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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. Purchase and Sale Agreement Page 1 2987156 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 Purchase and Sale Agreement Page 2 2987156 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 Purchase and Sale Agreement Page 3 2987156 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 Purchase and Sale Agreement Page 4 2987156 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 2987156 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: Purchase and Sale Agreement Page 6 2987156 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. Purchase and Sale Agreement Page 7 2987156 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 Purchase and Sale Agreement Page 8 2987156 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 2987156 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 Purchase and Sale Agreement Page 10 2987156 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 Purchase and Sale Agreement Page 11 2987156 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 2987156 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 Purchase and Sale Agreement Page 14 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" DEPICTION szxal'6iono0 o!po0 'ALf1d3O 6 k. pY.�-AB 'I I oc oc a'aD RrvnoJ`S3NNVIS K373H i • 61'U - i� AO AV I'r- O30NOJ3VAiH0 .1 10;'.\ 1*. 61'O'V wsrza.,q ...,AOAVOL/ON N U OJ3O4arnA I ` i 'V�om- _ _, _ i. ....--",_,-P1 me+ /, - /_�� 60,0'/NGREss e E.G REss EASEMENT ..- 'I Lam... ' .!/ ' \ 17:7-/R ' flub, TACK J b 3 p.22"�O AcQ ES 37 c ' :". N 1 A So m yo S$' Rr i...,,h .$ '. a �0 bs, 8 cM&Qe'r — • � _- \ co -/R' a EPsp,ar �—'-o - J -- N o NI -o a` - ' - - z -Oa ���� " W/LL:1, SAcHSE�0�� \it.'‘ o SURVEAgST. 835 -' - - 1� S /"=¢O' 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: 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 (4'/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 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. 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 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: 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 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 I I1 • // ti� �/\ -qs��•Q�� Cl Curve No. c.o ��Q� v �/ON°R �F` �)`e I \ O� }',� 2 <CM> Control Monument 3 spa Ft • / •AGM B UY\ JOHNNY N MARTINEZ AND �TJ �� / / DE Drainage Easement }`'� ,o ZONING SIGN LOCATION / \ ` \\ JOSEPHINE C MARTINEZ \ '9C+ Esmt Easement Qom`` / \ PP DOCUMENT NO.201400170215 �", �`�� / \ + / L1 Line No. Se- 0 s \ \ 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 a C I TY(IF' ■ Hwgn.y w.v pud,EniWucnq w.ra•ry Plwrvmq wn.Wwx 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) ________ _ 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. — ______,-------------- 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). _ ______ 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 i ____--- 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 8