and wife,Josephine
C. Martinez tract;
THENCE North 43 degrees 30 minutes 27 seconds West, a distance of 1,270.11 feet to the POINT
OF BEGINNING and containing 15.880 acres of land, more or less.
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li A,/
V'if Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: 2
Department: Planning (City Secretary's Use Only)
Prepared By: Jasen Haskins Account Code:
Date Prepared: July 20,2020 Exhibits: 3
Subject
Hold a Public Hearing, consider, and act upon, Ordinance No. 2020-40 authorizing the annexation of two tracts of land
totaling 15.880 acres situated in the Guadalupe De Los Santos Survey,being part of Tract 1 and all of Tract 1.1, located at
2715 and 2730 Sachse Road. A2020-02
Recommendation
Motion to approve Ordinance No.2020-40 authorizing the annexation of two tracts of land totaling 15.880 acres situated in
the Guadalupe De Los Santos Survey, being part of Tract 1 and all of Tract 1.1, located at 2715 and 2730 Sachse Road.
A2020-02
Discussion
This annexation is at the voluntary request of the property owner,Wylie DPV,LP.
The subject properties are described in Exhibit A- Legal Description and is adjacent to the corporate city limits of Wylie
as required by the Texas Local Government Code.
The annexation is subject to the approval of the Services Agreement on this agenda. The Services Agreement becomes a
part of the Annexation Ordinance,as Exhibit B.In addition,the property,if annexed,is subject to the City Council approved
Development Agreement executed in July 2020.
Pursuant to the LGC, a voluntary annexation by a property owner requires one public hearing, immediately after which an
Annexation Ordinance may be adopted.
Upon adoption of this ordinance, the property will be zoned temporarily as Agricultural District (AG/30) until permanent
zoning is established by the Council in accordance with Article 8 of the City of Wylie Comprehensive Zoning Ordinance
and the executed Development Agreement.
Page 1 of 1
ORDINANCE NO. 2020-40
AN ORDINANCE ANNEXING 15.880 ACRES BEING PART OF
TRACT 1 AND ALL OF TRACT 1.1 SITUATED IN THE
GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO.
1384, RECORDED IN DEED RECORDS, DALLAS COUNTY,
TEXAS; 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 City Council of the City of Wylie, Texas ("City Council") under the
authority of Section 43.0671 Local Government Code and the City of Wylie,Texas' (Wylie)Home
Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie
and its inhabitants to annex the below-described property(the "Property")to Wylie; and;
WHEREAS,prior to conducting the public hearing required under Section 43.0673,Local
Government Code, the City Council also investigated and determined that the Property as
described (Exhibit A) - is within the extraterritorial jurisdiction of Wylie and is adjacent and
contiguous to the existing city limits of Wylie; and
WHEREAS, the City Council finds that the Services Agreement (Exhibit "B") has been
prepared in full compliance with Section 43.0672, Local Government Code, and has been made
available for public inspection and was available for explanation to the inhabitants of the Property
at the public hearings; and
WHEREAS,the City Council finds that the field notes close the boundaries of the Property
being annexed; and
WHEREAS, the City Council has conducted at least one (1) public hearing at which
persons interested in the annexation were given an opportunity to be heard regarding the proposed
annexation and the proposed service agreement; and
WHEREAS,the City Council finds that the public hearing was conducted on or before the
twentieth (20th) day but after the tenth (loth) day from the date of notification of the annexation
proceedings; and
WHEREAS,the City Council finds it has completed the annexation process within ninety
(90) days after the City instituted the annexation proceedings; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
Ordinance 2020-40 -Annexing 15.880 Acres Being Part Of Tract 1 And All Of Tract 1.1 Situated In The
Guadalupe De Los Santos Survey,Abstract No. 1384,Recorded In Deed Records,Dallas County,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 Agriculture/30 (A/30) District, said
property being described in Exhibit"A"(Legal Description)attached hereto and made a part hereof
for all purposes.
SECTION 2: That all ordinances of the City in conflict with the provisions of this
ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict
with the provisions of this ordinance shall remain in full force and effect.
SECTION 3: That the above described property shall be used only in the manner and for
the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein
by the granting of this zoning classification.
SECTION 4: Any person, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act
and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as
the same now exists or is hereafter amended.
SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than the part
so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 6: This ordinance shall be in full force and effect from and after its adoption by
the City Council and publication of its caption as the law and the City Charter provide in such
cases.
SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this
Ordinance, shall not be construed as abandoning any action now pending under or by virtue of
such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any
penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or
provisions of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 28th day of July, 2020.
Eric Hogue, Mayor
ATTEST:
Stephanie Storm, City Secretary
DATE OF PUBLICATION:June 5,2020,in the Wylie News
Ordinance 2020-40 -Annexing 15.880 Acres Being Part Of Tract 1 And All Of Tract 1.1 Situated In The
Guadalupe De Los Santos Survey,Abstract No. 1384,Recorded In Deed Records,Dallas County,Texas
LEGAL DESCRIPTION
ANNEX TRACT ONE
5.565 ACRES
BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY,
ABSTRACT NO. 1384, City of Wylie, Dallas County, Texas and being part of that tract of
land described in Deed to Larry C. Martinez and wife Yvonne Cuellar Martinez, as
recorded in Volume 83203, Page 2560, Deed Records,Dallas County, Texas and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for the common south corner of said Larry C.
Martinez and wife Yvonne Cuellar Martinez tract, and most easterly southeast corner of
that tract of land described in Deed to Johnny N. Martinez and wife, Josephine C.
Martinez, as recorded in Document No. 200302162386 (Volume 2003013, Page 1499), Deed
Records, Dallas County, Texas;
THENCE North 44 degrees 34 minutes 49 seconds West, with the common southwest line
of said Larry C. Martinez and wife Yvonne Cuellar Martinez tract and northeast line of
said Johnny N. Martinez and wife, Josephine C. Martinez tract, a distance of 643.03 feet to
a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for corner from which a 1-
inch iron pipe found in the southeast line of Sachse Road, a variable width right-of-way, for
the most westerly northwest corner of said Larry C. Martinez and wife Yvonne Cuellar
Martinez tract bears North 44 degrees 34 minutes 49 seconds West, 623.58 feet;
THENCE North 36 degrees 55 minutes 02 seconds East, a distance of 362.93 feet to a 1/2
inch iron rod with a yellow plastic cap stamped "JVC" set in the northeast line of the above
mentioned Larry C. Martinez and wife Yvonne Cuellar Martinez tract for corner;
THENCE South 45 degrees 11 minutes 57 seconds East, with said northeast line, a distance
of 439.43 feet to a fence post found for corner;
THENCE South 45 degrees 03 minutes 10 seconds East, continuing with said northeast
line, a distance of 254.14 feet to a fence post found for the southeast corner of said Larry C.
Martinez and wife Yvonne Cuellar Martinez tract;
18020DESC-ANNEX-TR1-5.565AC Page 1 of 2
THENCE South 44 degrees 55 minutes 30 seconds West, a distance of 365.79 feet to the
POINT OF BEGINNING and containing 5.565 acres of land, more or less.
18020DESC-ANNEX-TR1-5.565AC Page 2 of 2
LEGAL DESCRIPTION
ANNEX TRACT TWO
10.315 ACRES
BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY,
ABSTRACT NO. 1384, City of Wylie, Dallas County, Texas and being all of that tract of
land described in Deed to Johnny N. Martinez and wife, Josephine C. Martinez, as
recorded in Document No. 200302162386 (Volume 2003013, Page 1499), Deed Records,
Dallas County, Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set in the
southeast line of Sachse Road, a variable width right-of-way, for the most westerly
northwest corner of said Johnny N. Martinez and wife, Josephine C. Martinez tract;
THENCE North 45 degrees 26 minutes 14 seconds East, with said southeast line, a distance
of 342.41 feet to a 1-inch iron rod found for the most northerly northwest corner of said
Johnny N. Martinez and wife, Josephine C. Martinez tract;
THENCE South 44 degrees 34 minutes 49 seconds East, leaving said southeast line, a
distance of 1,266.62 feet to a 1/2 inch iron rod found for the most easterly, southeast corner
of said Johnny N. Martinez and Josephine C. Martinez tract;
THENCE South 44 degrees 55 minutes 30 seconds West, a distance of 366.20 feet to a 5/8
inch iron rod found for the most southerly southeast corner of said Johnny N. Martinez
and Josephine C. Martinez tract;
THENCE North 43 degrees 30 minutes 27 seconds West, a distance of 1,270.11 feet to the
POINT OF BEGINNING and containing 10.315 acres of land, more or less.
18020DESC-ANNEX-TR2-10.315AC Page 1 of 1
IIIIIII' 'I \+ • / + E FM 54� STONE RD _
I ' /\ / \ LEGEND ` w
/ + -+- HENSLEY LN in >
• / \ • Point of Curvature or Tangency on Q
ALANIS DR
/ h /0e/ Center Line11 I // �'" + -1,0 •• 1/2" Iron rod set with a yellow plastic capZ m \
II // / ��FO stamped "JVC" (unless otherwise noted) RANCHRD \ f
�I WoO.:RIDGE PHASE SI EEN • + 4/ F< O 1/2 IRF
I I' vs s 14,PGS.270- 2. O os, �° o / PROJECT
1� I R.C.C.T. // . ,- 1j�Q s,9� \ AC Acre _� /� _ a _ _ .� _ COLLIN COUNTY
Y ,_
,ii • "' CO TpS, + BL Building Line o``/ � ..� r°G DALLAS COUNTY
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ZONING SIGN LOCATION / \ ` \\ JOSEPHINE C MARTINEZ \ '9C+ Esmt Easement Qom``
/ \ PP DOCUMENT NO.201400170215 �", �`��
/ \ + / L1 Line No. Se-
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\ \ D.R.D.C.T. \ R.O.W. Right—of—Way �``P �`�� T°�
�+ / , \\ \ } + 9 Y Q Fly F�9
\ / \ ♦ \ SF Square Feet N
NED PD Q�/ ` ��"B \ \ \ UE Utility Easement2. + D.R.D.C.T. = Deed Records of Dallas County, Texas��(, \ ; M.R.C.C.T. =Map Records of Collin County, Texas`Z`/ \ \ + = Official Public Records of Dallas County, GEO.BUSIiICE LAKE RAY HUBBARD
A�Q. ,001.50 A\ Ate.\\ Texas ���\
v VICINITY MAP
POINT OF \ . .. \ '
5 p� .P \\ \\ LARRY C. MARTINEZ and wife N.T.S.BEGINNING A., • YVONNE CUELLAR MARTINEZ } N
\ 0 \
VOLUME 83203,PAGE 2560 LEGAL DESCRIPTION
. 4•4 . \\ - \\ D.R.D.C.T. \ DOMINION AT PLEASANT VALLEY
\ \ ANNEX TRACT
�tx`� \ \ •
\ \ 15.880 ACRES
/
\\ \ /
} PERRY KINNARD&LYNDA KINNARD
j ��� • \ • \ VOL.95234,PAGE 0476 BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY,
. B <CM> - B VERIZON \� PP + o.P.R.D.C.T. ABSTRACT NO. 1384, City of Wylie, Dallas County, Texas and being part of
oa • ERNEST C CASTILLO and \ that tract of land described in Deed to Larry C. Martinez and wife Yvonne
/ \ "' SL= • G LCUISE MENT NO. EZ 201400170O • , Cuellar Martinez, as recorded in Volume 83203, Page 2560, Deed Records,
/ F �� DOCUMENT NO.201400170213
QG ,�0 0000 PP / D.R.D.C.T. C5 SR Dallas County, Texas and being all of that tract of land described in Deed to
�� O' �� ti� � �o `S>>, Johnny N. Martinez and wife, Josephine C. Martinez, as recorded in Document
/ ,i ��4`e' ti° •• \ • UGEB iNCOR • 0.>„ No. 200302162386 (Volume 2003013, Page 1499), Deed Records, Dallas
// �tih ��� . .I v ,C) County, Texas and being more particularly described as follows:
'P �o °oo�FGF� 0 • �O •��- BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "JVC"set
\ G'Li ••47°49G I \ ssco in the southeast line of Sachse Road, a variable width right—of—way, for the
O T
aT�'�o2Too1 0N most westerly northwest corner of said Johnny N. Martinez and wife,
J •'�o'�o7oo'4iF \ • Josephine C. Martinez tract;
(P,5) \ CT 190
�F�d 0 SSCO /
/ °oGo�T 1��so°o-WM PUMP •SSco THENCE North 45 degrees 26 minutes 14 seconds East, with said southeast
\ 2'F��/,�y \ \ 0 line, a distance of 342.41 feet to a 1—inch iron rod found for the common
•WATER SPIGOT
\ ono'Pi,2G north corner of said Johnny N. Martinez and wife, Josephine C. Martinez tract
• .• 01 Fs /
and most westerly northwest corner of said Larry C. Martinez and wife,
\ 1. 9bos)47� Yvonne Cuellar Martinez tract;
06, 41
�TF \ Sao�•J, \,
\ 11' 0 4:1 FCP FOUND THENCE South 44 degrees 34 minutes 49 seconds East, leaving said
0 0 4F I southeast line and with the common northeast line of said Johnny N.
ocGF 24) �� o Martinez and wife, Josephine C. Martinez tract and southwest line of said
\47<<'4, 474704:9'c>4. \ ,, Larry C. Martinez and wife Yvonne Cuellar Martinez tract, a distance of
� � °2Too� I •.,� 623.58 feet to a 1/2 inch iron rod with a yellow plastic capstamped "JVC"
.6 o 0<<,, \ �' 0 EXISTING s set for corner; / p
p1<<, 0 \ POND LARRY C.MARTINEZ and wife X
d' a YVONNE CUELLAR MARTINEZ 0C
6r4> \ PP VOLUME 83203,PAGE 2560 °�• REMAINDER OF THENCE North 36 degrees 55 minutes 02 seconds East, leavingsaid common
Gu D.R.D.C.T. O� WYLIE DPV LIMITED PARTNERSHIP 9
DOCUMENT NO.20131029001473050 line, a distance of 362.93 feet to a 1/2 inch iron rod with a yellow plastic
II 0 \ D.R.C.C.T.
44 SN cap stamped "JVC"set in the northeast line of the above mentioned Larry C.
11' III
Vie \
7 Martinez and wife Yvonne Cuellar Martinez tract for corner;
I•' THENCE South 45 degrees 11 minutes 57 seconds East, with said northeast
VIII line, a distance of 439.43 feet to a fence post found for corner;
III
THENCE South 45 degrees 03 minutes 10 seconds East, continuing with said
III / \ _ 3 CP FOUND northeast line, a distance of 254.14 feet to a fence post found for the
--/- 4'�
U
southeast corner of said Larry C. Martinez and wife Yvonne Cuellar Martinez
\ 1 ' \
/ tract;
\ / THENCE South 44 degrees 55 minutes 30 seconds West, passing at a
`+ ( J distance of 365.79 feet a 1/2 inch iron rod found for the common south
corner of said Larry C. Martinez and wife Yvonne Cuellar Martinez tract, and
JOHNNY N. MARTINEZ and wife, most easterly southeast corner of the above mentioned Johnny N. Martinez
1 .1 JOSEPHINE C.MARTINEZ
DOCUMENTNO.200302162386 and wife, Josephine C. Martinez tract, and continuing in all for a total
\ TRACT 2 VOLUME 2003013,PAGE 1499 distance of 732.00 feet to a 5/8 inch iron rod found for the south corner
S&B MONTGOMERY INVESTMENTS LLC D.R.D.C.T.
DOCUMENT NO.201900065000 of said Johnny N. Martinez and wife, Josephine C. Martinez tract;
/
1 D.R.D.C.T. \
THENCE North 43 degrees 30 minutes 27 seconds West, a distance of
/ 1,270.11 feet to the POINT OF BEGINNING and containing 15.880 acres of
ti \ land, more or less.
----
'-'\ °�� 4
/
/ / V \ ��°� \ 4- ZONED PD ANNEXATION EXHIBIT•
0
/ 1/2IRF ; DOMINION OF
\ 1 �h� PLEASANT VALLEY
ZONE AE \ \ �°c
I REMAINDER OF ANNEX TRACT
` WYLIE DPV LIMITED PARTNERSHIP
DOCUMENT NO.20131029001473050
\ D.R.C.C.T.
APPROXIMATE LOCATION 15.880 ACRES
1 10-YEAR FLOODPLAIN 1
I OUT OF THE
GUADALUPE DE LOS SANTOS SURVEY,
1 ABSTRACT NO. 1384 (DALLAS COUNTY)
CITY OF WYLIE
\ 51 DALLAS COUNTY, TEXAS
60 30 0 60 120
ISCALE 1" = 60'
\ I
07 July 2020
5/8" IRF Owner/Applicant: Engineer/Surveyor:
Wylie DPV Limited Partnership J. Volk Consulting, Inc. SHEET 1 OF 1
1 I REMAINDER OF WYLIE DPV LIMITED PARTNERSHIP 6206 Lupton Drive
Dallas, TX 75225
830 Central Parkway East, Suite 300
1 DOCUMENT NO.20131029001473050Plano, Texas 75074 J . V L K
I D.R.C.C.T. Phone: 214-673-0575 Phone: 972-201-3100
consulting
\ Contact: Ronald N. Haynes, Jr. Contact: Claudio Segovia, PE 830 Central Parkway East,Suite 300
\ Email: rhaynes@HaynesDevCo.com Email: claudio.segovia@jvolkconsulting.com Plano,Texas 75074
1 972.201.3100 Texas Registration No. F-11962
ANNEXATION SERVICE PLAN AGREEMENT
This SERVICE PLAN AGREEMENT ("Agreement") is made and entered into by and
among the CITY OF WYLIE, TEXAS, a home-rule municipality ("Wylie"), and WYLIE DPV,
LP, a Texas limited partnership("Landowner"). Wylie and Landowner are each referred to herein
as a"party" or collectively as the "parties."
WHEREAS,Landowner is the sole owner of that certain tract of land consisting of 15.880±
acres, situated in the Guadalupe De Los Santos Survey,Abstract No. 1384, Dallas County, Texas,
as more particularly described and depicted in Exhibit A, attached hereto and incorporated herein
for all purposes (the "Property" or"Annexed Area"); and
WHEREAS, pursuant to a Development Agreement (pending annexation) between
Landowner and City("Development Agreement")approved by the City Council on June 23,2020,
Landowner submitted to Wylie a voluntary request for annexation of the Property into the
corporate limits of Wylie pursuant to Subchapter C-3 of Chapter 43 of the Texas Local
Government Code; and
WHEREAS,Landowner acknowledges and agrees that in submitting the voluntary request
for annexation of the Property, Landowner has fully investigated and is aware of the rights, duties
and obligations that will apply to Landowner and its successors and assigns, as owner of the
Property, in the event that the Wylie City Council adopts an ordinance annexing the Property into
the corporate limits of Wylie (the "Annexation Ordinance"); and
WHEREAS,Landowner acknowledges and agrees that Wylie has complied or will comply
with all requirements for the consideration of Landowner' request for annexation of the Property
pursuant to Chapter 43 of the Texas Local Government Code, including holding public hearings
and providing the required public notices regarding the requested annexation; and
WHEREAS, Landowner acknowledges and agrees that the Property is eligible for
annexation in all respects under Texas law; and
WHEREAS, the parties desire to enter into this Agreement pursuant to Section 43.0672 of
the Texas Local Government Code to memorialize their agreement regarding the services Wylie
will provide to the Property provided that the Wylie City Council adopts the Annexation
Ordinance; and
WHEREAS,Landowner acknowledges and agrees that this Agreement fully complies with
Section 43.0672 of the Texas Local Government Code; and
WHEREAS, Wylie has investigated and determined that it would be advantageous and
beneficial to Wylie and its citizens to enter into this Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, in consideration of the covenants and conditions contained in this
Agreement, Wylie and Landowner agree as follows:
Annexation Service Plan Agreement Page 1 of 11
2941380
1. Incorporation of Recitals. The representations, covenants and recitations set forth in the
foregoing recitals of this Agreement are true and correct, are incorporated into the body of
this Agreement and are adopted as findings of Wylie and Landowner.
2. Land Subject to Agreement. The land that is subject to this Agreement is the Property.
Landowner represents that he is the sole owner of the Property.
3. Agreement Conditioned on Annexation. This Agreement and the rights, duties and
obligations herein are subject to and conditioned on the Wylie City Council adopting the
Annexation Ordinance within ninety (90) days after the Effective Date (hereinafter
defined) of this Agreement. In the event that the Wylie City Council does not adopt the
Annexation Ordinance within ninety(90) days after the Effective Date of this Agreement,
this Agreement shall not be effective and neither party shall have any rights, duties or
obligations of any kind under this Agreement. In the event Landowner argues or claims
that a term, condition or provision of this Agreement or the Annexation Ordinance is
invalid, illegal, void, unenforceable or unlawful, then Wylie has the option to terminate
this Agreement, effective immediately.
4. Agreed Service Plan. Subject to the terms and conditions of this Agreement, the parties
agree that Wylie shall furnish or provide for the following municipal services to the
Property after annexation at the following levels and in accordance with the following
schedule:
(a) Police Services.
(i) Patrolling, responses to calls and other routine police services, within the
limits of existing personnel and equipment and in a manner consistent with
the methods of Wylie,will be provided in the Annexed Area on the effective
date of the Annexation Ordinance.
(ii) Upon ultimate development of the Annexed Area, the same level of police
services will be provided to the Annexed Area as are furnished throughout
Wylie at that time.
(b) Fire Services.
(i) Fire protection and emergency ambulance services and equipment, within
the limits of existing personnel and equipment and the limits of available
water and distances from existing fire stations and in a manner consistent
with the methods of Wylie, will be provided to the Annexed Area upon the
effective date of the Annexation Ordinance.
(ii) Upon ultimate development of the Annexed Area,the same level of fire and
emergency ambulance services will be provided to the Annexed Area as are
furnished throughout Wylie at that time.
Annexation Service Plan Agreement Page 2 of 11
2941380
(c) Environmental Health and Code Enforcement Services.
(i) Enforcement of Wylie's environmental health ordinances and regulations,
including but not limited to, weed and brush ordinances, junked and
abandoned vehicle ordinances and animal control ordinances, shall be
provided within the Annexed Area within sixty (60) days of the effective
date of the Annexation Ordinance. Wylie's environmental health
ordinances and regulations will be enforced through the use of existing
personnel.
(ii) Inspection services, including the review of building plans, the issuance of
permits and the inspection of all buildings, plumbing, mechanical and
electrical work to ensure compliance with Wylie's codes, regulations and
ordinances will be provided within sixty (60) days of the effective date of
the Annexation Ordinance. Existing personnel will be used to provide such
services.
(iii) Subject to the Development Agreement, Wylie's zoning, subdivision, sign
and other ordinances shall be enforced in the Annexed Area beginning on
the effective date of the Annexation Ordinance.
(iv) All inspection services furnished by Wylie but not mentioned above will be
provided to the Annexed Area beginning within sixty (60) days of the
effective date of the Annexation Ordinance.
(v) As development and construction commence in the Annexed Area,
sufficient personnel will be provided to furnish the Annexed Area with the
same level of environmental health and code enforcement services as are
furnished throughout Wylie at that time.
(d) Planning and Zoning Services. The planning and zoning jurisdiction of Wylie will
extend to the Annexed Area upon the effective date of the Annexation Ordinance.
Wylie city planning will thereafter encompass the Annexed Area, and it shall be
entitled to consideration for zoning in accordance with Wylie's Zoning Ordinance
and Comprehensive Plan.
(e) Park and Recreation Services.
(i) Inhabitants of the Annexed Area may utilize all existing park and
recreational services, facilities and sites throughout Wylie beginning on the
effective date of the Annexation Ordinance.
(ii) Additional facilities and sites to serve the Annexed Area will be acquired,
developed and maintained at locations and times provided by applicable
plans, policies, programs and decisions of Wylie. The Annexed Area will
Annexation Service Plan Agreement Page 3 of 11
2941380
be included in all future plans for providing parks and recreation services to
Wylie.
(iii) Existing parks, playgrounds, swimming pools and other recreational
facilities within the Annexed Area shall,upon dedication to and acceptance
by Wylie,be maintained and operated by Wylie, but not otherwise.
(f) Solid Waste Collection Services.
(i) Solid waste collection services shall be provided to the Annexed Area in
accordance with Wylie's existing policies, beginning on the effective date
of the Annexation Ordinance.
(ii) As development and construction commence in the Annexed Area and
population density increases in the Annexed Area, solid waste collection
services shall be provided to the Annexed Area in accordance with Wylie's
policies regarding frequency, changes and the like as are existing at that
time.
(g) Streets.
(i) Wylie's existing policies with regard to street maintenance, applicable
throughout Wylie, shall apply to the Annexed Area beginning on the
effective date of the Annexation Ordinance. Unless a street within the
Annexed Area has been constructed or is improved to Wylie's standards
and specifications, such street will not be maintained by Wylie.
Notwithstanding anything to the contrary herein, private streets within the
Annexed Area shall remain private streets after annexation and Wylie and
the Landowner agree that Wylie shall have no obligation to maintain,repair
or improve the private streets or to pay the costs thereof.
(ii) As development, improvement or construction of streets to Wylie's
standards commences within the Annexed Area, the policies of Wylie with
regard to participation in the costs thereof, acceptance upon completion
thereof and maintenance after completion thereof shall apply as such
policies exist at that time.
(iii) The same level of maintenance shall be provided to streets within the
Annexed Area that are accepted by Wylie as is provided to streets
throughout Wylie.
(iv) Street lighting installed on streets improved to Wylie's standards and
specifications shall be maintained by the appropriate franchise holder in
accordance with existing Wylie policies.
Annexation Service Plan Agreement Page 4 of 11
2941380
(h) Water Services.
(i) Connection to existing Wylie water mains for water service for domestic,
commercial and industrial use within the Annexed Area will be provided in
accordance with existing Wylie policies. Upon connection to existing
mains, water will be provided at rates established by Wylie ordinances for
such service throughout Wylie.
(ii) As development and construction commence on the Annexed Area, Wylie
water mains will be extended in accordance with provisions of the
Subdivision Ordinance and other applicable ordinances and regulations in
effect at that time. Wylie's participation in the costs of such extensions
shall be in accordance with the applicable Wylie ordinances and regulations
in effect at that time. Such extensions will be commenced within two and
one-half(2'/2) years from the effective date of the Annexation Ordinance
and substantially completed within four and one-half(4'/2) years after that
date.
(iii) Water mains installed or improved to Wylie's standards which are within
the Annexed Area and are within dedicated easements shall be maintained
by Wylie beginning on the effective date of the Annexation Ordinance.
(iv) Private water lines within the Annexed Area shall be maintained by their
respective owners in accordance with existing policies applicable
throughout Wylie.
(i) Sanitary Sewer Services.
(i) Connections to existing Wylie sanitary sewer mains for sanitary sewer
service in the Annexed Area will be provided in accordance with existing
Wylie policies. Upon connection, sanitary sewer service will be provided at
rates established by Wylie ordinances for such service throughout Wylie.
(ii) Sanitary sewer mains and/or lift stations installed or improved to Wylie's
standards that are located in dedicated easements, are within the Annexed
Area and are connected to Wylie mains will be maintained by Wylie
beginning on the effective date of the Annexation Ordinance.
(iii) As development and construction commence in the Annexed Area, Wylie
sanitary sewer services will be extended in accordance with provisions of
the Subdivision Ordinance and other applicable Wylie ordinances and
regulations in effect at that time. Such extensions will be commenced
within two and one-half (2'/2) years from the effective date of the
Annexation Ordinance and substantially completed within four and one-half
(41/2) years after that date.
Annexation Service Plan Agreement Page 5 of 11
2941380
(j) Miscellaneous.
(i) Any facility or building located within the Annexed Area and utilized by
Wylie in providing services to the Annexed Area will be maintained by
Wylie commencing on the date of use or on the effective date of the
Annexation Ordinance, whichever occurs later.
(ii) General municipal administration and administrative services of Wylie shall
be available to the Annexed Area beginning on the effective date of the
Annexation Ordinance.
(iii) Notwithstanding anything set forth above,this Service Plan does not require
all municipal services be provided as set forth above if different
characteristics of topography, land use and population density are
considered a sufficient basis for providing different levels of service.
5. Default. If Wylie fails to comply with the terms and conditions of this Agreement and
such failure is not cured within a reasonable period of time after Wylie receives written
notice of such failure from Landowner, then Landowner may seek disannexation pursuant
to Section 43.141 of the Texas Local Government Code as its sole and exclusive remedy.
In no event shall Wylie be liable to Landowner or any other owner or inhabitant of the
Annexed Area for any direct, indirect, incidental, special or consequential damages arising
out of this Agreement or for the cost of procurement of substitute services.
6. Covenant Running with the Land. This Agreement shall be a covenant running with the
land and Property and shall be binding on Landowner and Landowner's successors and
assigns.
7. Limitations of Agreement. Wylie ordinances covering property taxes,utility rates,permit
fees, inspection fees, tree mitigation fees, impact fees, development 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 Landowner to Wylie under any ordinance,whether
now existing or in the future arising.
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; by electronic mail, with documentation evidencing the addressee's receipt
thereof; or by delivering the same in person to such party a via hand-delivery service, or
any courier service that provides a return receipt showing the date of actual delivery of
same to the addressee thereof. Notice given in accordance herewith shall be effective upon
receipt at the address of the addressee. For purposes of notification, the addresses of the
parties shall be as follows:
Annexation Service Plan Agreement Page 6 of 11
2941380
If to Wylie, addressed to it at:
City of Wylie
Attn: Chris Hoisted, City Manager
Wylie, Texas 75098
Telephone: (972) 516-6000
Email: chris.holsted@wylietexas.gov
with a copy to:
Abernathy, Roeder, Boyd& Hullett, P.C.
Attention: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544-4044
Email: rpittman@abernathy-law.com
If to Landowner, addressed to him at:
Wylie DPV, LP
ATTN: Ron Haynes
6206 Lupton Drive
Dallas, TX 75225
Telephone: (214) 673-0575
Email: rhaynes@haynesdevco.com
9. Release. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, LANDOWNER HEREBY
RELEASES, WAIVES AND HOLDS HARMLESS WYLIE AND ITS COUNCIL MEMBERS,
OFFICERS,AGENTS,REPRESENTATIVES AND EMPLOYEES FROM ALL DAMAGES,INJURIES,
CLAIMS,OBJECTIONS,LOSSES,DEMANDS,SUITS,JUDGMENTS AND COSTS ARISING OUT OF
OR RELATED TO WYLIE'S ANNEXATION OF THE PROPERTY,WYLIE'S CONSIDERATION OF
ANNEXATION OF THE PROPERTY AND WYLIE'S ADOPTION OF THE ANNEXATION
ORDINANCE. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
10. Vested Rights/Chapter 245 Waiver. This Agreement shall confer no vested rights on the
Property, or any portion thereof. In addition, nothing contained in this Agreement shall
constitute a "permit" as defined in Chapter 245 of the Texas Local Government Code, as
amended, and nothing in this Agreement provides Wylie with fair notice of any project of
Landowner. LANDOWNER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE
TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, AS TO THIS AGREEMENT. THIS
SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
11. Warranties/Representations. All warranties,representations and covenants made by one
party to the other in this Agreement or in any certificate or other instrument delivered by
one party to the other under this Agreement shall be considered to have been relied upon
by the other party and will survive the satisfaction of any fees under this Agreement,
regardless of any investigation made by either party.
Annexation Service Plan Agreement Page 7 of 11
2941380
12. Entire Agreement. This Agreement and the Development Agreement contain the entire
agreement of the parties with respect to the matters contained herein and may not be
modified or terminated except upon the provisions hereof or by the mutual written
agreement of the parties.
13. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation,
validity,performance and enforcement of this Agreement,without regard to conflict of law
principles. This Agreement is performable in Collin County, Texas, and the exclusive
venue for any action arising out of this Agreement shall be a court of appropriate
jurisdiction in Collin County, Texas.
14. Consideration. This Agreement is executed by the parties without coercion or duress and
for substantial consideration, the sufficiency of which is forever confessed.
15. Multiple Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An electronic
mail or facsimile signature will also be deemed to constitute an original if properly
executed and delivered to the other party.
16. Authority to Execute. The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the party for which his or her signature appears,
that there are no other parties or entities required to execute this Agreement in order for the
same to be an authorized and binding agreement on the party for whom the individual is
signing this Agreement and that each individual affixing his or her signature hereto is
authorized to do so, and such authorization is valid and effective on the Effective Date
(hereinafter defined). Landowner acknowledges that each and every owner of the Property
must sign this Agreement in order for the Agreement to take full effect, and Landowner
covenants and agrees to indemnify, hold harmless, and defend Wylie and its Council
members, officers, agents, representatives and employees against any and all claims
asserted by any person claiming an ownership interest in the Property who has not
signed the Agreement that arise in any way from Wylie's reliance on this Agreement.
17. Savings; Severability. In the event that a term, condition or provision of this Agreement
is determined to be invalid,illegal,void,unenforceable or unlawful by a court of competent
jurisdiction,then that term, condition or provision shall be deleted and the remainder of the
Agreement shall remain in full force and effect as if such invalid, illegal, void,
unenforceable or unlawful provision had never been contained in this Agreement.
18. Representations. Each party represents that it has carefully read this Agreement, knows
the contents hereof,has consulted with an attorney of its choice regarding the meaning and
effect hereof and is signing the same solely of its own judgment.
Annexation Service Plan Agreement Page 8 of 11
2941380
19. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Agreement, and the parties do not intend
to create any third party beneficiaries by entering into this Agreement.
20. Immunity. It is expressly understood and agreed that, in the execution and performance
of this Agreement, Wylie has not waived,nor shall be deemed hereby to have waived, any
defense or immunity,including governmental, sovereign and official immunity,that would
otherwise be available to it against claims arising in the exercise of governmental powers
and functions. By entering into this Agreement, the parties do not create any obligations,
express or implied, other than those set forth herein.
21. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by
all parties hereto. The language of all parts of this Agreement shall be construed as a whole
according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing this document.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this
Agreement to be effective when all the parties have signed it. The date this Agreement is signed
by the last party to sign it (as indicated by the date associated with that party's signature below)
will be deemed the effective date of this Agreement("Effective Date").
CITY OF WYLIE, TEXAS,
a home-rule municipality
By:
Chris Hoisted, City Manager
Date:
Attested to by:
Stephanie Storm, City Secretary Wylie DPV LIMITED PARTNERSHIP,
a Texas limited partnership
By: Webb Peak Development Partners LP,
its general partner
By: RNH Development Company,
its general partner
By:
Ronald N. Haynes, Jr.
President
Date:
Annexation Service Plan Agreement Page 9 of 11
2941380
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Chris Hoisted,
known to me to be one of the persons whose names are subscribed to the foregoing instrument; he
acknowledged to me that he is the City Manager and duly authorized representative of the CITY
OF WYLIE, TEXAS, a home-rule municipality, and that he executed the same for the purposes
and consideration therein stated and in the capacity therein stated as the act and deed of the City
of Wylie, Texas.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day
of , 2020.
Notary Public, State of Texas
My Commission Expires:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be one of the persons whose names are subscribed to the
foregoing instrument; she acknowledged to me that she executed the same for the purposes and
consideration therein stated and in the capacity therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day
of ,2020.
Notary Public, State of Texas
My Commission Expires:
Annexation Service Plan Agreement Page 10 of 11
2941380
Exhibit A
BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT
NO. 1384, City of Wylie, Dallas County, Texas and being part of that tract of land described in
Deed to Larry C.Martinez and wife Yvonne Cuellar Martinez,as recorded in Volume 83203,Page
2560, Deed Records, Dallas County, Texas and being all of that tract of land described in Deed to
Johnny N.Martinez and wife,Josephine C.Martinez,as recorded in Document No.200302162386
(Volume 2003013, Page 1499), Deed Records, Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set in the southeast
line of Sachse Road, a variable width right-of-way, for the most westerly northwest corner of said
Johnny N. Martinez and wife, Josephine C. Martinez tract;
THENCE North 45 degrees 26 minutes 14 seconds East, with said southeast line, a distance of
342.41 feet to a 1-inch iron rod found for the common north corner of said Johnny N. Martinez
and wife,Josephine C.Martinez tract and most westerly northwest corner of said Larry C.Martinez
and wife, Yvonne Cuellar Martinez tract;
THENCE South 44 degrees 34 minutes 49 seconds East, leaving said southeast line and with the
common northeast line of said Johnny N. Martinez and wife, Josephine C. Martinez tract and
southwest line of said Larry C. Martinez and wife Yvonne Cuellar Martinez tract, a distance of
623.58 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" set for corner;
THENCE North 36 degrees 55 minutes 02 seconds East, leaving said common line, a distance of
362.93 feet to a 1/2 inch iron rod with a yellow plastic cap stamped"JVC" set in the northeast line
of the above mentioned Larry C. Martinez and wife Yvonne Cuellar Martinez tract for corner;
THENCE South 45 degrees 11 minutes 57 seconds East, with said northeast line, a distance of
439.43 feet to a fence post found for corner;
THENCE South 45 degrees 03 minutes 10 seconds East, continuing with said northeast line, a
distance of 254.14 feet to a fence post found for the southeast corner of said Larry C. Martinez and
wife Yvonne Cuellar Martinez tract;
THENCE South 44 degrees 55 minutes 30 seconds West,passing at a distance of 365.79 feet a 1/2
inch iron rod found for the common south corner of said Larry C. Martinez and wife Yvonne
Cuellar Martinez tract, and most easterly southeast corner of the above mentioned Johnny N.
Martinez and wife,Josephine C. Martinez tract, and continuing in all for a total distance of 732.00
feet to a 5/8 inch iron rod found for the south corner of said Johnny N.Martinez and wife,Josephine
C. Martinez tract;
THENCE North 43 degrees 30 minutes 27 seconds West, a distance of 1,270.11 feet to the POINT
OF BEGINNING and containing 15.880 acres of land, more or less.
Annexation Service Plan Agreement Page 11 of 11
2941380
liAi
1"Nt Wylie City Council
CITY F
1LIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: 3
Department: City Manager (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: July 21,2020 Exhibits: 5
Subject
Consider, and act upon, a request for funding for not-for-profit organizations impacted by COVID-19.
Recommendation
Motion to approve funding for not-for-profit organizations impacted by COVID-19.
Discussion
At its June 9, 2020 meeting, Council directed staff to move forward and allow not-for-profit organizations to submit
applications for funding and to utilize the $301,000 set aside for the Small Business Assistance program. The process
would be in accordance with Ordinance No. 2014-11. In order to use the CARES Act funds, the not-for-profit would
have to show an increased impact from COVID-19.
The following organizations will present their request for consideration:
A. Amazing Grace Food Pantry,whose statement of purpose is to help in the fight against hunger in North Texas
through Christ's love and the generosity of the community. The stated intended use of funds is to demolish the
old house and install new concrete drive and parking, as well as new storage shed. They are requesting$31,000
in assistance and serve 3,064 Wylie residents.
B. Society of Saint Vincent de Paul-St Anthony Conference,whose statement of purpose is to lead women and
men to join together to grow spiritually by offering person-to-person service to those who are needy and
suffering. The stated intended use of funds is exclusively to assist the residents of Wylie with their financial
needs to avoid eviction and shutoffs. They are requesting $20,000 in assistance and 91.5% served are Wylie
residents.
C. Wylie Acting Group,whose statement of purpose is to educate and enrich lives of children and families through
the magic of community theatre. The stated intended use of funds is to cover operating costs during the time they
have been closed or partially closed. They are requesting$20,000 in assistance and serve 200 families in Wylie.
D. First Baptist Church Wylie, whose statement of purpose is feeding vulnerable people in the community from
children to senior adults. The stated intended use of funds is to continue feeding and to bring financial assistance
to families and individuals affected by COVID. They are requesting $200,000 in assistance and serve 1,000
Wylie residents.
Page 1 of 2
Page 2 of 2
E. Wylie Chamber of Commerce,whose statement of purpose is to connect business to business and business to
community in Wylie. The stated intended use of funds is to cover operations. They are requesting $5,000 in
assistance and serve 100 Wylie residents.
1AI CITY OF Not-for-Profit Assistance Application
VI, WYLIE
Organization Information
Applicant Name:*
Karen Ellis
Organization Name:*
Amazing Grace Food Pantry
Organization Address:*
Street Address
1711 Parker Road
Address Line 2
City State/Province/Region
Wylie Collin
Postal I Zip Code Country
75098 US
Email:* Phone:*(?)
karenga amazinggracepantry.org 972-292-7241
Federal Tax ID:*
81-4228493
Organization Operation*
Has the organization been in continuous operation for the last two years?
• Yes
No
Organization Status*
is your organization in good standing with the State of Texas?
• Yes
No
Board of Directors*
Does your organization have an active Board of Directors?
• Yes
No
Services to Wylie citizens*
Does your organization provide necessary services to the citizens of the City?
• Yes
No
Wylie citizens served*
What is the number or percentage of Wylie residents served by your organization?
Wylie residents:3064 people
Purpose and Accomplishments*
Briefly describe the purpose,programs.and accomplishments of the organization.
To help in the fight against hunger in North Texas through Christ's love and the generosity of the community.
Volunteers provide free food to families in need
Governed and Managed*
How is the organization governed and managed?
Board of Directors.all Volunteers
Geographic Service Area*
What is the geographic service area of the organization?
Collin County
Intended Use of Funds*
What is the intended use of the requested donation of public funds?
Old house building-demolition and removal
Concrete drive and parking paving
Storage shed
Benefit to Wylie citizens*
What benefit to the citizens of Wylie(educational,economic,health.etc.)will result from the requested donation of public funds?
1.Old house building-demolition and removal-needed to reduce any potential for rodent infestations and it's a
safety hazard.The house is not aesthetically pleasing due to the disrepair nature and the appearance of the
property would become more pleasing to the eye for those living near and those that pass on a daily basis.
2.Concrete drive and parking paving-By funding the project,the results would be immediately realized by a)
providing additional parking for clients and volunteers,which on a client day is as many as 150 vehicles entering,
parking,and exiting the property in a 4 to 6 hour span;b)The connecting of the concrete drive from the main
building to the garage would immediately allow us to safely move product to and from the main building in a
mechanical transfer process,verses today everything has to be hand carried,so would reduce the potential of
injury from carrying product to and from. Many of our volunteers are Wylie residents.
3.Storage shed:to store yard maintenance equipment and tools to help keep grounds maintained for better curb
appeal in the neighborhood
Evaluate the Use of Funds*
Explain how the organization will evaluate the results of the use of this donation of public funds.
additional parking and efficiency.
Demo and removal of house=$8,000.00
Concrete&Paving=$20,000.00
Storage shed=$3,000.00
Organization Impact
Organization donations,current and anticipated percentage.decline related to COVIO-19 Impacts.
Current percentage decline in donations:* Anticipated percentage decline in donations:*
Less than 5% Less than 5%
° 5-10% a 5-10%
10-25% 10-25%
>25% >25%
What are the impacts to your organization from COVID-19?*
Please check all that apply.
Organization Closure Reduced Hours of Operation
Restricted access to capital to address costs Inability to respond to home delivery
Interrupted supply/deliveries from vendors Increased operating cost
Employee Layoff/furlough - Donations decline
Inability to serve customers Increased customers/services
Other
Briefly describe how your organization has been impacted and how donation funds will assist your
organization.*
Amazing Grace Food Pantry is 100%volunteer. During this Covid19 pandemic,there are fewer volunteers
getting out to assist in our operation.There has been an increase of unemployment-more families in need.
Requested Donation Amount:*
$ 31,000.00
Required Documents
501(c)(3)*
Please upload your organization's 501(c)(3)nonprofit status certification letter.
2019 501 W9.pdf 1.8MB
Liability Insurance*
Please upload your organization's Certificate of Liability Insurance.
State Farm Ins 2020.pdf 631.08KB
Bylaws and Mission Statement*
Please upload your organization's Bylaws and Mission Statement.
AGFP BYLAWS 5.29.16.pdf 143.01KB
AGFP Mission Statement.docx 123.57KB
Board of Directors,Officers,and Staff*
Please upload a list of your organization's Board of Directors.Officers,and Staff.
AGFP Board of Directors contact info.docx 114.36KB
Audited Financial Statement/Budget*
Please upload your organization's Audited Financial Statement and/or Budget for the last two years.
2019 Jan Financial Statement&Budget.pdf 629.06KB
September 2018 End of Fiscal Year Financials.pdf 80.38KB
IRS Form W-9
Please upload a W-9 that has been signed/dated within the previous 12 months if you have one.One will be required before a check can be issued.
2019 501 W9.pdf 1.8MB
Documents that evidence the impact to your organization(an organization loss or a gross revenue decline
beginning March 13,2020).*
ex:a profit and loss statement from the same period last year and a profit and loss statement for this year.invoices.etc.
2019 Jan Financial Statement&Budget.pdf 629.06KB
Acknowledgement
I certify that:
Services and programs are need-based,nondiscriminatory,and provided to the citizens of the City.
No more than 25% of the public funds request may be for salaries; however, under unusual circumstances, exceptions
may be approved by the City Council.
Funding received will not be used for social functions, parties, receptions, fund-raising benefits, refreshments, beverages,
licensing fees of any kind, underwriting, investments, stocks, bonds, or any financial obligation, or interest and/or
depreciation on loans,fines, penalties,or costs of litigation.
Presentations of qualified applicant requests will be made at a City Council meeting,to include a public hearing.
Donations will be based on the benefit to the public and the priorities of community outcomes.
The organization will adhere to general accounting principles as set by law. Continued compliance with these standards is
a criterion for possible future donations. Submission of an end-of-year financial report to the City after the donation is
granted is required as a condition of the receipt of funds.
I understand the City will not accept and/or evaluate incomplete applications. The City may require additional
information/documentation/clarification.
I understand that my organization is not entitled to a donation.
I understand the City will review applications and approve donation funding on a first-come, first-served basis. The City
does not discriminate on the basis of race, color, religion, sex, age, national origin, veteran status, sexual orientation,
gender identity,disability,or any other basis of discrimination prohibited by law.
By submitting an application under the program, the applicant consents to submitting all required or supporting
documentation and information to the City and to the public disclosure of such documentation and information by the City
in response to any request submitted pursuant to the Texas Public Information Act and/or other applicable law.
I certify that the information I have given is truthful and accurate to the best of my ability. Financial information provided
has not been manipulated to exaggerate the financial duress of this organization. I understand that if my organization is
selected to receive funding,the City will have a check ready as soon as possible.
Signature*
The signer must be an authorized agent of the organization.
Date* Time*
7/5/2020 10:18:47 PM
1AI CITY OF Not-for-Profit Assistance Application
VI, WYLIE
Organization Information
Applicant Name:*
Ronni Fetzer
Organization Name:*
Society of St.Vincent de Paul-St.Anthony Conference
Organization Address:*
Street Address
404 N Ballard Ave
Address Line 2
PO Box 1983
City State/Province!Region
Wylie TX
Postal!Zip Code Country
75098 United States of America
Email:* Phone:*(?)
svdp.wylie@gmail.com 214-716-7960
Federal Tax ID:*
75-1630370
Organization Operation*
Has the organization been In continuous operation for the last Iwo years?
• Yes
No
Organization Status*
Is your organization in good standing with the State of Texas?
• Yes
No
Board of Directors*
Does your organization have an active Board of Directors?
• Yes
No
Services to Wylie citizens*
Does your organization provide necessary services to the citizens of the City?
• Yes
No
Wylie citizens served*
What is the number or percentage of Wylie residents served by your organization?
91.5%served are Wylie residents(based on 2020 data)
Purpose and Accomplishments*
Briefly describe the purpose.programs.and accomplishments of the organization.
We assist families in financial distress by paying for essential services such as rent and utilities.The St.Anthony
-Wylie Conference began in 2012 and has provided assistance of over$500,000 on behalf of over 1,500
families in the Wylie area.
Governed and Managed*
How is the organization governed and managed?
The St.Anthony-Wylie Conference has its own set of officers(President,VP,Secretary,and Treasurer),The
disbursement of funds to assist residents is by a consensus of our 23 local members.
Geographic Service Area*
What is the geographic service area of the organization?
Our service area is the parish boundaries of St.Anthony Catholic Church which includes all of Wylie plus a small
portion of Murphy and some of the small adjacent cities north and east of Wylie,such as,Lavon, Nevada,and
Farmersville.
Intended Use of Funds*
What is the intended use of the requested donation of public funds?
The funds would be used exclusively to assist the residents of Wylie with their increased financial needs due to
the Coronavirus pandemic.
Benefit to Wylie citizens*
What benefit to the citizens of Wylie(educational,economic,health,etc.)will result from the requested donation of public funds?
The funds would help avoid evictions and shut off of essential services,such as water and electricity which will
be critical now with the onset of the summer heat.
Evaluate the Use of Funds*
Explain how the organization will evaluate the results of the use of this donation of public funds.
We will maintain a record of each disbursement including the payee,purpose,and who benefited from the
payment.
Organization Impact
Organization donations.current and anticipated percentage,decline related to COVID-19 Impacts.
Current percentage decline in donations:* Anticipated percentage decline in donations:*
Less than 5% Less than 5%
5-10% 5-10%
10-25% o 10-25%
>25% >25%
What are the impacts to your organization from COVID-19?*
Please check all that apply.
Organization Closure Reduced Hours of Operation
Restricted access to capital to address costs Inability to respond to home delivery
Interrupted supply/deliveries from vendors Increased operating cost
Employee Layoff/furlough ,/ Donations decline
Inability to serve customers Increased customers/services
Other
Briefly describe how your organization has been impacted and how donation funds will assist your
organization.*
We receive most of our donations from cyclical collections from our parishioners.Our most recent collection was
to take place in May. However,the Covid pandemic did not allow our parishioners access to this event as the
Church was closed.Our next collection is not scheduled until the end of August.Thus,without a donation from
the City,we will be unable to help the majority of those who will contact us.
Requested Donation Amount:*
$ 20,000.00
Required Documents
501(c)(3)*
Please upload your organization's 501(c)(3)nonprofit status certification letter.
2019-0412 IRS Determination Letter Council 75-1630370.pdf 1.44MB
Liability Insurance*
Please upload your organization's Certificate of Liability Insurance.
1134068 SOC OF SVDP DIOCESAN COUNCIL DALLAS Diocese of
234.26KB
Dallas.pdf
Bylaws and Mission Statement*
Please upload your organization's Bylaws and Mission Statement.
SVDP Bylaws-St Anthony Executed.pdf 13.5MB
SVDP Mission Stmt.pdf 21.72KB
Board of Directors,Officers,and Staff*
Please upload a list of your organization's Board of Directors,Officers,and Staff.
Officers and Staff-SVdP-St Anthony.docx 19.04KB
Audited Financial Statement/Budget*
Please upload your organization's Audited Financial Statement and/or Budget for the last two years.
SVDP Audited Financials Sep18.pdf 605.26KB
IRS Form W-9
Please upload a W-9 that has been signed/dated within the previous 12 months if you have one.One will be required before a check can be issued.
W-9 SVdP Council Rev. 10-2018 signed.pdf 166.27KB
Documents that evidence the impact to your organization(an organization loss or a gross revenue decline
beginning March 13,2020).*
ex:a profit and loss statement from the same period last year and a profit and loss statement for this year,invoices.etc.
Wylie P&L.pdf 33.83KB
Acknowledgement
I certify that:
Services and programs are need-based,nondiscriminatory,and provided to the citizens of the City.
No more than 25% of the public funds request may be for salaries; however, under unusual circumstances, exceptions
may be approved by the City Council.
Funding received will not be used for social functions, parties, receptions,fund-raising benefits, refreshments, beverages,
licensing fees of any kind, underwriting, investments, stocks, bonds, or any financial obligation, or interest and/or
depreciation on loans,fines, penalties,or costs of litigation.
Presentations of qualified applicant requests will be made at a City Council meeting,to include a public hearing.
Donations will be based on the benefit to the public and the priorities of community outcomes.
The organization will adhere to general accounting principles as set by law. Continued compliance with these standards is
a criterion for possible future donations. Submission of an end-of-year financial report to the City after the donation is
granted is required as a condition of the receipt of funds.
I understand the City will not accept and/or evaluate incomplete applications. The City may require additional
information/documentation/clarification.
I understand that my organization is not entitled to a donation.
I understand the City will review applications and approve donation funding on a first-come, first-served basis. The City
does not discriminate on the basis of race, color, religion, sex, age, national origin, veteran status, sexual orientation,
gender identity,disability,or any other basis of discrimination prohibited by law.
By submitting an application under the program, the applicant consents to submitting all required or supporting
documentation and information to the City and to the public disclosure of such documentation and information by the City
in response to any request submitted pursuant to the Texas Public Information Act and/or other applicable law.
I certify that the information I have given is truthful and accurate to the best of my ability. Financial information provided
has not been manipulated to exaggerate the financial duress of this organization. I understand that if my organization is
selected to receive funding,the City will have a check ready as soon as possible.
Signature*
The signer must be a a-nn authorized agent of the organization.
airtard
Date* Time*
7/6/2020 12:46:36 PM
1AI CITY OF Not-for-Profit Assistance Application
VI, WYLIE
Organization Information
Applicant Name:*
Ed Sustala
Organization Name:*
Wylie Acting Group
Organization Address:*
Street Address
205 Industrial Ct.
Address Line 2
#200b
City State/Province/Region
Wylie TX
Postal!Zip Code Country
75048 USA
Email:* Phone:*(?)
ed,sustalatwylieactinggroup.com 214-770-5082
Federal Tax ID:*
27-2086637
Organization Operation*
Has the organization been In continuous operation far the last Iwo years?
• Yes
No
Organization Status*
Is your organization in good standing with the State of Texas?
4. Yes
No
Board of Directors*
Does your organization have an active Board of Directors?
▪ Yes
No
Services to Wylie citizens*
Does your organization provide necessary services to the citizens of the City?
• Yes
No
Wylie citizens served*
What is the number or percentage of Wylie residents served by your organization?
200 Families
Purpose and Accomplishments*
Briefly describe the purpose.programs.and accomplishments of the organization.
Mission:
To educate and enrich the lives of children and families through the magic of community theatre.
History:
In 2010,a community group with a strong desire to create,promote,and support theatre arts opportunities for
the children of Wylie met together and founded Wylie Acting Group for Children.Spearheaded by Del Thatcher,
their purpose was to found a nonprofit children's community theatre group.That first year,it was a kind of magic
to watch volunteers work in partnership to make community theatre happen for the children of Wylie.
In 2015 we debuted our first adult performed production and now consider ourselves a family theatre. Especially
because even the children's productions require many volunteer hours from adults to be successful.
The magic of the first year continues thanks to hardworking community service minded volunteers who give their
time and talents because they believe strongly in the crucial contribution that theatre participation makes in our
communities.
Governed and Managed*
How is the organization governed and managed?
Board of Directors(13 member Team)
All Volunteers,we do not have any paid staff.
Geographic Service Area*
What is the geographic service area of the organization?
Wylie,Sachse and Murphy
Intended Use of Funds*
What is the intended use of the requested donation of public funds?
Cover operating cost during the time we have been closed or partially closed during COVID-19 restrictions
Benefit to Wylie citizens*
What benefit to the citizens of Wylie(educational,economic.health,etc.)will result from the requested donation of public funds?
Wylie Acting Group is free for all participants.We want to continue to provide a no cost experience to educate
children and families in regards to theater arts in our community.
Evaluate the Use of Funds*
Explain how the organization will evaluate the results of the use of this donation of public funds.
Assistance will allow us to keep our theater open and to continue to provide a no cost theater learning
environment to the Wylie and surrounding areas.We maintain a monthly and annual profit and loss statement,
where funds will be earmarked for specific operating cost/use.We are happy to provide a copy as required.
Organization Impact
Organization donations,current and anticipated percentage,decline related to COVID-19 Impacts.
Current percentage decline in donations:* Anticipated percentage decline in donations:*
Less than 5% Less than 5%
5-10% 5-10%
10-25% 10-25%
• >25% o >25%
What are the impacts to your organization from COVID-19?*
Please check all that apply.
Organization Closure = Reduced Hours of Operation
Restricted access to capital to address costs Inability to respond to home delivery
• Interrupted supply/deliveries from vendors Increased operating cost
Employee Layoff/furlough Donations decline
• Inability to serve customers Increased customers/services
Other
Briefly describe how your organization has been impacted and how donation funds will assist your
organization.*
Wylie Acting Group is a community theater.Children and Families participate for free.The theater produce 6-8
productions a year(each production consist of 8 performances).Revenue is realized from ticket sales where we
average 7,500 audience members a year(tickets are$15/seat).Additionally we acquire sponsors for each
production(average$2,000/production in donations).And we have other sponsorship/donation opportunities.
Thus far we have been forced to cancel 1 production and we have postponed two other productions.We are
moving forward with a productions currently,knowing we will have to limit ticket sales to 50%of the auditorium
(or less if Covid-19 cases continue to increase).Covid-19 has impacted our ability to obtain production sponsors
and tickets sales by an estimated$36,000 at this point(3 productions without sponsors$2,000 each(total of
$6,000),the cancelation of a production$15,000 lost ticket sells and two productions with an estimated 50%
audience($15,000 loss due reduced ticket sells).This does not include the loss of smaller donations and
sponsors, nor does it include other ancillary revenue loss.
We had an outstanding 2019,which placed us in a strong position to weather the early impact of Covid-19.But
now we are in a position where we need relief in order to keep the doors open through the end of the year.We
rent our space from Wylie Printing and they have been very gracious with free rent for a month and covering
some other cost.To continue to move forward we are in need of$15,000-$25,000.to clarify$15k if the
reopening and 50%of theater capacity remains in effect. But$25k should a second wave cause a shut down
and we are not allowed to open for performances.Lastly we have placed a spending freeze on all items at the
theater and continue to work as diligently as possible to stretch our cash surplus forward,but our projections are
we will exhaust cash reserves before year end.Given our best guess we are requesting$20,000, but will be
extremely happy with any relief assistance you are able to provide.
A review of our the submitted financial statement indicates the projected 2020 gross revenue will be only 47%
($55,586)of the 2019 gross revenue($117,107).We have been able to cut expenses by$24,986.At a projected
50%reopening we are forecasting a 2020 net loss of$17,257(if we cannot move forward with productions we
could have a net loss as high$38k.
Requested Donation Amount:*
$ 20,000.00
Required Documents
501(c)(3)*
Please upload your organization's 501(c)(3)nonprofit status certification letter.
501c3 Confirmation.pdf 45.31KB
Liability Insurance*
Please upload your organization's Certificate of Liability Insurance.
Wylie Acting Group 2019 Accident Policy.pdf 555.9KB
Wylie Acting Group 2019 GL Policy.pdf 2.97MB
Wylie Acting Group 2019 Property Policy.pdf 1.06MB
Bylaws and Mission Statement*
Please upload your organization's Bylaws and Mission Statement.
WAG Bylaws.pdf 402KB
Board of Directors,Officers,and Staff*
Please upload a list of your organization's Board of Directors.Officers,and Staff.
2020 Board of Directors.docx 235.04KB
Audited Financial Statement/Budget*
Please upload your organization's Audited Financial Statement and/or Budget for the last two years.
WAG-ProfitandLoss-2018.pdf 33.11KB
WAG-ProfitandLoss-2019.pdf 32.71 KB
IRS Form W-9
Please upload a W-9 that has been signed/dated within the previous 12 months if you have one.One will be required before a check can be issued.
WAG Form 990-N 2013 Confirmation-IRS.pdf 71.42KB
Documents that evidence the impact to your organization(an organization loss or a gross revenue decline
beginning March 13,2020).
*
ex:a profit and loss statement from the same period last year and a profit and loss statement for this year,invoices.etc.
2020 WAG P.L Example.JPG 222.07KB
Acknowledgement
I certify that:
Services and programs are need-based,nondiscriminatory,and provided to the citizens of the City.
No more than 25% of the public funds request may be for salaries: however, under unusual circumstances, exceptions
may be approved by the City Council.
Funding received will not be used for social functions, parties, receptions, fund-raising benefits, refreshments, beverages,
licensing fees of any kind, underwriting, investments, stocks, bonds, or any financial obligation, or interest and/or
depreciation on loans,fines, penalties,or costs of litigation.
Presentations of qualified applicant requests will be made at a City Council meeting,to include a public hearing.
Donations will be based on the benefit to the public and the priorities of community outcomes.
The organization will adhere to general accounting principles as set by law. Continued compliance with these standards is
a criterion for possible future donations. Submission of an end-of-year financial report to the City after the donation is
granted is required as a condition of the receipt of funds.
I understand the City will not accept and/or evaluate incomplete applications. The City may require additional
information/documentation/clarification.
I understand that my organization is not entitled to a donation.
I understand the City will review applications and approve donation funding on a first-come, first-served basis. The City
does not discriminate on the basis of race, color, religion, sex, age, national origin, veteran status, sexual orientation,
gender identity,disability,or any other basis of discrimination prohibited by law.
By submitting an application under the program, the applicant consents to submitting all required or supporting
documentation and information to the City and to the public disclosure of such documentation and information by the City
in response to any request submitted pursuant to the Texas Public Information Act and/or other applicable law.
I certify that the information I have given is truthful and accurate to the best of my ability. Financial information provided
has not been manipulated to exaggerate the financial duress of this organization. I understand that if my organization is
selected to receive funding,the City will have a check ready as soon as possible.
Signature*
The signer must be an authorized agent of the organization.
See6e.<</tala
Date* Time*
6/23/2020 11:25:58 AM
1AI CITY OF Not-for-Profit Assistance Application
VI, WYLIE
Organization Information
Applicant Name:*
Jon Bailey
Organization Name:*
First Baptist Church Wylie
Organization Address:*
Street Address
100 North First Street
Address Line 2
City State/Province/Region
Wylie TX
Postal I Zip Code Country
75098 USA
Email:* Phone:*(?)
jon@fbw.church 972-442-2261
Federal Tax ID:*
75-0939923
Organization Operation*
Has the organization been in continuous operation For the last two years?
• Yes
No
Organization Status*
is your organization in good standing with the State of Texas?
• Yes
No
Board of Directors*
Does your organization have an active Board of Directors?
• Yes
No
Services to Wylie citizens*
Does your organization provide necessary services to the citizens of the City?
• Yes
No
Wylie citizens served*
What is the number or percentage of Wylie residents served by your organization?
1000
Purpose and Accomplishments*
Briefly describe the purpose.programs.and accomplishments of the organization.
We have a two-fold purpose:
Feeding vulnerable people in the community from children to senior adults.Since COVID-19 hit,we have been
committed to feeding those in need.We partnered with the WISD to reach those who don't have access to food
since the free and reduced breakfast and lunch program wasn't running and they had no means to get to where
food was being provided.We identified areas of need and started to take meals to those communities.So far we
have provided over 61,000 meals and we're committed to serve the community when there are no more COVID-
19 related needs.We provide each person five lunches per week and we provide 300 family food boxes for the
weekend.
We are also helping members of the community who have been affected by COVID-19 with financial assistance.
There are a lot of members of the community who have lost jobs and income that need help with rent/mortgage
payments,as well as paying utility and medical bills.Our benevolence team guides the person through the
process of accessing the needs, matching those needs to the right resources,and meeting the financial need
when appropriate.
Governed and Managed*
How is the organization governed and managed?
First Baptist Church Wylie is Pastor led and lay served.We have a team of church staff as well as church
members who serve on the food assistance and benevolence teams. See attachment: Board of Directors,
Officers,and staff for more information.
Geographic Service Area*
What is the geographic service area of the organization?
We mainly serve the Wylie community.The food assistance program serves at the following sites:
Southfork Mobile Home Community
Redwood Mobile Home Community
W.A.Allen
Wylie Propane
Glen Knoll Mobile Home Community
Hartman Elementary School
Birmingham Elementary School
Davis Intermediate School
McMillan Junior High School
FBC Wylie Church office(food is available for anyone who come to the church)
Intended Use of Funds*
What is the intended use of the requested donation of public funds?
We plan to use the money for continuing the feeding program.We have seen the needs continue to grow. In
March we averaged about 425 people per week that we were feeding. Now we are feeding over 800 people per
week.
We will also use any received funds to bring financial assistance to families and individuals who have been
affected financially due to COVID-19.
Benefit to Wylie citizens*
What benefit to the citizens of Wylie(educational,economic.health.etc.)will result from the requested donation of public funds?
We see health benefits by providing nutritional meals to children and families on a consistent basis. Providing
meals saves money for the family to be used on other required needs,as well as helping with mental health with
not having to worry about where their next meal is going to come from.We are also providing books to help
children educationally throughout the summer.
With our benevolence program,we see the economic benefit for at risk families who have been affected by
COVID-19.We are able to assist financially as well as giving advice,encouragement,and connecting people to
other resources to help the family.
Evaluate the Use of Funds*
Explain how the organization will evaluate the results of the use of this donation of public funds.
We see success by making sure no one goes hungry and no one loses their home or faces financial hardships
because we were able to do something.
We have a benevolence process to help us manage and evaluate the use of funds. Each person applying
submits an application,then the needs are accessed,and an interview takes place.We are able to see the
financial needs and decide what we can do to help.We use a benevolence program called Charity Tracker to
help us know done for families and track them in the future.Our goal is to make every dollar count and go
directly to the needs of the community.
Organization Impact
Organization donations,current and anticipated percentage,decline related to COVIo-19 Impacts.
Current percentage decline in donations:* Anticipated percentage decline in donations:*
Less than 5% Less than 5%
° 5-10% a 5-10%
10-25% 10-25%
>25% >25%
What are the impacts to your organization from COVID-19?*
Please check all that apply.
Organization Closure Reduced Hours of Operation
Restricted access to capital to address costs Inability to respond to home delivery
Interrupted supply/deliveries from vendors Increased operating cost
Employee Layoff/furlough Donations decline
Inability to serve customers • Increased customers/services
Other
Briefly describe how your organization has been impacted and how donation funds will assist your
organization.*
Since COVID-19,we have seen funds drop by about 8%.We rely completely on donations to run the food and
benevolence programs. Having the funds will assure the food program continues meets the high amount of
needs in the community,and it will enable us to provide financial assistance to families facing hardships and
evictions due to COVID-19.
Requested Donation Amount:*
$ 200,000.00
Required Documents
501(c)(3)*
Please upload your organization's 501(c)(3)nonprofit status certification letter.
IRS Letter.pdf 20.05KB
FORM W-9.pdf 119.56KB
Liability Insurance*
Please upload your organization's Certificate of Liability Insurance.
COI 20.pdf 21.74KB
Bylaws and Mission Statement*
Please upload your organization's Bylaws and Mission Statement.
CONSTITUTION AND BYLAWS.pdf 479.79KB
Board of Directors,Officers,and Staff*
Please upload a list of your organization's Board of Directors,Officers,and Staff.
CORPORATE RESOLUTION APPOINTING OFFICERS AND
81.88KB
TRUSTEES.pdf
Staff Roster 7.2020.pdf 33.51KB
Audited Financial Statement/Budget*
Please upload your organization's Audited Financial Statement and/or Budget for the last two years.
August 31,2019 Annual Report.pdf 735.33KB
May 31,2020 Financial Report.pdf 623.08KB
IRS Form W-9
Please upload a W-9 that has been signed/dated within the previous 12 months if you have one.One will be required before a check can be issued.
FORM W-9.pdf 119.56KB
Documents that evidence the impact to your organization(an organization loss or a gross revenue decline
beginning March 13,2020).*
ex:a profit and loss statement from the same period last year and a profit and loss statement for this year,invoices,etc.
Projected Economic Injury as of 5.31.2020.pdf 186.52KB
Acknowledgement
I certify that:
Services and programs are need-based,nondiscriminatory,and provided to the citizens of the City.
No more than 25% of the public funds request may be for salaries; however, under unusual circumstances, exceptions
may be approved by the City Council.
Funding received will not be used for social functions, parties, receptions, fund-raising benefits, refreshments, beverages,
licensing fees of any kind, underwriting, investments, stocks, bonds, or any financial obligation, or interest and/or
depreciation on loans,fines,penalties,or costs of litigation.
Presentations of qualified applicant requests will be made at a City Council meeting,to include a public hearing.
Donations will be based on the benefit to the public and the priorities of community outcomes.
The organization will adhere to general accounting principles as set by law. Continued compliance with these standards is
a criterion for possible future donations. Submission of an end-of-year financial report to the City after the donation is
granted is required as a condition of the receipt of funds.
I understand the City will not accept and/or evaluate incomplete applications. The City may require additional
information/documentation/clarification.
I understand that my organization is not entitled to a donation.
I understand the City will review applications and approve donation funding on a first-come, first-served basis. The City
does not discriminate on the basis of race, color, religion, sex, age, national origin, veteran status, sexual orientation,
gender identity,disability,or any other basis of discrimination prohibited by law.
By submitting an application under the program, the applicant consents to submitting all required or supporting
documentation and information to the City and to the public disclosure of such documentation and information by the City
in response to any request submitted pursuant to the Texas Public Information Act and/or other applicable law.
I certify that the information I have given is truthful and accurate to the best of my ability. Financial information provided
has not been manipulated to exaggerate the financial duress of this organization. I understand that if my organization is
selected to receive funding,the City will have a check ready as soon as possible.
Signature*
The signer must be an authorized agent of the organization.
ogtailie
Date* Time*
7/9/2020 09:15:17 AM
1AI CITY OF Not-for-Profit Assistance Application
VI, WYLIE
Organization Information
Applicant Name:*
Mike Agnew
Organization Name:*
Wylie Chamber of Commerce
Organization Address:*
Street Address
307 N Ballard St
Address Line 2
City State/Province/Region
Wylie Texas
Postal I Zip Code Country
75098 United States
Email:* Phone:*(?)
magnew@wyliechamber.org 214-632-3499
Federal Tax ID:*
751573789
Organization Operation*
Has the organization been in continuous operation For the last two years?
• Yes
No
Organization Status*
is your organization in good standing with the State of Texas?
• Yes
No
Board of Directors*
Does your organization have an active Board of Directors?
• Yes
No
Services to Wylie citizens*
Does your organization provide necessary services to the citizens of the City?
• Yes
No
Wylie citizens served*
What is the number or percentage of Wylie residents served by your organization?
100
Purpose and Accomplishments*
Briefly describe the purpose.programs,and accomplishments of the organization.
We are a Membership-based business and community organization.Our Mission is to connect business to
business and business to community in Wylie.
Governed and Managed*
How is the organization governed and managed?
Governed by a volunteer Board of Directors
Geographic Service Area*
What is the geographic service area of the organization?
Wylie and surrounding communities
Intended Use of Funds*
What is the intended use of the requested donation of public funds?
Operations
Benefit to Wylie citizens*
What benefit to the citizens of Wylie(educational,economic,health,etc.)will result from the requested donation of public funds?
We would continue to be a conduit of Public information,business education and promotion.
Evaluate the Use of Funds*
Explain how the organization will evaluate the results of the use of this donation of public funds.
Our evaluation of the success of using the funds will include continued program participation by our Chamber
Members and business community at large;additionally our web site will continue to be a resource for the
business community and citizens.
Organization Impact
Organization donations,current and anticipated percentage,decline related to COVID-19 Impacts.
Current percentage decline in donations:* Anticipated percentage decline in donations:*
Less than 5% Less than 5%
5-10% 5-10%
10-25% 10-25%
>25% o >25%
What are the impacts to your organization from COVID-19?*
Please check all that apply.
Organization Closure Reduced Hours of Operation
Restricted access to capital to address costs Inability to respond to home delivery
Interrupted supply/deliveries from vendors Increased operating cost
Employee Layoff/furlough Donations decline
Inability to serve customers Increased customers/services
Other Altering delivery of Chamber Programs
Briefly describe how your organization has been impacted and how donation funds will assist your
organization.*
We have altered the way we present our Programs and Events in an attempt to provide equivalent value to our
Members. However,the virus restrictions have had a substantial impact on our ability to produce normal Events
and Programs,and in turn our normal revenue streams have been severely impacted-nearly 100%
Requested Donation Amount:*
$ 5,000.00
Required Documents
501(c)(3)*
Please upload your organization's 501(c)(3)nonprofit status certification letter.
Original Aol.pdf 160.48KB
Liability Insurance*
Please upload your organization's Certificate of Liability Insurance.
Insurance.pdf 46.93KB
Bylaws and Mission Statement*
Please upload your organization's Bylaws and Mission Statement.
By-Laws Approved 2010 Updated 2016.pdf 435.35KB
Board of Directors,Officers,and Staff*
Please upload a list of your organization's Board of Directors,Officers,and Staff.
Director Info various years to 2020.xls 151.5KB
Audited Financial Statement/Budget*
Please upload your organization's Audited Financial Statement and/or Budget for the last two years.
2018 P&L.pdf 125.09KB
2019 P&L.pdf 124.6KB
IRS Form W-9
Please upload a W-9 that has been signed/dated within the previous 12 months if you have one.One will be required before a check can be issued.
Documents that evidence the impact to your organization(an organization loss or a gross revenue decline
beginning March 13,2020).*
ex:a profit and loss statement from the same period last year and a profit and loss statement for this year,invoices.etc.
2020 half way.pdf 78.18KB
Acknowledgement
I certify that:
Services and programs are need-based,nondiscriminatory,and provided to the citizens of the City.
No more than 25% of the public funds request may be for salaries; however, under unusual circumstances, exceptions
may be approved by the City Council.
Funding received will not be used for social functions, parties, receptions, fund-raising benefits, refreshments, beverages,
licensing fees of any kind, underwriting, investments, stocks, bonds, or any financial obligation, or interest and/or
depreciation on loans,fines, penalties,or costs of litigation.
Presentations of qualified applicant requests will be made at a City Council meeting,to include a public hearing.
Donations will be based on the benefit to the public and the priorities of community outcomes.
The organization will adhere to general accounting principles as set by law.Continued compliance with these standards is
a criterion for possible future donations. Submission of an end-of-year financial report to the City after the donation is
granted is required as a condition of the receipt of funds.
I understand the City will not accept and/or evaluate incomplete applications. The City may require additional
information/documentation/clarification.
I understand that my organization is not entitled to a donation.
I understand the City will review applications and approve donation funding on a first-come, first-served basis. The City
does not discriminate on the basis of race, color, religion, sex, age, national origin, veteran status, sexual orientation,
gender identity,disability,or any other basis of discrimination prohibited by law.
By submitting an application under the program, the applicant consents to submitting all required or supporting
documentation and information to the City and to the public disclosure of such documentation and information by the City
in response to any request submitted pursuant to the Texas Public Information Act and/or other applicable law.
I certify that the information I have given is truthful and accurate to the best of my ability. Financial information provided
has not been manipulated to exaggerate the financial duress of this organization. I understand that if my organization is
selected to receive funding,the City will have a check ready as soon as possible.
Signature*
The signer must be an authorized agent of the organization.
miAr 46d w
Date* Time*
7/15/2020 02:32:54 PM
V', Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28, 2020 Item Number: 4
Department: City Manager (City Secretary's Use Only)
Prepared By: City Secretary Account Code:
Date Prepared: July 20,2020 Exhibits: Ordinances
Subject
Consider, and act upon,Ordinance No. 2020-41 amending Ordinance Nos. 2020-24,2020-25,2020-26,2020-29,2020-31,
2020-35, and 2020-38 Continuing or Renewing the Mayor's Declaration of Local Disaster for a Public Health Emergency
and establishing new orders to help abate the COVID-19 public health crisis.
Recommendation
Motion to approve Ordinance No. 2020-41 amending Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31,
2020-35, and 2020-38 Continuing or Renewing the Mayor's Declaration of Local Disaster for a Public Health Emergency
and establishing new orders to help abate the COVID-19 public health crisis.
Discussion
On March 22, March 27, April 2, April 28, May 12, May 26, and June 9, 2020 the City Council adopted Ordinance Nos.
2020-24, 2020-25,2020-26, 2020-29,2020-31, 2020-35, and 2020-38 which continued the Mayor's Amended Declaration
of Local Disaster for Public Health Emergency to help abate the public health threat resulting from the novel Coronavirus
(COVID-19); providing the consent of the City Council to the continuation of the Declaration until 11:59 p.m. on
September 8,2020.
Page 1 of 1
ORDINANCE NO. 2020-41
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING ORDINANCE NOS. 2020-24, 2020-25, 2020-26, 2020-
29, 2020-31, 2020-35, AND 2020-38 CONTINUING AND EXTENDING THE
MAYOR'S AMENDED DECLARATION OF LOCAL DISASTER FOR
PUBLIC HEALTH EMERGENCY DUE TO THE NOVEL CORONAVIRUS
(COVID-19); PROVIDING THE CONSENT OF THE CITY COUNCIL TO
THE CONTINUATION OF THE DECLARATION UNTIL 11:59 P.M. ON
SEPTEMBER 8, 2020; PRESCRIBING ORDERS TO HELP ABATE THE
PUBLIC HEALTH EMERGENCY; PROVIDING AUTHORITY FOR THE
CITY COUNCIL TO TERMINATE THE DISASTER DECLARATION;
AND PROVIDING AN ENFORCEMENT CLAUSE, SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS,in December 2019, a novel coronavirus,now designated SARS-Co V2 which causes
the disease COVID-19, was detected in Wuhan, China; and
WHEREAS,on March 11,2020,the World Health Organization declared COVID-19 a worldwide
pandemic; and
WHEREAS, COVID-19 spreads between people who are in close contact with one another
through respiratory droplets produced when an infected person coughs or sneezes; and
WHEREAS, the identification of "community spread" cases of COVID-19 in the region could
potentially signal that transmission of the virus may no longer be limited to travel to outbreak areas
or contact with travelers who have visited outbreak areas, and
WHEREAS, the Centers for Disease Control and Prevention (CDC) has advised that person-to-
person contact heightens the risk of COVID-19 transmission; and
WHEREAS, the President's Coronavirus Guidelines for America, as promulgated by President
Donald J. Trump and the CDC on March 16, 2020, call upon Americans to slow the spread of
COVID-19 by avoiding social gatherings in groups of more than 10 people, using drive-thru,
pickup, or delivery options at restaurants and bars, and avoiding visitation at nursing homes,
among other steps; and
WHEREAS,on March 13, 2020, Texas Governor Greg Abbott declared a statewide public health
disaster; and
WHEREAS, on March 16, 2020, Collin County declared a local disaster for public health
emergency and issued an accompanying order; and
Ordinance No. 2020-41 —Amending Ord.Nos.2020-24,25,26,29,31,35 and 38;Extending Declaration of
Disaster
WHEREAS, on March 16, 2020, Mayor Eric Hogue issued a declaration of local disaster for
public health emergency for the City of Wylie for a period of seven(7) days; and
WHEREAS, on March 19, 2020, the Governor issued Executive Order GA 08, mandating the
avoidance of social gatherings in groups of more than 10 people, the avoidance of eating or
drinking at bars, restaurants, and food courts, or visiting gyms or massage parlors, the avoidance
of visiting nursing homes or retirement or long-term care facilities unless to provide critical
assistance, and closing schools throughout the State of Texas for a period of time; and
WHEREAS, on March 19, 2020, Mayor Eric Hogue issued an amended declaration of local
disaster for public health emergency, expanding the original declaration; and
WHEREAS, on March 22, 2020, the City Council adopted Ordinance No. 2020-24, which
continued and extended the Mayor's amended declaration of local disaster for public health
emergency to help abate the public health threat resulting from the COVID-19 pandemic; and
WHEREAS, on March 27, 2020, the City Council adopted Ordinance No. 2020-25, which
amended Section 8 (Enforcement Clause) of Ordinance No. 2020-24; and
WHEREAS, on March 31, 2020, the Governor issued Executive Order No. GA 14 relating to
statewide continuity of essential services and activities during the COVID-19 disaster; and
WHEREAS, on April 2,2020,the City Council adopted Ordinance No. 2020-26,which amended
Ordinance No. 2020-24 and Ordinance No. 2020-25; and
WHEREAS, on April 27, 2020, the Governor issued Executive Order No. GA 18 relating to the
expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the
COVID-19 disaster; and
WHEREAS,on April 28,2020,the City Council adopted Ordinance No.2020-29,which amended
Ordinance No. 2020-24, Ordinance No. 2020-25, and Ordinance No. 2020-26; and
WHEREAS, on May 5, 2020, the Governor issued Executive Order No. GA 21 relating to the
expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the
COVID-19 disaster; and
WHEREAS,on May 12,2020,the City Council adopted Ordinance No. 2020-31,which amended
Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, and Ordinance No.
2020-29; and
WHEREAS, on May 18, 2020, the Governor issued Executive Order No. GA 23 relating to the
expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the
COVID-19 disaster; and
Ordinance No. 2020-41 -Amending Ord.Nos.2020-24,25,26,29,31,35 and 38;Extending Declaration of
Disaster
WHEREAS,on May 26,2020,the City Council adopted Ordinance No. 2020-35,which amended
Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, Ordinance No. 2020-
29, and Ordinance No. 2020-31; and
WHEREAS, on June 3, 2020, the Governor issued Executive Order No. GA 26 relating to the
expanded reopening of Texas in response to the COVID-19 disaster; and
WHEREAS, on June 9, 2020, the City Council adopted Ordinance No. 2020-38, which amended
Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, Ordinance No. 2020-
29, Ordinance No. 2020-31 and Ordinance No. 2020-35; and
WHEREAS, the conditions necessitating declaration of local state of disaster continue to exist
and are anticipated to continue to exist at least until September 8, 2020; and
WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of
widespread illness, which requires emergency action; and
WHEREAS, since June 9, 2020, the City Council and City staff have continued to evaluate the
community spread of COVID-19 and have reviewed updated guidance and orders from the United
States President, the CDC, the Governor of the State of Texas, Collin County Judge, Dallas
County, Rockwall County and others, and the City Council has concluded that it is necessary to
amend Ordinance Nos. 2020-38, 2020-35, 2020-31, 2020-29, 2020-26, 2020-25, and 2020-24 to
extend the duration of the orders and regulations set forth in such Ordinances; and
WHEREAS, the City Council finds that it is in the best interest of the City of Wylie, Texas, and
its citizens to amend Ordinance Nos. 2020-38, 2020-35, 2020-31, 2020-29, 2020-26, 2020-25, and
2020-24 as set forth below to help abate the public health threat and to promote the public health,
safety and welfare.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Wylie, Texas:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2. Pursuant to Section 418.018 of the Government Code, the declaration of local
disaster is hereby continued. Pursuant to Sections 121.003 and 122.006 of the Texas Health and
Safety Code, Section 418.108 of the Texas Government Code, Chapter 81 of the Texas Health and
Safety Code and such other powers the City of Wylie may have under the City Charter and other
laws, the City Council hereby adopts and approves the orders specified in this Ordinance, which
shall apply throughout the City of Wylie and shall be in effect from the date of this Ordinance until
11:59 p.m. on September 8, 2020,provided,however,that the declaration and such orders may be
terminated before the expiration on 11:59 p.m. on September 8, 2020 by subsequent order of the
Ordinance No. 2020-41 -Amending Ord.Nos.2020-24,25,26,29,31,35 and 38;Extending Declaration of
Disaster
City Council, and may be continued or renewed beyond 11:59 p.m. on September 8, 2020 only
with the consent of the City Council of the City of Wylie.
SECTION 3. The City Council hereby finds that while in a state of disaster, there is a public
purpose in maintaining the City workforce and ensuring continuity in staffing while continuing
the City's services but recognizing that certain facilities and/or operations may need to be
temporarily closed or suspended and/or certain personnel may encounter disaster-related events
that prevent them from working at full capacity intermittently during the public health emergency.
The City Council hereby authorizes the City Manager to make any staffing and compensation-
related decisions necessary to adapt to the rapidly changing environment created by the public
health emergency to meet the objectives stated herein and authorizes the expenditure of City funds
to accommodate the same. Any expenditure of funds beyond that approved in the FY 19-20 budget
must come to the City Council for ratification at a City Council meeting, though the expenditure
may be made prior to City Council ratification due to the public health emergency.
SECTION 4. The City Council hereby finds that for the duration of this disaster declaration,
immediate procurement directly related to the disaster may be necessary to preserve and protect
public health and safety. Accordingly, the City Council hereby authorizes the City Manager to
purchase goods or services as necessary for ratification by the City Council at a later date as long
as the procurement is in compliance with state law requirements.
SECTION 5. The City Council hereby finds that a public necessity exists during the duration of
this disaster to determine whether it is difficult for a quorum of the members of decision-making
boards of the City to meet in person based on public health and safety concerns related to the
pandemic. The City Council authorizes any member of Council, staff, and decision-making boards
who is sick, or unable to attend the meeting in person, to conduct their public meetings via
telephone conference pursuant to Texas Government Code Section 551.125(b) and/or the Order of
the Governor of the State of Texas temporarily suspending certain provisions of the Texas Open
Meetings Act, guidance received from the Texas Attorney General's Office and/or other law or
order.
SECTION 6.The City Council hereby authorizes the City Manager to temporarily waive any City
Code regulations that are difficult or impossible to comply with during the term of this declaration
of disaster as long as it is not inconsistent with state law.
SECTION 7.Pursuant to Section 122.006 of the Texas Health and Safety Code,the City of Wylie
is authorized to adopt rules to protect the health of persons in the City of Wylie, including
quarantine rules to protect its residents against communicable disease and provide for the
establishment of quarantine stations, emergency hospitals, and other hospitals.
SECTION 8. The City Council hereby finds and declares that this declaration authorizes the use
of all lawfully available enforcement measures. A failure to comply with the City's Emergency
Ordinance No. 2020-41 —Amending Ord.Nos.2020-24,25,26,29,31,35 and 38;Extending Declaration of
Disaster
Management Plan, or a rule, order or Ordinance adopted under the Plan, including this Ordinance,
is punishable as authorized in Section 418.173 of the Texas Government Code. This Ordinance
incorporates Executive Orders GA 28 and GA 29, as they exist or may be amended, and any other
Executive Orders and Proclamations regarding COVID-19 that are issued by the Governor on or
after the effective date of this Ordinance. In addition, a person who violates any provision of this
declaration, upon conviction, is punishable by a fine of not more than $1,000. A violation of any
provision of this Ordinance shall constitute a separate violation for each calendar day in which it
occurs.
SECTION 9. Pursuant to Section 418.018(c) of the Government Code, the declaration shall be
given prompt and general publicity and shall be filed promptly with the City Secretary.
SECTION 10. Pursuant to Section 418.018(d) of the Government Code, the City of Wylie
Emergency Management Plan shall remain active through the duration of this disaster declaration.
SECTION 11. The City of Wylie will activate the Emergency Operations Center and will operate
on an as needed basis throughout the duration of this Ordinance.
SECTION 12. Grocery stores, supermarkets, warehouse stores, hospitals, and medical facilities
are experiencing high levels of demand for a large number of products, requiring more deliveries
from manufacturers and distribution centers to serve their customers. A number of Texas cities
and local associations have implemented restrictions on delivery hours to stores to mitigate truck
noise and traffic. Due to the need to deliver products as quickly and efficiently as possible during
this critical time frame,this Order hereby suspends all delivery hour restrictions for transport to or
from any entity involved in the selling or distribution of food products, medicine, or medical
supplies in City of Wylie for the next 15 days.
SECTION 13. If someone in a household has tested positive for coronavirus, the household is
ordered to isolate at home. Members of the household shall not go to work, school, or any other
community function.
SECTION 14. All City employees shall remain at home if sick.
SECTION 15. All persons or groups using Parks and Recreation facilities shall follow to the
extent possible the minimum recommended health protocols issued by the Texas Department of
State Health Services that are applicable to such use or activity. These protocols are available at
https://www.dshs.texas.gov/coronavirus/opentexas.aspx.
SECTION 16. The City Council strongly encourages compliance with the following
Recommendations, including social distancing, providing hand sanitizer and tissues, and
increasing cleaning of commonly and frequently touched services. This Ordinance does not
mandate sheltering in place.All critical infrastructure will remain operational,domestic travel will
remain unrestricted, and government entities and businesses will continue providing essential
Ordinance No.2020-41 —Amending Ord.Nos.2020-24,25,26,29,31,35 and 38;Extending Declaration of
Disaster
services. For offices and workplaces that remain open, employees should practice good hygiene
and,where feasible,work from home in order to achieve optimum isolation from COVID-19. The
more that people reduce their public contact, the sooner COVID-19 will be contained and the
sooner this Ordinance will expire.
SECTION 17. The City of Wylie must promptly provide copies of this Ordinance by posting on
the City of Wylie website. If any subsection, sentence, clause, phrase, or word of this Ordinance
or any application of it to any person, structure, gathering, or circumstance is held to be invalid or
unconstitutional by a decision of a court of competent jurisdiction, then such decision will not
affect the validity of the remaining portions or applications of this Ordinance.
SECTION 18. All provisions of the Code of Ordinances of the City of Wylie, codified or
uncodified, in conflict with the provisions of this Ordinance are hereby temporarily superseded by
this Ordinance for the duration of this declaration. 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 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 19.Ordinance Nos.2020-38,2020-35,2020-31,2020-29,2020-26,2020-25 and 2020-
24 shall remain in full force and effect, save and except as amended by this or any other Ordinance.
All provisions of any Ordinance in conflict with this Ordinance are hereby repealed to the extent
they are in conflict, but such repeal shall not abate any pending prosecution for violation of the
repealed Ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the Ordinance. Any remaining portions of said
Ordinances shall remain in full force and effect.
SECTION 20. This Ordinance shall take effect immediately from and after its passage. This
Ordinance shall be effective until 11:59 p.m. on September 8, 2020, or until it is either rescinded,
superseded, or amended pursuant to applicable law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ON THIS THE 28TH DAY OF JULY 2020.
Eric Hogue, Mayor
ATTEST:
Stephanie Storm, City Secretary
Ordinance No. 2020-41 —Amending Ord.Nos.2020-24,25,26,29,31,35 and 38;Extending Declaration of
Disaster
I
fvft Wylie City Council
CITY OFWYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: 5
Department: City Manager (City Secretary's Use Only)
Prepared By: Chris Holsted Account Code: N/A
Date Prepared: July 22, 2020 Exhibits: Ordinance
Subject
Consider, and act upon, Ordinance No. 2020-42 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).
Recommendation
Motion to approve Ordinance No. 2020-42 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).
Discussion
On July 14, 2020, Council held a work session to discuss the final version of the Water and Sewer Rate Study prepared
by NewGen Strategies & Solutions. The study incorporates the Water and Sewer Capital Improvements plan (CIP) for
the next five years,outstanding debt service,the estimated wholesale water rate increases from the North Texas Municipal
Water District, the transfer to the General Fund, and future utility fund staffing needs. This study also incorporated the
cash contribution of$4 million for the Advanced Metering Infrastructure project as well as the $3.3 million that is being
financed over a 10-year period at a 2.1%interest rate.
At Council's request, scenarios were evaluated to better balance revenue recovery between customer classes. As a result,
commercial volumetric wastewater rates were increased from$3.25 per 1,000 gallons to $5.50 per 1,000 gallons. Other
class rates for 2021 will increase 4%for water and 2.75%for wastewater. Years 2022-25 for water will increase 7.25%,
7%, 6%, and 5.85%. Wastewater rates will continue to increase at 2.75%through 2023, followed by a 1.5%increase in
2024 and 2025. This rate model maintains the required 90 days of operating reserve.
ORDINANCE NO. 2020-42
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS,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), SUBSECTION C (SEWAGE COLLECTION AND
TREATMENT RATES); PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION OF THIS ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted a
comprehensive fee schedule ("Comprehensive Fee Schedule") for the City of Wylie, Texas
("Wylie"), which is codified in Appendix C to the Wylie Code of Ordinances, Ordinance No. 2005-
07, as amended("Code of Ordinances"); and
WHEREAS, the City Council has investigated and determined that it would be advantageous
and beneficial to the citizens of Wylie to amend the following provisions of the Comprehensive Fee
Schedule as provided herein: Section I (Water and Sewer Fees), Subsection B (Water Rates),
Subsection C (Sewage Collection and Treatment Rates);.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Appendix C (Wylie Comprehensive Fee Schedule)of the Wylie
Code of Ordinances. Appendix C(Comprehensive Fee Schedule)of the Code of Ordinances is hereby
amended as follows:
"WYLIE COMPREHENSIVE FEE SCHEDULE"
I. WATER AND SEWER FEES
B. Water Rates.
(1) The following monthly water rates shall apply to all domestic residential
customers within the corporate limits of the City of Wylie, Texas. ALL
PRICES ARE FOR 1,000 GALLONS OF METERED WATER.
(a) Monthly minimum charge for first 1,000 gallons of metered
water consumption: $17.28
Ordinance No.2020-42 Amendment to the Wylie Comprehensive Fee Schedule Page 1
(b) Volume charge for all consumption exceeding 1,000 gallons:
1,001 to 10,000 gallons: $5.89
10,001 to 20,000 gallons: $7.63
20,001 to 40,000 gallons: $9.92
Over 40,000 gallons: $12.91
(2) The following monthly water rates shall apply to all domestic commercial
customers, (other than apartments, mobile home parks and other multi-unit
dwellings not individually metered) within the corporate limits of the City of
Wylie, Texas:
(a) Monthly minimum charge for first 1,000 gallons of
metered water consumption: $23.61
(b) Volume charge for all consumption exceeding
1,000 gallons: $6.68
(3) The following water rates shall apply to all domestic apartments,mobile home
parks, and other multi-unit dwellings, not individually metered, within the
corporate limits of the City of Wylie, Texas:
(a) Monthly minimum charge for first 1,000 gallons of
metered water $23.61
(b) Volume charge for all consumption exceeding
1,000 gallons $6.68
(4) The following monthly water rates shall apply to all irrigation meters within
the corporate limits of the City of Wylie, Texas:
(a) Monthly minimum charge for first 1,000 gallons of metered water:
(1) Residential irrigation $17.28
(2) Commercial &Multifamily $23.61
(b) Volume charge for all consumption exceeding 1,000 gallons:
(1) Residential irrigation $8.43
(2) Commercial irrigation $8.43
(5) The monthly water charge for any customers (residential, commercial,
apartment, mobile home park, or other multi-unit dwelling not individually
metered)located outside the corporate limits of the City of Wylie, Texas, shall
be at the rate of one hundred fifteen percent (115%) of the rate charged
customers inside the corporate limits of the City.
(6) Any bulk water customer who desires to withdraw water from a hydrant or
other source not metered and charged directly to them, shall fill out a water
application form and sign the form in the same manner as a regular metered
customer. Bulk water rate charges are to be charged in twenty-five(25) gallon
increments at the same rates as the commercial customers.
Ordinance No.2020-42 Amendment to the Wylie Comprehensive Fee Schedule Page 2
C. Sewage Collection and Treatment Rates.
(1) The following monthly sewage collection and treatment rates shall apply to
all residential customers of the City of Wylie, Texas:
(a) Customers who are 65 years of age or older and have a
homestead exemption on the service address which appears
in the tax records $36.67
(b) Customers who are disabled and have a homestead
exemption on the service address which appears in the tax
records $36.67
(c) All other customers $51.99
(2) The following monthly sewage collection and treatment rates shall apply to all
commercial customers of the City of Wylie, Texas:
(a) Monthly minimum charge first 1,000 gallons of metered
water.. $39.58
(b) Volume charge for all consumption exceeding 1,000
gallons $ 5.50
(3) The following monthly sewage collection and treatment rates shall apply to
each apartment unit, multiple-family unit, or mobile home space and special
areas such as washateria,swimming pools,etc.,where the apartment,multiple-
family development or mobile home park is on a master meter for water
consumption with the City of Wylie, Texas:
(a) Monthly charge $51.99
(4) The monthly sewer charge for any customers (residential, commercial,
apartment, mobile home park, or other multi-unit dwelling not individually
metered)located outside the corporate limits of the City of Wylie, Texas, shall
be at the rate of one hundred fifteen percent (115%) of the rate charged
customers inside the corporate limits of the City.
(5) The monthly water and sewer rate charge for residential and commercial
customers located outside the corporate limits of the City of Wylie, Texas,
shall be at the rate of one hundred fifteen percent (115%) of the rate charged
customers inside the corporate limits of the City.
SECTION 3: Penalty. Any person, firm, corporation or entity that violates this Ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not
exceeding two thousand dollars($2,000.00)if the violation relates to the public health and sanitation,
otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing
day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance
Ordinance No.2020-42 Amendment to the Wylie Comprehensive Fee Schedule Page 3
shall not preclude the Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 4: Savings/Repealing. All provisions of the Code of Ordinances shall remain in
full force and effect, save and except as amended by this or any other ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor
shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to
the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and
effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
The City Council hereby declares that it would have passed this Ordinance, and each section,
subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
passage and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 28th day of July, 2020.
Eric Hogue, Mayor
ATTESTED AND
CORRECTLY RECORDED:
Stephanie Storm, City Secretary
Date to be published in The Wylie News—June 5,2020
Ordinance No.2020-42 Amendment to the Wylie Comprehensive Fee Schedule Page 4
Projected Water Rate Schedule
Current 2021 2022 2023 2024 2025
Residential
Minimum Charge
All $ 16.62 $ 17.28 $ 18.54 $ 19.84 $ 21.03 $ 22.26
Volumetric Charge(per Kgal)
0-1,000 gallons $ - $ - $ - $ - $ - $ -
1,001-10,000 gallons 5.66 5.89 6.31 6.76 7.16 7.58
10,001-20,000 gallons 7.34 7.63 8.19 8.76 9.29 9.83
20,001-40,000 gallons 9.54 9.92 10.64 11.39 12.07 12.77
40,001+gallons 12.41 12.91 13.84 14.81 15.70 16.62
Residential Outside
Minimum Charge
All $ 19.11 $ 19.88 $ 21.32 $ 22.81 $ 24.18 $ 25.59
Volumetric Charge(per Kgal)
0-1,000 gallons $ - $ - $ - $ - $ - $ -
1,001-10,000 gallons 6.51 6.77 7.26 7.77 8.23 8.72
10,001-20,000 gallons 8.44 8.78 9.42 10.07 10.68 11.30
20,001-40,000 gallons 10.97 11.41 12.24 13.09 13.88 14.69
40,001+gallons 14.27 14.84 15.92 17.03 18.05 19.11
Residential Irrigation
Minimum Charge
All $ 16.62 $ 17.28 $ 18.54 $ 19.84 $ 21.03 $ 22.26
Volumetric Charge(per Kgal)
0-1,000 gallons $ - $ - $ - $ - $ - $ -
1,001+gallons 8.11 8.43 9.05 9.68 10.26 10.86
Commercial&Multi-Family
Minimum Charge
All $ 22.70 $ 23.61 $ 25.32 $ 27.09 $ 28.72 $ 30.40
Volumetric Charge(per Kgal)
0-1,000 gallons $ - $ - $ - $ - $ - $ -
1,001+gallons 6.42 6.68 7.16 7.66 8.12 8.60
Commercial&Multi-Family Outside
Minimum Charge
All $ 26.10 $ 27.15 $ 29.12 $ 31.16 $ 33.03 $ 34.96
Volumetric Charge(per Kgal)
0-1,000 gallons $ - $ - $ - $ - $ - $ -
1,001+gallons 7.38 7.68 8.23 8.81 9.34 9.89
Commercial&Multi-Family Irrigation
Minimum Charge
All $ 22.70 $ 23.61 $ 25.32 $ 27.09 $ 28.72 $ 30.40
Volumetric Charge(per Kgal)
0-1,000 gallons $ - $ - $ - $ - $ - $ -
1,001+gallons 8.11 8.43 9.05 9.68 10.26 10.86
Page 1 of 2
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Projected Wastewater Rate Schedule
current 2021 2022 2023 2024 2025
Residential Flat
Flat Charge
All $ 50.60 $ 51.99 $ 53.42 $ 54.89 $ 55.71 $ 56.55
Residential Flat Senior
Flat Charge
All $ 35.69 $ 36.67 $ 37.68 $ 38.72 $ 39.30 $ 39.89
Residential Outside
Flat Charge
All $ 58.19 $ 59.79 $ 61.43 $ 63.12 $ 64.07 $ 65.03
Commercial
Minimum Charge
All $ 38.52 $ 39.58 $ 40.67 $ 41.79 $ 42.41 $ 43.05
Volumetric Charge(per Kgal)
0-1,000 gallons $ - $ - $ - $ - $ - $ -
1,001+gallons 3.25 5.50 5.65 5.81 5.89 5.98
Multi-Family
Flat Charge
All $ 50.60 $ 51.99 $ 53.42 $ 54.89 $ 55.71 $ 56.55
Commercial Outside
Minimum Charge
All $ 44.30 $ 45.52 $ 46.77 $ 48.05 $ 48.77 $ 49.51
Volumetric Charge(per Kgal)
0-1,000 gallons $ - $ - $ - $ - $ - $ -
1,001+gallons 3.74 6.33 6.50 6.68 6.78 6.88
Page 2 of 2
li A,/
V'if Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28,2020 Item Number: WS 1
Department: City Manager (City Secretary's Use Only)
Prepared By: Chris Holsted Account Code: N/A
Date Prepared: July 23,2020 Exhibits:
Subject
Hold a work session to discuss City of Wylie Charter amendments.
Recommendation
N/A
Discussion
Section 26 of the Charter and Chapter 9 of the Texas Local Government Code outline the process for a charter amendment.
The process and possible amendments were discussed at the June 9,2020 meeting. The city attorney's office has identified
eight amendments for consideration. Should council choose to move forward with an amendment,an Ordinance will need
to be considered at the August 11th meeting ordering the election. The estimated cost for advertising is $6,000.
Page 1 of 1
Proposed 2020 Wylie Charter Amendments
Words and punctuation proposed to be added are underlined; words and punctuation
proposed to be deleted are marked with strikethrough.
PROPOSITION NO. 1
Shall Article I, Section 3 of the City Charter be amended to update references to
applicable state law governing the extension of boundaries?
Section 3 — Extension of Boundaries
The boundaries of the City of Wylie, Texas, may be enlarged and
extended by the annexation of additional territory by any of the methods
provided by applicable law in accordance with Vernon's Ann. Civ. St.
art. 970a, as presently written or hereafter amended.
A. Extending Boundaries by Action of the City Council. The City
Council, by ordinance, shall have the power to annex additional
territory adjacent to or contiguous with the City limits, with or
without the consent of the residents and/or the owners of the
territory annexed in accordance with the provisions of Vernon's
Ann. Civ. St. art. 970a.
B. Annexation of Unoccupied Lands on Petition of Owners. The
owner or owners of land contiguous with and adjacent to the City
limits may, by petition in writing to the City Council,request said
land to be annexed. The City Council may grant or refuse the
petition as it sees fit. If the City Council grants the petition, it
shall,by ordinance, annex said land as part of the corporate limits
of the City in accordance with Vernon's Ann. Civ. St. art. 970a.
C. Annexation by Any Other Method Provided by Law. Additional
territory may also be annexed to the City in any manner and by
any procedure now or hereafter provided by law.
D. Annexed Territory to Become Part of City. Upon annexation, the
annexed territory shall become a part of the City, and said land
and its residents and future residents shall be entitled to all the
rights and privileges provided by the City for its citizens, and
3116937 Page 1 of 5
shall be bound by the acts, ordinances, resolutions and
regulations of the City.
PROPOSITION NO. 2
Shall Article II, Section 1 of the City Charter be amended to update the reference to
applicable state law governing the powers of the City?
Section 1 — Powers of the City
The City shall have all powers and rights of self-government and home
rule that exist now or may be granted to municipalities by the
constitution and laws of the State of Texas. These powers and rights,
whether expressed or implied, shall be exercised, administered and
enforced in the interest and welfare of individuals and corporations
residing in or owning property within the boundaries of the City as
prescribed by this Charter, or in such manner as may be provided by
resolution or ordinance of the City Council.
The powers hereby conferred upon the City shall include, but not be
restricted to the powers expressly conferred and permitted by
applicable law Vernon's Ann. Civ. St. art. 1175, as now or hereafter
amended.
PROPOSITION NO. 3
Shall Article III, Section 9 of the City Charter be amended to update the reference
to applicable state law regarding meetings of City Council?
Section 9 — Meetings of City Council.
The City Council shall hold at least one regular meeting each month
and as many additional meetings as it deems necessary to transact the
business of the City. The City Council shall fix, by ordinance, the date
and time of the regular meetings. Special meetings of the City Council
shall be held on the call of the mayor or a majority of the City
Councilmembers.
3116937 Page 2 of 5
All meetings shall be held and notice given in accordance with
applicable law Vernon's Ann. Civ. St. art. 6252 17, as amended. Except
as otherwise authorized by law, all meetings shall be open to the public.
PROPOSITION NO. 4
Shall Article III, Section 12 of the City Charter be amended to conform to state law
regarding public testimony at open meetings of the City Council?
Section 12 — Rules of procedure.
The City Council shall, by ordinance, determine its own rules and order
of business, and the rules shall provide that each member of the public
who desires to address the City Council regarding an item on an agenda
for an open meeting of the City Council to address the City Council
regarding the item at the meeting before or during the City Council's
consideration of the item citizens of the City shall have a reasonable
opportunity to be heard at any meeting with regard to any matter under
consideration. The City Council shall provide for written minutes to be
taken of all meetings, except executive sessions authorized by law, and
such minutes shall be public record and shall be kept and maintained
by the City Secretary. The vote of each Council Member on any matter
shall be recorded in the minutes.
PROPOSITION NO. 5
Shall Article V, Section 2(A) of the City Charter be amended to conform to state law
regarding eligibility to file for an elective office?
Section 2 — Filing For Office; Eligibility to File
A. Candidate Qualifications. Each candidate for an elective office
shall meet the following qualifications:
Shall be a qualified voter of the City.
Shall have resided for at least 12 months preceding the election
within the corporate limits of the City, including territory
annexed prior to the filing deadline.
3116937 Page 3 of 5
Shall not, after notice of any delinquency, be in arrears in the
payment of any taxes or other liabilities due the city. "In arrears"
is defined herein to mean that payment has not been received
within 90 days from the due date.
An incumbent City Councilman seeking reelection must file for
the same place position number currently being served.
No candidate may file in a single election for more than one
office or place position as provided by this Charter.
No employee of the City shall continue in such position after
filing for an elective office provided for in this Charter.
Shall not concurrently hold an elective office with the City other
than the one being filed for.
PROPOSITION NO. 6
Shall Article V, Section 3(C) of the City Charter be amended to conform to state law
regarding early voting ballots?
Section 3 — Official Ballots
C. Early Voting Abscntcc Ballots. Procedures for voting by early
voting absentee ballots shall be consistent with the Texas
Election Code.
PROPOSITION NO. 7
Shall Article VIII, Section 2(D) of the City Charter be amended to update the
reference to applicable state law regarding Board of Adjustment members?
Section 2 — Boards and Commissions Enumerated
3116937 Page 4 of 5
D. Board of Adjustment and Appeals. The City Council shall
appoint a board of adjustment and appeals of five members and
two alternate members who shall serve in accordance with
applicable law Vernon's Ann. Civ. St. art. 1011g. Members of
the board shall be qualified voters of the City and shall be
appointed for two year terms with three members' terms expiring
in even-numbered years and two members' terms expiring in
odd-numbered years. Members of the board shall elect a
chairman each July from their membership and shall meet at the
call of the chairman within 30 days of receipt of written notice
from anyone aggrieved as a result of the refusal of a building
permit or administrative decision by the City building official.
Rules and regulations shall be prescribed for the functioning of
the board consistent with the laws of the State of Texas and the
building codes of the City of Wylie.
PROPOSITION NO. 8
Shall Article XI, Section 26 of the City Charter be amended to update the reference
to applicable state law regarding amendments to the City Charter?
Section 26 —Amendment of Charter
Amendments to this Charter may be framed and submitted to the
qualified voters of the City in the manner provided by applicable law
Vernon's Ann. Civ. St. art. 1174f et seq., as now or hereafter amended.
3116937 Page 5 of 5
IA/
irvit Wylie City Council
CITY OF
WYLIE AGENDA REPORT
Meeting Date: July 28, 2020 Item Number: Work Session 2
Department: City Manager (City Secretary's Use Only)
Prepared By: Chris Hoisted Account Code: N/A
Date Prepared: July 10, 2020 Exhibits:
Subject
Hold a work session to discuss City of Wylie FY20-21 Budget.
Recommendation
N/A
Discussion
Discuss the FY20-21 Budget
Page 1 of 1
--------- - -
Budget Work Session
Fiscal Year 2020- 2021
General Fund Summary
1 Cent Below No
1/2 Cent Below No New Revenue
New Revenue Rate c) Rate
Audited General Fund Unassigned Ending Balance 09/30/19 $ 16,509,743
Audited General Fund Assigned Ending Balance on 09/30/19 $ 2,900,000
Projected '20 Revenues 44,409,430
Available Funds 63,819,173
Projected '20 Expenditures (46,310,606)
Estimated Ending Fund Balance 09/30/20 $ 17,508,567
Estimated Beginning Fund Balance - 10/01/20 $ 17,508,567 $ 17,508,567 $ 17,508,567
Proposed Revenues '21 45,929,282 a) 45,686,241 45,443,200
Proposed Expenditures '21 (42,402,742) b) (42,402,742) (42,402,742)
Recommended Requests (Recurring Expense) (914,512) (914,512) (914,512)
New/Replacement Fleet & Equipment & One Time Uses (1,283,108) (1,283,108) (1,283,108)
Additional Funds Available for Allocation (1,328,920) (1,085,879) (842,838)
Estimated Ending Fund Balance 09/30/21 $ 17,508,567 $ 17,508,567 $ 17,508,567
a) Includes revised Sales Tax Projections
b) Includes Public Safety Step Increase and 2% Merit Increase
c) Average home value of $277,000 - 1/2 cent = $13.85 and 1 cent = $27.70 2
General Fund
Projected Revenues over Expenditures
FY 2020-2021
Revenue $ 45,929,282
Less Proposed Expenditures $ (42,402,742)
$ 3,526,540
Total recommended ELS requests $ (2,197,620)
Excess Revenue over Exp. plus recommended ELS $ 1,328,920
1 cent below no new revenue rate $ (486,082)
1/2 cent below no new revenue rate $ (243,041)
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General Fund Estimated Balance
FY 2020-2021
Est. 09/30/2021 Fund Balance $ 17,508,567 (a)
25% 30%
Amount required based on FY 2021 balanced budget $ 11,482,321 (b) $ 13,778,785
Excess Fund Balance $ 6,026,247 $ 3,729,782
(a) Based on balanced budget (Revenues = Expenditures). This Fund Balance is 38.1% of expenditures.
(b) 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. Bond rating agencies
prefer 30%.
UtilityFund Summary
Audited Utility Fund Ending Balance 09/30/19 $ 13,861,945
Projected '20 Revenues 20,481,808
Available Funds 34,343,753
Projected '20 Expenses (22,128,659)
Estimated Ending Fund Balance 09/30/20 $ 12,215,094
Estimated Beginning Fund Balance - 10/01/20 $ 12,215,094
Proposed Revenues '21 23,972,619 a)
Proposed Expenses '21 (20,313,598)
Recommended Requests (Recurring Expense) (164,499)
New/Replacement Fleet & Equipment & One Time Uses (2,266,322)
Estimated Ending Fund Balance 09/30/21 $ 13,443,294 b)
a) Assumes 4% water rate increase and 2.75% sewer rate increase per the 2020 rate study.
b) Policy requirement is 90 days of operating expenditures. This Ending Fund Balance is 216 days.
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4B Sales Tax Fund Summary
Audited 4B Sales Tax Revenue Fund Ending Balance 09/30/19 $ 3,087,668
Projected '20 Revenues 3,868,898
Available Funds 6,956,566
Projected '20 Expenditures (3,989,327)
Estimated Ending Fund Balance 09/30/20 $ 2,967,239
Estimated Beginning Fund Balance - 10/01/20 $ 2,967,239
Proposed Revenues '21 3,527,187
Proposed Expenditures '21 (3,191,163)
Recommended Requests (Recurring Expense) (2,354) a)
Estimated Ending Fund Balance 09/30/21 $ 3,300,909 b)
a) Recommended request for Building Attendant reclassification in WRC.
b) Policy requirement is 25% of budgeted sales tax revenue ($2,968,437 x 25% = $742,109).
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WEDC Fund Summary
Audited Wylie Economic Development Corp Ending Balance 09/30/19 $ 769,596
Projected '20 Revenues 4,783,137
Available Funds 5,552,733
Projected '20 Expenditures (4,145,225)
Estimated Ending Fund Balance 09/30/20 $ 1,407,508
Estimated Beginning Fund Balance - 10/01/20 $ 1,407,508
Proposed Revenues '21 3,292,177
Proposed Expenditures '21 (3,533,155)
Estimated Ending Fund Balance 09/30/21 $ 1,166,530
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Carr Forward Items from FY 2019-20
Fund Dept. Account Number Description Amount Fund Dept. Account Number Description Amount
100 City Secretary 100-5113-56040 Codification of Ordinances 8,700 121 Parks A&I 121-5623-58150 Avalon Fence Project 115,000
100 Facilities 100-5132-58510 3/4 Ton Pickup 30,000 161 Hotel Occ 161-5651-58570 Brown House Phase 1 Design Services 25,000
161 Hotel Occ 161-5651-58150 Brown House Phase 1 Construction 125,000
100 HR 100-5153-56040 Compensation Study 50,000 161 Hotel Occ 161-5651-58150 Old City Park Marquis sign 70,200
TOTAL HOTEL OCCUPANCY FUND 220,200
100 IT 100-5155-52130 EC Alarm Monitoring Upgrade 85,318
100 IT 100-5155-52130 Ipads for Building Inspections and Code 4,000 611 Utility Admin 611-5711-54810 EnerGov Software 150,300
100 IT 100-5155-54810 EC Alarm Monitoring Upgrade 1,680 611 Utility Admin 611-5711-58570 Woodbridge/Hensley Signal Design 15,633
100 IT 100-5155-54810 Incode 10 Upgrade 87,670 611 Water 611-5712-58510 3/4 Ton Pickup(Unit 280 replacement) 32,000
100 IT 100-5155-54810 EnerGov Software 225,450 611 Water 611-5712-58510 3/4 Ton Pickup(Unit 260 replacement) 32,000
611 Water 611-5712-58510 1 Ton Utility Truck(Unit 123 Cargo Van Repl) 45,000
100 Streets 100-5411-56570 Stormwater Permit Assistance 903 611 Water 611-5712-52130 Safety Lights for new vehicles 5,775
100 Streets 100-5411-56040 Rowlett Creek Dam Site 4 Slope Imp 110,000 611 Water 611-5712-58570 Pump Station Backup Power Generators 130,370
100 Streets 100-5411-56570 Citywide Pavement Assessment 99,390 611 Water 611-5712-58310 Pump Station Backup Power Generators 471,000
611 Water 611-5712-56570 FM 2514 Waterline Relocation Design 50,666
100 Library 100-5551-54910 Controller Badge Access 12,000 611 Water 611-5712-58570 2nd Street Waterline Rehab 7,500
TOTAL GENERAL FUND 715,111 611 Wastewater 611-5714-56570 WW Treatment Plan Decommissioning Design 100,000
TOTAL UTILITY FUND 1,040,244
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