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08-25-2020 (City Council) Agenda Packet IAI IN Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda August 25, 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. August 25,2020 Wylie City Council Regular Meeting Agenda Page 2 of 6 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 August 11,2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon,a preliminary plat for Brakes Plus Wylie,establishing two commercial lots on 6.024 acres,generally located at the northwest corner of FM 544 and Westgate Way. (J. Haskins, Planning Manager) C. Consider, and act upon, a Preliminary Plat for Kreymer East Phase 2, establishing 144 residential and one open space lots on 43.089 acres, generally located on WA Allen Blvd. and Glen Eagle Drive. (J. Haskins, Planning Manager) D. Consider, and act upon, a Final Plat for Brown and Burns Addition,being a replat of Lots 38A and 38B,Block 7,establishing one residential lot on 0.45 acres,located at 307 N.Jackson Avenue. (J. Haskins, Planning Manager) E. Consider, and act upon, a Final Plat for Aldi Wylie Addition, being a replat of Lot 2 Block A, establishing two commercial lots on 2.1891 acres,located at 3461 FM 544. (J. Haskins, Planning Manager) F. Consider, and act upon, Ordinance No. 2020-43 to a change of zoning from Single Family 10- District (SF-10/24) to Planned Development (PD), to allow for a mixed-use townhome community on 6.55 acres, generally located at the northeast corner of Brown St. and Sanden Blvd. (ZC 2020-06) (J. Haskins, Planning Manager) G. Consider, and act upon, Resolution No. 2020-44(R) of the City Council of the City of Wylie, Texas adopting the Texas Coalition of Affordable Power, Inc. (TCAP) professional services agreement and the Commercial Electrical Service Agreement(CESA)for power to be provided on and after January 1,2023. (B. Parker,Asst. City Manager) H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of July 31,2020. (J. Greiner, WEDC Director) I. Consider, and act upon, Resolution No. 2020-45(R) of the City Council of the City of Wylie, Texas, authorizing the City Manager of the City of Wylie,Texas,or His Designee,to execute an Interlocal Agreement between the Wylie Northeast Special Utility District and the City of Wylie to provide for the operation and maintenance of Fixed Base Meter Reading Antennas, and to take any and all other actions necessary to effectuate the same; and providing for an effective date hereof. (T. Porter, Public Works Director) J. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for July 31,2020 (M. Beard, Finance Director) K. Consider, and place on file,the City of Wylie Monthly Investment Report for July 31,2020 (M. Beard, Finance Director) August 25,2020 Wylie City Council Regular Meeting Agenda Page 3 of 6 L. Consider, and act upon,Resolution No. 2020-46(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Rockwall County, Texas for Fire Protection and EMS Services. (B. Blythe, Fire Chief) M. Consider, and act upon,Resolution No. 2020-47(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Town of St.Paul,Texas for Fire Protection and EMS Services in accordance with St.Paul Resolution#20-7-13. (B. Blythe, Fire Chief) N. Consider,and act upon,the award of a professional services project order(PSPO)#W2020-94- E for the Wylie Wastewater Treatment Plant Decommission to Freese and Nichols,Inc. in the amount of$56,840.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) O. Consider,and act upon,the award of a professional services project order(PSPO)#W2020-51- E for Eubanks Road Widening Right of Way Services to Halff Associates,Inc.in the amount of $53,000.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) P. Consider, and act upon, the approval of the purchase of Cummins® Generators (W2020-92-I) from Cummins Southern Plains, LLC in the amount of $57,910.00 through a cooperative purchasing contract with Sourcewell and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) Q. Consider, and act upon, Resolution No. 2020-48(R) approving the adoption of ExpressVote Universal Voting System, EVS 6.0.2.0, that was approved by the Rockwall County Commissioner's Courts for use by all entities who contract elections through Rockwall County. (S. Storm, City Secretary) REGULAR AGENDA 1. Consider, and act upon, authorizing the City Manager to sign a Development Agreement, between the City of Wylie and Stone Street Properties regarding the use of building materials for property located at 7940 E Parker Road. (J. Haskins, Planning Manager) Executive Summary The applicant and associated property owners have requested to enter into a Development Agreement with the City of Wylie prior to the potential rezoning of property located at 7940 E Parker Road.The zoning case,2020- 07,is on this agenda for consideration. 2. Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural District (AG/30) to Commercial Corridor (CC), to allow for commercial uses on 1.364 acres located at 7940 E Parker Road. (ZC2020-07) (J. Haskins, Planning Manager) Executive Summary The applicant is requesting to rezone 1.364 acres located on Parker Road approximately 250' east from the intersection with Elaine Drive. 3. Hold a Public Hearing,consider,and act upon,Ordinance No.2020-44 adopting a budget for all city funds, including the Wylie Economic Development Corporation (4A) and the Wylie Parks and Recreation Facilities Development Corporation(4B)and appropriating resources for Fiscal Year 2020-2021 beginning October 1, 2020 and ending September 30, 2021. (M. Beard, Finance Director) August 25,2020 Wylie City Council Regular Meeting Agenda Page 4 of 6 Executive Summary The tax rate proposed for the FY 2020-2021 budget is .671979 per $100 assessed valuation which is one cent below the No New Revenue Rate. The Fund Summary included shows appropriable funds of$107,175,115 which represents all operating funds, debt service funds and capital funds. This total also includes the budgets for the Wylie Economic Development Corporation(4A)and the Wylie Parks and Recreation Facilities Development Corporation(4B). 4. Consider, and act upon, approving the property tax revenue increase reflected in the budget. (M. Beard, Finance Director) Executive Summary The tax rate needed to support the newly adopted FY 2020-2021 Budget is.671979 per$100 assessed valuation. This tax rate is one cent below the No New Revenue Tax Rate and represents a decrease of$.016475 (1.6475 cents) from the tax rate of FY 2019-2020. This agenda item is required by state law because there will be an increase in the TOTAL TAX REVENUE the City receives due to new property that was added to the tax roll and an increase in the total property assessed valuation. Section 102.007 of Texas Local Government Code and passage of HB 3195 requires the governing body to hold a separate vote to ratify the increase in property tax revenue that is reflected in the budget. 5. Hold a Public Hearing on the proposed tax rate of$0.671979 per $100 assessed valuation for fiscal year 2020-2021 and provide all interested persons an opportunity to be heard, either for or against the tax rate. (M. Beard, Finance Director) Executive Summary All interested persons shall be given an opportunity to be heard,either for or against the proposed tax rate. After the public hearing,Council will need to approve the M&O tax rate and the I&S tax rate separately,adopting the Ordinance that will fix the property tax rate/levy of$0.671979 per$100 assessed valuation for the fiscal year 2020-2021. 6. Consider, and act upon,Ordinance No.2020-45 fixing the M&O tax rate/levy for the Tax Year 2020 and Budget Year 2020-2021 at $0.512180 per$100 assessed valuation. (M. Beard, Finance Director) Executive Summary The tax rate needed to fund the FY 2020-2021 budget is$0.671979 per$100 of assessed valuation. The tax rate has two components: $0.512180 per$100 valuation is allocated for operations and maintenance and$0.159799 per $100 valuation is allocated to fund the General Debt Service Fund. Texas Property Tax Code Section 26.05(a)(1) requires that each of these components be approved separately. The proposed M&O rate of $0.512180 will generate a General Fund levy of$26,932,239. 7. Consider, and act upon, Ordinance No. 2020-45 fixing the I&S tax rate/levy for the Tax Year 2020 and Budget Year 2020-2021 at $0.159799 per$100 assessed valuation. (M. Beard, Finance Director) Executive Summary The tax rate needed to fund the FY 2020-2021 budget is$0.671979 per$100 of assessed valuation.The tax rate has two components: $0.512180 per$100 valuation is allocated for operations and maintenance and$0.159799 per$100 valuation is allocated to the General Debt Service Fund. Texas Property Tax Code Section 26.05(a)(1) requires that each of these components be approved separately. The proposed I&S rate of $0.159799 will generate a debt service levy of$8,417,673. August 25,2020 Wylie City Council Regular Meeting Agenda Page 5 of 6 RECESS CITY COUNCIL CALL TO ORDER THE WYLIE PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION (4B) 1.(4B) Consider,and act upon,approval of the Minutes from the September 10,2019 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (S. Storm, City Secretary) 2.(4B) Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2021 and ending December 31,2022. (S. Storm, City Secretary) 3.(4B) Consider,and act upon,approval of the FY 2020-2021 4B Budget and authorize expenditures for the FY 2020-2021 Community Services Facilities Capital Improvement Plan. (M. Beard, Finance Director) ADJOURN 4B BOARD RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL 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. 551.087.DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate,stay,or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). • Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects 2018-9b,2018-1Oc, 2020-4a and 2020-7a. August 25,2020 Wylie City Council Regular Meeting Agenda Page 6 of 6 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. • Consider the sale or acquisition of properties located at: Cooper & FM 544; Sanden & FM 544: and State Highway 78&Brown. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. WORK SESSION • Discuss future development of the Brown and Stonehaven Houses. (R. Diaz, Parks & Recreation Director) • Discussion Regarding Project Update on the Intersection Improvements to FM 544 and Country Club Road. (T. Porter, Public Works Director) RECONVENE INTO REGULAR SESSION READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certibi that this Notice of Meeting was posted on August 21,2020 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. This agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed 1AI fN Wylie City Council CITY OF WYLIE Minutes Regular Meeting August 11, 2020—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Mayor pro tern Jeff Forrester 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, Councilwoman Candy Arrington, Councilman Timothy T. Wallis and Councilman David Dahl. Mayor Eric Hogue 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; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Public Works Director Tim Porter;Building Official Bret McCullough;Municipal Court Supervisor Lisa Davis; City Attorney Victor Cristales; City Secretary Stephanie Storm, and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Pastor Raymond Perry led the invocation and Mayor pro tern Forrester led the Pledge of Allegiance. PRESENTATIONS • Proclamation—Black Owned Business Month Mayor pro tern Forrester read a proclamation declaring the month of August 2020 as Black Owned Business Month in the City of Wylie. Mary Harris, Latonya and Damian Johnson, Tamara Herndon, and Michael Bowen were present to accept the proclamation. 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. Minutes August 11,2020 Wylie City Council Page 1 A. Consider, and act upon, approval of the Minutes of July 28, 2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, the award of RFP #W2020-85-A for Professional Auditing Services to Weaver and Tidwell,L.L.P. in the estimated annual amount of$65,500, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) C. Consider, and act upon, a request for substantial renovations in accordance with Ordinance No. 2013-17 for the remodel of an existing residential structure, located at 308 W. Oak Street, Lot 6, Block 9 of the Keller's #2 Addition within the Downtown Historic District. (R. 011ie, Asst. City Manager) D. Consider, and act upon, a request for substantial renovations in accordance with Ordinance No. 2013-17 to construct a ramp on the north side of an existing residential structure for the purpose of enhancing accessibility, located at 301 N.Ballard Street(Brown House), within the Downtown Historic District. (R. Diaz, Parks &Recreation Director) E. Consider,and act upon,Resolution No.2020-35(R)of the City Council of the City Of Wylie,Collin, Dallas and Rockwall Counties, Texas, amending Resolution No. 2020-06(R), which ordered a General Election to be held on May 2,2020,for the purpose of electing the positions of Mayor and two Council Members (Place 5 and Place 6) of the Wylie City Council, to hold office for a period of three years, and amending Resolution No. 2020-22(R); providing that the election is to be held on November 3, 2020; designating locations of polling places, dates and hours; making other necessary amendments; providing a repealing clause. (S. Storm, City Secretary) F. Consider,and act upon,Resolution No.2020-36(R)of the City Council of the City of Wylie,Collin, Dallas and Rockwall counties, Texas, amending Resolution No. 2020-10(R), which ordered a Special Election to be held on May 2,2020,for the purpose of filling a vacancy in the office of City Council, Place No. 2, resulting from the resignation of council member Matthew Porter, and amending Resolution No. 2020-22(R); providing that the election is to be held on November 3, 2020; designating locations of polling places, dates and hours; making other necessary amendments; providing a repealing clause. (S. Storm, City Secretary) G. Consider,and act upon,Resolution No.2020-37(R)of the City Council of the City of Wylie,Collin, Dallas and Rockwall counties, Texas, ordering a Special Election to be held on November 3,2020, for the purpose of submitting to the qualified voters of the city of Wylie certain proposed amendments to the existing Home Rule Charter of the city of Wylie, in conjunction with the city of Wylie General Election and Special Election to fill a vacancy on November 3, 2020. (S. Storm, City Secretary) H. Consider, and act upon, Resolution No. 2020-38(R) authorizing the City Manager to execute a Joint General and Special Election Services Contract between the City of Wylie and the Collin County Elections Administrator to be administered by the Collin County Elections Administrator for the November 3, 2020 Wylie General and Special Elections. (S. Storm, City Secretary) I. Consider, and act upon, Resolution No. 2020-39(R) authorizing the City Manager to execute a Joint General and Special Election Services Contract between the City of Wylie and the Dallas County Elections Administrator to be administered by the Dallas County Elections Administrator for the November 3, 2020 Wylie General and Special Elections. (S. Storm, City Secretary) J. Consider, and act upon, Resolution No. 2020-40(R) authorizing the City Manager to execute a Joint General and Special Election Services Contract between the City of Wylie and the Rockwall County Elections Administrator to be administered by the Rockwall County Elections Minutes August 11,2020 Wylie City Council Page 2 Administrator for the November 3, 2020 Wylie General and Special Elections. (S. Storm, City Secretary) K. Consider,and act upon,Resolution No.2020-41(R)of the City Council of the City of Wylie,Collin, Dallas and Rockwall Counties, Texas, repealing Resolution Nos. 2020-07(R) and 2020-11(R), which appointed Election Officials for the General Election and Special Election on May 2, 2020. (S. Storm, City Secretary) L. Consider, and act upon, Resolution No. 2020-42(R) approving the adoption of ExpressVote Universal Voting System, EVS 6.0.2.0, that was approved by the Dallas County Commissioner's Courts for use by all entities who contract elections through Dallas County. (S. Storm, City Secretary) Councilman Porter requested Agenda Item B be pulled from Consent and considered individually. The consensus of Council was to consider Item B individually. Council Action A motion was made by Councilman Porter,seconded by Councilman Duke,to approve Consent Agenda Items A, and C through L as presented. A vote was taken and motion passed 6-0 with Mayor Hogue absent. B. Consider, and act upon, the award of RFP #W2020-85-A for Professional Auditing Services to Weaver and Tidwell,L.L.P.in the estimated annual amount of$65,500,and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) Council Comments Councilman Porter and Councilwoman Arrington expressed concerns with utilizing the same firm for the audit for the last 11 years and to continue doing service with them for an additional five years. Staff Comments Purchasing Manager Hayes addressed Council explaining the professional services proposal process, the procurement process, and gave additional information about the evaluation team for this item. Hayes stated the City received three responses, and the evaluation team reviewed and scored each response based on the published criteria of experience, client work history, staff qualifications, and audit approach to establish a technical score and ranking for each firm. Cost is then factored into the final score to determine the most qualified firm. Finance Director Beard stated three responses were received; however, only two met the qualifications. Beard stated that the City does follow the GFOA best practice of rotating the staff from the audit firm each year. Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Arrington, to award of RFP#W2020- 85-A for Professional Auditing Services to Weaver and Tidwell, L.L.P. in the estimated annual amount of $65,500,and authorizing the City Manager to execute any and all necessary documents. A vote was taken and the motion passed 4-2 with Councilmen Duke and Porter voting against and Mayor Hogue absent. REGULAR AGENDA 1. Consider, and act upon,Resolution No. 2020-43(R)of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2020-2021, accepting the calculation of the no new revenue tax rate and the voter approval tax rate, establishing the date for a public hearing and vote on the proposed property tax rate, and providing for the publication as provided by the Texas Property Tax Code Sec. 26.06. (M. Beard, Finance Director) Minutes August 11,2020 Wylie City Council Page 3 Staff Comments Finance Director Beard addressed Council stating the City is required by law to follow certain meeting and notice/publication guidelines identified in the"Truth in Taxation"Tax Codes. In accordance with the laws of the State of Texas, the no new revenue tax rate, the voter approval tax rate and other information must be published and a public hearing must be held. This year's no new revenue rate is $0.681979 and the voter approval tax rate is $0.690181. Beard stated the proposed 2020-2021 budget is based on a tax rate of$0.671979 per $100 valuation. The proposed rate is $.01 below the no new revenue tax rate and $0.016475 less than the current rate. This rate reduction continues a nine-year trend of reducing the tax rate cumulatively by$0.226921 or 24%. Beard reported the proposed budget was placed on file with the City Secretary's office on August 7. Any change in the proposed tax rate will require revision of the proposed budget. The City Council is required to vote on the proposed tax rate tonight and publish the required information at least five days prior to the public hearing on August 25, 2020. The notice of public hearing will include how each council member voted. This year, the council may adopt the tax rate at the same meeting as the public hearing. If a tax rate is not adopted on August 25, a special called meeting must be held within seven days, or September 1, to adopt a rate according to Tax Code 26.06(e). Council Action A motion was made by Councilman Porter, seconded by Councilman Wallis, approving Resolution No. 2020- 43(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2020-2021, accepting the calculation of the no new revenue tax rate and the voter approval tax rate, establishing August 25, 2020 at 6:00 p.m. at the City of Wylie Municipal Complex for a public hearing and vote on the proposed property tax rate, and providing for the publication as provided by the Texas Property Tax Code, Chapter 26. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. 2. Establish a date, time and place to hold a Public Hearing on the fiscal year 2020-2021 Proposed Budget so that all interested persons may be heard, either for or against any item in the proposed budget before final approval. The date, time and place for the hearing and the final vote will be published in the City's official newspaper, as provided by the Texas Local Government Code, Section 102. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating Texas Local Government Code, Section 102.006 and the City's charter require a public hearing to be held on the 2020-2021 Proposed Budget. Council must establish a date, time and place for the public hearing so that all interested persons may be heard, either for or against any item on the proposed budget before final approval. The date, time and place for the hearing and the final vote will be published in the City's official newspaper and posted on the City's website.The hearing date must be at least 15 days after the proposed budget was filed with the City Secretary, which was August 7, and the notice must be published at least five days before the hearing. Staff recommends August 25,2020 at 6:00 p.m. in the Council Chambers of the Municipal Complex. Council Action A motion was made by Councilman Porter, seconded by Councilman Dahl, establishing August 25, 2020 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300 Country Club Road, Wylie, Texas as the date, time and place at which the public hearing will occur and Council will vote on the final budget. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. 3. Consider, and act upon, requests for funding for not-for-profit organizations impacted by COVID- 19. (R. 011ie,Asst. City Manager) Minutes August 11,2020 Wylie City Council Page 4 Staff Comments Assistant City Manager 011ie addressed Council in accordance with Ordinance No. 2014-11 and Council direction received at the June 9, 2020 meeting, $301,000 was allotted for not-for-profit organizations. At the July 28,2020,Council awarded$206,000 of the funds which leaves$95,000 remaining. 011ie stated there were two organizations present tonight: 5 Loaves Food Pantry and In-Sync Exotics Wildlife Rescue and Educational Center. Applicant Comments Audrey Wallace, representing 5 Loaves Food Pantry, addressed Council stating they serve 45-55% of Wylie citizens,once COVID started they were feeding 10,000 families a month and are currently feeding 5,000-6,000 a month. Wallace stated they are requesting$76,000 to purchase a walk in cooler and freezer to house food. Angela Culver and Vicky Keahey, representing In-Sync Exotics Wildlife Rescue and Educational Center, addressed Council stating they reached 7,000 local residents last year through educational opportunities. Culver stated they are requesting$40,000 to assist with the$97,000 deficit. Council Comments Councilman Wallis stated he took the remainder $95,000 and divided it by the total amount requested, $116,000, and that equaled 82%. He multiplied each request by 82%which would total$62,241 for 5 Loaves Food Pantry and $32,759 for In-Sync Exotics Wildlife Rescue and Educational Center. Councilwoman Arrington stated she was okay with the numbers proposed by Councilman Wallis, and stated she would like to see more money to go towards 5 Loaves Food Pantry as they are serving a broader range of individuals. Councilman Duke stated he was okay with the numbers proposed by Councilman Wallis and did also propose $65,000 for 5 Loaves Food Pantry and$30,000 for In-Sync Exotics Wildlife Rescue and Educational Center. Porter stated he was open to what the majority of Council wanted. Councilman Dahl and Mayor pro tern Forrester proposed $60,000 towards 5 Loaves Food Pantry and $35,000 to In-Sync Exotics Wildlife Rescue and Educational Center as In-Sync is using reserves to operate the facility. Council Action A motion was made by Councilman Dahl, seconded by Councilman Wallis, to approve funding for not-for- profit organizations impacted by COVID-19 in the amount of$60,000 towards 5 Loaves Food Pantry and $35,000 to In-Sync Exotics Wildlife Rescue and Educational Center. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. Mayor pro tern Forrester convened the Council into Work Session at 7:09 p.m. WORK SESSION • Municipal Court—Court of Record Discussion(C. Holsted, City Manager) Municipal Administrator Lisa Davis addressed Council giving a presentation on a Court of Record, which provides more efficient disposition of appeals, integrity of proceedings improved with recording of proceedings,provides enhanced enforcement of City Ordinances, and there are approximately 180 Municipal Courts of Record in Texas. Davis stated to become a Court of Record,the requirements include the passing of an ordinance establishing court of record, a Judge must be a licensed attorney with two or more years' experience, adding a Court reporter or electronically record proceedings, and creating a new court seal. The advantages of a Court of Record include a reduced number of appeals to county, City retains fines on affirmative judgment of appeal, enhanced enforcement of City ordinances, and increased jurisdiction for cases under Local Government Code Chapters 54 and 214. Davis reviewed peer cities and stated if they are or are not a Court of Record, reviewed the number of cases filed and appealed from 2014-2019, reviewed the Commercial Vehicle Enforcement (CVE) cases filed and appealed from 2014-2019, and showed an example of 2017 appeals to Collin County with the disposition, number of cases, amount paid, citation type, and the original amount due to the City. Davis stated the impacts to the Court include the cost of a recording device, Minutes August 11,2020 Wylie City Council Page 5 which was purchased with current Public Safety Building project, costs of transcription for defendants who are indigent, and adjustments in general processes and procedures by staff.Davis stated staff is recommending proceeding with creating an ordinance for approval that will establish the Wylie Municipal Court as a Court of Record. If direction from Council is to proceed with creating a Court of Record, the ordinance will be brought back for approval in December with the effective date of January 1, 2021. Davis answered questions from Council. Council gave direction to move forward with becoming a Court of Record. RECONVENE INTO REGULAR SESSION Mayor pro tern Forrester convened the Council into Regular Session at 7:24 p.m. ADJOURNMENT A motion was made by Councilman Wallis, seconded by Councilman Duke, to adjourn the meeting at 7:25 p.m. A vote was taken and motion passed 6-0 with Mayor Hogue absent. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes August 11,2020 Wylie City Council Page 6 fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 14, 2020 Exhibits: 1 Subject Consider,and act upon,a preliminary plat for Brakes Plus Wylie,establishing two commercial lots on 6.024 acres,generally located at the northwest corner of FM 544 and Westgate Way. Recommendation Motion to approve a preliminary plat for Brakes Plus Wylie, establishing two commercial lots on 6.024 acres, generally located at the northwest corner of FM 544 and Westgate Way. Discussion OWNER: LMB Corporation Ltd APPLICANT: John Davis The applicant is proposing to create two commercial lots for the development of a minor automobile repair use. The site is zoned within the Commercial Corridor district and the use is allowed by right. Lot 1, Block A of Brakes Plus Wylie is the proposed site for the minor automotive repair use. Lot 2, Block A of Brakes Plus Wylie has no development plan at this time. The plat includes a 30' wide shared fire lane, access, and utility easement with access from FM 544. An additional 24'wide access easement is also provided that aligns with an existing access drive located east of the property. A site plan for the proposed development was approved by P&Z on August 4, 2020. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. P&Z Commission The P&Z Commission voted 7-0 to recommend approval. Page 1 of 1 STATE OF TEXAS § s7 E.oae...0S SORV CERTIFICATE 1 / ilill COUNTY OF GOWN § /Po " ^^--"�� - 1 rTM I- _ ,_1p wA1 Man ByTx, Presents: N o .ao of Wylie,Collin CORPORATION. oe��onSurrect.Akra.No.2266,ap`Ma - --- -------- Y.., \ a IlyILogsdon,Jr,.herebeermy Mat I prepared Isis plat from -11\ \., __ That!, and accuses survey of the was ana that me comer monuments �i�u Shlckantlsurrev Abstract NO 641 apanINecaled 45 acre imct of lens tlescrmd __ / l '°• nanArtclesofM Corporation,as remrded'n Volume 1673 Page 366, sowEB. �� N§0.2117E 36611Y -IOC i.: -- -- properly prohceaunaermmv personal euperdslon ^E Dees NS Collin rlty, ( OCT)and being more rortculady described as __ -- � -,--F--__ -=/(I1t 0. n aceoraence Mh the Subanzwn nonce Of the Clry of Wylie. ..t1��H/� 0/ �V A A I l l /..,11 I0 .0 w A n�r1%BEGINNING at a Tree - found et the sok t1A,BbckA I -I 1 I / 4I11\1 W/. American National Bank Addition No.2, e Cry of a`as reoaNea n 11/ / I I \ I I g Document k.2008.4 and Instrument No.3oatllAnoloa0 0 Official Remits I 4// ' /�// /��__ I \ I11111 1 Dated y m v Collin right-of-Way),rro "/' rot me tang rime norm neofPM oafs 120 // / / i / \ I \ r .'r� �1 width tl) vmc ac-mlea`xwt-n concrete found et the southeast comer t c / .- _ l ( 1131§ _ en of said Lot IA Block A American National Bank Addition ( II\ \J\ ��PA4T OFA CAl1m.15 ACM5 13311 for rrrreled uponnas o final survey document. SR T' SR,s mars south 9]degrees miCay nute5e1 seconds Ea.ed n CadnnQ Poe fee O.P.R.GC.T. 1YIIII \ I,�� VOL1ZCs38RPOILLTION / / (IN LVt[nas,faes' �" - HK IBLAZO C FG.39B I ATy Billy M.Logsdon,Jr., g - mnu z IseconasEesvnshealstanceem26323 feet ebng I\ \ _�; CT / 1 a.1xe;x.N g redProbatonaHsndS y o648T 3 3 �'1 Be no linelof sad E.M.544toapccor THENCE Nor.87 degrees 54 on'�sein. ir WM on low plea.cap stamped I I 11/,II \` / /( Pft4M6--.MgazE �/--/ 1 31 s� .... M pee' rm) Ye I I ' I . lR \ 0 1 LOTS 1 AZT BLOCK A ' T \ / 1 THENCE North 03 degrees 03 minutes 24 seconds S a distance of Block A MOJO&JHM. E", Ill//�� \\ 1\\\ 1 103915024 E -/ y 1,1 STATE OF TEXAS§ capped wn rod.t Ter COMer at the northeast corner of PELT. / ..... as MowNe as remises n Document No 2oota0ess tl, I11j //��,\\� \I \�\\ 1\1�1m/ % / OouxrvoF OOLLInaogllcer..nose namel.. �ws - r III W m line o I\ a.>" \sn« Southwestern arum ( a,said capped iron gMbr-Haul me sou me W.Lours p I l" / I 11 \ I w __ personally N appearedNoar Billy M Logsdon,Jr.,known of LOCATION MAP r, THENCE North e8 degrees 24 min.49 seconds East,a distance of 366.19 test along 1 /I - Is su rimtlto me g hewestllneloWgad I I (I --'/)' /' clmowletloetlmme mat M1e execuretl me SCALE:N.T.S.copped Imo rod set for comer,seta mppm Iron ro /l/ 1•, \ hnswmen5 anea igam Way(a 66'vntlm dgMolvsyg ma rposes and considerations therein expressed antl In Iln THENCE.u.02 degrees 02 minutes 32 seconds Eaa,a distance of 262.05 fen along I I//�%/1 //\ // / �\/ ,wink ' w m fmcM therein srmea.con the kst stamped fine of said Westgate Way to a fneelghths inch Iron Yeah yellowdasdc cep I IY// /' //LOT1/ ' HANG ANOSEAL OF OFFICE thus _ yo GENERAL NOTES: RPLS 560 found at the beginningd a nontagentwlye betel I1/ 1 / /' _/1n NO Sa a// I� -' southeasterlyTHENCE in a diredlon,alen.of 202.37 feet,having a central angle Of 19 I bl I / / ACRES LO I. Selling o°eiznm.nd.is and subject tc fins end withholding degrees 54 minks 19 seconds,a radius of 582.50 fees a,anEem length 0102.21 fen and I \11 l L%i I / re .Z n of utilities and building permits. ...chord bears South 11 degrees 59 minutes 22 seconds nce of 201.35.t to a capped Ton rod.at Me north...mar of Lot 1B-R,Block A,American National \�,Ili e i // / y m NMary Pubic,Sam of Texas 2. The basis of bearing is derived from the Texas NDS RTC Cooperative Ba.Addition No.2,as recorded n Document No.26,dd95 and Inswmem No. ,,r,JI ' // ' % "�Ax 1 1M13t 1 P..LOILIS..49111. Network4A�eB-Texasstate Plane Coordinate System,NOM Central zone 2014,223010W4360,O.P.R.C.C.T., WesSatllsanceolT).16 feet along • '<` =no.x/ «� /6. at �'ea ovx[cT 1� 3 o&scea201 dated anea cog RPLs55lT found sad n.5acomerosaie Lonna yelow plastic cap stamps ---_-, e /'""1_- ---�`�I I - `� ... STATE OF TEXAS g No. Agency.NationalFlood2.2 nwm y t' -_ I I tip iea�tunrdn<ee mo6E,ex�iapim:p,Management la whMnflooa Zone"Xs,(areas the nosh line n sa a Lot tea fo a fnreeMmhs me Iron sin a Balance of 340.00 teat TO the ----- 1 1/ - // 1 A TI .. rnuNyoF COLLIn 9 determined to be outside seuyeer eadplainl,which 3 not a sped. THENCEPOINT South BE 03 GINNING aonalolog264 minutes 9,362msq re West or 6.000 alance ace trap Oland ' . - - R b flood hazard area.If this site is not within an identified special flood I/ 10N6 TI T RECOMMENDED FOR APPROVAL hazard area,ructursth this flood eremen.1.free dces not nodding or flpropeood 2 a/TI /- Lz damage..On structures thereon w de nods am hod nX occur a OWNERS CERTIFICATE 'I�/ ;se \ sr/.1'' e 1-IA •P �" 1 4 x.x damage On rare beincreased dbyrnan-made rnawllocauses. / I I ''' ,' ,II t ..'rrr. eoedhetsh mavmeate occasions, menmaart or the Surveyor.a.This NOW,THEREFORE,KNOW ALL MEN By �R"' I/ Ly S�,0.. I• , '•a \,,,v-, nnng&ZonngCommsson one menall nacreareabryontnapartofinee rig of the subject tray s Community Corridor District(CCI r being 1 L / ,I ).' \\ s ON Wyt Texas according 4. So City of Wylie Thong Map This survey has been _17 pre without a zoning reporter offiAND 2,BLOCK A.w2, herebyRAKES PLUS WlM1l rq Y 9 -(its)nadng the herein above dewdbed draynt _y as LOTS 1oaf suer G ' :.1. X +® esttof current claecea ore,se...ks or parking hereemery Wylie, _ ' r ^"" \ surveyor.r by de side.me public' forever,the g ofxey and other / oeA �T� \ APPROVED FOR CONSTRUCTION requirements ryemenh have been identified nth.process olconductingthe public vie Reny.arededl atedforareet� 'I11,7,,, E.. , IF MB _ __�-- purposes.The asemens public use areas,aas.own are dedicated,forme public use 'may - ` fieldwork forever. improvements shall etl pieced SeS IndiCated on this plat No buildings,fences,trees.shrubs or other d / I I , Ewsucm �`MCXX p f \ -- 5 rmK vdm yetlowapstamp"f3oM1ler e except ptrth the P Y Pia landscape en.,f \ I \ Y Cry of Wylie,Texas Date g nlossomermse noted approved by thev iCouncil City Wylie. alsom $ for al llp f. g sng the 1 I^y ' \\ a 1 <.P - ear T eta unless XX lintsparticular utilities, use by public Milks 1 In5 \ / ` nxmr bang sumNnate P end city Wrf ereof. \ M v 1 Ioaw= inn l�M 1i' �i ACCEPTED e cry of Wylie par Tty mite II ghtte remove end meth removed \ 1 nuutuu I O A 01 SO FT ((,c9. Theor rts eir of wa en Ire p growths cy of . \I I CAE \ / ' °"""T PRELIMINARY PLAT Y Y Y g - efficiency •1 reaped.ysa b Wylie I publicutility a shell / 1 / at all II 9 g g Fspe aria r / \\ �'r I II k I /� r Cry ofWy'e,Texas Dam te purpose constructing, g,-spa-9 X ll g -OTC reading f CT / I 1 /_ / , Mete.and adding a m wtme IA §� pu BRAKES PLUS WYLIE neceaaty et anytime procuring cerm sa anyone. nays �� emw / I �1 me City n Wylie, hereby LOTS 1 AND 2, BLOCK A This plat approved sugm[tp all platting m'ances rules regulations ana remlu0onsdme ti I m \ �(i1iL� \1`r ✓ final plat cry of Wylie Texas. W3 g' ��AXI. # d tO theay of crtv or wyre was BEING PART OF CALLED 45 ACRES mMD gym... vier SI'S119 Z§31g \ CM.unciI, accepted LM.B.CORPORATION vnTrvEss ire hang this clay of 2020 Xr - �� •- .w _ spudicpl VOL.1873,PG.388 ,x m4 m �saUR01 I ` no a acceptance semr lines as shows and s.forth in and upon said thereof by t and said Council • �.1 - n as heren...e subscribed signing 4.589 ACRES OUT OF THE BY _.. J EC DAVIDSON SURVEY,ABSTRACT NO.288 - T - F.M 544ARE Witness Y hand Y Ao,62g AND gm ssorr BEAm10 clasX (12O'R/LHr-OF--WAYJ '^'tor 1.435 ACRES OUT OF THE 7.413• baTA�R �� °Re DUKE STRICKLAND SURVEY,ABSTRACT NO.841; Authored Slgnatureof CMmer r1195 0320.7. 05 TAT.1E 3.4aY 13.80' OABC[) - av18'4e• 23.05 Tsr Mrwxt 14.4d• nmwn lsl CtyseCrnary CITY OF WYLIE,COLUN COUNTY,TEXAS N.42 U1000•U0• 23 55.111 28.2Y CRv Of Wylie,Tares u15 ru53.15 2e.9d e.� XXMXrm•E Du.xPAlix Printed Name and Title CA LEGEND -....-.>•.._ '' " eRMINGHAM.AL 35244 @CS 14.25 08112.0 130,2 a.00 2522113. t o sae0 5 �ed D� 593 Bw &8• h FOUND/SET re.® s R MAnnD� ACCESS EASEMENTS BO H LE R/% STATEDFTE.AS § _ 33c.c.s.DEED RECORDS,COLUN COUNTY,,aAS fa EIRE HYDRANT ndersigneddoeawaenan s... DOuxrroF § x _ NUMBER be coIA counCV rats LIGHT POLE berarl that rive ypersvn Omani may PROJECT BENCHMARKSSITE MIL AD.CONSULUNG ENC/NEERING .y pV cl .12 019'34114 T}2 dt2b 102.21 5115912E 2m.15 SQUARETIF SEWERco SANITARY CLEAN OUT otNs WATER METER her public for ingress an and egress ssr ®s m oRWBefore me,the un.Mgnse author*a Notary Pudic in and for me sate of Texas,on this day NUMBER �^ taxo. MIE 'AS""'; a. awe w b'crn c IIXXX meZPhr''n _ _ XTNaaplwNa. Tfigl9mae m I o�p r Lh I"6Lh I :rr�;of 1 pF executed the same for thetprp ereandcona.ratl0ns[.rein expressed. emergency reas EtWAnon•sao.m NO. BEM. LEWIN 115 EXIS3NG OVERHEAD pg[ Coen undo my nd and seal of CCXIX is Y 2020 Ca'o9YTIS. t :55152 EASEMENT UNE T1 -X NCE LINE cmlc rue so STUB CUT PIPE age.,NIUTION eat all nemmploy teehe s,wwoty rkme•In Wyls,Mh the right and ie, tsnxeo. 5s',tt PAVEMENT au WATER LINE MARKER �1 a}X 3511•w SSOS' MARKER and across p is... AIR CONDITIONER m Esms... .. °coos xtsT '. 1L4 NO33545E 86.12 L13 1141553541 2I.25 T.' TRAFFIC SIGNAL POLE ry WATER VALVE as GAS METER so UVE OAK TREE wk! NaMry Public In and for the Sete of Texas sse'a5}e^w 10.05 w353Y4t 4 OIC Ye POWER POLE ess CEDAR TREE snrw 100.00 I55'SYE A. 1551/E t om 6TAL 3. ELECTRIC CABINET NA. HACKBERRY TREE sugo '49M MOO' LIS aeab}IY 1 a 1.53.1w 1T.14 TREE .tTO. z§d My Commission Expires On: 3. COMMUNICATION VAULT LS }1'E 01 a 5e11.2 ex O 90305152 d40.W woo m TELEPHONE PEDESTALo OAK TREE cwT4n.cxucx CernysLv wTACT.amx PAws coxTACT.auvtmsow mint .I Na3'wE agar D Naysu w a.,1 mas HRELANE,ACCESS AND UTILITY EASEMENT IAI fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 14, 2020 Exhibits: 1 Subject Consider, and act upon, a Preliminary Plat for Kreymer East Phase 2, establishing 144 residential and one open space lots on 43.089 acres, generally located on WA Allen Blvd. and Glen Eagle Drive. Recommendation Motion to approve a Preliminary Plat for Kreymer East Phase 2, establishing 144 residential and one open space lots on 43.089 acres, generally located on WA Allen Blvd. and Glen Eagle Drive. Discussion OWNER: Bloomfield Homes APPLICANT: Westwood The applicant is proposing to create 144 residential lots and one open space lot for the development of residential single- family homes and a park. This subject property is part of the overall 70 acres of the Kreymer East development approved in June 2016 as a Planned Development District(PD 2015-23). The PD allows for a maximum of 245 lots with a minimum lot size of 8,500 square feet for the 70-acre development. Phase 1 contains 86 residential lots,therefore the combined residential lots total 230 with no other phases within this development. All residential lots are to be accessed by newly created streets that comply with the 50' width right of way requirements of the subdivision regulations. The plat shall dedicate necessary rights-of-way, and utility easements. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. P&Z Commission The P&Z Commission voted 7-0 to recommend approval. Page 1 of 1 N i o � T- ----- --- - -, --- i / /% r 1 W X _ III rn / =O '1 1 BLOCKG H _T____ /% // 25 / / e 4 I II VI �C 3kE /�.wa,e .Wi 2 3 4 5 6 ; 7 8 9 ; 10 Nr, // °"o. // / $IT f/�S III I 3° I ,' — — _25,,,— — — — — — — I — - N // // 24 /y�./ / VNI.,.r, ,". 4 \\ .,".` ., r � - $_ -a ARE o� a�R Er EAGLE GLEN DRIVE IM - aM. _ } __ vY `�\ %/ // //// W \ \\\ �� ,. .O.B (50 ROW.) .Al_ 1 I . % ; / --f ,,,,,E ` 'I� E W _ _ •(� 29 0 'Yeu ci I�� : '. I c J J / lz% // �. 23 /� / / \ 1 �- eLocKF I Y r4 }II ,.,rr _,- :oa -�\ / j i _ VICINITY MAP �\ W / -- •\ I I 1 e I`\z\ 21 m• 1 II g ` \\ �/ / � � — — or TO SCALE ,_ 2 3 t 1 1 \ \ •aRE 1 I 11 14 / / 22\� // *,.\ E 4 \\R\\ yof R4 .',.of o\:\\\' \I\„.„, a\ 3 / // .,, X \ u+ •\\\\`,\ 1 a\ \ q 21 / \ rz wars rz \ _ _ ,\\ sp.xzx \ \\ BLOCK G // % // / 1 . r,w e, w v r \v: \ v\% 15 / / ,,V AV/ w,m ax°°x zxc A --ygc nss° V >.%\AA\ 18 m % \ 4 \V / / 20 / �� 2 3 4 �� v rJ Krv• v1.y0 23 P v v / / , -OCKB \ ' \\ ,\\\ \ \ \\ s,�rx,+R'x,u Q) W & \\\`S,\O ,°oE / // _ 3 \\ \ .a \4 \\ 17/ n� us \\ f� / / ) .e 19 / . /� o ,z \\\ it \\ \\,a- \e. MO��E \\\'\• &\�— .3 ``6 24 \\\\l\y� i / I' `i\\\ ` ///i 46 21 BLOCKH } 0 5 0 ,e \ \ L \ \ \\\ sN.✓ \ \ 1 20 19 18 1 27 \ \ \ §� �- xYe,a,ls. \ \-�\ 16 5 15� \ \\ \ /�/T7 •`\ _o, NOTES \ \ \\ \\:}\\\ ► °Mpp �� \g w \ 25 E \\ \\ / /•/ 1_m_x� _ — , from ado,fie.n„mv \ \ \ \ \ e\ ‹ \ \ \\ 1,57s• p \� ,.. 17 //// / \ — !srW r.°e e°°nn5 a nes ro ` F \ ,/z V\\ \\ 15 I JNt4 BLOCKG / / \`� PHEASANT CROSSING / °° ` \\ \\ \\i \m�xsE x �V$ \ \� �\' pL'\// /4/ (Sa Ro.w.) -+ N \\ \ z6 \ \\ \ \ ( 8 „„ \ �. \ \ x zx� !'", // L:k41 `\J,p C•' i l � _ Az ryawr+,�, \ A �m\\\1 e. ., \��\V I� 1� ��Y �� \\ "\ ��i� �eit�• s. �i/'' �"/// 4� 2 s�4 s 1 6 BLOCK K mn roe , wnmou„as uMea „n \ zs �mDm\,\\ \,\\ \� \ '. �� m j s �/$ l l B //W 1 ck I o.:4 1 ,, ] r-,;hero°,ro,,.a. \ 1\ \ \ % I _9 3 ',' s< • ,z°° I between „ar e.a,°aam,n< \ A \ \\ \\\,,\\\�\IS\ < x ,.:,_AV �//F:,' 44/5°�/ a '. 7�t/i e _ •� .�, �`� ;%,'2• - 0 _ ,E...\ 24 vv AI A A v 'S� _ .," v s ./ .. /./ // 8 / AN 3 1�25 , _/24�3 23 E. 22 t 2 \v \ \1 v �� vv` 11 A G, � s�V �al` �•' �° 1, a �s°, — a o° rsuwUP ° \ �a a ; ��', , ^� �ai i \ \ \ 23 \\ 4k 12 LOT / 'o:pp V. C . .' CONS \ANO IN RiGifr OF., ,+, V v i In1J..m," '.3 �5 ,�♦ n V _ �n �� A owl MN v.,aa,.°now°.,«. WNW \ \\\ , \ T y9 \ a ( „\ \\\ sroNEEGR Er� L 1 °C a r� ot t 3 s\ �4 A. � ��°, $ -g o \ 22 \\ RR eer,3 `,, t If'` fie 6`*ez\ R'D°, , „, 3 `Gn±,. \ �v��. q 13-\r- 1z 3 x—F_�- nx u,w,xxxuoxu„ua,rs�°H \\\ • • \\ \ \ ` PNP M" „ ,N ,�j�pl �1 fro' \\\ \�\\+,��\ « . _. ,,,,� FNr;INFFR/SIIRVEYOFy Westwood M \\\\\\ 21 \\•Z`\ c0s006RPi No /lI / iBYOT `$\\\\'' .7. `4.\ '2<'O 1 ;^ III l�G \\ BLOCK �`\\ \� / °4- •., \ ,z; I: i \�� \ T '�i,:'. \� zo S�'�'0. �2 s '`/ :::\'''''' � �—� :\—:,\'‘I—'4 8'\ �-ems Own., , \ (��/5� t ¢ 9 �' _, _ BLOOMFIELD HOMES,L.P. \�•''t• \+, ''''''''N::; \ 1050 EAsr H Hwwv 114.SUITE 210 7:: \ 19\ \ /\G�/+\S �\ems- / .m�,, \ \ REET A°.oE \ Lw,/ so,,,H,/,kE TEXAS 7sosz N� N..',� L A ,:: 4R'R 10 V A \ 4ast �' re,MINAR 57z \�` t\" \ -s `\ \'_� \ w,�. - PRELIMINARY PLAT \` 18 %% • �\e' -—_., 12 <z , :, _�" j KREYMER EAST,PHASE 2 \ 'R�-,, •, T:\ 3�\ .\ 14 w is--- �6--a �17 \�, LOTS 26,BLOCK F:LOTS 13,14.BLOCKJ; '�t \�. LOTS 15-26,BLOCK K;LOTS 1-47,BLOCK L; \\X,•'` 17 ` •� ` \ \ 6 8 � F. G LOTS 1X,2-48,BLOCK M;LOTS 1-18;BLOCK N;LOT 1X o �O \ \ •� ,�— _ °s€\ =gr� 144 RESIDENTIAL LOTS&1 COMMON AREA LOT /So.00 •\ \ , •\ `�\.,� "4 \ Po \j / $ \1 43.089 ACRES OF LAND �/- 16 \ ` /l I ' LAmy OUT OF THE oh-j�9\ ` ` \ �I "04 _i� u ``\\. �r--'�1-//:, 'i t .,J y am\ FRANCIBCO DE LA PINA SURVEY,ABSTRACT NO.688 i''`'+�"` g�\ la 43.08 ACRES 1, eN THE o 00 .PHASE 2� z CITY OF VVYLIE,COLLIN COUNTY,TEXAS 4 ®2o2o wecm:ood arokssional Eervlaez,Ina. a`•\� 24 \\,, \�\ '1------ .i rc s r %/ SOW_y �\\�\ /�// (/\/ 21 BLOCKH 3 1 I 9 W +&\� \ 11 nam."wr / 18 ` \� .n `\\ 20 19 18 17 16 is 14 13 12 SI CC \ \ / ,/j/Pt `�� t xl Z 25 \\ilikik. N vv 1 Fie v• / LLC P / /��v - 1 J I- I IN- 5360 1� \„�°2 .�e\la BLOCK i ' 4.j \ - PHEASANT CROSSING Q i 4 ��'�, \�as `L� / « ---- + L b 11 p 6o I S� •J" ,�ycc /` \ �+% `a.Y // 2 1..„.. q BLOCK 1 t 180• w-'°` .A r ffi \.'Ot'Y ,��i i / E a I m g %/poi i I A I�zo %/ gE N a,5 EAST 50o i6 ] 8 9 10 11 0 12 13 14 I E g I R BLOCK121 I \` `�I \ '�_"F��-/l �-'- VOL ATM ue ry r, ; i I L Y / 2 _/ �`' 1 /) b �' 113.63 GENaua rvorzs. x�/�i ./, I �.c,� .. 4aj • 1 ems• 1- -. ; F: Nd� m NEr36 13 N r'e /�•" .M1 a^, ro SGG SINGLE FAMILY LLG Int a' /• � \ s., .rJ z m y�i,a' / �':,,=rzor`o '_} Mr „,� f f 6.'l �/ 13 INsr NG.zmanzeomws3cn rvAce3,a, ry c"°vnlm ron, - -,�n,ro o ua. 2 T— ' oveeer ae°,r„ro"ra, uma°h .-��/a* k N�vr /./ / r �'� ? - ,�� 3 Z \1 Ii'I sI,.119:. 4 't'aon, " ry //.*2,5 �"V. 3BLOCK K ewMs a° / ///%^ � +s d-; /g if/A & 9 � LVti 1.''/:'s" n,/24 a 23I 3I 2 � 21 20 10 18 17-. 15 �3 %J ,;"m- -�rooa°oek. (lq��£ ev II"' / ^9' \"- I T A• R /OAa -a PTV 1 3 •- —,,°-- A m ola I ,1 BLO 1 3iro ;auaewmm�e"°d cnaa, a, JJ\"pua'` 4 y a 1 ( m 7 �m 1 �'1° \ I '� � � g s : 1 a I. la a.rv„ o roar•as'ree- o, '''' Ts\ fir,..^• az �, , ■ - ram' ram - mro ,-� � 3, `L`a r r 1 \:. �e k coNs ,A ra �� -s�. \ \F, cONSWAv 24 g _ , ,•/- 2orrx I `rn _� s Irk \ loP �"v W1 _�� ../ �?,c I:I ow) / f I , vwnre .r•Ise"rz""as,rar e.a"aemar• l0Loe q? r�T � C,� a w� r , 11 -� _ e�� 4� / __ -t ,-7 .Ns. rp �'I it ��' .. a ti .+\` �� 9 14 :o _ s g a - _ m/ o..ac.r. ,so cc. osm cm ��!!g w e °z a a a s s _ 1_ \ \ § 13 �_ q—� \ -S /, °s3 q ; 3 ;� i�N. 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A a 1\112 \ ) >� �� ` \ \ 14 `l wrm ; sl \. \\ Y LT.' �.'NI' _'-\ IL ].�_'3 1` tl I ivn, `azssw�.M I 31:/'�9/ , Atli '\ Va p], m 'war • -�a a i3 IIg i / .N� \ �`�.� 13 \'''',...‘ `� � v 0\."�', �, arc �, - I gs --- t /%�it) 3 \ ,► N /a \RcII '\� bras, 01 '\''' 'i, '"' 1 /I r 12 BLOCKe i,\ \.y�1 1 ..r. 8 \k' \T. \ 311 0 '$IIw5 \%R I4W I IR /Is 'Ir \ 1` `� =)i \\\ e € 2�A 30 2\ ; 3� 3 3 7a ` RP g �ke��, -Y % 17 ENGINEER/SURVEYOR PRELIMINARY PLAT OF 2 Westwood KREYMER EAST,PHASE 2 11 Rom 21.80 amo nm oaix.aarv.aY,s°mzm LOTS 4-20,26,BLOCK F;LOTS 13,14,BLOCKJ; w.rer.r.+.�a'� LOTS 1526.BLOCK K:LOTS 1-47.BLOCK L: LOTS 1 X,2-48.BLOCK M;LOTS 1.18;BLOCK N:LOT 1 X ,ar,sr,rm erg.ra mmawl 144 RESIDENTIAL LOTS&1 COMMON AREA LOT OWNER 43.089 ACRES OF LAND BLOOMFIELO HOMES,L.P. OUT OF THE 1050 EAST HIGHWAY 114.SUITE 210 FRANCISCO DE LA PINA SURVEY,ABSTRACT NO.688 XAS Sou 1617 416-15 76092 ��CITY F oO O.E .PHASE z® z (HLGRE, 61572 CITY OF WYLIE,C IN HE COUNTY,TEXAS eA 24 2020 N 0o0a 19102 KREYMER EAST `� O2020 Westwood Professional Services.Inc. - �w n \ mow\ I ! \ \. g\ a.: '� I I LvzK I :.. 3a / '/ I V14 �w ` 2 � � 4i239 /�°� X 14 .\� AIM AWL oe111V2 \ ' ,.;\ @ �§ $ � �\ @ \ \,II l. F/• B w�.,,l-+✓ s(,I'/ CL _ s,i \ �e \ \'r\` � MA L/'E'WET _ ,� , an gt\1 s i3 1' "/�fv1'/ .s & U N\\ a aq5.554, " 13 �1 \\\\ Rr -�z A L/E.HfE!' \ \\ 5'� g cal l� I. I R �iz� �/' 40 ///'a�N_ _ W \ '1'�C \ \\�\\ _ % ssc nsR, e r_us Ta/ i a - _ a._ -a "_ I wv �s wzssw 5. / / 1 G2 k \ \ 12 vA\ \\% w /} V1,r3svc n.3/ �Irao \ BLOCK e�. rem\ ► ;,� Ile �� b. :\ I aI. s - ia-Y" E�x j Wi tz a 4.\ 'II \\\s�\> 2 \ z •- 30\� 3\3 aA 3�0- RiV\� 1 ��3�/ 5")./ 41 ! / I J ; 11 \ 1 1 C."Q o d N \ a a \ a 'I. _ .� _ \ \ ssr 1 I , /_,,1 \\\+ a 39x\k 3: 37 ; 3CO r'^ w iF1\vIR m�BI -$�,:to, l / y,/. '.n s,.<r " r rce GaI,=I hm.xrrem. STONE E PUAsrr P..ccT 1/ /A"°\ \\ �§ \s,;, g ,' � O._J. �� 43 PHA \\\e �\L UR G,PG.T S S \\ R �' livus�zn • zz ss� :4 _ to / w t rreom Ero reanetrsuEZ mv�re� - - , I �/ AG�A .. AI !�• .T E� A 4„ a.�°�.w�,�I -ed. :,,,,,„ � \ °� `� k",- teat/ A '- a,gl g�_�j° I I8 �' I I \ \ \ . �"'� .- 7. w e�_ R r� 07:: srozsa-r zes Hww+S+.pyli :P �\ W �~` ��- �j� /�,�' P ru ,GIBS I\ \ PjLOT \ \'\\• ` -_fteauk, - _aJ na3 oP.R.ccr. P P I\ �Q \ - \l I\ �3 \\ a _ \- ,» g�, I®' MI-8 L� �/'//I \ III ne. z 8 nn,.mee I \ \ 9 \ BID K \ `2\ s' i - noted.AS User.comers set OM inaninnented with il 18.28 Marne. ��4P*** r� //�I)m r� 1' i \ \ I r\\ `@o �i oaf -1- nthe ne,n of arav only De n FOXWOOD LANE_ AI Ar 7 su'. wnAm 'v ' ° \ 3i �_� ", ''� .1 LL a as )omeymamx3 51 No appurtenance exa the (50'R.O.W.) \ �P�4,81 <ID 6\Ac\\€ *, 8` 8i8 i an ®/ ~ / ecr.e ( �'�` oOf L1 N0. sLwLR �\ \ EP yr zs RL U-G.1T3,P \�B.G PG n7dr. \\ � \\\w�\\ um cY' \�/ z3/� _ 'viva, II �m L _Qj 46 e� .mu BLOCK S - \ \ x L•r``S -4 s GJePTr,A:E,B E >r,� l \ \ �� a 10/�� n -ll .�,G i 6 G Y °-1 \ m ,r \ _1 / 1 25\ mw1.8691awuasravas0 ONe cP�Tx \\ - I � {� -� \ I 4s 46 47 ::± /ck \ ncmrcew I ' � // .1.,DEECATED FOP WIDENING ,/2 TELOCATION ��r�� ,e 4.0e1�ELENICATITEL 7' L�S m �L G SPIT, 7B _OPAL., aA{ L 1 - /CAB _ i - PPOAB9TRACT/ �, - �T' a-'� (VARIA3LE WIDTH ROW) A`��z _ij -Fill_� 'Erz 27 I:' «/ E DEDICATION/ �15,• 9 \= _ - �- \ ...� u _ ....... / -oY mcr \ CIry OFWYLIC ET/ M ,CABOPG 69B,PRC // t\�Csso• lam\ / m GmnttNMlmuLlR,slvrnou / V3`T i� ,� _\ . `1 sL L1rY�F NAVE, \\\ V CRAIG q�LEOPARD /RTIN Be ^ 1.532 AC. III V \ ♦ A / DONALD L.BRANCH& WAWA LORD BOLLAN FARM. rj175,cHL to BLOCKA `� of � \\\ - - -i - rrvsr BRANCH MST.01910 o.PRccr 20170113000061090 GB.24 25 26 27 28 I 29 1 30 31 32 I CM 1 OF PRF WY \ ` l� 23 IGB. I 33 T w.69 GT. I 5'B.L,UB P, zr .. / T _ Qx-mx \ - _FOXWOOD LANE _ c99, - o.PG 3J Rcc P.,: \ 5 \ \' \ BENCH MARK LIST Line Table Line Table Line Table Line Table Gm 29.8 ne oW e Qum Tu a Curve ro e A. lag. area. Liaa UV. Giremm Ure ure a Lag. 0,THPA a LngM iremm Luca s Length mreamn es Length xn LYOE Len9M R Chard Bearing M weep Len3t2 R<N0, cNM e OAL engM COMP.xe AT 2.0 0NOnx. ENTRANCE NNE FOP TIE cm iL. so.m 11692624E Lz., M. swss2a[ Las ro.w w,36ws L67 Hs w3zm,[ r. mrsz2ls L,11 37c7 nw4z'a9x os nsoa w.mss 967.36.34.. r 3s so merz9n n.slzn w [Isvnnox-s3¢ss 'C'ZITET OTT 52. s39rzs r zu3su[ r 1 rowmw Lm 16m 91.20,w r xwssz4w O. Teen 5662701H 1.es usss0 032.a x3sse.s2 , , r3es.w x.ss�srw Llsvnnox=ss¢6, sL«nTso PT iOnswTx anLuxnnREEi SITE BENCIEMARK, EIS sets a19,8 L27 ns, ssarzsus Lag wx LSO 661 ...MN 16.m �,z11s Lw P ns'nww trls See ws7zlw ¢ 12312 2.90 0,9xuss s,¢m3.9 '12,0 Cgs we eras ws3920 sera319w haw Llsvnnox=0TE "'""'sSAr CIPLC[weaoxlMATEtVesao FFL,un 2: ..X•CUT SET IN TX,SOUTH SIDE OF A CONCRETE SIDE.1.104.11 THE INTEPSECTON Or O. SOO 2. 1256 ISSO .a20 s9s II,9.9w r 5m336491, r 400.5729w Lw 170 5ra60,0 M. nm t.M.2,9. Hi , 0e31099 xrs,.es 14 0763S67 x881757w 6520 037.601E L3I 1396 54117a9w L56 75. 51781e32c L78 300 O69 39c MO 1713 nrmnlw L. JOSS wssrrw crz 63e 1050 03.1729 n,o333zw cn ce, am low oz32727 577.4310, an � /� PRELIMINARY PLAT L. 1 1PETP , N.srllw men nameww Lz9 310 x33m3es tnnarrw oz3 nm nwsr2,w 04.w 3osw wanes 5234rxL a.m 6,1 ,ar29 26760 wzs22e Sns6as9 .936 Westwood OF i L s moo su' Las .33 •T car z• Lror xa �,.19L 76 L xs,333eL m em 56n2., m „ar 11,959E m 50776E mrorm 176760E Ora.,b x26.39nw KREYMER EAST,PHASE 2 69. us MN nevn3e L37 MN 14w9239e 1.59 6e29 560.3212e L81 310 ....IN 003 1e20 552519.. L125 38.67 14.,.61,E 090w018 nr,9ssw 50. C34 730 10,50 042,1616 lmzrarw 766Eel Fr. B3,nm :e40 D,ii„e,n.,mazm LOTS 420.26,BLOCK F:LOTS 13,14,BLOCKJ; G Ln nza mm�lPW L39 ,3se 0sw023ew L6, 3ez6 S6T3612TL Lea em x3raows 3 N3T4001 F' L1m �c9ws INi N• CIS 93666 3 rz 0393 ,s6549a3 nN,9ssw cw uz ,Ian io.m ax 2337 Nr3 m6F 99nPlano,75093 LOTS 15-26,BLOCK K;LOTS S1-18;7,BLOCK L; Li LOTS IX,2-48,BLOCK M;LOTS 1-18;BLOCK N;LOT IX a'O ve tam 0m...6 La M. ws72,e L. 11.w s,r,63ze ,9ssc L. ,en 0msrnw 7654,,9E cr 3 M,,,, 0®roznw m33em 57654603E Te9Ls r,nn x.9.xo.,m3a3m 144 RESIDENTIAL LOTS&1 COMMON AREA LOT 01,744E LI1 1133 345111w L63 16. 0s0 a3w 0ET88s3F LIor 3307 .H551211L L. 1e99 .0721E cis 1e1.39 mam 0rn7oz ANSimw 17ee3 c3e ma nem mxnn 5003,,w n.0e OWNER 43.089 ACRES OF LAND 03330E L42 , x69170s L6I 421 9164.2601F Les 107a3 14.9239s MOB 16,99 69.8372701w BLOOMFIELD HOMES,L.P. OUT OF THE u1 xns nnm0e4 Lai ace n9ror1ze L. Ism n2623,7 Ler am Fmsr2,w 9109 1699 3msrnw 10506407 HIGHWAY 114.5001E 210 FRANCISCO DE LA PINA SURVEY,ABSTRACT NO.686 uz au IJ33 sra3w Lao nm xa,3654E Lw Sm N 20030 Lee 1.m N69tl2AF f11P Iem .wrnws S0470LA7E,Te IN THE .FHn5F1 w576092 APT., S � z 1817141 AS72 CITY OF VJYLIE.C COUNTY,TEXAS AS.oexr» 4 0 2020 Westwood Prokssional Services,Inc. OWNER'S CERTIFICATE CONTINUED.. WHEREAS,Bloomfield HEmes,L.P.,is the sole owner of a 43.089 acre tract of land situated kn the Francisco De La Pina Survey,Abstract No. THENCE departing the sold west line of the 1).9)3acne tract and the saldeast line of Black B,olorga[ommon line between sold 3J5-foot Recommeneed/orapproval' f County,Texas,and being o part afthe 19.048 acre tract of land conveyedm Bloomfield Homes,LP., f floodway and utility easement and the said 19.048 acre tract,the following courses and distances: �rd in InstrumentNo.20160602000G90610 of then cal Public Records of Collin County,Teact,and being o part of the 0.J40 acre react of North 52 degrees l9 minutes 59 seconds West,adstane of66325feet to a l/2"iron rod found at the N Official cf beginning tangent curve to lord conaeyed So Bloomfield Homes,LP.,by deed of record in anoment No.20360921000478170 of the Official Public Records f6olB ChakmanO/eentg&zoning Commission a the right; Date W County,Texas,and beinghe1J.9J3 acre tract[)and conveyedto Bloomfield Homes.ER,by deed of bin Instrument No. Ciryo/wylie,isms r^ 20160421000478180 of Public Records O Coll County,Texas,and being he 11.O5 acretct oland conveyed to lestong said tangent tChorSemore to right havingdegrees angle tes4of 32 degrees 4l minutes 28 second;aradius ofl61.oundon50 feet,and an arc VI f Official f n9 apart oft f Y length of149.85feet(Mord bears North 35 degrees 58 minutes 45 seconds West,14Jb2feeNto a l/2"Iron rodfoundat[he end of said Bloomfield Homes,LP.,bydeed of record in Instrument No.20141111J001250220 of the Official Public Records of Collin County,Texas,and approtM for Consolation" !!-1 beingapartofthe21.003 acre tract of land conveyed to Bloomfield Homes,L.P.,by deed of record in Instrument No.2 01 7062 70°0838570 of North l9 degrees 3Jminu[es 3lremMSWest,adistan distance tool/1"iron rotlfoundo[[he beginningofota�ent curve to LE. the Official Public Records of Collin County Texas;said 43.089 acre tract being more particularly described as follows: c e left k. BEGINNING at a 5/8"iron rod with law plastic co "WESTWOOD PS" din the south ri hEofraa linen Eagle Glen 410n50 ye p pthwestd faun 9 ) Y J 9 Along said tangent curve.the left having a[enbol angle of 14 degrees 29 minutes 18 seconds,a radius of487..5ahet and on art mayor,Ciy o/Nu,Texas (f) Drive,a(SO-footright-oJ-way),saidpain[being the northweststc0rner of Lot 2l,Block,Kreymer East,Phase],an additionta[he City of Wylie, length of123.2]feet(chord bears North 26 degrees 52 minutes 10 seconds West,122.95feet)t°ab/e"iron rod with a yellowplastiC Cap ° L[ Collin County,Texas,according to the plat thereof recorded In Volume 2019,Page 60,of said Official Public Records; stamped"WESTWOOD PS"found a[the south carnet fLot 1X,of mid Black,Kreymer East,Phase]; �lJYJ THENCE South 00 degrees49 minutes.,Seconds East,along the west line a distance of5825feet to a5/B"iron rod with a yellow THENCE North 52 degrees di minutes 99 Seconds East,deporting the said common line between the sir-footflaotlwoy and ublityeasemen[ 'Accepted' �y panic cap stomped"WESTWOOD PST found at an anglepoin[Ofsokitat2],Slack, and the 19.048 acre tract,alonghe southeast linesaid Lotly,Blocky,a distance of15.03 5/8"iron rod with yellow plastic ca o.th 19 degrees 37 minutes 31 seconds Ean,along the southwest line of said Blocky,a distance of343.20feet to a 5/B"iron rod t of g the so ye p p stamped"WESIWOOD PS"found at a southeast corner of said Lot 3X,Block F said pointbeing the of Lot 1,of said Block, with yellow plastic cap stamped'WESTWOOD PS"found at the south corner of Lot 25,Block F Os.Kreymer East,Phase l; ct yw,city o/Wylie,Texas Date THENCE North l0 degrees 22 minutes 29 seconds Eas4 sang the southeast line ofsaidco[25,Block,adistanre ofddH7Sfeet taoS/"iron THENCE North 76 degrees 29 minutes 50 seconds East,along the southeast line ofsaid Lott,Block,a distance of43.95feet to a 5/"iron T. rod with a yellow plastic cap stamped"LNESrWOOD PS"found at the southeast comer of said Lot 2,Block F and the southwest comer of !!lWYYY rod with a yellow plastic cop stamped"4VESTWOOD Ps"found for corner in the southwest right-of-way line fFakons Way,(a SO-foot Lot 3,said Block F, right-of-way);said point being o[the east corner of said Lot 25,Block Fandbeing lnanon-ron➢entcurve to the left; THENCE North 75 degrees 20 minutes 28 seconds East,along the southeast line of said Lot3,Slack F,a distance of or 45feet to a 5/8"iron The...ad Pe Ciry.xremryo/the Ctty of wipe,Texas,hereby certifies that Ng foregoing finalpbto/KREVm.R FAST,PSASE i subANWon or addition to THENCE along said southwest line of Falcons Way and said non-tangent curve to the left having a central angle of26 degrees 33 minutes 53 rod with a yellow plastic cap stamped"WESTWOOD PS"found at the southeast corner of said Lot 3,Black,said point being the beginning of theCity of Wylie was•ubmWed to thecilr Council on theday_oi 20_an d the C sun.,by loan.anon then and there accepma the COrds,o radius of30100feet,and an arc length of 141.41feet(chord hears South 39 degrees 03 minutes 03 seconds East,140.15feet)ro anon-tangent curve to the right; noisbee.alley.parka easement,public places,and water and sewer lines as shown and set forth in and upon soi lot.and said council further a5/8"iron rod with a yellow plastic cap stamped"WEStWOOD PS"found at the end of said curve; armath auth a Mayor.note the acceptor.Memo/bysign u his name as he tenabovesubsoibed. THENCE along said curve to the right having a radius of305.ec feet,adelta angle of14 degrees 05 minutes 56 seconds,and an arc length THENCE South 52 degrees 19 minutes 59 seconds East,continuing along mid southwest line of Falcons Way,a distance ceooegfeet to sof tamped 'WESTWOOD bears North 07 degrees 36 minutes seconds West,74.86feet)ro a5/8"iron rod with a yellow dank cap Wrtne Y be _day of 20- as%"iro rod with yellow plastic cap stamped"WESTWOOD PS"found at the north end ofaright-°J-way corner clip between the saki stamped'WESTWOOD PST found at the wen corner of a s°uthterminus of said Eagle Glen Drive; southwest line of Ps/cons Way and the northwest right-of-way line of Maltese Circle(a SOfoot right-o-way): THENCE North.degrees 26 minutes 24 seconds East,along said south terminu; In distance Of a 5/B"iron rod with a yellow THENCE South ai degrees 19 minces 59 seconds East,departing the sand southwest line of Falcons Way,along said right-of-way corner clip,a plastic cap stamped"WESTWOOD PS"found at the east corner of the said south terminus of Eagle Glen Orive,saki point being in a era,...), distance af1414feet to a.5/8"iron rod with a yellow plastic cap stamped"WESTWOOD PS"found at the south end of said right-of-way non-tangent..to the right; Ciryo/[yak,de.. comer clip;mid point being in the said northwest line of Maltese Circle) THENCE along an east line of said Eagle Glen Drive,and said non-tangent curve to the right having a central angle of 01 degree 52 minutes 08 oath 37 degrees40 minutes03 second West,along the said northwest line ofMaltese Circle,adistance of1500feet to a 5/"iron seconds,a radius of 255.00 feet,and an arc length of 8.32 feet(chord bears North Odegrees 22 minutes 27 seconds East,8.32feet)to rod with a yellow plastic cap stamped'WESRVOOD PS"found at the west corner of the southwest terminus of said MalteseCircle; a5/8"iron rod with a yellow plastic cap stamped'WESTWOOD PS"found at the end of said curve; THENCE South 52 degreesl9 minutes 59 seconds East,along the said southwest terminus of Maltese Circle,a distance of50.00feet to THENCE North 01 degrees18 minutes 30 seconds East,a distance of5.86feet to a5/8"iron rod with a yellow plastic Rap as/8"no rod with a yellow plastic capstamped"WESTWOOD PS"found at the south corner of the said southwest terminus of Maltese Circle; stamped'WESTWOOD PS"found at the south end fa right-of-way corner clip between the said east line and said south line of Eagle Glen for iabk Lot Table LOtiabk Lot rate fordable orth 3i degrees 40 minutes 01 second EasC at0ng the southeast line ofsaid Maltese Circle,a distance af15.00feet to a 5/8"iron rod with a yellow plastic cap stamped'WESTWOOD PS"found at the west end ofadght-oJ-way comer clip between the sa/southeast line of THENCE North46 degrees 19 minutes 25 seconds East,along the said right-of-way corner clip,a distance of 14.14 feet to a 5/e"iron rod with a° SF Aae Lot x SF Akre Lot x SF Acre Lot x SF Acre Lot x SF Acre Maltese Circle,and the said southwest line of Falcons Way; yellow plastic cap stamped"WESTWOOD PS"found for comer in the said south line of Eagle Glen Drive,at the east end of sigh tof-way Laa F 4.2 2.0 La son Eros roT STA L SES OZI run ,ATS zm ,A,E3SEE, 6511 0.7122 THENCE North 82 degrees40 minutes Ol second East,along said right-of-way corner clip,a distance of14.14feet to a5/8"iron rod with comer clip between the said east line and the said south line of Eagle Glen Drive; tors gods 6,537 arse tat la Maki tool cats km2 ewer A619 Ot99 LE RESEckr ozm km.aockr 4555 0.796 yellow plonic cap stamped"WESTWOOD PS"found at the east end of said comer clip;said point being in the said southwest line of Falcons THENCE South 88 degrees 39 minutes42 seconds East,along the said south line of Eagle Glen Drive,a distance of115.36feet to the Lac sick, 4.0 0.7. wts sot 0,s, tdt 0.0 0,s, w t9 rs 0., Way; POINT-OF-BEGINNING,containing 1,876,9705guare feet or43.089acresof land. Lat716.1,2 4500 0.765 fordable rma2oc1. 6,607 27s5 ruzccickt a[ro alsz km.S2ckr tr s 0253 THENCE ouch 52degrees 39 minutes 59seconds Ean,along said southwest line of Falcons Way,a distance of15.00feet to a 5/8"iron rod toe sem,. sat ass rash so O.., t^S e.i. 9,50a 0.5 ruts L ram razz r lox ozaz h a yellow plastic cap stamped"WESTWOOD PS"found at the south comer of the southeastterminus of Falcons WOW taeaakF 4500 ASS wrrsemck ezz co, km oea,LC Sol 6195 wzzaackr 2647 0.7 ru39aockr 200 ores THENCE North 37 degrees 40 minutes Ol second East,along the sokI southeast terminus of Fakans Way,adistance of50.00feet t°a5/8'iron NOW,THEREFOR F KNOW ALL MEN BY THESE PRESENTS, or.Bruck, 9.252 0.216 Co rc em0x as.. k es r adm St 8,7 n195 Ia see AEU tale aae t A. mr road with a yellow plastic cop stamped'WESTWOOD PS"found for corner in the southwest line of Mt 1,Block K,of said Kreymer That eLOOmFIDD HOMES LP.,offing herein 6y one through alulyaurhatMoR nalces hereby MI5 par Best erheretn above alemIDNpmperry at r Al. airs Late walr sot 2795 km 24 Skel. sty arSe La.... 9t9 0205 East,Phase l;midpoint being the north corner of the sold southeast terminus f Falcons Way; gh Ns fan. Lat.Nock a Sn 29 rat sat oas wT Lao sTr k aae UM THENCE South 52 degrees 19 minutes 59 seconds East,along he said southeast linen float 1,Block K,a distance o 1W.W roeebyrSeresd of (Orthesootdceso Edic tedNro rorheW,feces,/Ores,shot.or semenr 00SOcse.orgrowhown r rzemot 9km azra race x sat coo 00roemckt sos rat ruzaaactr str rst wtOOksLC aae 0,00 grees gt Jsai f feet to M1eas ATM.eeAST,P¢SE2,on hereonn c.e Cift Xaed(orrheWmoeoe a hereby... ereby red rot.pis hose True,N eeaSeme.o.drtes-ofway as show. a5/8"iron rod with a yellow plastic...Ad"WESTWOOD PS"found at the south comer of said Lotl,Block K; shall be sonsautt.or placed upon,over or across the easements and rymr-ofways as shown.Said urill easements bemghere6byresemd Hrrhe mutual anand accornmo.tion to emk sazz tat zemckx sac ass ar sot Ist wt sr Ist wt era to THENCE North 90 degrees 24 m la seconds East,along the southeast line of said Block K,a distance af122.21 feetto a5/8"iron rod op000 es or growth a yl9900 tefulls*, remove and ott kF Oa arm am emckx s. st tarz t AST a1s5 rune L loser ergs ruu a as® ern 0o public utilities siring to or improvements have th ge with ayelbw plastic cap stamped"WESOWOOD PS"found at the southosestcorner of Lot 4,of said BlockM mat red efficiency respective Rees, the uduryevument a02 all putt which utilites shall any il times have ethe rytiriht o/grees and egressto ` tat r sat Iss THENCE South 62 degrees l9 minutes l9 seconds East,along the southerly line of said Block K,a distance of 62.53Jeet to a 5/8"iron rod with Peort/ssmmwooyo^ethemAutiliry easement prrhe pumoses o(removing all organ o/tb reooe00z ryzremz without the aassiryor anytime prowdng the LmzemckF asm ass razz x sat cos tat r<erakt zap eta La 29 Nod L.am wzo9mckt ssr 4m LEE5 BEd IL 1.00 195 Co..Sixit sat ASS t95 w / a yellow Plastrcmpstamped"IYE5IWOOD PS"Ipanda[an angle p°intafsaN Lat4; tmzzemcx sro arse sr ust THENCE South)8 degrees 57minutes 03 seconds East,Continuing along the sold southerly line of said Black K adistamef51.24feet[o WITNESS MY HAND _slayer 2D_ uBem kr asm ales Caza emckx sz a tat r9emckC asm arcs La...r am ores wtaraxkt azrz as/8"iron rod with yellow plastic cap stamped"WESTWOOD PS"found at an angle point of Lot5,of saki Black K; t"zoem kF Derr tat a a BLOOMFIELD PROPERTIES,LP. taz9 emckx rages czar THENCE South 89 degrees 27 minutes 01second East,along the south line of said Block K,a distance of 705.10feet to a W k.rod with a a Texas Oman Partnership tor.em`ks SSE azzT yellow plastic cap stamped"WESTWOOD PS"found at the southeast cornea of Lot 34,of said Block le said point being the west comer of the south terminus ftarkspur Lane,(a 50-foot rightof--way); By BLOOMFIELD PROPERTIES INC THENCE North 89 degrees 36 minutes 13 seconds East,along the said south terminus ofLadsW.Lane,a distance of50.00feetto a 5/8"iron aTexas p [Tors General Partner nod with a yellow plastic cop stamped"WESTWOOD PS"found at the east comer of the saidsouth terminus of Larkspur Lane; THENCE North degrees 23 minutes,)seconds West,along the east line ofsaid Lark.W..One,a distance f23.74feet t0 a 5/"iron rod y of Table Lot Table of Table of Table with 00h a yellow plastic cap stamped"WESTWOOD PS"found at the southwest corner of Lot 12,Block),of saki K0eymer East,Phase l; DONAL...DYKSTRA,Presitlent Lot. SF Acre rots SF Acre torn SF Acre Lmx SF Aae THENCE North 89 degrees 36 minutes 13 seconds East,along the south line of said LOtl2,Block),a distance 4119.63feet to a5/8"ken rod tatlwan14 az. to0Ta00km as. a. Loezemckm as,. a.7 r0Temlx Coon ezm with ayellow plastk cap stamped"WESlWOOD PS"found for corner in the common line between the said 11.05 acre tract and a tract of land SAS it ,EE SA. ESE aegis wt ieaak sat ores tosaemck0 ass 0195 wtz sac r conveyed to SG Single Family,AC tray by deed of record in Instrument No.201811 2 60014 4 53 6 0,ofsaid Official Public Record,mid point COUNTY OF TARRANT 4 WO 4.4 AAA OTOS .19 0100On 62619 Lozsemckm A504 6195 wz9000 &SOO 6795 being the southeast corner of said Lotli,Blocky; authority,on this spy personally DONALD).DVXSTRA whose name is subscribed to the foregoing...rumen(and THENCE South W de 04 minutes 08 seconds East,along he said common line between the 11.05 acre tract and theSGG Single Eedgd.undztM1aat undersigned same ES LP and that he executed the someos then pone purposes tmaemckn a20T 30,50km srs aIn Lott,emckm ass ars5 wta sA arcs degrees gt 9 ooeder o e cpsaABLO OH ... no/sa partnership/orth amity,ttcn11.05a:ane[pf30153hetro al"iron roid21.03acr erathwndthener of said SGG thwestcomeroaremind uetofl mconvey an ands ran thereexpressedammm capacity thaeinnama.DM tat).m„)m er z zrr wtnwak son a,9, t"r„am.kt, sat rss .,,,..x AAA ars5 said comer Single Family, tract,the northeast corner ofsaid23.0o3 acre tract,and the northwest comer ofasecondnac[oflaed conveyed to GIVEN UNDER MY HAND SEAL OF OFFICE _dayf _ to sat ars5 to zeaaku wr et95 wre9emckm A506 else wtremaN wo 795 sold SGG Angle Family,AC Dart; 5 THENCE South Wdegrees 38 minutes43 seconds East,along a common line between said21.003 acretract and said second SGG single Laemakw Amu EIS Lotzaaakm soot ales taa0 emkm Asa arm wa Sim km ass 0rss Family,LLe tort,a dlstame of204.J4feet to o l/2"iron rod found at the southwest corner of said second SGG Angle Family,uC tract;sold 1a0wan1. a9,. toz,aak soot a. Cast amok as. 0,7 ru.wakx 5.za9 RES, point being the northwest corner ofa896 acre tract of land conveyed to Baby and Annamma Abraham,by deed of record in Instrument No. km Mk.4 A660 AG tozaaakm WO LISS tata nora Lai 7001.. 9,3ar ozn 20130055001232590,of said Official Public Records; Now y Barak e ooA forme Score of Texas lays 9,1 0,23 to0Taakm 9,1 azra C05050ckm 929a ezez wtttaxk sat 0r9, THENCE South Wdegrees 05 minutes21 seconds Easta. ,along a common line between said 21.003 acre tract and said Abraham tract a wt T.Bloc. CO9 azra Lot l0aakm awa ales La ck aaemm ASS arm wtt sat er95 detanCe 0106582Jee[ aid/8 iro rod with a yellowplastic cop Stamped'WESTWOOD PS"seta[the southwest comer Of said Abraham SURVEYORSCERHMCA lac sat t95 mess ilk wa t95 Lwasamckm son Iss CO N sac arcs said point being the northwest corner of a 3.350 acre tract of land conveyed to Michael and Elayne Gibson kart,by deed ofrerord in area Professional wnesumepsofor weslwovd,do herebyrertin mar the plot shown hereon attumrenreprenna the re:Do-:Of Instrument No20160519W0615030,of said Official Public Recortls; y a bee supervision,and further ertin theta comers are as sown thereon,and that said plathas km 1<a:km loses Lat.Daum loses Lon.eixkw 61s5 ar Max. sat ars5 E. THENCE South 00 degrees SJ minutes21 seconds East,along a common line between said21.003 acre tract and said Gibson Dart,a distance prepared mpaorarice with the platting es an gig wns of Me City of Wylie,Texas. wit sat 0, wit sa 0, tatneme00 Cta az0T wttsemck sat 190 gof544.41 feet to a5/8"iron rod with a yellow plastic cap stamped"WESTWOOD PS"setfor comer in the north right-of-way line of Stone La tsg2ckm asm ales wtzz emckm asz9 aeon bt sat e795 ka Rood,(a variable width right-of-way);sold point being the southeast comer of said 21.003 acre Dart; Date.The the_days/ 2D_ wt sT N AEA 6195 MEN...89 degrees 30 minues 14 seconds West,along the said.rth line Stone Road,adetance of 762E9feet to a 5/8"iron rod with wt SS.. A057 ezm R. a yellow plastic cop stamped"WESTWOOD PS"set at the southwest comer of said 21.003acne tact;said point being south corner in the said north line of Stone Road; 0 THENCE North 00 degreesl4 minutes 20 seconds East,along the west line of said 2E003 acre Dort and along the east lane of said Stone AEONS. e9 RMSTRO red Professional Land Surveyor No 5551 Road,a distance of2406f t a5/"iron rod with ayelawpl astaycapnamped'WESTWOOD PST set°t a re-entrant comer of said StoneNG Road,said paint being the,outheast corner ofsoid1l913 acre Doss; Westwood PRELIMINARY PLAT 3 THENCE North 89 degrees30 minutes 14 seconds West,along the north line of said stone Road,a distance of399.05feet to al/2"iron rod OF foondato futhwest corner of said SZ973 acre tracts 5vidpoint being the southeast corner fLot 8,Block B,Stone Grove,Phase 1,an addition THE STATE.COUNTY.cot IL TOM S)! KREYMER EAST,PHASE 2 to the cry CON of Wylie,Co County,Texas,according to the plot thereof recorded in Cabinet G Page 173,f the Plat Records fCollin County, )T Tana STnm 'ale.zeb LOTS 4-20,26,BLOCK F:LOTS 13,14,BLOCK J; 0 Texas; EmW PS0005rvgmeauthoriry,on Thu Bay penono.,appeared JASONB..ARMSTRONG,whose name usubscdbeero the fotegotng 9441.1ent and isimmiLamm LOTS 15-26,BLOCK K;LOTS 1-47,BLOCK L; THENCE NanOHW degrees))minutes 09 seconds East,along the west line of said ll.9l3 acre bactand she east line of00/0Block B,ata acknowledged to that the same was the ace Of the rota WESIW000,anal that he executed the Sameas the as o/6Ch wnomrwn for thepuroosee and LOTS IX,2-48,BLOCK M;LOTS 1-18;BLOCK N;LOT IX distance of245,69 feet passing the north..ofLot 9,of mid Black 8,and the southeast corner of tot l0-A,Block B,stone Grove,Phase 1,on wHeerodon ecs exaeme,one in me mpartry therein Stated. TePU F,nn 9e9.xa.1mTa9m 144 RESIDENTIAL LOTS&1 COMMON AREA LOT oddtion to the Cry Of Wylie,C011in County,7ex05,according to the plot thereof recorded in Cabinet H,Page25,of the Plot Records of Collin GIVEN UNDER MY NANO SEAL OF OFFICE thu_day o/ _ OWNER 43.089 ACRES OF LAND unty,TAROS,continuing along the said west line of the 17973 acre tract and the said east line fBlock B,in AI o fowl distance of 684.21 BLOOMFIELD HOMES,L.P. OUT OF THE feet 0a 1/2"iron rod found at the northeast corner of a 175-footfloodway and utility easement,of Sane Grove,Phase 1,recorded in said 1050 Ens'HIGHWAY 114.SUITE 210 FRANCISCO DE LA PINA SURVEY,ABSTRACT NO.688 Cabinet G,Page 1 J3;said point being thesoutheast corner of said 19.048 acre tract; SOUTHurcE.TEXAS 76092 IN THE z CONTINUED... (817)416-1572 CITY OF VVYL1E.COLLIN COUNTY,TEXAS � N ry uc inand for me stare of Texas 43ee9 ACRES Ju,242020 Joe No 00031,02 KRErAER EAST,PHAsE 24 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 14, 2020 Exhibits: 1 Subject Consider,and act upon,a Final Plat for Brown and Burns Addition,being a replat of Lots 38A and 38B,Block 7,establishing one residential lot on 0.45 acres, located at 307 N. Jackson Avenue. Recommendation Motion to approve a Final Plat for Brown and Burns Addition, being a replat of Lots 38A and 38B, Block 7, establishing one residential lot on 0.45 acres, located at 307 N. Jackson Avenue. Discussion OWNER: Blake&Rebekah Herpeche APPLICANT: Blake Herpeche The applicant is proposing to create one residential lot by combining existing residential lots 38A and 38B, Block 7 of Brown&Burns Addition. The combined area of the subject property measures 0.45 acres with the newly created lot being Lot 38-R of Brown and& Burns Addition. The property is zoned within the Downtown Historic District and is located at 307 N Jackson Avenue. The applicant owns both lots and there is a residential structure on Lot 38A (northern lot). The applicant is proposing to construct a carport as an accessory use on Lot 38B, which isn't allowed due to structure setback requirements under the current lot layout. The purpose of the replat is to combine two lots into one to remove interior property lines that interfere with the accessory structure setback requirements. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. P&Z Commission The P&Z Commission voted 7-0 to recommend approval. Page 1 of 1 —" COUNTY OF cowx. OWNERS CERTIFICATE NOW THEREFORE,Blake and KNOWbekah ALL MENHerpech BY do he EPRESENT this plat,deslgna0ng the herein described property as LOT 396R own an urns Addition,an addition situated in Me City of wyl,e' o tto he City Of Wyle,CelanCunryreT and do hereby dedicate,In fee simple, MOP RTV a way management areas shown thereone public,the asemenarever any saso wnleb amd Wlal use and accommodations II I SITE W BROWN ST the lir0.1and Bums an addolon to the y ofawyleaas record..act Volume OWNER'S DEDICATION Tens IPReeTEsane being tin MA ace lot n of Collin COM end all public utilities desiring to use or using same.All and any am corn and BUMS MA page public utility and Collin County mall have the right to remove and keep removed(-- ..:-.„..„,„,,,,..„:„. xxn.xo.zowwzamoesna° :.ss."o.zmmsommssssw _I r Bro.. Collin County,Texas tO.Raecil abnd helm p n ofaneabandoned alley as all o part of any bonding,fences,shrubs,trees, other Im recorded in City r Wylie Ordinance No.2001-30,and being the same tract of land growths,which in any endanger or iMerfere with Me to Blake Herpeche / \Cil` nooina.e..i.m being more particularly desche as recorded in Instrument cribed by metes and conveyed remaa wof�u said ea and construction, m1cei bounce as follows: minspaintenance ern remove allconstruct,rts ve I OAK STBEGINNING at an beingsyscerns maintain addalplatting att H mow prrcou n eHce a tens set for corner on the South right-of-way line of W.Brown Street,befng patroL or sws.vac I found for reference bears anresolutlo hisoppce s necessity o mg the dcend r 1anbiea m �ordinancas, and II sown 22 degrees 20 mmwes Mt seconds East 0.5aket its of Canm Caurty. VICINITY MAP:N.T.S. of ue.us feet tTHENCESouth o a a In Ince Iron rod found fro comer.M minutes 31seconds East,'m said w.erovm streetaamanae WITNESS, nch — — _ _ _ _ _ Yellow-capped non rod found for corner in theWennaaif-way ofss.35feettoal/2 iue: Black Her eche $' w.ox.w.ewe satI Inch yellow capced Iron rod set for n lan heron Me d conveyed right-of-way Thomas Maynard,Lot recorded13and WIT c volume 14z3,Page beIng the Northeast x110RceTl:ofNES&my hand at Collin County,Texas,this Me_day of�20_ stzzoaa r-o.se oam2 By id East line of Me St.Louis Southwestern Mil Road pany 5 81:44'31"a 116.05. a1/2I inch iron rod set for corner in sIn rod fauna for reference bears south g sJ Rebekah Herpeme FACE NG eX minutes 23 s•FHP.Ear 2 ALN.L BEGINNING ——————�?L"nazo_s3}oo,eziio `9y21�MA / STATE OF 0.a05 elan acre of land. ePucEOF BEGINNING and coma r,g ,g50r I spuarefsttor COUNTY TEXAS,N. tssssk,.stir undersignedBefore m,Me authority,on this day personally appeared rpechee known to me o bethe person whose name Is subscribed to)the R Mregoing instrument and acknowledged to me to purpose and consideration there)exPessed,m the capacit Meremsstated. nte for sm....,.a aua:.sco., Given under my hand and seal of office this_day of _. t » 5Ir'e w.v" race sa s as, t Notary Public In and for the State of Texas PtfLOT 38B-R a Y neosne..o. .cre yew MYcommissionep s ZrLa RECOMMENDED FOR APPROVAL" Before me,the undersign.authority,on this tlay personally appeared Rebekah IA rpeche,known to me o be the person whose name Is subscribed to the foregoing ece and owledged to me Mat he me Cnalrman,Planning&ioning Commisxon Date the purpose and cosiderationntherein expressed,In the capacity therreinsated. City pf Wylie,Tess a Given Under my hand and seal of office cols day of 0 , ea00:_a ma.,soap, waxer at,.wa tad APPROVED FOR CONSTRUCTION" Notary Public m and for the State of e.al " I Mayor,City ofwyne,Texas Date My commission expires "ACCEPTED' SURVEYORS CERTIFICATE: N 88.52.29"W 145.78. KNOW ALL MEN By THESE PRESENTS Mayor,City of Wad).,Texas Date zsseasa.asaz hereby S.Rhodes,do certify that I prepared this plat from an The ned,Me CCity Secretary the City of Wlie ereboy cert... That and Barry to survey and and that the corner the finalreta f subdivision o addition ddidion n County thereon a set awere ry properly paced under m personal pe islon m and Dallas Cnuments shown ounty was submitted to the City Council on the day of o accordance with the Subdivision ordinance old,C of Wylie,s formal then and there I Me dedication of streets,alllley,eparks,eaeyment,public places and waterand sewer -POE REVIEW PURPOSES OxLv- ed wwaat,rwrsaz Council further awhorizetl Rhodes notethe Mayor to the acceptance thereof by plat re name as hereinabove Barry S.R subscribed. red Professional Land Surveyor No.3691 WRness my hand this day of A.D.,2020. STATE OF TEXAS: a I COUNTY OF COLLIN: o a a c. Before me,the undersigned authority,a Notary Public in and for the state of Texas,on this day personally appeared Barry Rhodes,Land Surveyor,known to me to he the person whose name is subscribed to the , gat !� I City of wylleTexas acknowledges tto me that he herm expressed. ecutea the same o foregoing purpose and » it G _. liven antler my hand and seal of office,tM1ls_day of 20_ Notary Public In and for Me State of Texas GENERAL NOTES: • BROWI AND BURNS ADDITION m WITHIN ANY EXTRATERRITORIAL MVCpmmisslon Expires On. JURISD N. • BLOCKING THE FLOW OF WATER OR CONSTRUCTION OF IMPROVEMENTS IN DRAINAGE EASEMENTS,AND FILLING OR OBSTRUCTION OF THE FLOODWAT IS PROHIBIT.. • GMpRORORN OF SHODrsn°"AGE WAYS OF FOR THE CONTROL OF EROSIONIN FINAL PLAT HEALTH heeby certify that Me oH'ICEsewage facilities described on this plat conform tothe ONAL NODMRounL`°E°VnNTY w°ON OF OSSF D BY FESIGN FLOO DING GNGALLSTATEOT BE RESPONSIBLE FOR ANY DAMAGE, NOTE:PRELIMINARY,THIS DOCUMENT SHALL NOT BE RECORDED FOR LOT 38B-R applicable OSSF laws of the State of Texas,that site evaluations have been submitted COUNTY MUST BE SUBMITTED AND APPROVED BY COLLIN aentingMe site conditions Inme area inwhimon-site sewage facilities are ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON BROWN&BURNS ADDITION representing SERIES. DRRIOAROYO AND DRIVEWAY ERTS.ywOCOONTnu float,ON SITE SEWAGE AS A FINAL SURVEY DOCUMENT. BEING A REPLAT OF LOTS 38A&3MB,BLOCK • 17,650 S.F.-0.405 OF AN ACRE Registered Sanitarian or Designated Represent&I'm VIOLATION OFCOUNTY ORDINANCE AND DST TEE LAW AND IS SUBJECT TO FINES S.B.SHELBY SURVEY,ABSTRACT NO.820 Collin County Development Services AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS. • PURPOSE OF THIS PLAT IS TO CHANGE PREVIOUSLY MATTED LOTS INTO) COLLIN COUNTY,TEXAS LOT. • VERIFY EXACT LOCATION OF UNDERGROUND UTILITIES PRIOR TO ANT DIGGING OWNERS-BLAKE&REBEKAH HERPECHE OR CONSTRUCTION. 307 N.JACKSON AVENUE,WYLIE,TX 75098-9,855-8138 • BEARINGS ARE BASED ON RD(READINGS OF TEXAS CCOORDINATE SYSTEM OF • NST/5LOODOTEITNORTH CENTY TTCOZON NEHE FZUN SURVEYOR:BARRY S.RHODES,REGISTERED PROFESSIONAL LAND SURVEYOR AGENCYFOLLOWING FEDERAL EMERGENCY MANAGEMENT IFE.MAI ZONES AS 7509 PENNRIOGE CIRCLE,ROWLETD TX 75088-12 OM8-1090 DEPICTED ON THE FLOOD NCE PATE 01 AREAS OF ANNUAL CHANCEFL OD WITH NP II%RMNNo.HSOFLESS THBURNS FIRM NO.10194366 XOFTEANNU00B:•Z NEX-AREAS NF 0.06ANGE DEPTHSOFLESSTHAN1 FGOF�i OR WDH DRANAGE NEA5 LESS THAN 154E FL0 o11£;AND NEAS 0 SURVEYING DATEOJECT NO �/ ZONE \\\\\\` DRAW N BY:MSDATE 5-1-2020 30180005J-0S SHEET //// fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: E Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 14, 2020 Exhibits: 1 Subject Consider, and act upon, a Final Plat for Aldi Wylie Addition,being a replat of Lot 2 Block A, establishing two commercial lots on 2.1891 acres, located at 3461 FM 544. Recommendation Motion to approve a Final Plat for Aldi Wylie Addition, being a replat of Lot 2 Block A, establishing two commercial lots on 2.1891 acres, located at 3461 FM 544. Discussion OWNER: RK Xleration Inc APPLICANT: Engineering Concepts &Design The applicant is proposing to subdivide the existing Lot 2,Block A of Aldi Wylie Addition creating Lots 2A and 2B Block A of Aldi Wylie Addition. The current combined area of the site measures 2.1891 acres, is zoned within the Commercial Corridor district, and contains an existing automotive repair(minor)use. The proposed Lot 2A is 1.027 acres and contains the existing use. Lot 2B is 1.162 acres and is currently vacant land. No development plans have been submitted for Lot 2B. Access to both lots will be provided by an existing 30' wide firelane, access and utility easement with a 15' width platted to each lot. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. P&Z Commission The P&Z Commission voted 7-0 to recommend approval. Page 1 of 1 ass— _ ,°„� DALLAS AREA N - W.2, (T ,mioovPw2 TRANSIT _ wLOr.E o.z.,PACE 1ze Da.c.c.r. —— — Rm w wExT o euuowc r-reo.' _____ F-_ wLU .w wree --i-- 84°09'37"E i. ___ _ uerxc -I- -_—_ 576.54' Ixc4 tcx 4 gR Ng 8 m '4 MOSES SPARKS SURVEY — s8 Y8 h J A-849 / ___________ _____"TR_ _ r GRAPHIC SCALE.. 1"=30' �� vc,Firg 1_ r 1a !art ...c.r P. y voLs avi"�r ~W LOT 2B �a /// .c 1 sg r.raz Ac. C6 rg^u E^ N LEGEND I v LA LOT 2A h ,POLJNO IN CONCRETE - �¢ 4 ,oz,.c. ..0.0,-DEM RECORDS COLLIN GM.Tart gga o, 3 ,.x.c.c.T.-PUT 6...c°Lux cwxrr TExAs -1 / �1 o VOL zOD�Pc.10�PxccT L.3 16 f v.x.c.cr. N 0 —MTV I' NO. BEARING DISTNCE $ W �L.3zo11. AWE. —J P.ac.u.. 29B L21 5 ovos 3.26"c 18.00' o'i 1 FYI — � _ L +` rl� L3 5 89'S0'34°W 185.29' -Pg 11. I / --_—Dom"" S 89'50'34" W 231.00' �""°` g1 I cI i' g EE. X?, 6 � zX 1" ^ES � BLOCK A s jT aP�E or Taw P s o a wxRGDaE E.tRG L°.vW6 ^zalW GAB.zo,vc s. a.c.c.T. a1 o aR ,ECT TO FINES AND I E ryNS i38. m me 1' I 2.)arse W lYgI 8 xK 8 Ed PECHILDREN'S LIGHTRO0SE ADDITION AS RECORDED IN ul.2007,PAGE 107 OF TIKE PLAT RECORDS OF COLL.000N.TExAS. 4 F y so `g w„ N�`F W 6 4.1 eE D NEAR TxE " - W R�1 3� xExT� IJS 4 E ro g' /� v.R.acT. .a & sl xi0a - D > J \ ,n ns anncE TO ENATIONALELa00insu�ausEE PaOGaa�n 0E�L000 INSURANCE RA.NAP- -FOR THE C.OF WYLIE.COLLIN �,,. J " 9. THE PROPER SRO.HEREONEL NO, DOES NOT DEJ.NIMIN Aa AR OF 100-.,a I/ wL. St ExT� — �; J o I 8 61, woo x oDG ww WxaE G rvBO wt.ORGOR 6G G x�WPo?orm. 2 /r' 3 y �,io DT uG.DAD.PG.NE.34e FOuR P.R.G.G.,. °" I 1 I A. - - IoloIN I P - - - - - -J \,, u. J— �G 0 10 �E \ � �1 voL zDD,P°,o=EMS M.�r�°P T MST.�oMzownGE°ozp�sEoo a.w° a° P° raX I L 1�R.I 6�L' DSMACKT P.R.D.O.T. �` fir° x. Da3 1 I F WATERLINE r° xDs eLrcmic ionFEIL. �POINT OF BEGINNING30 pTM ulos':°a°"°ciEM S 89°50'34"W v00 z0v.Pc.1s4 PR... cZ.x. 0'san P.x.c.c... 30°00' FARM TO MARKET ROAD 544 FINAL PLAT mo'Rwr-DE-wAo LOT 2A & LOT 2B, BLOCK A ALDI WYLIE ADDITION BEING 2.189 ACRES r BEING A REPLAT OF LOT 2, BLOCK A, I ALDI WYLIE ADDITION oA TI SITUATED IN THE wL zoos,vc.aRT v.R.c.cT. w�zoos,vc..sR�v.a.c.c.T. DGElwao wL zoos,Z 3sr v.R.c.cT. RX XLERATION,INC. YSFzoos I aoz,TEROEXAS 75098 DRIVE MOSES SPARKS SURVEY, WYLIE,TEXAS DRIVE 1. c.ci:I Pact.. ABSTRACT NO. 849 LAND SURVEYOR CITY OF WYLIE, COLLIN COUNTY, TEXAS I GRIFFITH SURVEYINGCO.,LLC ENGINEERING CONCEPTS&DESIGN LP. 605 AVENUE B,SUITE 115 �•cvrzeaac/Pmuecr uwecem�r/c°xsreuamx sevse LONGVIEW,TX 75604 9(903)2 R va MN ao°cR FAX P.M.62.-6. SHEET 1 Or 2 \OW0\35 03553 533 REPLAT. g OWNERS CERTIFICATE AND DEDICATION SURVEYOR'S CERTIFICATE VICINITY MAP C of COLLIN KNOW ALL MEN BY THESE PRESENTS: NOT—TO SCALE COUNTY TY OF THAT, CHRIS E. hereby certify that this plat was prepared under my supervision VOIEREAES from on actual curate survey of the land and that the corner monuments shown SPARKS SSURVEY,FEK E ABSTRACT CNO.E 849,ING HAND BEING ALL OF LOT 2E OWNER OF A 2.189 R BLOCK A OF THE ALDI WYLIE ADDITION,E TRACT OF LAND SITUATED IN THE SAN thereon were properly placed under my personal supervision in accordance with the Subdivision g �. City of e. &B DVOLUME 2011,ESCRIBED BADDITION O THE CITY OF T PMETES AND BOUNDS oYHED5LA 5LIN COUNTY.REOL00RlD5 OF COW NXAS A COUNTY, XAS E PLAT THEREOF RECORDED IN GIVEN UNDER MY SEAL OF OFFICE THIS THE DAY OF- — .2020. /c PMK sus —°^' g AND BEING MORE PARTICULARLY Ordinance o eLs 3 BEGINNING AT AN X"FOUND IN CONCRETE PAVEMENT AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID 9 ¢ LOT 2,BLOCK A F THE ALDI WINE ADD1TON, Preliminary,this document will not be recorded far any purpose. " g � - .e MARKET ROAD 544(A 120 FOOT RIGHT-OF-WAY),BEING NORTH AND THE CORNER OF LOT 1,BLOCK 1 OF CHRIS E.GRIFFITH E°aO THE OT EIGHT HUNDRED NINETY FOUR ADDITION,AN ADDITION TO THE CITY OF WINE,COLLIN COUNTY TEXAS °xw a SITE L REGISTERED PROFESSIONAL LAND SURVEYOR S9 ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2009.PAGE 348 OF THE PLAT RECORDS OF COLLIN & H ne COUNTY,TEXAS: STATE OF TEAS NO.4846 STATE OF TEXAS S wra Y LINE OF FARM COUNTY OF COLLIN § a,o `I' / TOF MARKET NCE UNO.544,E AR DISTANCE OF 30.00 FEET TOEES 50 MINUTES 34 SAN'X"SET HIN CONCRETE PAVEMENT FOR G SAID NORTH ATHE SOUTHEAST CORNER OF LOT 1,BLOCK A OF SAID ALDI WYLIE ADDITION; Before me.the undersigned authority,a Notary Public in and for the Slate of Texas.on this ,.„„„wo do be then per appeared whose Chris E.Griffith.usc Registered Professional La.instrument Surveyor,known to me ¢,! / THENCE ALONG THE COMMON LINES OF SAID LOT 1 AND LOT 2 OF SAID ALDI WYLIE ADDITION THE FOLLOWING to a the person executed s subscribed bed to foregoing instrument antl pcssed. ged to COURSES: me that he executed the same for the�purpoae the considerations therein expressed 4i `, NORTH 00 DEGREES 1 MI NUTES 48 SECONDS EAST A DISTANCE OF 293.70 FEET TO AN X under FOUND IN Given my ha.and seal of office,this the y of____ 2020. CONCRETE PAVEMENT; fib VICINITY MAP SOUTH 89 DEGREES 50 MINUTES 34 SECONDS WEST A DISTANCE OF 132.00 FEET TO A 5/8-INCH IRON ROD Notary Public in antl for the State of Texas .? WITH CAP STAMPED 1890 FOUND; My Commission Expires On:__ SOUTH 00 DEGREES 09 MINUTES 26 SECONDS EAST A DISTANCE OF 18.76 FEET TO A 5/8-INCH IRON ROD FOUND WITH CAP STAMPED IMO, B FLOOD ATON TINE PER MAP SOUTH 09 DEGREES 50 MINUTES 34 SECONDS WEST A DISTANCE OF 185.29 FEET TO A TO A 5/0-INCH IRON ROD FOUND VETH CAP STAMPED 1890 IN THE AST LINE OF LOT 1,BLOCK 1 OF,E ADDITION.AN ADDITION TO THE CITY OF WYLIE.COLLIN R SE COLLIN COUNTY,TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2007,PAGE 107 OF THE PLAT RECORDS OF COFFIN COUNTY,TEXAS. THENCE NOR, DEGREES WYLIE ADDITON AND SAID LOT 15 6 SECONDS F BLOCK 1 OF AST ALONG,E COMMON LINE OF LOT 2,BLOCK A OF THE ALDI THE CHILDREN'S LIGHTHOUSE ADDITION.A DISTANCE OF 165.59 FEET TO A 5/8-INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 2.BLOCK A OF THE ALDI WYLIE ADDITION AND BEING THE NORTHEAST CORNER OF SAID LOT 1.BLOCK 1 OF THE CHILDRENS LIGHHOUSE ADDITION AND BEING IN THE SOUTH LINE OF A 100-FOOT DALLAS AREA RAPID TRANSIT RIGHT-OF-WAY: DS AST ALONG THE COMMON OF SAID LOT 2,BLOCK THENCE THE ALDI WYLIE ADDITION AND SAID RIGHT-OF-WAY F F A WAYLINE OF DALLAS AREA RAPID TRANSIT.A DISTANCE OF OF 576.54 FEET TO A 5/8-INCH IRON ROD FOUND FOR CORNER,SAID CORNER BEING THE NORTHEAST CORNER OF SAID LOT 2,BLOCK A OF THE ALDI WINE ADDITION AND THE NORTHWEST CORNER OF THE WILLIAM'S ADDTON,AN ADD1TON TO THE CITY OF? WYLIE. U %COUNTY,TEXAS; THE PLAT THEREOF RECORDED IN CABINET 2010 PAGE 296 OF THE PLAT RECORDS OF COLLIN OF THE ALD1 WYLIE ADDITION AND THENCE SOUTH 00 DEGREES 21 MININES.SECONDS WEST ALONG THE COMMON LINE OF SAID LOT 2,BLOCK A TO A 5/8-INCH IRON ROD FOUND.BEING THE EASTERNMOST SOUTHEAST CORNER OF SAID LOT 2, 2 FT BLOCK A OF ALDI WYLIE ADDITION AND THE NORTHEAST CORNER OF SAID LOT 1,BLOCK 1 OF THE QT EIGHT HUNDRED NINETY FOUR ADDITION: THENCE SOUTH 89 DEGREES 50 MINUTES 34 SECONDS WEST ALONG THE COMMON LINE OF SAID COT 2.BLOCK A APPROVAL BLOCK OF,E ALD1 WYLIE ADDITION AND SAID LOT 1,BLOCK 1 OF OT EIGHT HUNDRED NINETY FOUR ADDITION,A DISTANCE OF 231.00 FEET TO AN'X"CUT IN CONCRETE FOUND FOR CORNER: RECOMMENDED FOR APPROVAL THENCE SOUTH 00 DEGREES 21 MINUTES 48 SECONDS WEST,CONTINUING ALONG THE COMMON LINE OF SAID LOT 2,BLOCK A OFTHE ALD1 WYLIE AMMON AND SAID LOT 1.BLOCK 1 OF THE OT EIGHT HUNDRED NINE,FOUR ADDITION ACRES DISTANCE OF 225.00 FEET TO THE POINT OF BEGINNING,AND CONTAINING 95,354 SQUARE FEET OR CHtyraf wN el°TaxosSe Zoning Commission Date 2.189 NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS. "APPROVED FOR CONSTRUCTION' THAT.RK MERATION,INC.,does hereby adopt this plat designating the herein above described property as the LOT 2A AND LOT 2B,BLOCK A,ALDI WINE ADDITION,an addition to the City of Wylie,Texas,and does hereby dedicate„In fee simple,to the public use forever,t streets, ,are dedicated rights-of-way,a r public improvementsshown ublic use Mayor.City of Wylie.Texas Date as shown.Bare`dedicated for reets ond the public use forever.for the rpurpeet osesindicated oses.The eon eth s plaments t No buildings. fences,otrees,shrubs o other Improvements or growths shall be constructed or placed upon,o NOTICE:Selling a portion of this r across the r in landscape olso be used r theasements,er tf a addition by metes and bounds is accomm the odation City ofeasements as w all ncil f publi the c utilitiels Wylie.of In top�us�`ilusing easements same unless the easement the mutual uthel use to e approved ACCEPTED Slolati tateL f Cltdy Ordinance a to f a particular utilities,saki use by public utilities being e subordinate to the public's and City of Wylle's use thereof. and withholding Hof utilities and nes The City of Wylie d public utility entitles shall havethe right to r and keep removed all or parts of any Mayor,City Texas Datebuildin Building Permits. Wylie, er or rverfere with the construction.fences, trees, maintenance.`her improvements or or efficiency of their respective systemrowths which s in sa in id a ants•The City of Wylie d public utility entities shall at all times have the full right of ingress and egress to yore from theirrespective easements for the purpose of constructing,p of their p reconstructing,ipecting,tM1 atrolling,n maintaining,reading meters,9 undersigned,t City Secretary o City o Wylie, Texas. BLOCK oolIm SAGA from ra^ro^e m asystems without me r of AND was A. WYLIE o This plot approved subject to all platting ordinances.rules.regulations and resolutions of the City of Wylie. Texas. submitted 20_and the Council.by forrnol action.then and re accepted the — FINAL PLAT easements,public places,and water and sewer lines os shown and set this forth in and soid the OR R %LERATIDN INC. 020. subscribedMayor to a the a p nre thereof y g 9 a name as tiered LOT 2A & LOT 2B, BLOCK A Witness my hand this—day of A.D.,202°. ALDI WYLIE ADDITION BY: BEING City Secretary 2.189 ACRES City of Wylie,T"°` BEING A REPLAT OF LOT 2, BLOCK A, STATE OF TEXAS 9 COUNTY OF COLLIN § ALDI WYLIE ADDITION OWNER Before m tEL undersigned as Notary Public In for the State of Texas,o thm day personify RE XLERATION,INC. SITUATED IN THE e e authority,a O sl 2 MONROE DRIVE n nl rume and acknowledged to me known fh t person whose subscribed foregoing at he executed the amefor the purpose and considerafo TLI ns ther .2 in WE,TEXAS 75098 MUSES SPARKS SURVEY, expressed. ABSTRACT NO. 849 Given under my„and and seal of office,tills the___day of 2020. LAND SURVEYOR CITY OF WYLIE, COLLIN COUNTY, TEXAS GRIFFITH SURVEYING CO.,LLC ENGINEERING CONCEPTS&DESIGN LP. 605 AVENUE B,SUITE 115 er*wee662a/re0lecr 161126.0121.02111,20230110120102 seayse LONGVIEW,TX 75604 (903)295-1560 e Notary Public in and for the State of Texas FIRM NO.10083600 JOB NO.ECD-0150 baf'c MIN 20 H2o2d av-eaoo sex H»aT wr-erar SHEET 2 Or 2 u„r,........».,..,r.,..,..>n... \DWG\35 03553 53 REPLOT. 9 fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: F Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 14, 2020 Exhibits: 4 Subject Consider,and act upon,Ordinance No.2020-43 to a change of zoning from Single Family 10-District(SF-10/24)to Planned Development(PD),to allow for a mixed-use townhome community on 6.55 acres, generally located at the northeast corner of Brown St. and Sanden Blvd. (ZC 2020-06) Recommendation Motion to approve Ordinance No. 2020-43 to a change of zoning from Single Family 10-District (SF-10/24) to Planned Development(PD),to allow for a mixed-use townhome community on 6.55 acres, generally located at the northeast corner of Brown St. and Sanden Blvd. (ZC 2020-06) Discussion Zoning Case 2020-06 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject ordinance allows for the rezoning of 6.55 acres of property located at the northeast corner of Brown Street and Sanden Boulevard from Single Family 10 - District (SF-10/24) to Planned Development (PD). Exhibit A (Legal Description), Exhibit B (PD Conditions), and Exhibit C (Zoning Exhibits) are included and made a part of this Ordinance. The property is subject to a Development Agreement for Building Materials authorized by City Council in July 2020 and executed on August 14, 2020. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1 ORDINANCE NO. 2020-43 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2020-06, FROM SINGLE FAMILY 10 - DISTRICT (SF-10/24) TO PLANNED DEVELOPMENT (PD), TO ALLOW FOR A MIXED USE TOWNHOME COMMUNITY; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD), said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That Planned Development Conditions and Zoning Exhibit are an integral component of the development of the property and are attached as Exhibits B and C respectively. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No. 2020-43 Change The Zoning On The Hereinafter Described Property,Zoning Case Number 2020-06, From Single Family 10-District(SF-10/24)To Planned Development(PD),To Allow For A Mixed Use Townhome Community SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 25th day of August 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: September 2,2020,in the Wylie News Ordinance No. 2020-43 Change The Zoning On The Hereinafter Described Property,Zoning Case Number 2020-06, From Single Family 10-District(SF-10/24)To Planned Development(PD),To Allow For A Mixed Use Townhome Community Description BEGINNING at a 1/2 inch iron rod found at the Southwest corner of the Sanden Boulevard Church Addition, an Addition to the City of Wylie, Collin County,Texas, according to the map recorded in Volume 2013, Page 352, Map Records, Collin County,Texas, said point being on the East right-of-way line of Sanden Boulevard (variable width right-of-way); THENCE South 88 degrees 23 minutes 58 seconds East, along the South right-of-way line of said Sanden Boulevard Church Addition, passing at a distance of 643.75 feet, a 1/2 inch iron rod, and having a total distance of 645.97 feet to a point for corner on the West line of Lot 1, Block A of Birmingham Farms, Phase 10, an Addition to the City of Wylie, Collin County,Texas, according to the map recorded in Volume 2014, Page 348, Map Records, Collin County,Texas; THENCE South 01 degrees 18 minutes 10 seconds West, along said West line of Lot 1, Block A, passing at a distance of 383.58 feet, a 1/2 inch iron rod found at the Southwest corner of said Lot 1, Block A, and having a total distance of 403.59 feet to a point for corner on the North right-of-way line of West Brown Street (variable width right-of-way); THENCE North 88 degrees 39 minutes 30 seconds West, along said North right-of-way line of West Brown Street, a distance of 732.35 feet to a point for corner at the intersection of said North right-of-way line of Brown Street and the aforementioned East right-of-way line of Sanden Boulevard; THENCE North 01 degrees 27 minutes 43 seconds East, along said East right-of-way line of Sanden Boulevard, a distance of 9.23 feet to a point for corner at the beginning of a curve to the right with a radius of 969.00 feet, a delta of 24 degrees 12 minutes 57 seconds, and a chord bearing and distance of North 13 degrees 34 minutes 11 seconds East, 406.50 feet; THENCE Northerly along said East right-of-way line of Sanden Boulevard and curve to the left, an arc length of 409.54 feet to the POINT OF BEGINNING and containing 285,453 square feet or 6.55 acres of land. EXHIBIT B Browngate Pointe Planned Development Standards (ZONING CASE 2020-06) I. Purpose: The intent of this planned development district is to allow for a gated townhome neighborhood with commercial uses that provides affordable housing for the community of Wylie. II. GENERAL CONDITIONS: a. This Planned Development shall not affect any regulations within the 2019 Zoning Ordinances except as provided herein. b. The residential and commercial tracts (identified as Tract 2 Lots 1-39 and Tract 1 Lot 1, respectively on the Zoning Exhibit) shall be required to be developed concurrently with the following guidelines: 1. No residential townhome units shall receive a final inspection/Certificate of Occupancy prior to an approval final foundation inspection by the City of Wylie of the commercial development. 2. No more than 50% of the townhome units shall receive a final inspection/Certificate of Occupancy prior to an approved final framing inspection by the City of Wylie of the commercial development. 3. No more than 85% of the townhome units shall receive a final inspection/Certificate of Occupancy prior to an approved Shell building Certificate of Completion by the City of Wylie of the commercial development. c. All regulations of the Townhome District (TH) set forth in Article 3, Section 3.3 of the Comprehensive Zoning Ordinance (adopted as of 2019) are hereby replaced with the following: Figure B.1—Townhome (TH) Townhome Subdistrict Lot Size Minimum Lot Area (sq. ft.) 2,950 Minimum End Lot Area (sq.ft.) 3,450 Minimum Lot Width (ft.) 35 Minimum Lot Width of End Lot (ft.) 40 Minimum Lot Depth (ft.) 84.5 Minimum Lot Depth Double Front Lot (ft.) N/A Dwelling Regulations Minimum Square Footage 1400 Design Standards Level of Achievement Yard Requirements—Main Structures Minimum Front Yard Setback (ft.) 20 Minimum Side Yard Setback (ft.) 0 for interior, 0 and 5 for Exterior Minimum Side Yard for Corner Lots (ft.) 15 Minimum Rear Yard Setback (ft.) 25 Minimum Rear Yard Double Front Lots (ft.) N/A Maximum Lot Coverage 60% Height of Structures Main Structure (ft.) 40 II. SPECIAL CONDITIONS 1. Maximum number of Townhome residential lots not to exceed 40 lots 2. A tree survey shall not be required and no trees on the property are classified as protected within the tree preservation section 7.6 of the Zoning Ordinance. 3. H.O.A. shall be established to maintain exterior screening wall, private street(s) and other community features. 4. Average lot size shall be a minimum of 3,180 square feet. Lot sizes shall range from a minimum of 2,950 to a maximum of 4,000. 5. The streets, though private, shall conform to all aspects of the City of Wylie Design Standards in place at the time of construction. 6. Garages shall be a minimum of 400 square feet 7. Parkland will not be dedicated. Fees in lieu of dedication based on current parkland fees at the time of Planned Development adoption 8. The entirety of the sidewalk along Sanden Blvd shall be rebuilt to match the current City standard of 5' width meandering. 9. Landscape shall be provided around any detention area in order to screen said area from view of a public right of way. The living screen shall consist of bushes, shrubs, trees, or other mutually agreed upon flora, at a minimum of 18" at planting. The HOA shall be responsible for the maintenance of the screening. III. RESIDENTIAL DESIGN STANDARDS 1. Architectural Standards: a. Building Bulk and Articulation In order to avoid large blank facades, variations in the elevation of the residential facades facing the public street shall be provided in both the vertical and the horizontal dimensions. At least 25% of the facade shall be offset of 1 foot either protruding from or recessed back from the remainder of the facade. b. House Numbers All Townhome residential units shall have a wall plaque with the resident address accenting/matching the exterior wall material beside the main entry of the dwelling unit. c. Exterior Facade Material All Townhome residential units shall have exterior building materials as required by Section 3.4 of the September 2019 City of Wylie Zoning Ordinance and the executed Development Agreement attached to this Ordinance. d. Exterior Facade— Porches Each Townhome residential unit shall have a combined total covered front or side entry of 50 square feet of floor area. e. Exterior Structure— Height Main Structures shall be a maximum of 40 feet in height. 2. Repetition of Residential Unit Designs Each building within the Planned Development shall contain either 4 or 5 individually platted attached residential units. Each lot within a single structure shall have a different elevation, but each overall building will be similar. 3. Neighborhood Features a. This neighborhood shall be enclosed with a combination of masonry and wrought iron fencing. b. A landscaped buffer of at least 18 feet in width with a berm of at least three feet in height at a 3:1 slope shall be installed along the Brown Street frontage of Tract 2 (townhome residential lots as shown on Zoning Exhibit). c. An automatic sliding gate on each of the two entrances to the proposed private streets to give a gated community secure environment to the Townhome residential units. City services including police and fire protection shall have access to entry for the gates. IV. COMMERCIAL DESIGN STANDARDS a. Lot 1 of Tract 1 on the zoning exhibit is planned for an approximately 5,900 square feet commercial / office use. The design requirements for this portion of the development shall conform to Article 4 of the 2019 Zoning Ordinance for regulations of development within the Neighborhood Services District. �y / L.mlcck OING88 C ,TO BE USED FOR BODING OR CONSTRUCTOR. EXHIBIT C YN oe w e� ® 1sTE CD v a CD 'it / CorporaD.of the Prwiax9 Ell..of the Cnurm I e= v / of Jesus Christ of Latter-day Saint. 0 0 80 Sandell Boulevard2 Church Addltkn 1 E ,d / 201}352 D.R.C.C.T./ On'' SANDEN BOULEVARD CHURCH ADDITION I Vicinity Map GRAPH�c{G;CALE m VOL.2013,PG.352 TUTS 11.1 w _4�COnu'ra® __g SW 23'S8'E 645.97• oe o---34 0 0 �T // % 3 35 35' III1r' a0.83' a0 6 Ma3ry g AS' g 35 35� a0.63' B n / M.sonry 1 L of 2 of a t 5 . 8„.„ L 25 Bf le Setback 3 Fence LotLot, o t F x b °f to I L. I Lot 3 1 L In LO -I- N n I Lot T Lot 9 II�r{7II 1 L ,23 a/ era m1 Building 5 Units(TowNM1omx)P n F nt Building 8 1 jN Lot,o.Iosl N o o Lot e IN Lot t5 I IFi HO Lot 1 a Ie g 5 Units(Townhamw / $Ep m )' 61 "t Bugaing s Unite(Townnamw)n rpm 0.17Arrw I 35.83' II . I I'W 1 3 a aloO / Mall s201 BuIldi59 Setback 3s.e3 5.83'O j in.i 3 _I I] / stD. Box-�fl 40_83_ 3 5 - -- 35 -- 35.83- 5.93 35 35.83 •p /� 35 41,83' 3E40.83• 35' ❑ I / P P osw Gate 35' ao.a3 - O op / / / �M tluai Openselease with $ b Private Strwt 39 Townhamea on Tract 2 I--I �.p / u $ Fif 50'Right-of-Way 4.39 Acres O / / __ 40.83 3 35' 35' 40.83'- -- _- _- __ CV j of / �aeonry 40.83' 35' 35' 35' 40.83' 40.83' 35 40 83\'� a B,rmingham Lana Ltd W Fwca\0 1 s =F I L 20'Blinding Fatback T L Open P e J U Park \o of Lot 28 Lot T Lot 26 of 5 1 O / With n - of 20 Lot 23 Lot 22 Lot 2, Lot 20 I=�I Lot to [Lot t/ B PARC at Wyie m S d?l !tenches!' 1 Banding 5 Units 2(Townnamw) 2Ij I o of,9 o Lot t6 I Wyk Apartments LP Z .'S / �^a t m €" "t Bonding s wit.(rawnM1amw) I�8EI - BnnFham Farms Max 10 0 O *g t��\_� I 35.83 35.OA L^rw11 35.83' 358 pN�rlp"'s e3ntlln94Unite(Townhamw)m pi �•� 201h318 D.R.C.C.T. y 1 285,4SQ.fT. mqeD33. xr LOK1,1/4! tT t p0.G35rJ /{ E$ 1 I BIRMINGHAM FARMS,PHASE 10 .HOA Lot 2 1 -I 0.80 Acres IIII __ _ as [1]iII o VOL.2014,PG.34 V '�� SBB'23'S8'E 223.tl 3s s_J a 3 1�? 1�m 111 28•Flrelane eMasonry o I 1 1 I Fwca Progwed Gate O L /III 35 y.-Opticom OPener ritM1 5 83 private Street MawnrY {} SYNOPSIS, d O O 1 '^II/r 4G /III1 � Nmual Rdaax a� 50'R1ght-of-WOY F 'pg ry • I 11I G Op IIII M10 \�\ R 5 3 3s 40.83 ao.a3 3s 3s -U_ L* S/T 3e Townnome e<5 o st Office •4 S IIIIi LL0� jjj1. N0 Existing Zoning: SF to/2a C Z i s I Ill C F 111 3R07 /- Proposed Zoning: p0 Cn rp / W IIIII v 4'N till?, O' 0' Office5 A es 3LOU' 5.83 07 3 5 20'Bonding fbock Proposed Use: R e mli N� 66/ O LLL 35'e Lots 39 Residential Lots 9 I I I I I� Oda a 0l- s,9oo SF Pad NA. of Lot 32 Lot 33 t 1 Lot 36 L Lot 3 IIIII L $I !I Overall Lot Area: 6.55r Acres fCross y y q �I LIII II�I ! N ; 1 Bunamg§uma(Ttwnnamw ISJIO „11Bundin $Unit. uw^M1amw 00035 =o. 'II 7 4j O ��_=II / .gP 35.8 ot a Ia 35.e3' onlyI35.e3''s g (T �h V`tlr IMTownM1omea Lot 2=439Acres yJ T• � ) [ ✓.p s.63• HOA L°t, „Acres 01I`� I dp 3 25'B 1 HOA Lot 2 =0.6o Aarea✓�_$ s.e3' 3s' 3s 3s' Row Dedication - I10.27 Acres 0 O v HOA Ex 20'S.S.Esmt; ( 28'Profane ��r- -�-� a 35 u 9 6.55 Acres n CQ N - __ __ _- II 'MasonrY wnhnA Lot 3 Rx 3mib oac cw...35--e--45 - Lot 3 0.3 N _ b N88'39'30'W 223.0' r--T T e Fence 0.2]Acres .� 4ess,w.z 3 Acre U N01.27'43CE letin9 5'sidewalk I LL - - -2,.., - -- opera ♦. - Ex 30'Water.Esmt 4a.sxa�br r _� 7 1 rau uuxi .. 20'R.O.W. d(ootlon 1_ Oevel Schedule: Cd V^. O H . �� Zoning Change Counsel: Jul 14Y 28,2020 Q'~ y .. ... ,.Aa�M1O.- B� a.��f_ _ _ r rT PPA by City Counetl:J 1{ 0 L, .TOAd to SWgn BAd 88.39'30eW 732.35" ...... ., .. ., CIA Mrwe November DY atr Oatmer 1a I 1 3/rr FPA May 15,2021 O LD 4..........ply Start Vertical Construction:Ma%30 2021 S4 ST BROWN STREET i i ropxW Let nonLet Tu i Lone masts Wart PAX r m N 0 0 FNt:INFFR• 0 a JP Engineering T� 700 S Can.Expressway z Suite 400 Allen,Texas 75013 Da.A.Jones.P.E. Project Manage BM Pennon seas t-4a 972-467-7505 Nee.c t a DEVELOPER Dee 04/13/2020 Investments,LLC new Na more TAAS In 8700 Stondwaok Park.,►1265 Frisco,Te s750N]SO Texas TauM1ei 10�I0I0��I4101i313 8 01111I0181I1I4IL020 04:32:33 PM PG 1/14 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER. After Recording Return to: City of Wylie Attention: City Manager 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT AMONG BROWNGATE LAND INVESTMENT,LLC AND THE CITY OF WYLIE, TEXAS This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into by and among the CITY OF WYLIE, TEXAS,a home-rule municipality("Wylie"), and Browngate Land Investment,LLC,a Texas resident("Developer"). Wylie and Developer are each referred to herein as a"party" or collectively as the"parties." WHEREAS, Developer warrant that they are the sole owners of that certain tract of land situated in the City of Wylie, Collin County,Texas, consisting of 6.55 acres on"Tract of land Out of D W Williams Survey, Abstract # 1021 and Charles Atterbury Survey, Abstract # A0022", generally located at Brown(FM 3412) St, Wylie, Texas 75098,and more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes ("Townhomes at Browngate Pointe"); and WHEREAS, Developer desires to revert the zoning designation of "Townhomes at Browngate Pointe" and have asked Wylie to rezone the Property to Planned Development Mixed Use zoning; and WHEREAS, Developer and Wylie agree that Wylie has adopted certain standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings in Wylie; and WHEREAS,Developer desires to voluntarily consent to complying with Wylie's standards for building products and materials and aesthetic methods, as referenced in Exhibit B, attached hereto and incorporated herein for all purposes (collectively, "Building Materials Standards"), in the construction, renovation, maintenance and alteration of all buildings currently existing and to be built in the future on the Property, regardless of whether the Property develops as Developer desires or intends or not; and WHEREAS, Wylie hereby designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local Government Code; and WHEREAS, the parties agree that they enter into this Agreement pursuant to Section 3000.002(d) of the Texas Local Government Code with the full understanding and intent that ' Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 1 of 13 2837901 Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on the Property as of the Effective Date of this Agreement; and WHEREAS, the Wylie City Council 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 Developer agree as follows: 1. Incorporation of Recitals. The representations, covenants and recitations set forth in the 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 Developer. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents and warrant that he is the sole owner of proposed common property name as of the Effective Date of this Agreement. 3. Building Materials Standards. (a) In the construction,renovation,maintenance and alteration of any existing or future building on the Property, Developer shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that does not comply with the Building Materials Standards, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code, as it exists or may be amended. Developer voluntarily consents and agrees to comply with this Agreement and the Building Materials Standards in the construction, renovation, maintenance and alteration of any existing or future building on the Property. (b) Before commencement of construction, renovation, maintenance or alteration of any existing or future building on the Property on or after the Effective Date of this Agreement,Developer shall impose deed restrictions on the Property,incorporating the requirements of this Agreement. As a condition of Wylie's issuance of any building permits on the Property, Developer shall submit to Wylie the proposed deed restrictions in compliance with this Agreement. The deed restrictions must be approved, in writing, by the Wylie City Planner. Wylie is entitled to withhold building permits on the Property (in addition to any other remedy available to Wylie) in the event that Developer has not obtained such written approval. Once approved, Developer shall record the approved deed restrictions in the Real Property Records of Collin County,Texas. The approved deed restrictions may not be amended, terminated or otherwise modified after Wylie's approval thereof without the prior written consent of the Wylie City Planner. Wylie shall be a third- party beneficiary of the approved deed restrictions, and Wylie shall have the right but not the obligation to enforce this Agreement and the approved deed restrictions, as they exist or may be amended. Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 2 of 13 2837901 (c) Wylie designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local Government Code. Developer voluntarily consents and agrees to such designation. Developer voluntarily waives any rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property, and further agrees that Wylie's right to enforce the Building Materials Standards arise from this Agreement and not from a rule, charter provision, ordinance, order, building code or other regulation of Wylie. Developer agrees that Wylie is entitled to amend, revise, supplement and otherwise modify the Building Materials Standards in Wylie's sole discretion. 4. Default. (a) If Developer fails to comply with any provision of this Agreement, and such failure is not cured within thirty (30) days after Wylie sends written notice of such failure to Developer,then Wylie shall have the following remedies, in addition to Wylie's other rights and remedies: (i) to file this instrument in the Real Property Records of Collin County,Texas as a lien or encumbrance on the Property; (ii) to terminate this Agreement by providing written notice of termination to Developer; (iii) to refuse to accept any portion of any public improvements on the Property or associated with the development of the Property; (iv) to refuse to issue building permits for any building on the Property; (v) to refuse to issue a Certificate of Occupancy for any building on the Property; (vi) to require Developer, another owner of the Property, or a portion thereof, and/or a contractor thereof to immediately cease the construction, renovation, maintenance and/or alteration of a building on the Property; and/or (vii) to seek specific enforcement of this Agreement. (b) If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Developer,then Developer may seek specific enforcement of this Agreement as Developer's sole and exclusive remedy. 5. Limitation of Liability. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that Wylie shall not,under any circumstance,be required to tender, or be Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 3 of 13 2837901 liable to Developer for, any credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein. 6. Covenant Running with the Land. This Agreement shall be a covenant running with the land and Property, and shall be binding on the Developer and their respective successors and assigns. Wylie shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Developer represents and warrants that the filing of this Agreement as provided herein shall provide Wylie with a superior and priority encumbrance, lien or interest in, on and to the Property as to any and all other persons or entities. Developer represents and warrants that there are no liens, attachments or other encumbrances that prohibit or affect the right of Developer to grant such superior and priority encumbrance, lien or interest as described herein. If such a condition does exist, however, Developer shall obtain a signature with acknowledgment from the holder of such lien, attachment or encumbrance, subordinating any such lien, attachment or encumbrance to Developer's rights granted herein. 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 Developer 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 facsimile;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: If to Wylie, addressed to it at: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Facsimile: (972) 516-6026 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 Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 4 of 13 2837901 Telephone: (214) 544-4000 Facsimile: (214) 544-4044 Email: rpittman@abernathy-law.com If to Developer, addressed to Developer at: Browngate Land Investment, LLC Attn: Thanga K.Thangavel 2301 Ohio Dr#243 Plano, TX-75093 9. Indemnity. (a) EACH DEVELOPER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS,JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR OMISSION OF ANY DEVELOPER OR ANY OF EACH DEVELOPER'S OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE (HEREINAFTER "CLAIMS"). DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. (b) IN ITS SOLE DISCRETION,WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING EACH DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH DEVELOPER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ANY DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 5 of 13 2837901 (c) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 10. Acknowledgement of Wylie's Compliance with Federal and State Constitutions, Statues and Case Law and Federal, State and Local Ordinances, Rules and Regulations; Developer's Waiver and Release of Claims For Obligations Imposed by this Agreement. (a) DEVELOPER ACKNOWLEDGES AND AGREES THAT: (1) THE OBLIGATIONS REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER,IN WHOLE OR IN PART,DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE,AS IT EXISTS OR MAY BE AMENDED; (C) VIOLATION OF THE TEXAS LOCAL GOVERNMENT CODE, INCLUDING CHAPTER 3000,AS IT EXISTS OR MAY BE AMENDED (D) NUISANCE; OR (E) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (ii) EACH DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO, ANY OF DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES OR TRUSTEES, BROUGHT PURSUANT TO OR AS A RESULT OF THIS SECTION. (b) EACH DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (c) EACH DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL,STATE OR LOCAL ORDINANCE,RULE OR REGULATION. (d) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof,unless specifically enumerated herein. 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 Developer. EACH DEVELOPER WAIVES ANY Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 6 of 13 2837901 STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE,AS AMENDED,UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 12. Attorney's Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and Wylie, the prevailing party shall be entitled to recover as an element of its costs of suit,and not as damages,reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEX. Loc. Gov'T CODE § 271.153, as it exists or may be amended, if applicable. 13. 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. 14. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 15. 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. 16. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. 17. 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. 18. 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). 19. 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 Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 7 of 13 2837901 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. 20. 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. 21. 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,except as expressly set forth herein. 22. Assignment/Binding Effect. (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by Wylie; (ii) the Assignment must expressly contain, among any other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations, covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) Developer will file any approved,executed Assignment in the Real Property Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file-marked copy of the Assignment within ten (10) days of filing the same, and until Wylie receives said file- marked copy of the Assignment as provided herein, Wylie shall not, under any circumstance, recognize said Assignment. (b) This Agreement shall be binding upon and inure to the benefit of Wylie and Developer. 23. Indemnification. The Parties agree that the Indemnity provisions set forth in Section 9 and Section 10 herein are conspicuous, and the parties have read and understood the same. Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 8 of 13 2837901 24. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 25. 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. 26. Reference to Developer. When referring to"Developer"herein,this Agreement shall refer to and be binding upon Developer, and Developer's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and any other third parties for whom Developer is legally responsible. 27. Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and be binding upon Wylie and Wylie's Council Members, officers, agents, representatives, employees and any other authorized third parties for whom Wylie is legally responsible. 28. 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. [Signature page follows.] Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 9 of 13 2837901 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"). tir �.K -- v � 1' CITY OF WYLIE, TEXAS, ,r«'� ;r. a home-rule municipality /7 ' -.Jl IL it 4r. . , .J �' By• (Jt,ri . t_t_La ', , ; ,Ff Chris Holsted, City Manager �4 '' `7%;;F,C°LORApp Date: S - I . - \ i top FE RAILWA: •• Attested t1+ .r°1887 s �r4 of zap' , dlevuut, Stephanie Storm, City Secretary STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Chris Holsted, 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 for the City of Wylie, Texas, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN TINDER MY HAND AND SEAL OF OFFICE this I ( _ day of U_ tl . -, 2020. ,, z j...t:_i(_ __.._, . 4.) Notary Public, State of Texas i •v a TINA LINK My Commission Expires: '� l �' f z-Z • NOTARY PUBLIC * -,� STATE OF TEXAS F dy. �y ID#13144212-5 '''r OF# My Comm.Expires 02-08-2022'p Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 10 of 13 2837901 Browngate Land Investment, LLC, a Texas resident By: -2 . •- Kandasa E. Thangavel Date: 7r 90 9-0 STATE OF TEXAS § /� § (�C COUNTY OF C0)I'^ § IC ail aEs40Ay TAA,w,I 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; he acknowledged to me that he executed the same for the purposes and consideration therein stated and in the capacity therein stated. IN TNESS WHEREOF, I have hereunto set my hand and seal of office this GiZ day of v `/ ,2020. 0.4ryiNotary 047. ZACK LOGSDON Public,State of Texas ary Pub ' , tateofTexas%. = Comm.Expires 04-04.2024 y Co ission Expires: / 12�L� !ip°jip�`�` Notary ID 128948530 Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 11 of 13 2837901 Exhibit A-1 Legal Description of Townhomes at Browngate Pointe Being a tract of land situated in the C.Atterbury Survey,Abstract No.22 and D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas said being a part ofatract ofland conveyed to Birmingham Land, Ltd, by Special Warranty Deed recorded in Document No. 94-0029675, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the Southwest corner of the Sanden Boulevard Church Addition, an Addition to the City of Wylie, Collin County, Texas, according to the map recorded in Volume 2013,Page 352,Map Records, Collin County, Texas, said point being on the Eastright-of- way line of Sanden Boulevard (variable width right-of-way); THENCE South 88 degrees 23 minutes 58 seconds East, along the South line of said Sanden Boulevard Church Addition, passing at a distance of 643.75 feet,a 1/2 inch iron rod,and having a total distance of645.97 feet to a point for corner on the West line of Lot 1, Block A of Birmingham Farms, Phase 10, an Addition to the City of Wylie, Collin County, Texas,according to the map recorded in Volume 2014,Page 348, Map Records, Collin County, Texas; THENCE South 01 degrees 18 minutes 10 seconds West, along said West line of Lot 1, Block A, passing at a distance of 383.58 feet, a 1/2 inch iron rod found at the Southwest comer of said Lot 1, Block A, and having a total distance of 403.59 feet to a point for corner on the North right-of-way line of West Brown Street (variable width right-of- way); THENCE North 88 degrees 39 minutes 30 seconds West, along said North right-of-way line of West Brown Street,a distance of732.35 feet to a point for comer at the intersection ofsaidNorthright-of-way line of Brown Street and the aforementioned East right-of-way line of Sanden Boulevard; THENCE North 01 degrees 27 minutes 43 seconds East,along said East right-of-way line of Sanden Boulevard, a distance of 9.23 feet to a point for comer at the beginning of a curve to the right with a radius of969.00 feet,a delta of24 degrees 12 minutes 57 seconds, and a chord bearing and distance of North 13 degrees 34 minutes 11 seconds East, 406.50 feet; THENCE Northerly along said East right-of-way line of Sanden Boulevard and curve to the right, an arc length of 409.54 feet to the POINT OF BEGINNING and containing 285,453 square feet or 6.55 acres of land. Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 12 of 13 2837901 Exhibit B Building Materials Standards As used in this Agreement,the term"Building Materials Standards"shall include all standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings set forth or referenced in the following: 1. Ordinance No. 2019-23, Zoning Ordinance Section 4.3 (Non-Residential Design Standards), as it exists or may be amended by Wylie in its sole discretion 2. Ordinance No. 2018-14, International Property Maintenance Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 3. Ordinance No. 2018-13, International Existing Building Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 4. Ordinance No. 2017-41, International Fire Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 5. Ordinance No. 2017-40, National Electrical Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 6. Ordinance No. 2017-39, International Residential Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 7. Ordinance No.2017-37, International Plumbing Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 8. Ordinance No.2017-34,International Energy Conservation Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 9. Ordinance No. 2017-32, International Building Code — Commercial and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 10. Any other existing or future ordinance, rule or regulation adopted by the Wylie City Council that establishes a standard for a building product, material or aesthetic method in construction, renovation, maintenance or other alteration of a building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building Development Agreement—Townhomes at Browngate Pointe Building Materials Standards Page 13 of 13 2837901 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: G Department: City Manager (City Secretary's Use Only) Prepared By: Brent Parker Account Code: Professional Service Agreement and Commercial Electricity Date Prepared: August 11, 2020 Exhibits: Service Agreement Subject Consider, and act upon, Resolution No. 2020-44(R) of the City Council of the City of Wylie, Texas adopting the Texas Coalition of Affordable Power, Inc. (TCAP) professional services agreement and the Commercial Electrical Service Agreement(CESA) for power to be provided on and after January 1,2023. Recommendation Motion to approve Resolution No. 2020-44(R)of the City Council of the City of Wylie, Texas adopting the Texas Coalition of Affordable Power, Inc. (TCAP)professional services agreement and Commercial Electrical Service Agreement(CESA) for power to be provided on and after January 1,2023. Discussion TCAP is a non-profit political subdivision corporation representing over 170 cities. TCAP has the ability to negotiate directly with the wholesale market for the combined anticipated demand of its members. TCAP has leverage to secure pricing that the city of Wylie would not be able to get on its own in the retail market. The current agreement expires December 31, 2022. The new agreement allows TCAP to purchase power through a new procurement strategy two years in advance of delivery through a Strategic Hedging Program(SHP). The city of Wylie has been a member of TCAP since 2007. Page 1 of 1 RESOLUTION NO. 2020-44(R) RESOLUTION OF THE CITY OF WYLIE TEXAS ADOPTING TCAP'S PROFESSIONAL SERVICES AGREEMENT AND GEXA ENERGY'S COMMERCIAL ELECTRIC SERVICE AGREEMENT FOR POWER TO BE PROVIDED ON AND AFTER JANUARY 1, 2023 WHEREAS,the City of Wylie is a member of Texas Coalition For Affordable Power, Inc. ("TCAP"), a non-profit, political subdivision corporation of the State of Texas; and WHEREAS, TCAP has previously arranged for the City to purchase power through Gexa Energy with a contract set to expire December 31, 2022; and WHEREAS, TCAP has designed a new procurement strategy that will involve TCAP initially committing to purchase power two years in advance of delivery on behalf of its members who desire participation in a Strategic Hedging Program ("SHP") that will involve a series of monthly competitive auctions; and WHEREAS, TCAP has prepared a Professional Services Agreement("PSA"), attached as Exhibit A, that, in addition to enumerating services and benefits to members of TCAP, provides TCAP with specific authority to procure power in the wholesale market on behalf of members who choose to participate in the SHP; and WHEREAS, approval of the PSA is a necessary, but not sufficient, prerequisite to participation in the SHP; and WHEREAS, the PSA is a relational contract that defines services provided by TCAP to members regardless of whether a member decides to commit to the SHP; and WHEREAS, the industry-standard retail contract is a Commercial Electric Service Agreement ("CESA") offered by a Retail Electric Provider("REP"); and WHEREAS, TCAP has negotiated modifications to the current CESA between the City and Gexa Energy to reflect participation in the SHP; and WHEREAS, the CESA that will facilitate participation in the SHP effective for power deliveries in and beyond 2023 (attached as Exhibit B) will need to be approved and signed prior to October 1, 2020; and WHEREAS, the City desires to participate in the SHP. Resolution No. 2020-44(R)-TCAP'S Professional Services Agreement 1 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the City Manager is authorized to sign Exhibit A,TCAP's Professional Services Agreement, and Exhibit B, Gexa Energy's CESA, and send the agreements to TCAP, 15455 Dallas Parkway, Ste 600, Addison, TX 75001. PASSED AND APPROVED this 25th day of August, 2020. Mayor Eric Hogue ATTEST: Stephanie Storm, City Secretary Resolution No. 2020-44(R)-TCAP'S Professional Services Agreement 2 Exhibit A PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF WYLIE AND TEXAS COALITION FOR AFFORDABLE POWER, INC. This Professional Services Agreement ("AGREEMENT") is made and entered by and between Texas Coalition for Affordable Power, Inc. ("TCAP"), a non-profit, political subdivision corporation, and City of Wylie ("MEMBER"), a TCAP member. SECTION 1 DURATION: This AGREEMENT becomes effective as of signing by MEMBER and shall remain effective as long as MEMBER is being served by TCAP and MEMBER's electric load included in a current TCAP procurement. SECTION 2 PURPOSE OF AGREEMENT: The purpose of this AGREEMENT is to define services and obligations of TCAP to MEMBER and obligations of MEMBER to TCAP and other members. In furtherance of this AGREEMENT, MEMBER will enter into a Commercial Electric Service Agreement ("CESA") with a retail electric provider ("REP") selected by TCAP pursuant to the terms set forth herein; provided that nothing in this AGREEMENT is intended to alter the price or other terms of MEMBER's current CESA in effect through December 31, 2022. SECTION 3 OBLIGATIONS OF TCAP TO MEMBER: MEMBER authorizes TCAP to contract for the purchase of energy for MEMBER in the wholesale market from an energy manager selected by TCAP ("Energy Manager") and to select an acceptable, cost-beneficial REP to serve MEMBER's electric accounts. TCAP shall provide procurement services, which services shall consist of securing wholesale power for MEMBER through an alternative procurement strategy, such as TCAP's Strategic Hedging Program("SHP"), as may be authorized and defined by TCAP's Board of Directors. MEMBER may elect to consider fixed-price, fixed-term offers for wholesale power supply, such election to be communicated to TCAP separately in writing by providing an Authorized Election Form to TCAP, the form of which has been attached to this AGREEMENT as Exhibit A. If MEMBER has provided to TCAP an Authorized Election Form, TCAP's procurement services to MEMBER shall also consist of arranging fixed-price, fixed-term offers to MEMBER following solicitation of competitive offers. TCAP consultants and attorneys will negotiate terms and conditions of all contracts, monitor performance of Energy Managers and REPs, work to avoid and remedy problems that may be encountered by MEMBER where possible, assist MEMBER with wires company issues, and represent MEMBER in energy related matters before State agencies, the courts or legislature. TCAP will provide additonal customer services to MEMBER that are defined in SECTION 5. SECTION 4 OBLIGATIONS AND RIGHTS OF MEMBER: MEMBER will honor the terms of its CESA and promptly pay or promptly dispute invoices from its REP. MEMBER will comply with the confidentiality and non-disclosure obligations contained in its CESA and Section 7 of this AGREEMENT. MEMBER will designate one or more individuals to receive notices and updates from TCAP and will promptly update contact information. MEMBER will pay aggregation fees to support the non-profit functions of TCAP assessed annually by the TCAP Board of Directors and recovered as part of the energy charges paid to REP. Also, MEMBER will pay or receive refunds equal to the Quarterly Adjustment and the Annual Adjustment mutually agreed upon by TCAP and the Energy Manager to address certain variable costs and charges, including costs imposed by ERCOT, such payment or receipt of funds subject to the reserve account as further described herein. TCAP members will fund, and TCAP will maintain and administer, a reserve account to facilitate the reconciliation of any Quarterly Adjustments or Annual Adjustments by collecting any excess amounts paid and/or paying any deficient amounts incurred (as possible). The reserve account balance will be maintained at a minimum level to cover anticipated future needs for up to two (2) years. The TCAP Board may vote to refund to members amounts in excess of future anticipated needs. Any monies remaining in the reserve account at the dissolution of TCAP will be refunded to current membership at the time of dissolution. TCAP is owned and controlled by its members and is governed by a Board of Directors consisting of employees or elected officials of members. Consistent with TCAP's Bylaws, each MEMBER has a right to nominate its representative to serve on the Board of Directors and has a right to vote in annual elections of Board members. MEMBER has a right to attend or monitor each Board meeting. TCAP has a financial audit performed each year and MEMBER has a right to a copy of the annual audit upon request. SECTION 5 TCAP SERVICES TO MEMBER: A. Procurement of Energy Supplies and REP Services 1. TCAP Procurement Services and Capabilities TCAP will assist prospective members in reviewing market conditions and in estimating the most price opportune time to contract for energy supplies. TCAP will work with MEMBER to achieve a competitive price that balances supply security and risk tolerance while maintaining superior billing and customer services. As a political subdivision corporation,offering electricity procurement to political subdivisions,TCAP has the ability to procure wholesale energy supplies and REP services separately to secure the most effective combination of competitively priced energy supplies and superior billing and customer services. TCAP may utilize either wholesale or retail sources of power, or some combination of both. TCAP may utilize multiple suppliers with different generation resources. TCAP will solicit bids from multiple sources for energy supplies. TCAP aggregates the load of all members to maximize clout in negotiating contract terms. TCAP's objective in negotiations with suppliers is to continue obtaining favorable terms regarding band widths for annual usage based on total load of all members (rather than based on MEMBER's individual load) and to minimize fees for adding or deleting accounts. TCAP will monitor the wholesale and retail markets for favorable hedging opportunities. TCAP will also monitor, evaluate and issue requests for proposals for power development opportunities beneficial to its MEMBERS, including renewable projects (each, a"Power Project"). 2. MEMBER Procurement Options If MEMBER elects a fixed-price contract for a fixed period by submitting an Authorized Election Form, TCAP will function as MEMBER'S agent in the wholesale energy marketplace in soliciting, evaluating and negotiating each such fixed-price contract. Absent an election, MEMBER shall participate in other procurement strategy options offered by TCAP, such as TCAP's SHP, and TCAP will function as MEMBER's electric energy procurer. As such, TCAP will (i) oversee the Energy Manager, (ii) will direct the Energy Manager to solicit wholesale energy market quotes, (iii) will cause the Energy Manager to transact at the most favorable executable market quotes and(iv) will negotiate and develop the Energy Price in MEMBER'S CESA (the "CESA Energy Price"). The CESA Energy Price shall be developed and agreed upon by TCAP, the Energy Manager and the REP and shall include the wholesale energy market transactions as well as Energy Manager's estimate of any non-fixed charges, including zonal congestion charges, ancillaries service charges, and other charges in connection with MEMBER'S load. If MEMBER elects to purchase power from a Power Project solicited and chosen by TCAP via a competitive RFP process (or other similar process), TCAP will function as MEMBER'S electric energy procurer, and will direct the Energy Manager to include the value of the power procured from such projects in the development of MEMBER'S CESA price. B. Customer and Billing Services Provided by TCAP 1. REP Portal TCAP consultants oversee the development and presentation of the REP's portal for TCAP members;the REP will be responsible for operation of the portal. TCAP provides training and assistance regarding portal use. 2. REP Customer Service TCAP negotiates with the REP regarding service standards and annually reviews REP performance. TCAP maintains a right to replace a REP for unsatisfactory performance without affecting the price of wholesale power, so long as the replacement REP has a credit rating acceptable to the Energy Manager. TCAP continuously monitors customer billings and will alert both the REP and MEMBER, when appropriate, of any billing errors and the adjustments needed to ensure accurate and reliable billings to MEMBER. TCAP will advocate on behalf of MEMBER when needed to resolve billing or customer service issues. TCAP will review customer billings and make MEMBER aware of inactive accounts that MEMBER may be able to disconnect to save monthly charges. 3. TCAP Assistance with Budgets and Required Filings and Assistance with TDSP Issues TCAP monitors Public Utility Commission("PUC") and ERCOT activity and will provide MEMBER a forecast of changes in non-by passable charges that may impact MEMBER's annual budget estimates. TCAP will prepare an annual electricity cost estimate for MEMBER. TCAP will assist MEMBER in preparation of energy related reports that may be necessary for MEMBER to file in response to legislative or agency mandates. TCAP will assist MEMBER in understanding non-bypassable charges included in REP invoices, and assist in resolving issues caused by errors of MEMBER'S Transmission and Distribution Service Provider("TDSP" aka"wires company"). 4. Information Services TCAP maintains a member web site,www.tcaptx.com. In addition to regular blog postings on energy news relevant to MEMBER, TCAP has prepared and posted major reports on the history of deregulation in Texas and a history of ERCOT. TCAP consultants continuously monitor the Nymex gas market, ERCOT energy market, and economic conditions that may affect MEMBER, as well as activities at the PUC and ERCOT. Important trends are noted in consultant reports to the Board of Directors and are attached to Board Minutes. TCAP's Executive Director prepares and distributes a monthly newsletter and coordinates TCAP activities with various city coalitions and Texas Municipal League("TML"). The Executive Director monthly newsletters will also include important or trending issues in the energy markets. 5. Demand Response, Distributed Generation and Cost Savings Strategy TCAP will work with relevant service providers to make available to MEMBER competitive demand reduction programs that facilitate MEMBER's participation in TDSP and ERCOT cost reduction strategies approved by the PUC. Upon request, TCAP will monitor and evaluate demand reduction program performance metrics. TCAP will assist MEMBER in reviewing, analyzing and developing distributed generation programs that can reduce wires and energy costs and/or provide backup power to specific facilities. TCAP will assist MEMBER in meeting renewable energy goals established by MEMBER, including behind-the-meter solar projects and local wind projects. 6. Regulatory and Legislative Representation TCAP will provide representation and advocacy services on energy issues relevant to MEMBER in regulatory and legislative areas including, but not limited to, ERCOT stakeholder meetings, PUC projects and dockets, and legislative actions. 7. Strategic Hedging To the extent that there is sufficient interest and commitment of load of TCAP members within an ERCOT zone, and to the extent MEMBER has not elected a fixed-price contract for a fixed period, MEMBER will perpetually (subject to potential charter or ordinance constraints on length of contracts) commit to two-year participation obligations. MEMBER may terminate participation in the SHP,without energy price penalties and with minimal other termination fees, by providing sufficient notice as set forth herein (Section 6). A SHP price will be determined at least 9 months prior to the effective date of the price by averaging the winning bids from periodic competitive auctions that occur throughout the 24 months preceding the effective date. TCAP will direct Energy Manager to conduct the periodic competitive auctions. TCAP will have the right to audit the auction results. The auction process will be designed to identify competitively priced energy supplies from a variety of creditworthy suppliers, resulting in prices that are rarely, if ever, significantly above prevailing market prices and that should generally be less than pricing for long-term fixed priced contracts (when evaluated from a common contract start date and term). Designed to take advantage of the characteristics of the nation's well supplied energy markets, the SHP will also be flexible enough to respond to market changes when and if they occur in the future. Participation in the SHP may be viewed as a series of 24 -month forward year-to-year contracts for as long as desired by MEMBER. If MEMBER participates in the SHP, MEMBER agrees that TCAP is authorized to direct Energy Manager to procure electric energy in the wholesale market on MEMBER's behalf and that TCAP is authorized to commit MEMBER's load to periodic competitive auctions. SECTION 6 MEMBER RIGHT OF TERMINATION: A. Fixed-Term, Fixed-Price Contract MEMBER may terminate a CESA prior to the end-of-term specified in a contract subject to payment of "Liquidated Damages" prescribed in MEMBER's CESA. If MEMBER commits to a fixed multi-year term, fixed-price contract and wants to terminate the agreement prior to the end of the fixed multi-year term, liquidated damages will be based on the differential in the price of electric energy futures contracts used to support the fixed- price agreement and the price of comparable electric energy contracts at time of termination and shall also include damages prescribed herein and in the CESA,as applicable. If electric energy prices are lower at the point of termination than they were at time of contracting, MEMBER should expect to pay energy price damages upon early termination. In any event, any termination payment will be calculated and assessed in accordance with MEMBER's CESA. B. Strategic Hedging Program Since the SHP is based on a series of one-year term contracts,MEMBER is entitled to exit the program so long as notice of termination can be given prior to inclusion of MEMBER's load in the competitive auction process for a future year's price. TCAP will periodically notify MEMBER of expected procurement schedules and provide no less than 90 days prior notice of any upcoming solicitiation, and MEMBER may notify TCAP that it wants to exclude its load from the competitive auction process by giving notice at least 60 days prior to the next procurement date. Termination of involvement in SHP without appropriate notice will require calculation of damages as prescribed by CESA under Edison Electric Institute("EEI")principles with the intent of making the REP and Energy Manager whole for the termination. Liquidated damages will be based on the differential in the price of electric energy futures contracts used to support the SHP price and the price of comparable electric energy contracts at time of termination and shall also include damages prescribed herein and in the CESA, as applicable. If electric energy prices are lower at the point of termination than they were at time of contracting, MEMBER should expect to pay energy price damages upon early termination. In any event, any termination payment will be calculated and assessed in accordance with MEMBER's CESA. C. Participation in Power Projects If MEMBER has chosen to purchase power from a Power Project through TCAP, in accordance with a signed Project Addendum attached to MEMBER'S CESA,MEMBER's termination rights with respect to its commitment to purchase power from the Power Project shall be contained in the Project Addendum. SECTION 7 CONFIDENTIALITY: MEMBER is a governmental body subject to public information laws, including Chapter 552 of the Texas Government Code. If MEMBER receives a valid request under applicable public information laws for information related to this AGREEMENT or its CESA, it shall provide TCAP notice of the request including a description the information sought prior to MEMBER's release of information so that TCAP has the opportunity to determine whether such information is subject to an exception as trade secret, competitive, comercial, or financial information. With the exception of the preceding disclosures pursuant to public information laws, a Party (that party, the "Receiving Party") shall keep confidential and not disclose to third parties any information related this AGREEMENT, except for disclosures to Authorized Parties or as otherwise required by law; and provided that MEMBER authorizes TCAP to provide Energy Manager and REP with any relevant information concerning MEMBER's account, usage and billings. The provisions of this Section 7 apply regardless of fault and survive termination, cancellation, suspension, completion or expiration of this AGREEMENT for a period of two (2)years. "Authorized Parties" means those respective officers, directors, employees, agents, representatives and professional consultants of MEMBER and TCAP and each of their respective affiliates that have a need to know the confidential information for the purpose of evaluating,performing or administering this AGREEMENT. SECTION 8 PARAGRAPH HEADINGS: The paragraph headings contained in this AGREEMENT are for convenience only and shall is no way enlarge or limit the scope or meaning of the various and several paragraphs. SECTION 9 COUNTERPARTS: This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. SECTION 10 DEFINITIONS: "Annual Adjustment" shall mean either a credit to MEMBER for the over-collection of funds, or a charge to MEMBER for under-collection of funds, related to Power Project settlements, if applicable. For those MEMBERS that participate in SHP, the Annual Adjustment shall also include (i) adjustments related to the loss factor for each specific ERCOT zone and (ii) adjustments related to load reconciliation as determined by TCAP, the Energy Manager and the REP. "Energy Manager"means the wholesale market participant selected by TCAP to conduct SHP procurements at TCAP's direction, in accordance with Section 5A and Section 7 of this Agreement. The Energy Manager may sell all or a portion of the required wholesale energy to TCAP or TCAP's REP. "Power Project" means a power generation project identified by TCAP to supply electric energy to one or more TCAP Members. "Project Addendum" means the Addendum for a Power Project, if any, signed and attached as an Exhibit to MEMBER'S CESA. "QSE Services Fee" means the QSE Services Fee in affect during the Delivery Term, as agreed between TCAP and Energy Manager. "Quarterly Adjustment" shall mean either a credit to MEMBER for the over-collection of funds, or a charge to MEMBER for under-collection of funds, related to (i) ERCOT zonal congestion charges and(ii) ancillary services charges and other charges imposed by governmental agencies or ERCOT upon wholesale suppliers or REPs under statutes, regulations or courts for services within ERCOT zones. Said charges or refunds will be proportional to MEMBER's relative contribution to TCAP load within specific ERCOT zones. "Retail Electric Provider" or "REP" means the Retail Electric Provider that is party to (i) the REP Services Agreement with TCAP and (ii) the CESA between itself and MEMBER for the provision of retail electric service. "Strategic Hedging Program" or "SHP" means an energy procurement strategy approved by TCAP's Board of Directors,overseen by TCAP's designated consultants, and administered by TCAP's appointed Energy Manager, whereby wholesale energy is solicited and procured at agreed upon intervals, as directed by TCAP. EXECUTED on this the day of , 20 . MEMBER: By: Printed Name: Title: TCAP: By: Printed Name: Title: COMMERCIAL ELECTRICITY SERVICE AGREEMENT This Commercial Electricity Service Agreement, including all of the Attachments, Schedules, and Exhibits, which are attached and incorporated (collectively, the "Agreement"), is entered into between Gexa Energy, LP ("Gexa"), a Texas limited partnership, and City of Wylie ("Customer"). Gexa and Customer may be referred to individually as a "Party" or collectively as the "Parties". SECTION 1: RETAIL ELECTRIC SALES AND SERVICES 1.1 Appointment and Scope. Customer appoints Gexa as its Retail Electric Provider ("REP") for the ESI ID(s) served under this Agreement. Customer authorizes Gexa to: (i)act as Customer's REP for all purposes; and (ii) provide the services required of a REP including, without limitation, the procurement, scheduling and delivery of electricity throughout the Term to each of the ESI ID(s) in accordance with the terms set forth in this Agreement, including the Terms and Conditions of Service set forth in Attachment A. Customer's appointment imposes no other duties on Gexa other than those specified in this Agreement and the REP Services Agreement. 1.2 Agreement to Purchase. Customer shall purchase its electricity requirements from Gexa throughout the Term for each of the ESI ID(s) except as otherwise provided. The electricity and services Customer receives from Gexa is for Customer's exclusive proprietary use. Customer alone shall pay for electricity and services provided and for electricity and services Customer fails to take pursuant to its contractual obligations. If Gexa fails to deliver sufficient quantities of electricity to the TDSP for delivery to Customer or fails to schedule the delivery of sufficient quantities of electricity (collectively,a"Scheduling Failure")the TDSP is obligated by law and by its tariff to deliver sufficient electricity to satisfy Customer's needs. If a Scheduling Failure occurs, Gexa shall financially settle, at no additional cost or expense to Customer, with its Qualified Scheduling Entity (as defined by ERCOT)for the purchase of electricity necessary to cover the Scheduling Failure. 1.3 Membership in TCAP. Customer is a current member of the Texas Coalition for Affordable Power, Inc. ("TCAP"), and has entered into the Professional Services Agreement(the"PSA")authorizing the purchase of wholesale energy on behalf of the Customer by TCAP and/or TCAP's Energy Manager. Such wholesale energy purchases will affect the calculation of the Energy Price throughout the Term of this Agreement as described in Section 2. If, at any time during the Term, Customer elects to participate in a Power Purchase Agreement with a project to be developed for TCAP's members, and executes the Project Addendum for such project, then the Project Addendum will be attached hereto as Schedule I. Notwithstanding Customer's TCAP membership status, Customer agrees to fulfill all of its obligations under this Agreement, the PSA and, if applicable, the Project Addendum throughout the Term of this Agreement. 1.4 Term. (a) Effective Date and Termination Date. Gexa shall provide retail electric service under this Agreement to each ESI ID beginning on the Effective Date and Terminating on the Termination Date, as further defined in this Section 1.4(a) (such period, the "Term"). The Effective Date will occur either (i) on the date occurring on or after the Expected Start Date stated in Attachment B on which each such ESI ID is enrolled with Gexa's service for any new customer, or (ii) if Customer is an existing customer then the Expected Start Date is the meter read date following the expiration of the Customer's prior Agreement with Gexa. Gexa shall continue to provide retail electric service to each ESI ID unless or until the Customer gives notice to TCAP and Gexa of its intent to terminate its membership with TCAP ("Termination Notice").The Termination Date will occur on each respective ESI ID meter read date during the last month of the calendar year for which electricity has been purchased on Customer's behalf by either TCAP or the Energy Manager in accordance with the PSA prior to the Termination Notice, except that in no event will the Term exceed beyond December 31, 2037. For avoidance of doubt, the Termination Date for each respective ESI ID shall be the sooner to occur of (i) the meter read date occurring in the last month of the calendar year for which electricity has been purchased by either TCAP or the Energy Manager on behalf of the Customer prior to the Termination Notice or (ii) the meter read date occurring in December 2037. As a result of variations in the timing of the Effective Date described in this Section 1.3 the Term may include a partial calendar month in addition to the number of months set forth in Attachment B, if any. (b) Delayed Effective Date. Gexa shall use commercially reasonable efforts to cause the Effective Date for each ESI ID to occur on the Expected Start Date. If the Effective Date for an ESI ID occurs more than 20 days after the Expected Start Date, Customer may provide Gexa with evidence of the amount of electricity purchased by Customer from its current REP in connection with that ESI ID during the period on and after the 21st day after the Expected Start Date until the Effective Date(the"Delayed Effective Date Period"),and the total amount paid by Customer to its current REP for the electricity it purchased during the Delayed Effective Date Period (the "Delayed Effective Date Electricity Amount"). Upon receipt of evidence from Customer Gexa shall calculate and provide Customer a credit against future purchases under this Agreement equal to the positive amount resulting from the following calculation: (a) the Delayed Effective Date Electricity Amount minus (b) the amount that Customer would have paid to Gexa pursuant to this ELGCTXTCAPCESAEXTEND040920 Agreement during the Delayed Effective Date Period for the same amount of electricity purchased by Customer from its current REP during that period in connection with the affected ESI ID(s); provided, that Gexa shall not be required to provide a credit with respect to any period during a Delayed Effective Date Period where the delay was caused by an event outside of Gexa's control. (c) Service After Term. If,for any reason, service continues beyond the Term, it will be on a month-to-month basis, and the Agreement will continue in effect for the ESI ID(s) except that the Energy Price will be the greater of: (i) the Energy Price as set forth in Section 2.1 below, or (ii) the aggregate weighted average of the Market Rate (as defined herein) as determined for all of the ESI ID(s), for as long as service continues. If Customer has not switched from Gexa to another supplier at the expiration of the Term, Gexa shall serve Customer at the rate set forth in this Section for a minimum of 60 days. After those 60 days, Gexa may continue to serve Customer or terminate the Agreement and disconnect Customer. 1.5 Modifications to ESI IDs. Gexa shall work with Customer in good faith during the Term to reasonably accommodate and assist Customer with the management of its electricity needs. If at any time during the Term, Customer wants to i) add or delete one or more ESI IDs, ii) otherwise modify the ESI ID information as a result of a decision by Customer to open, close or sell a facility owned or leased by Customer, iii) expand an existing facility, or iv) increase an existing facility's metered load, then Customer shall provide written notice to Gexa of such change ("ESI ID Change Notice") . If such change to the ESI ID is expected to occur prior to the first month of any calendar year for which the Energy Price has been established as of the date of the ESI ID Change Notice, in accordance with Section 2.1 (a) of this Agreement, such notice shall include Customer's election of the "Special Load Threshold," as defined below, which will apply to such change in load. If, in Gexa's reasonable judgment, i)the addition is a separately metered load which does not exceed the applicable Special Load Threshold; or ii) does not result in a net increase in excess of the applicable Special Load Threshold for an existing facility, Gexa shall use commercially reasonable efforts to promptly implement such changes, including providing required notices to ERCOT. If the addition is a separately metered load which exceeds the applicable Special Load Threshold, or results in a net increase in excess of the applicable Special Load Threshold after consideration of any contemporaneous offsetting load decreases, Gexa shall provide service to that ESI ID and shall determine any incremental charge or credit to provide service to any changed ESI IDs. Gexa shall apply such charge or credit to the affected ESI IDs, after such charges have been reviewed by TCAP. "Special Load Threshold" shall mean additional peak demand that is reasonably expected during the first twelve months following commercial operations to exceed, at Customer's election, either (i) 0.25 MW at any time or an annual average load of 0.125 MW or(ii) 1.0 MW at any time or an annual average load of 0.5 MW. Gexa shall make periodic reports regarding changes to the billing status of any ESI ID(s) available to Customer and TCAP. Amendments that add or remove ESI ID(s)as a result of changes made pursuant to this section are incorporated into this Agreement, and are effective on the Effective Date for each ESI ID(s) added to this Agreement or the date that retail electric service for any removed ESI ID(s) ceases or is transferred to another REP. SECTION 2: RETAIL ELECTRIC ENERGY SERVICE CHARGES 2.1 Energy Price. (a) If Customer has elected to fix all or a portion of the Energy Price for a fixed term by providing an Authorized Election Form to TCAP in accordance with the PSA, the Energy Price shall equal the fixed price as determined by TCAP in accordance with the PSA, and the Authorized Election Form. Any portion of the Energy Price that is not fixed shall be noted in the Authorized Election Form, and shall be settled with Customer in accordance with Section 2.2 of this Agreement. If Customer has not made such an election, the Energy Price shall be determined in accordance with the PSA, as follows: (i) TCAP shall periodically solicit, or direct its designated Energy Manager to solicit, wholesale energy market quotes, and may direct the Energy Manager to transact at the lowest of the market quotes obtained for the purpose of serving customer's load, in accordance with the PSA (each such transacted quote, a "Wholesale Transaction"). (ii) Once TCAP has directed its Energy Manager to enter into Wholesale Transactions sufficient to serve Customer's load for a given calendar year, Energy Manager and TCAP shall establish the Energy Price for that Calendar Year in accordance with those procedures outlined in the PSA,which Customer hereby acknowledges it has reviewed and accepted. TCAP shall set the Energy Price for a given Calendar Year no later than nine (9) months prior to the start of such Calendar Year. If Customer elects to participate in a project and executes the Project Addendum, the Energy Price shall include an estimate of the Project Settlement for each month of the Calendar Year in accordance with the Project Addendum. (b) For the purposes of Section 3 the Energy Price shall be converted to dollars per kWh. 2.2 Energy Price Adjustments. 2 ELGCTXTCAPCESAEXTEND040920 (a) Energy Manager shall have the right to reconcile the revenues received from the Customer with Energy Manager's Supplier Cost on (i) a quarterly basis, by determining the Quarterly Adjustment in the manner specified in the PSA and (ii)on an annual basis, by determining the Annual Adjustment in the manner specified in the PSA. The Quarterly Adjustment and Annual Adjustment may be either a charge or a credit, and shall be collected from or remitted to Customer, as appropriate, in the manner specified in the PSA. (b) TCAP and Energy Manager may mutually agree to fix certain component charges comprising Customer's Energy Price for a given Calendar Year, if TCAP determines that fixing these charges is likely to benefit Customer. Charges that are fixed by TCAP and Energy Manager for a given Calendar Year shall not be included in the calculation of either the Quarterly Adjustment or the Annual Adjustment for such Calendar Year, in accordance with the PSA. 2.3 Additional Pass-Through Charges. Gexa shall pass through and identify separately on Customer's bill with no mark-up Delivery Charges, Non-Recurring Charges,or Taxes that are not included in the Energy Price(s). All charges are exclusive of Taxes. Pass-Through charges may include charges related to amounts owed to Gexa and/or Wholesale Supplier in accordance with Section1.3. 2.4 Tax Exempt Status. Customer shall provide Gexa with all required exemption certificates if Customer is exempt from paying any Taxes. Gexa shall not recognize an exemption without the exemption certificates and shall not be required to refund or credit previously paid Taxes unless the taxing entity sends the refund to Gexa. Gexa shall,however, assign to Customer any applicable claims for refund. SECTION 3: BILLING AND PAYMENT 3.1 Billing and Payment. Gexa shall invoice Customer's accounts on a monthly basis and shall bill Customer on a consolidated basis for all ESI IDs upon Customer's request. Gexa shall provide a summary bill for all accounts and detailed information for each account. Customer shall remit payment within 30 days of receiving the invoice. Gexa shall base the invoice amount on actual data provided by ERCOT and the TDSP. If ERCOT or the TDSP does not provide actual data in a timely manner, Gexa shall use estimated data to calculate the invoice and, upon receipt of actual data, reconcile the charges and adjust them as needed in subsequent invoices. 3.2 Project Settlement Agent Services. Gexa shall remit the total Project Settlement to the Project on a monthly basis, in accordance with the REP Services Agreement. 3.3 Late Penalties, Interest on Overdue Payments, Invoice Disputes. If Customer fails to remit all undisputed amounts on or before the due date, interest will accrue on any due and unpaid amounts from the due date at a rate of one percent per month, or the highest rate permitted by law, whichever is less. If Customer disputes a portion of an invoice it shall provide Gexa a written explanation specifying the amount in dispute and the reason for the dispute within 20 days of the invoice date. If Customer does not provide timely notice, Customer shall owe all amounts by the due date. Notwithstanding the above, if Customer notifies Gexa of a disputed invoice, regardless of whether Customer has already paid the invoice, Gexa shall make records in its possession that are reasonably necessary for Customer to determine the accuracy of the invoice available to Customer during normal business hours; provided, however that neither party may request an adjustment or correction of an invoice unless written notice of such dispute is given within twelve months after the due date of such invoice; provided further, that such twelve month limit does not apply in the case of TDSP meter tampering charges first billed to Gexa that prevent Gexa from reasonably adjusting invoices prior to the twelve month period. In all cases, Gexa and Customer shall use good faith efforts to resolve disputes. In the event the Parties are unable to resolve a dispute within ten days of the notice date, either Party may begin legal proceedings to seek resolution. Any amounts determined owed shall be paid within three days after a decision. 3.4 Aggregator Fees. Pursuant to the REP Services Agreement between Gexa and TCAP, Gexa is obligated to pay TCAP an amount determined by multiplying a TCAP Aggregation Fee by the volume consumed in association with the ESI IDs (the "Aggregator Fee"). Customer shall pay the Aggregator Fee. The initial TCAP Aggregation Fee is $0.001 per kWh, however, it may be changed by the TCAP Board of Directors at any time. Gexa shall state the Aggregator Fee as a separate line item on the Customer's bill. 3.5 Billing Guarantee. Gexa shall issue an invoice based on actual or estimated usage to Customer for every ESI ID at least one time per month. If,for reasons other than Force Majeure, Gexa fails to invoice an ESI ID within 120 days of any scheduled meter read, Gexa irrevocably waives its right to invoice Customer for any energy consumed at that ESI ID for the meter read cycle that should have been invoiced, unless not less than 10 days prior to the expiration of such 120 day period, Gexa provides Customer with a written explanation of the circumstances that prevent Gexa from issuing that invoice and the expected time by which an invoice can be issued. In such event, Customer and Gexa shall determine a reasonable extension period, not to exceed 30 days, within which an invoice will be issued. Gexa shall adjust or true- up each invoice no more than twice and Gexa shall issue such adjustments within 210 days of the initial issue date. Notwithstanding the foregoing,Gexa may issue an invoice or partial invoice arising from meter tampering charges without limitation and within a reasonable time after first billed to Gexa by the TDSP. SECTION 4: CUSTOMER INFORMATION, CREDIT AND DEPOSITS 4.1 Customer Information. By entering into this Agreement and appointing Gexa as Customer's agent for electricity service, Customer authorizes Gexa to obtain certain information that Gexa may need to provide Customer's 3 ELGCTXTCAPCESAEXTEND040920 electric service, including Customer's address, telephone number, account numbers, historical usage information, and historical payment information from Customer's TDSP, and Customer further authorizes its TDSP to release that information to Gexa. 4.2 Deposits and Other Security. A Party (the "Requesting Party") may require the other Party (the "Providing Party")to provide a deposit (or additional deposit if an initial deposit was also required), letter of credit, or other form of credit assurance reasonably acceptable to the Requesting Party (collectively, "Performance Assurance") during the Term of this Agreement if: (i)the Requesting Party determines in its reasonable discretion that there has been a material adverse change in the Providing Party's or its guarantor's (if applicable) credit status or financial condition (which, if applicable, will mean that its credit or bond rating has dropped lower than BBB- by Standard & Poor's Rating Group or Baa3 by Moody's Investor Services or ceases to be rated by either of these agencies); or (ii) Customer has been delinquent in paying the electric bill by more than seven days more than twice during the past twelve months. Any Performance Assurance, less any outstanding balance owed by Providing Party to the Requesting Party,will be returned to the Providing Party once the Providing Party's or its guarantor's (if applicable) credit or financial condition becomes satisfactory or, if applicable, to a credit or bond rating of BBB- or Baa3 or higher, whichever occurs earlier; or, if the Performance Assurance relates to delinquent payments, the Providing Party has paid all outstanding balances and has made all payments within the dates set forth in this Agreement for a period of six consecutive months. SECTION 5: EARLY TERMINATION; DAMAGES 5.1 Cancellation by Customer for Insufficient Appropriations. If, during Customer's annual appropriations determination, the applicable governmental authorities do not allocate sufficient funds to allow Customer to continue to perform its obligations under this Agreement (an"Appropriations Failure"),then Customer or Gexa shall have the right to terminate this Agreement in full or as to any affected ESI ID upon 30 days advance written notice effective at the end of the period for which appropriations are made; provided, that if appropriations are subsequently allocated for electricity for the ESI IDs covered by this Agreement, then the termination may be revoked at Gexa's option and those appropriations shall continue to apply to this Agreement and shall not be used for an electricity supply agreement with another REP. Upon a termination of this Agreement for Appropriations Failure, in full or as to any ESI ID(s), Customer shall pay all amounts due Gexa under this Agreement, including the Customer Early Termination Damages. 5.2 Customer Early Termination Damages. Except in connection with the closure of a facility associated with an ESI ID pursuant to Section 1.4, in connection with a Force Majeure Event, or as otherwise provided or excused in this Agreement, if Customer cancels this Agreement before the end of the Term and refuses to accept electric supply delivery from Gexa for any ESI ID(s), Gexa may charge Customer early termination damages equal to the sum of(a) the Retail Termination Payment, (b)the QSE Services Termination Payment, (c)the Quarterly and Annual Adjustment Payment, and (d)the Wholesale Transaction Termination Payment, as each of these terms are defined below(the sum total of these, the "Customer Early Termination Damages"). The"Retail Termination Payment"shall equal the product of (a)the Expected Usage for each ESI ID subject to Customer's cancelation or refusal of electric supply delivery("Customer Terminated Usage")multiplied by(b) the sum of(i)the Aggregator Fee and (ii)the REP Services Fee specified in the REP Services Agreement. The "QSE Services Termination Payment"shall equal the product of (a) the Customer Terminated Usage grossed up for losses multiplied by(b) the QSE Services Fee, as defined in the PSA. The "Quarterly and Annual Adjustment Payment" shall be calculated by the Energy Manager in accordance with the PSA, and shall include any Quarterly and Annual Adjustment amounts for electricity provided to the Customer under this Agreement prior to the termination of this Agreement, which have not yet been charged or credited to Customer, as appropriate. For avoidance of doubt, the Quarterly and Annual Adjustment Payment may be either a charge or a credit to Customer, as calculated in accordance with the PSA. If the Customer Early Termination Damages are charged due to an Event of Default by Customer, then the Customer Early Termination Damages will also include Gexa's reasonable costs relating to the determination and collection of Customer Early Termination Damages, including attorney and consultant fees incurred. The provisions in Section 3 related to Billing and Payment apply to the billing, due date, and collection of Customer Early Termination Damages. Customer agrees that Customer Early Termination Damages are a reasonable estimate of the damages due Gexa for failure to accept electric supply, and are not punitive in nature. 5.3 Termination for Wholesale Supply Failure. If, during the Term, the Wholesale Transactions are terminated as a result of a default by the Energy Manager ("Wholesale Supply Failure"), then this Agreement will also terminate effective on the date the Wholesale Agreement terminates. In the event of a termination for Wholesale Supply Failure, Gexa shall pay Customer a Wholesale Termination Payment if required by Section 5.5. 5.4 Gexa Early Termination Damages. Except for a Wholesale Supply Failure, a Force Majeure Event, or as otherwise provided or excused in this Agreement, if Gexa cancels this Agreement and refuses to provide electric supply delivery to Customer for any or all ESI ID(s), Customer shall have the right to charge Gexa an early termination penalty equal to the amount determined as follows: the product of (i) the Expected Usage for each ESI ID subject to Gexa's cancellation or refusal of electric supply delivery ("Gexa Terminated Usage") multiplied by (ii) the REP Services Fee specified in the REP Services Agreement (that result the "Gexa Early Termination Damages"). If the Gexa Early Termination Damages are charged due to an Event of Default by Gexa, then the Gexa Early Termination Damages will also include Customer's reasonable costs relating to the determination and collection of Gexa Early Termination 4 ELGCTXTCAPCESAEXTEND040920 Damages, including attorney and consultant fees incurred. Gexa agrees the Gexa Early Termination Damages are a reasonable estimate of the damages due Customer for failure to deliver electric supply, and are not punitive in nature. 5.5 Wholesale Transaction Termination Payment. If the Wholesale Transactions are terminated then Gexa shall calculate the portion of the termination payment paid under each Wholesale Transaction attributable to Customer's load. The termination payment under each Wholesale Transaction shall be calculated by subtracting the Wholesale Supplier's actual cost for the portion of the Wholesale Transaction still outstanding for the remainder of the Term from the current market value of comparable electric energy futures contracts. Energy Manager, in its sole discretion, shall determine the current market value of a comparable electricity futures contract within three (3) business days of the termination of a Wholesale Transaction, and shall be either (i) the value of the Wholesale Transaction actually sold to a third-party market participant or(ii)a third-party market quote for a comparable electricity energy future contracts. Energy Manager shall sum Customer's prorata share of each termination payment for each Wholesale Transaction attributable to Customer's Load to determine a total Wholesale Transaction Termination Payment under this Agreement (the "Wholesale Transaction Termination Payment"). Customer or Gexa shall pay the Wholesale Transaction Termination Payment to the other, as appropriate, in the manner described below and without regard to who is a defaulting party. If the Wholesale Transaction Termination Payment is negative, Customer shall pay Gexa the Wholesale Transaction Termination Payment. If the Wholesale Transaction Termination Payment is positive, Gexa shall pay Customer the Wholesale Transaction Termination Payment. To the extent a termination payment due from Gexa to the Energy Manager is adjusted in Gexa's account to reflect the full benefit of TCAP transacting with a replacement REP, Gexa shall make corresponding adjustments to the Wholesale Transaction Termination Payment on a pro-rata basis. Gexa shall remit a Wholesale Transaction Termination Payment due Customer, within 30 days of Gexa receiving the payment from the Energy Manager. Customer shall remit a Wholesale Transaction Termination Payment due Gexa within 30 days of Gexa's invoice. Gexa shall use commercially reasonable efforts to collect Termination Payments from the Energy Manager that include amounts due Customer. SECTION 6: NOTICES AND PAYMENT 6.1 General Notice. Except as otherwise required by Applicable Law, all notices are deemed duly delivered if hand delivered or sent by United States, prepaid first class mail,facsimile,or by overnight delivery service. Notice by facsimile or hand delivery is effective on the day actually received, notice by overnight United States mail or courier is effective on the next business day after it is sent, and notice by U.S. Mail is effective on the second day after it is sent. The Parties shall send notices to the addresses below or any other address one Party provides to the other in writing: a. If to Customer(type customer address below): City of Wylie 300 Country Club Road Building 100 Wylie, TX 75098 b. If to Gexa: Gexa Energy, LP 20455 State Highway 249, Suite 200 Houston, Texas 77070 6.2 Payments. The Parties shall send payments to the addresses below or any other address one Party provides to the other in writing: a. If to Customer(type customer address below): City of Wylie 300 Country Club Road Building 100 Wylie, TX 75098 b. If to Gexa: Gexa Energy, LP 20455 State Highway 249, Suite 200 Houston, Texas 77070 5 ELGCTXTCAPCESAEXTEND040920 SECTION 7: DEFINITIONS 7.1 Definitions. In addition to terms defined elsewhere in this Agreement, when used with initial capitalization, whether singular or plural, capitalized terms have the meanings set forth in this Section 7.1. All other capitalized terms not otherwise defined shall have the meanings given them in the following documents, with any conflicting definitions contained in those documents applied in the following order: PURA, the PUCT Substantive Rules, and the ERCOT Protocols. 1. "Actual Usage" means the actual amount of electric energy (in kWh) used at the ESI ID(s) as determined by the TDSP. 2. "Delivery Charges" means those charges or credits from the TDSP pursuant to its tariff, including, but not limited to: Transmission and Distribution Charges, System Benefit Fund Charge, Nuclear Decommissioning Charge, Competitive Transition Charge, Standard Customer Metering Charge, Customer Charge, Merger Savings and Rate Reduction Credit, Excess Mitigation Credit and Utility Imposed Reactive Power Charges. 3. "EEI Master Agreement" mean an EEI Master Agreement between Gexa and the Energy Manager governing the Wholesale Transactions entered into by the Energy Manager in accordance with Section 2.1 and transferred by the Energy Manager to Gexa. 4. "Effective Date" means the date of the first meter reading of an ESI ID provided to Gexa by the TDSP after the TDSP and ERCOT shall have timely performed any required enrollment and cancellation procedures necessary to switch Customer's REP to such ESI ID to Gexa. 5. "Electricity Related Charges" means, unless noted otherwise: Ancillary Services Charge, Congestion, ERCOT Administrative Fee, Delivery Loss Charge, Transmission Loss Charge, Renewable Energy Credit Charge, Residential Energy Credit Charge, Unaccounted For Energy Charge, Qualified Scheduling Entity Charge, Imbalance Settlement Charge. 6. Energy Manager" means the wholesale market participant designated by TCAP to perform the services described in the PSA. 7. "Energy Price(s)" means the rates per unit of measure specified in Section 2.1 and includes all Electricity Related Charges. 8. "ERCOT" means the Electric Reliability Council of Texas. 9. "ERCOT Protocols" means the document adopted, published, and amended from time to time by ERCOT, and initially approved by the PUCT, to govern electric transactions in the ERCOT Region, including any attachments or exhibits referenced in the document, that contains the scheduling, operating, planning, reliability, and settlement policies, rules, guidelines, procedures, standards, and criteria of ERCOT, or any successor document thereto. 10. "ESI ID(s)" means the Electric Service Identifiers for the property service addresses identified on Attachment B to this Agreement or if Customer is an existing Gexa customer then the list of service addresses currently served by Gexa, as such list may be modified from time to time as provided in Section 1.4. 11. "Expected Usage"means either the amount stated in Attachment B calculated for the remaining Term, or if no amounts are stated or Customer is an existing Gexa customer then the average actual monthly Customer energy usage from the comparable month from the previous year(or if an average cannot be computed due to limited service by Gexa or other circumstances, an average monthly usage as is reasonably determined by Gexa)times the number of months remaining in the Term as outlined in Section 1.4. 12. "kWh" means kilowatt hour. 13. "LMP"or "Locational Marginal Price"means the price calculated for the applicable trading hub pursuant to the ERCOT Protocols. 14. "Market Rate" means 135% of the load-weighted average of the hourly LMPs at the corresponding load zone, as determined for any delivery period. 15. "Nodal Market" means the implementation of wholesale market design by ERCOT with locational marginal pricing for resources. 16. "Nodal Congestion" means the positive difference in price between the real-time settlement point price as determined by ERCOT for the trading hub and the real-time settlement point price as determined by ERCOT for the load zone associated with the customer Facilities. 17. "Non-Recurring Charges" means any charges imposed by the TDSP or other third parties on a non-recurring basis for services, repairs or additional equipment needed for Customer's electric service. 18. "PUCT"means Public Utility Commission of Texas. 6 ELGCTXTCAPCESAEXTEND040920 19. "Project Settlement Payment"means the Project Settlement Payment as defined in the Project Addendum, attached as Schedule Ito this Agreement. 20. "QSE Services Fee" means the fee owed from Customer to Gexa, and remitted from Gexa to Energy Manager, for QSE Services performed by Energy Manager for the Term, as mutually agreed between TCAP and Energy Manager, the Customer having authorized TCAP to negotiate such fee on behalf of Customer in the PSA. The QSE Services Fee shall be included in the Energy Price for the Term. 21. "REP Services Agreement" means the REP Services Agreement currently in effect during the Term, as amended from time to time, between Gexa and TCAP. 22. "REP Services Fee" means the fee owed from Customer to Gexa,for REP services rendered during the Term, as mutually agreed between TCAP and Gexa, the Customer having authorized TCAP to negotiate such fee on behalf of Customer in the PSA. The REP Services Fee shall be included in the Energy Price for the Term. 23. "Taxes" means all taxes, assessments, levies, duties, charges, fees and withholdings of any kind levied by a duly-constituted taxing authority and all penalties, fines, and additions to tax, and interest thereon that are directly related to the services provided under this Agreement, but does not include the System Benefit Fund fee and fees and charges imposed by ERCOT. By way of example only, Taxes includes: Sales Tax, Miscellaneous Gross Receipts Tax, PUCT Assessment Fees and Franchise Fees. 24. `TCAP"means Texas Coalition for Affordable Power, an aggregation pool of governmental and other entities organized and administered by TCAP of which Customer is a member for the ESI IDs. 25. "TDSP" or"Transmission and Distribution Service Provider" means an entity regulated by the State of Texas, which transmits or distributes electric energy. Attachments: Attachment A Terms and Conditions of Service Attachment B (for new TCAP Customers only) Offer Sheet(ESI ID list and Expected Start Date) CUSTOMER (type Customer name in field below): GEXA: Gexa Energy, LP, By its General Partner Gexa City of Wylie Energy GP, LLC By: By: Printed: Printed: Title: Title: Date: Date: 7 ELGCTXTCAPCESAEXTEND040920 Terms and Conditions of Service Attachment A These Terms and Conditions of Service form an integral part of the Commercial Electricity Service Agreement between Customer and Gexa. In addition to the terms defined elsewhere in this Agreement,when used with initial capitalization,whether singular or plural, capitalized terms have the meanings set forth in Section 7.1 of this Agreement. Customer should thoroughly review the entire Agreement, including these Terms and Conditions of Service, before executing this Agreement. A. REPRESENTATIONS AND WARRANTIES A.1 Customer's Representations and Warranties. As a material inducement to entering into this Agreement,Customer represents and warrants to Gexa as follows: (a)it is a duly organized entity and is in good standing under the laws of Texas; (b)the execution and delivery of the Agreement are within its powers, have been duly authorized by all necessary action, and do not violate the terms or conditions of contracts it is party to or laws applicable to it; (c) performance of this Agreement will be duly authorized by all necessary action and will not violate the terms or conditions of contracts it is party to; (d) as of the date sales of electricity by Gexa to Customer under the Agreement start, Customer will have all regulatory authorizations necessary for it to legally perform its operations and such performance will not violate the terms or conditions of contracts it is party to or laws applicable to it; (e)this Agreement is a legal, valid, and binding obligation of Customer enforceable against it in accordance with its terms,subject to bankruptcy, insolvency, reorganization, and other laws affecting creditor's rights generally, and with regard to equitable remedies, subject to the discretion of the court before which proceedings to obtain the same may be pending; (f) there are no bankruptcy, insolvency, reorganization, receivership, or other similar proceedings pending or being contemplated by it, or to its knowledge threatened against it; (g)there are no suits, proceedings, judgments, rulings,or orders by or before any court or any government authority that could materially adversely affect its ability to perform the Agreement; and (h) as of the Effective Date and throughout the Term, there is no other contract for the purchase of electricity by Customer for the ESI ID(s), or, if such a contract presently exists,that it will terminate prior to delivery under this Agreement. A.2 Gexa's Representations and Warranties. As a material inducement to entering into this Agreement, Gexa represents and warrants to Customer as follows: (a) it is duly organized, validly existing, and in good standing under the laws of the jurisdiction of its formation and is qualified to conduct its business in those jurisdictions necessary to perform the Agreement;(b)the execution and delivery of the Agreement are within its powers, have been duly authorized by all necessary action, and do not violate the terms or conditions of its governing documents or contracts it is party to or any laws applicable to it; (c) performance of the Agreement will be duly authorized by all necessary action and will not violate the terms or conditions of its governing documents or contracts it is party to; (d)as of the date sales of electricity by Gexa to Customer under the Agreement start, Gexa will have all regulatory authorizations necessary for it to legally perform its operations and such performance will not violate the terms or conditions of its governing documents, contracts it is party to, or laws applicable to it; and (e) the Agreement constitutes a legal, valid, and binding obligation of Gexa enforceable against it in accordance with its terms, subject to bankruptcy, insolvency, reorganization, and other laws affecting creditor's rights generally, and with regard to equitable remedies, subject to the discretion of the court before which proceedings to obtain the same may be pending. A.3 Forward Contract. (i)This Agreement constitutes a forward contract within the meaning of the United States Bankruptcy Code ("Code"); (ii) Gexa is a forward contract merchant; and (iii) either Party is entitled to the rights under, and protections afforded by, the Code. B. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITIES B.1 LIMITATIONS OF LIABILITY. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR AS OTHERWISE PROVIDED, ARE LIMITED TO DIRECT ACTUAL DAMAGES. GEXA IS NOT LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OR LOSS OF REVENUES OR PROFIT. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY LIABILITY OR DAMAGE. EXCEPT FOR(a)THE GEXA EARLY TERMINATION DAMAGES DUE IF GEXA DEFAULTS, (b) THE CUSTOMER EARLY TERMINATION DAMAGES DUE IF CUSTOMER DEFAULTS, AND (c) THE WHOLESALE TRANSACTION TERMINATION PAYMENT, THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL DOLLARS PAID BY CUSTOMER TO GEXA(IF CUSTOMER)OR RECEIVED BY GEXA(IF GEXA) PURSUANT TO THIS AGREEMENT. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. B.2 Duty to Mitigate. Each Party shall mitigate damages and use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party's performance or non-performance. B.3 WAIVER OF CUSTOMER PROTECTION RULES AND CONSUMER RIGHTS. THE PARTIES FURTHER ACKNOWLEDGE THAT THE CUSTOMER PROTECTION RULES ADOPTED BY THE PUBLIC UTILITY COMMISSION (AS CONTAINED IN ITS SUBSTANTIVE RULES 25.471 ET SEQ.) ("CUSTOMER PROTECTION RULES") THAT PERTAIN TO RETAIL ELECTRIC SERVICE RELATED TO RESCISSION RIGHTS, CUSTOMER DISCLOSURES, DELIVERY OF CUSTOMER CONTRACTS TO CUSTOMERS, RECORDKEEPING, INTEREST PAID ON DEPOSITS AND CUSTOMER NOTICES DO NOT APPLY TO THIS AGREEMENT. EXCEPT AS SET FORTH IN THIS SECTION, CUSTOMER EXPRESSLY WAIVES THE CUSTOMER PROTECTION RULES THAT PERTAIN TO RETAIL ELECTRIC SERVICE RELATED TO RESCISSION RIGHTS, CUSTOMER DISCLOSURES, DELIVERY OF CUSTOMER CONTRACTS TO CUSTOMERS, RECORDKEEPING, INTEREST PAID ON DEPOSITS AND CUSTOMER NOTICES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. CUSTOMER FURTHER WAIVES ITS RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES--CONSUMER PROTECTION ACT, SECTION 17.41, ET. SEQ., BUSINESS &COMMERCE CODE, A LAW THAT GIVES CONSUMERS A-1 ELGCTXTCAPCESATERMA040920 SPECIAL RIGHTS AND PROTECTIONS. CUSTOMER REPRESENTS AND WARRANTS TO GEXA THAT: (a) CUSTOMER IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION IN RELATION TO GEXA; (b) CUSTOMER IS REPRESENTED BY LEGAL COUNSEL THAT WAS NEITHER DIRECTLY NOR INDIRECTLY IDENTIFIED, SUGGESTED OR SELECTED BY GEXA; AND (c) CUSTOMER VOLUNTARILY CONSENTS TO THIS WAIVER AFTER CONSULTATION WITH ITS LEGAL COUNSEL. B.4 UCC/Disclaimer of Warranties. The electricity delivered is a "good" as that term is understood in the Texas B&CC (UCC §2.105). The Parties waive the UCC to the fullest extent allowed by law and the UCC requirements do not apply to this Agreement, unless otherwise provided. If there is a conflict between the UCC and this Agreement, this Agreement controls. Neither Party controls nor physically takes possession of the electric energy prior to delivery to Customer's ESI ID(s). Therefore, neither Party is responsible to the other for any damages associated with failure to deliver the electric energy, nor for damages it may cause prior to delivery to Customer's ESI ID(s). Once the electric energy is delivered to Customer's ESI ID(s)it is deemed in possession and control of Customer. ELECTRICITY SOLD UNDER THIS AGREEMENT WILL MEET THE QUALITY STANDARDS OF THE APPLICABLE LOCAL DISTRIBUTION UTILITY AND WILL BE SUPPLIED FROM A VARIETY OF SOURCES. GEXA MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND GEXA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GEXA EXPRESSLY NEGATES ALL OTHER REPRESENTATIONS OR WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF WARRANTY WITH RESPECT TO CONFORMITY, TO MODELS OR SAMPLES, MERCHANTABILITY,OR FITNESS FOR A PARTICULAR PURPOSE. B.5 Force Majeure. Gexa shall make commercially reasonable efforts to provide electric service, but does not guarantee a continuous supply of electricity. Gexa does not generate electricity nor does it transmit or distribute electricity. Causes and events out of the control of Gexa and Customer("Force Majeure Event(s)")may result in interruptions in service or the ability to accept electricity. If either Party is unable to perform its obligations, in whole or in part, due to a Force Majeure Event,then the obligations of the affected Party(other than the obligation to pay any amounts owed to Gexa that relate to periods prior to the Force Majeure Event)are suspended to the extent made necessary by such Force Majeure Event. Therefore, neither Party is liable to the other Party for damages caused by Force Majeure Events, including acts of God, acts of, or the failure to act by, any governmental authority(including the PUCT or ERCOT and specifically including failure by ERCOT to make Customer meter read data available), accidents, strikes, labor troubles, required maintenance work, events of "force majeure" or "uncontrollable force" or a similar term as defined under the applicable transmission provider's tariff, inability to access the local distribution utility system, non-performance by the supplier or the local distribution utility, changes in laws, rules, or regulations of any governmental authority (including the PUCT or ERCOT) that would prevent the physical delivery of energy to Customer's facilities, or any cause beyond such Party's control. The Parties agree that Appropriations Failures and Scheduling Failures are not Force Majeure Events. C. CONFIDENTIALITY AGREEMENT C.1 Confidentiality. Customer is a governmental body subject to public information laws, including Chapter 552 of the Texas Government Code. If Customer recieves a valid request under applicable public information laws for information related to this Agreement, it shall provide Gexa notice of the request including a description the information sought prior to Customer's release of information so that Gexa has the opportunity to determine whether such information is subject to an exception as trade secret,competitive, comercial, or financial information. With the exception of the preceding disclosures pursuant to public infromation laws, a Party (that party, the"Receiving Party")shall keep confidential and not disclose any to third parties Confidential Information which is disclosed to the Receiving Party by the other Party(that party,the"Disclosing Party")except for disclosures to Authorized Parties or as required by law. "Confidential Information"means information in written or other tangible form which is marked as"Confidential"when it is disclosed to the Receiving Party, except that Confidential Information shall not include information which (i) is available to the public, (ii) becomes available to the public other than as a result of a breach by the Receiving Party of its obligations hereunder, (iii) was known to the Receiving Party prior to its disclosure by the Disclosing Party, or (iv) becomes known to the Receiving Party thereafter other than by disclosure by the Disclosing Party. The provisions of this Section apply regardless of fault and survive termination, cancellation, suspension, completion or expiration of this Agreement for a period of two (2)years. Customer authorizes Gexa to provide TCAP with all information requested by TCAP about Customer's account and billings. "Authorized Parties" means those officers, directors, employees, agents, representatives and professional consultants of the Parties, and of the Parties' affiliates, that have a need to know the Confidential Information for the purpose of evaluating and performing this Agreement. D. DEFAULT AND REMEDIES D.1 Events of Default. An event of default("Event of Default")means: (a)the failure of Customer to make,when due,any payment required under this Agreement for any undisputed amount if that payment is not made within fifteen (15) business days after receipt of written notice (facsimile or electronic mail are valid forms of notice for this paragraph)from Gexa; or(b) any representation or warranty made by a Party proves to be false or misleading in any material respect; (c)except as provided in clause(a)above or otherwise in this section D.1,the failure of any Party to perform its obligations under this Agreement and that failure is not excused by Force Majeure and remains uncured following 20 business days written notice of the failure; (d)the defaulting Party(i)makes an assignment or any general arrangement for the benefit of creditors; or (ii) files a petition or otherwise commences, authorizes or acquiesces to a bankruptcy proceeding or similar proceeding for the protection of creditors, or has such a petition filed against it and that petition is not withdrawn or dismissed within 20 business days after filing; or(iii)otherwise becomes insolvent; or(iv)is unable to pay its debts when due; or(v)fails to establish, maintain or extend Credit in form and in an amount acceptable to Gexa when required; or(e)the Wholesale Transaction is terminated due to a default by Gexa under CESAs with other TCAP members or due to a default by the Energy Manager under the A-2 ELGCTXTCAPCESATERMA040920 Wholesale Transaction. If an Event of Default listed in subsection (d)of this Section occurs, it is deemed to have automatically occurred prior to such event. D.2 Remedies upon an Event of Default. If an Event of Default occurs and is continuing, upon written notice to the defaulting Party,the non-defaulting Party may(a)commence an action to require the defaulting Party to remedy such default and specifically perform its duties and obligations in accordance with the Agreement; (b)exercise any other rights and remedies it has at equity or at law, subject to the Agreement's Limitations of Liabilities; and/or(c)suspend performance; provided, however, that suspension shall not continue for longer than ten (10)Business Days unless the non-defaulting Party has declared an early termination with proper notice. If Customer is responsible for an Event of Default and fails to cure within ten (10)days of written notice(such additional cure period does not apply to default for non-payment), in addition to its other remedies,Gexa may(i)terminate this Agreement;and(ii)charge Customer the Customer Early Termination Penalty pursuant to Section 5 of this Agreement. Notwithstanding the above, Gexa shall not disconnect or order disconnection of service to Customer unless the following events have all occurred:(1)Customer has an Event of Default for nonpayment under Section D.1(a) above, (2) Gexa gives Customer a ten (10) day written disconnection notice; and (3) Customer does not pay all undisputed outstanding payments owed by the end of the ten (10)day notice period. . E. MISCELLANEOUS PROVISIONS E.1 Disclaimer. This Agreement does not constitute, create, or otherwise recognize the existence of a joint venture, association, partnership,or other formal business entity of any kind among the Parties and the rights and obligations of the Parties are limited to those set forth in this Agreement. E.2 Headings. The descriptive headings of the Articles and Sections of this Agreement are inserted for convenience only and are not intended to affect the meaning, interpretation or construction of this Agreement. E.3 Waiver. Except as otherwise provided, failure of a Party to comply with an obligation, covenant, agreement, or condition may be waived by the other Party only in a writing signed by the Party granting the waiver, but that waiver does not constitute a waiver of, or estoppel with respect to a subsequent failure of the first Party to comply with that obligation, covenant, agreement, or condition. E.4 Assignment. Except as provided in the REP Services Agreement, Customer shall not assign this Agreement, in whole or in part, or any of its rights or obligations purusant to the Agreement without Gexa's prior written consent, which shall not be unreasonably withheld.Gexa may withold consent if a proposed assignee fails to be at least as creditworthy as Customer as of the Effective Date.Gexa may: (a)transfer, sell, pledge, encumber or assign the revenues or proceeds of this Agreement in connection with any financing or other financial arrangement; (b) transfer or assign this Agreement to a Gexa affiliate with operating capability and financial condition substantially similar to Gexa; (c) transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets of Gexa with an operating capability and financial condition substantially similar to Gexa as of the execution date of this Agreement; and/or(d)transfer or assign this Agreement to a certified REP with an operating capability and financial condition substantially similar to Gexa as of the execution date of this Agreement. In the case of(b), (c), or(d), any such assignee shall agree in writing to be bound by these Terms and Conditions of Service, and upon assignment, Gexa shall have no further obligations under this Agreement. Gexa shall not assign the Agreement to a non-affiliated entity (including its guarantor) that has a credit rating lower than BBB- without the prior written consent of TCAP,which shall not be unreasonably withheld. E.5 No Third-Party Beneficiaries. This Agreement does not confer any rights or remedies on any person or party other than the Parties,their successors and permitted assigns; except that the Parties recognize that TCAP is entitled to receive the Aggegator Fee . E.6 Severability. If a provision of this Agreement is held to be unenforceable or invalid by a court or regulatory authority of competent jurisdiction,the validity and enforceability of the remaining provisions are unaffected by that holding, and the Parties shall, to the extent possible, negotiate an equitable adjustment to the provisions of this Agreement in order to preserve the original intent and purpose of this Agreement. E.7 Entire Agreement; Amendments. This Agreement constitutes the entire understanding between the Parties, and supersedes any and all previous understandings, oral or written, with respect to the subjects it covers. This Agreement may be amended only upon the mutually signed, written agreement of the Parties. E.8 Further Assurances. The Parties shall promptly execute and deliver, at the expense of the Party requesting such action, any and all other and further instruments and documents which are reasonably requested in order to effectuate the transactions contemplated in this Agreement. E.9 Emergency, Outage and Wire Service. In the event of an emergency, outage or service need, Customer shall call the TDSP for the service area of the ESI ID experiencing the emergency, outage or service need. E.10 Customer Care. Customer may contact Gexa Customer Care if Customer has specific comments, questions, disputes, or complaints toll free at 1-866-961-9399, Monday to Friday 7:00 a.m. —8:00 p.m. CST and Saturday from 8:00 a.m. —2:00 p.m.. Gexa shall assist and cooperate with Customer regarding communications with a TDSP relating to service to any ESI ID served by Gexa under this Agreement. E.11 Governing Law. a. This Agreement is governed by and construed and enforced in accordance with the laws of the State of Texas applicable to contracts made and performed in the State of Texas, without regard to the State of Texas conflict of laws provisions. b. All disputes between the Parties under this Agreement which are not otherwise settled will be decided by a court of competent jurisdiction in Harris County,Texas,and the Parties submit to the jurisdiction of the courts of the State of Texas and the Federal District Courts in Houston, Harris County,Texas. All disputes are governed under the laws of the State of Texas. c. Subject to the provisions of E.11.a. above, this Agreement is subject to, and in the performance of their respective obligations under this Agreement the Parties shall comply with, all applicable federal, state and local laws, regulations and requirements (including the rules, regulations and requirements of quasigovernmental and regulatory authorities with jurisdiction over the Parties, including ERCOT)(collectively, "Applicable Law"). A-3 ELGCTXTCAPCESATERMA040920 E.12 No Presumption Against Drafting. Both Parties contributed to the drafting of this Agreement. The rule of construction that any ambiguity is construed against the party who drafted this Agreement does not apply to this Agreement. E.13 Counterparts; Facsimile Copies. This Agreement may be executed in counterparts, all of which constitute one and the same Agreement and each is deemed an original. A facsimile copy of either Party's signature is considered an original for all purposes, and each Party shall provide its original signature upon request. E.15 Offer for Electric Service; Refusal of Service. This Agreement, including these Terms and Conditions of Service,constitute an offer for electric service, and is expressly conditioned on acceptance of this Agreement by Gexa. Gexa may refuse to provide electric service to Customer subject to the requirements of Applicable Law. A-4 ELGCTXTCAPCESATERMA040920 lAI fN Wylie City Council CITY OF WYLI E AGENDA REPORT Meeting Date: August 25, 2020 Item Number: H 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 July 31, 2020. Recommendation Motion to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of July 31, 2020. Discussion The Wylie Economic Development Corporation(WEDC)Board of Directors approved the attached financials on August 19, 2020. Page 1 of 1 Wylie Economic Development Corporation MONTHLY FINANCIAL REPORT July 31,2020 ANNUAL CURRENT PRIOR YEAR PO YTD YTD ACTUAL BUDGET BALANCE %OF BUDGET BUDGET MONTH ADJUST. ENCUMBRANCE ACCOUNT DESCRIPTION FY 2019-2020 FY 2019-2020 FY 2019-2020 FY 2019-2020 REVENUE SUMMARY CLAIM ON CASH/Bal Sheet $ 286,072.00 $ 2,764,452.12 SALES TAX $ 2,948,400.00 $ 296,954.31 $ - $ 2,064,819.26 $ - $ 883,580.74 70.03% A ALLOCATED INTEREST EARNING: $ 6,000.00 $ 165.08 $ - $ 3,742.32 $ - $ 2,257.68 62.37% RENTAL INCOME $ 155,040.00 $ 13,220.00 $ - $ 127,462.00 $ - $ 27,578.00 82.21% 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 $ 310,339.39 $ - $3,704,249.05 $ - $ 2,183,916.95 62.91% EXPENDITURE SUMMARY PERSONNEL $ 440,285.00 $ 32,494.60 $ - $ 435,942.99 $ - $ 4,342.01 99.01% OPERATING EXPENSES $ 73,509.00 $ 12,933.96 $ - $ 57,620.02 $ 678.56 $ 15,210.42 79.31% C INCENTIVES $ 551,291.00 $ - $ - $ 405,212.10 $ - $ 146,078.90 73.50% SPECIAL SERVICES $ 162,871.00 $ 5,366.39 $ - $ 135,133.12 $ 6,428.05 $ 21,309.83 86.92% ADVERTISING $ 127,600.00 $ - $ - $ 41,799.27 $ 466.50 $ 85,334.23 33.12% COMMUNITY DEVELOPMENT $ 43,350.00 $ - $ - $ 32,787.78 $ 2,001.83 $ 8,560.39 80.25% TRAVEL&TRAINING $ 31,317.00 $ 2,453.27 $ - $ 14,673.27 $ 4,397.11 $ 12,246.62 60.89% DUES&SUBSCRIPTIONS $ 19,567.00 $ 668.42 $ - $ 14,230.72 $ 85.00 $ 5,251.28 73.16% AUDIT&LEGAL $ 23,000.00 $ 945.00 $ - $ 20,047.52 $ 645.00 $ 2,307.48 89.97% ENGINEERING&ARCHITECTURAL $ 35,000.00 $ 90.00 $ - $ 31,416.60 $ - $ 3,583.40 89.76% DEBT SERVICE $ 2,267,432.00 $ 56,063.62 $ - $ 584,190.98 $ - $ 1,683,241.02 25.76% LAND $ 1,456,906.00 $ - $ - $ 1,315,858.03 $ - $ 141,047.97 90.32% B INFRASTRUCTURE PROJECTS $ 573,000.00 $ - $ - $ 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 $ 111,015.26 $ - $1,774,043.00 $ 14,702.05 $ 4,016,882.95 30.81% REV OVER/(UNDER) EXPEN $ 82,538.00 $ 199,324.13 $ - $1,930,206.05 $ (14,702.05) $ (1,832,966.00) A. SLSTX Rev earned in May,allocated in July,was$296,954.31,an increase of 38.05%over the same period in 2019. Sales Tax received for 8 months of FY due to 2 month accrual to prior FY. B. Property Acquistions near Hwy 78 and Brown:City ROW,Collin County Properties,TxDOT pending 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 July 31, 2020 Assets Cash and cash equivalents $ 2,766,452.12 Receivables $ 70,000.00 Note 1 Inventories $ 12,088,145.50 Prepaid Items $ - Total Assets $ 14,924,597.62 Deferred Outflows of Resources Pensions $ 134,955.55 Total deferred outflows of resources $ 134,955.55 Liabilities Accounts Payable and other current liabilities $ 7,628.62 Unearned Revenue $ 40,200.00 Note 2 Non current liabilities: Due within one year $ 308,776.21 Note 3 Due in more than one year $ 6,741,318.97 Total Liabilities $ 7,097,923.80 Deferred Inflows of Resources Pensions $ (1,490.41) Total deferred inflows of resources $ (1,490.41) Net Position Net investment in capital assets $ - Unrestricted $ 7,963,119.78 Total Net Position $ 7,963,119.78 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 8-14-2020 10:58 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JULY 31ST, 2020 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 2,764,452.12 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 15,776,397.62 TOTAL ASSETS 15,776,397.62 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 1.59 2000-20117 TMRS PAYABLE 1,871.31 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 5,695.72 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 8-14-2020 10:58 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JULY 31ST, 2020 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-20201 AP PENDING 0.00 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 899,628.62 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 3,704,249.05 TOTAL EXPENSES 1,774,043.00 REVENUE OVER/(UNDER) EXPENSES 1,930,206.05 TOTAL EQUITY & OVER/(UNDER) 14,876,769.00 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 15,776,397.62 8-14-2020 10:58 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: JULY 31ST, 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 203,625.00 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 7,050,095.18 8-14-2020 10:58 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JULY 31ST, 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 ( 317,656.54) REVENUE OVER/(UNDER) EXPENSES ( 678,843.93) TOTAL EQUITY & OVER/(UNDER) ( 6,916,630.04) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 133,465.14 Wylie Economic Development Corporation SALES TAX REPORT July 31, 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 $ 296,954.00 $ 81,846.06 38.05% 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 $ 2,064,818.96 $ 204,532.71 10.99% Total $ 2,627,376.22 $ 2,562,759.35 $ 2,920,137.37 $ 2,064,818.96 $ 204,532.71 10.99% WEDC Sales Tax Analysis $400,000 $350,000 $300,000 $250,000 $200,000 I 2019 $150,000 ■2020 $100,000 $50,000 $0 Oe`e��ei ,a,�acJ �e.,„0 .tv'D P��\ �aJ ,��e ,J�J J��S� Qe��ec OG�o�ec � e��ec P w 5e IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: I Department: Public Works (City Secretary's Use Only) Prepared By: Tim Porter Account Code: Date Prepared: August 5, 2020 Exhibits: 2 Subject Consider, and act upon, Resolution No. 2020-45(R) of the City Council of the City of Wylie, Texas, authorizing the City Manager of the City of Wylie, Texas, or His Designee, to execute an Interlocal Agreement between the Wylie Northeast Special Utility District and the City of Wylie to provide for the operation and maintenance of Fixed Base Meter Reading Antennas, and to take any and all other actions necessary to effectuate the same; and providing for an effective date hereof. Recommendation Motion to approve Resolution No. 2020-45(R) of the City Council of the City of Wylie, Texas, authorizing the City Manager of the City of Wylie, Texas, or His Designee, to execute an Interlocal Agreement between the Wylie Northeast Special Utility District and the City of Wylie to provide for the operation and maintenance of Fixed Base Meter Reading Antennas, and to take any and all other actions necessary to effectuate the same; and providing for an effective date hereof. Discussion On June 23, 2020, Council approved the award of RFQ #W2019-92-E Phase II Construction Contract for a Comprehensive Water and Energy Efficiency Program to Johnson Controls LLC. Phase II of the project encompasses the construction of the Automated Meter Infrastructure (AMI) and includes installation of the new water meters, software for a customer portal and the setup of the network that will support billing data collection. This network requires five (5) Gateway Collectors to be placed strategically for the best coverage. The recommended sites have a predicted coverage of greater than 99%. One of the recommended site locations is a Wylie Northeast Special Utility District elevated storage tank located at Parker Road. Wylie Northeast SUD is also building a network for the same purpose and would like to place one of their network collectors at a City-owned communications tower located in Wylie Lakes. Staff recommends approving a resolution to execute an Interlocal Agreement between City of Wylie and Wylie Northeast SUD to provide for the operation and maintenance of fixed base meter reading antennas (connectors). Page 1 of 1 RESOLUTION NO. 2020-45(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE WYLIE NORTHEAST SPECIAL UTILITY DISTRICT AND THE CITY OF WYLIE TO PROVIDE FOR THE OPERATION AND MAINTENANCE OF FIXED BASE METER READING ANTENNAS, AND TO TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, Wylie Northeast Special Utility District (the "District") and the City of Wylie, Texas ("Wylie") have the authority to enter into an interlocal agreement pursuant to the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code; and WHEREAS, the District and Wylie desire to enter into an interlocal agreement regarding the operation and maintenance of fixed based meter reading antennas, as described in the Interlocal Agreement attached hereto as Exhibit 1 (the "Agreement"); and WHEREAS, Wylie is authorized by law to perform the services it is required to perform under the Agreement; and WHEREAS, the City Council finds that adopting this resolution and approving the Agreement will promote the health, safety and welfare of Wylie's citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein. SECTION 2. The Wylie City Manager, or his designee, is hereby authorized to execute, on behalf of Wylie, the Agreement, in the form attached hereto as Exhibit 1, and to take any and all other actions necessary to effectuate the same. Should the final, executed version of the Agreement be modified from the version attached as Exhibit 1, such final, executed version shall replace Exhibit 1 of this resolution for all purposes. SECTION 3. A copy of this resolution shall be forwarded to the District. SECTION 4. This resolution shall be effective immediately upon its passage. [The remainder of this page intentionally left blank.] Resolution No. 2020-45(R)Interlocal Agreement with Wylie Northeast Special Utility District Page 1 of 3 3145700 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 25 day of August 2020. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2020-45(R)Interlocal Agreement with Wylie Northeast Special Utility District Page 2 of 3 3145700 Exhibit 1 Form of Agreement Resolution No. 2020-45(R)Interlocal Agreement with Wylie Northeast Special Utility District Page 3 of 3 3145700 INTERLOCAL AGREEMENT FOR THE MUTUAL PLACEMENT AND OPERATION OF ANTENNA FACILITIES This Interlocal Agreement for the Mutual Placement and Operation of Antenna Facilities ("Agreement") is made by and between the City of Wylie, a Texas home-rule municipality (the "City"), and the Wylie Northeast Special Utility District, a political subdivision of the State of Texas (the "District"). WHEREAS, the District is a retail public utility that owns and operates a water utility system which relies on wireless radio meter reading technology to transmit customer water usage data from the field; and WHEREAS, the City operates a municipally owned public utility that owns and operates separate a water utility system which relies on wireless radio meter reading technology to transmit customer water usage data from the field; and WHEREAS, the City owns and operates a communications tower on City-owned property located in the City; and WHEREAS, the District has determined that installing a Fixed Base Meter Reading Antenna on a City-owned communications tower located at the Colby Street Lift Station will allow full coverage of the District's water service area; and WHEREAS, the District owns and operates a water tower on District-owned property located in the City; and WHEREAS, the City has determined that installing a Fixed Base Meter Reading Antenna on a District-owned water tower located at 721 Parker Road (C.R. 725), Wylie, Texas, will allow full coverage of the City's water service area. NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and the District agree as follows: 1. Permitted Tower Uses. (a)The City will allow the District to install and operate a Fixed Base Meter Reading Antenna on the City-owned communications tower situated on the following property: Lot 19, Block D, WYLIE LAKES, PHASE 1A, an addition to the City of Wylie, Texas, according INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST SUD Amended Mutual Tower Lease with Wylie to the amended plat thereof recorded on September 12, 2007, as Document No. 20070912010003320, in Cabinet 2007, Slides 498-499, Plat Records, Collin County, Texas. (b) The District will allow the City to install and operate a Fixed Base Meter Reading Antenna, including related cabling and fixtures, on the District-owned water tower situated on property located at 721 Parker Road (C.R. 725), Wylie, Texas, and more particularly described as follows: Being a 1.868± acre tract of land situated in the I. & G.N. RY. CO. SURVEY, Collin County, Texas, and more particularly described in a General Warranty Deed recorded as Instrument No. 20060118000071800 in the Official Public Records of Collin County, Texas. (c) Each party's Tower may be used by the other party only for permitted uses, which are (i) the transmission and reception of communications signals; (ii) the installation, alteration, maintenance, repair, replacement and relocation of approved antenna facilities; and (iii) activities related to any of the foregoing. 2. Installation of Antenna Facilities. Each party shall have the right, at its own expense, to install and maintain its respective Fixed Base Meter Reading Antenna (hereinafter referred to as an "antenna facility" or collectively as the "antenna facilities") on the other party's Tower in a good and workmanlike manner that does not interfere with existing communication equipment on the Tower, if any. Each party will submit a site plan and construction plans and specifications to the other party for approval prior to installation, and such approval shall not be unreasonably withheld. Each party has the right to inspect and approve the installation and modification of an antenna facility on its tower and will have final inspection and approval on the other's installation, and such approval shall not be unreasonably withheld. Each party shall provide to the other party at least one (1) day prior written notice of its desire to install or modify an antenna facility. Each party shall cause all installation, alteration, maintenance, repair, replacement, and relocation work to occur in a lien-free manner and in compliance with all applicable laws and ordinances. The antenna facilities shall remain the sole property of the party installing the facility. 3. Maintenance of Antenna Facilities. Each party shall have access to the other party's Tower for purposes of installing and maintaining the antenna facilities Monday through Friday, between 9:00 A.M. and 4:00 P.M. Each party shall provide to the other INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST SUD Amended Mutual Tower Lease with Wylie party at least one (1) day prior written notice of its desire to enter onto the other party's Tower site. Each party hereby grants the other party rights of ingress, egress, and access to its respective Tower for purposes of installing and maintaining the antenna facilities. Each party shall, at its own expense, keep and maintain the antenna facilities and related improvements now or hereafter located thereon in good condition and repair during the term of this Agreement. Upon termination of this Agreement, each Tower shall be returned to the other party in the same condition as of the date of this Agreement, reasonable wear and tear excepted. Each party shall pay any utility charges resulting from that party's use of a Tower. 4. Standards. All work will be performed in accordance with applicable codes and regulations and approved plans. Each party shall ensure that the antenna facilities and other equipment it places on the other party's property meets all manufacturer and industry standards applicable to such antenna facilities and equipment. 5. No Rental. Neither party will pay rent to the other party under this Agreement. 6. Term. This Agreement shall automatically renew annually until terminated by either party in accordance with paragraph 7 below. 7. Termination. This Agreement may be terminated for any reason or for no reason by the City or the District upon giving 30 days written notice to the other party. 8. Tower Maintenance. Upon giving at least thirty (30) days prior written notice, either party must remove some or all of their antenna facility as necessary for the other party to perform tower maintenance. 9. Insurance. Each party shall procure and maintain a minimum of $1 million in all- risk insurance against property damage or loss to the other party's Tower and Tower site, and other appropriate types and amounts of insurance or other coverage, including self-insurance, to cover the other party's property involved in this Agreement (including General Liability, Real and Personal Property, and Workers Compensation), and the acts of its employees and agents in performing each party's respective obligations herein. Such coverage will be primary to any insurance maintained by the other party. Each party agrees to waive all rights of subrogation against the other party, its officers, officials, employees and volunteers for losses arising (including but not limited to death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance) from work performed by a party or its contractors or sub-contractors on property owned or controlled by the other party. Upon reasonable inquiry, each party will provide the other party with appropriate insurance or coverage information related to the duties under this section. INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST SUD Amended Mutual Tower Lease with Wylie 10. Indemnification. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE) AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM SUCH PARTY'S PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY SUCH PARTY'S NEGLIGENT ACTS OR OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. IN ITS SOLE DISCRETION, EACH PARTY TO BE DEFENDED AND/OR INDEMNIFIED HEREUNDER ("PARTY TO BE DEFENDED") SHALL HAVE THE RIGHT TO REASONABLY APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY THE PARTY PROVIDING A DEFENSE AND/OR INDEMNIFICATION HEREUNDER ("DEFENDING PARTY") IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY THE PARTY TO BE DEFENDED, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY THE PARTY TO BE DEFENDED IN WRITING. THE PARTY TO BE DEFENDED RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, THE PARTY TO BE DEFENDED IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY THE PARTY TO BE DEFENDED IS NOT TO BE CONSTRUED AS A WAIVER OF THE DEFENDING PARTY'S OBLIGATION TO DEFEND THE PARTY TO BE DEFENDED OR AS A WAIVER OF THE DEFENDING PARTY'S OBLIGATION TO INDEMNIFY THE PARTY TO BE DEFENDED PURSUANT TO THIS AGREEMENT. THE DEFENDING PARTY SHALL RETAIN DEFENSE COUNSEL APPROVED BY THE PARTY TO BE DEFENDED WITHIN SEVEN (7) BUSINESS DAYS' WRITTEN NOTICE BY THE PARTY TO BE DEFENDED THAT IT IS INVOKING ITS RIGHT TO DEFENSE AND INDEMNIFICATION UNDER THIS AGREEMENT. IF THE DEFENDING PARTY FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, THE PARTY TO BE DEFENDED SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND THE DEFENDING PARTY SHALL BE LIABLE FOR THE REASONABLE AND NECESSARY LEGAL COSTS INCURRED BY THE PARTY TO BE DEFENDED. THE RIGHTS AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 11. Miscellaneous Provisions. INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST SUD Amended Mutual Tower Lease with Wylie (a) No Assignment. This Agreement is not assignable by either party. (b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. (c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. The venue of any dispute or matter arising under this Agreement shall be in Collin County, Texas. (d) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (e) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. The undersigned officers and/or agents of the parties are the properly authorized officials of the party represented and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and approved and are now in full force and effect. Each party covenants and warrants to the other party that it has the full right, power and authority to grant the rights provided to the other party in this Agreement; that it has good and unencumbered title to its Tower free and clear of any liens or mortgages. Neither party is represented by a real estate broker in connection with this Agreement, and no real estate broker is entitled to a commission in connection with this Agreement. (f) Equal Drafting. This Agreement shall be deemed drafted equally by both 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. (g) Governmental Immunity. The parties agree that neither the City nor the District has waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of their respective governmental powers and functions. (h) Notice. Except as otherwise provided for herein, any notice required to be sent INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST SUD Amended Mutual Tower Lease with Wylie under this Agreement must be in writing and may be served (i) by depositing it in the United States Mail, addressed to the party to be notified, postage pre-paid and certified with return receipt requested, or (ii) by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery. Notice given in accordance herewith shall be effective upon receipt by the addressee. For purposes of notice, the addresses of the parties are as follows: To the City: City of Wylie Attn: City Manager 300 Country Club Road Wylie, TX 75098 To the District: Wylie Northeast SUD Attn: General Manager 745 Parker Road Wylie, Texas 75098 [Signature page follows.] INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST SUD Amended Mutual Tower Lease with Wylie 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"). WYLIE NORTHEAST SPECIAL UTILITY DISTRICT, a political subdivision of the State of Texas By Jimmy Beach, President Date: , 2020 CITY OF WYLIE, a Texas home-rule municipality By Chris Hoisted, City Manager Date: , 2020 INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND WYLIE NORTHEAST SUD Amended Mutual Tower Lease with Wylie IAI fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: J Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Revenue and Expenditure Date Prepared: August 17, 2020 Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for July 31, 2020. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for July 31, 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 July 31,2020 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 83.33% ACCOUNT DESCRIPTION 2019-2020 2019-2020 2019-2020 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 31,772,141 711,063 29,913,977 94.15% A FRANCHISE FEES 2,768,000 10,273 2,378,576 85.93% LICENSES AND PERMITS 1,020,990 94,114 827,729 81.07% B INTERGOVERNMENTAL REV. 1,824,729 3,635 1,036,313 56.79% C SERVICE FEES 3,613,704 433,491 3,060,871 84.70% D FINES AND FORFEITURES 397,500 17,733 186,529 46.93% E INTEREST INCOME 209,000 1,599 73,463 35.15% F MISCELLANEOUS INCOME 191,229 3,642 112,320 58.74% OTHER FINANCING SOURCES 2,730,030 0 2,811,743 102.99% G REVENUES 44,527,323 1,275,550 40,401,521 90.73% 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 TOTAL REVENUES 47,542,594 4,175,550 43,301,521 91.08% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 92,331 3,864 49,852 53.99% CITY MANAGER 1,193,778 112,383 935,070 78.33% CITY SECRETARY 382,921 26,210 259,069 67.66% CITY ATTORNEY 170,000 12,477 96,377 56.69% FINANCE 1,208,300 82,402 949,667 78.60% FACILITIES 916,637 35,803 529,591 57.78% MUNICIPAL COURT 562,090 37,319 334,406 59.49% HUMAN RESOURCES 669,684 53,648 464,120 69.30% PURCHASING 192,611 17,720 147,692 76.68% INFORMATION TECHNOLOGY 2,023,633 77,393 1,332,008 65.82% POLICE 10,817,411 869,843 8,387,420 77.54% FIRE 8,797,391 828,755 6,740,636 76.62% EMERGENCY COMMUNICATIONS 1,897,821 207,184 1,458,279 76.84% ANIMAL CONTROL 631,694 48,856 424,596 67.22% PLANNING 314,136 29,085 237,211 75.51% BUILDING INSPECTION 557,834 54,221 428,701 76.85% CODE ENFORCEMENT 258,856 20,960 177,657 68.63% STREETS 3,868,066 462,479 2,173,002 56.18% PARKS 2,596,775 219,376 1,757,751 67.69% LIBRARY 2,157,053 158,112 1,639,822 76.02% COMBINED SERVICES 7,750,603 269,250 6,251,027 80.65% J TOTAL EXPENDITURES 47,059,625 3,627,340 34,773,954 73.89% REVENUES OVER/(UNDER)EXPENDITURES 482,969 548,210 8,527,567 17.19% A.Property Tax Collections for FY19-20 as of July 31,2020 are 99.68%,in comparison to FY18-19 for the same time period of over 100%. Sales tax is on a 2 month lag. Sales Tax is up 11%from YTD FY 2019. B. New Dwelling Permits are 14%lower than July 2019 YTD. 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. Have not received 2nd quarter payment from Inspiration for Fire Services. SRO reimbursement is lower than expected. D.Service Fees:Trash fees billed in October are applicable towards FY 2018-19 revenue with the remaining fees coming from other seasonal fees. Development Fees are up 80%from July 2019 YTD due to Collin College fees. E. Fines and Forfeitures are down 29%from July 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.2042%for July 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 July 31,2020 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 83.33% ACCOUNT DESCRIPTION 2019-2020 2019-2020 2019-2020 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 20,707,808 2,198,886 15,740,353 76.01% K INTEREST INCOME 72,000 878 32,912 45.71% MISCELLANEOUS INCOME 33,000 4,215 19,171 58.09% OTHER FINANCING SOURCES 0 0 0 0.00% REVENUES 20,812,808 2,203,979 15,792,436 75.88% 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 17,043,586 75.40% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 1,246,849 76,945 753,885 60.46% UTILITIES-WATER 2,945,773 145,143 1,167,747 39.64% N UTILITIES-SEWER 1,432,669 93,947 697,709 48.70% 0 UTILITY BILLING 1,107,033 93,973 768,127 69.39% COMBINED SERVICES 15,543,488 925,980 12,545,113 80.71% P TOTAL EXPENDITURES 22,275,812 1,335,988 15,932,581 71.52% REVENUES OVERI(UNDER)EXPENDITURES 328,726 867,991 1,111,005 3.88% 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.Approximately$775K will be carried forward to FY 2021 to complete projects. The largest is the pump station power generators at$601 K. O.$100K will be carried forward to FY 2021 for wastewater plant decommissioning design. P.Annual transfer to the General Fund of$2.3 million. Other expenses are payments to NTMWD for water minimum and sewer treatment. IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: K Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: August 17, 2020 Exhibits: Subject Consider, and place on file, the City of Wylie Monthly Investment Report for July 31, 2020. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for July 31, 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 July 31, 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 $15,389,243.62 MMA 0.2082% Texpool 12/31/2006 NA 2 $15,938,251.90 MMA 0.2003% TexStar 3/15/2011 NA $31,327,495.52 Total Weighted Average Coupon: 0.2042% Money Markets: $31,327,495.52 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $31,327,495.52 Weighted Average Coupon 3.00% 2.00% 1.00% ♦ 0.00% Jul 2019 Aug 2019 Sep 2019 Oct 2019 Nov 2019 Dec 2019 Jan 2020 Feb 2020 March 2020 April 2020 May 2020 Jun 2020 Jul 2020 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: L Department: Fire (City Secretary's Use Only) Prepared By: Fire Chief Brandon Blythe Account Code: Date Prepared: August 13, 2020 Exhibits: ILA, Resolution Subject Consider, and act upon, Resolution No. 2020-46(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Rockwall County, Texas for Fire Protection and EMS Services. Recommendation Motion to approve Resolution No. 2020-46(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with Rockwall County, Texas for Fire Protection and EMS Services. Discussion Wylie has a current longstanding agreement with Rockwall County, Texas for the provision of Fire Protection and EMS services on the western side of Lake Ray Hubbard in Rockwall County. The Interlocal Agreement is expiring. The Interlocal Agreement is for one year and can be renewed for five consecutive years. Wylie and Rockwall have agreed to updated terms and will be reimburse at a rate equal to the annual cost per call rate for fiscal year (total FD budget /total calls). In exchange for Wylie's agreement to provide services to County during the initial term, County agrees to pay to Wylie an amount for each service call to which Wylie responds under this Agreement equal to one thousand four hundred ninety- five and 00/100 dollars ($1,495.00) (the "Service Call Rate") per service call. The Service Call Rate may be adjusted on an annual basis. If the Service Call Rate is adjusted by Wylie, Wylie shall provide County with thirty (30) days written notice of the adjustment to the Service Call Rate. Wylie shall invoice County on a quarterly basis for the actual services performed for the previous quarter. County shall pay the amount(s) due Wylie within thirty (30) days of receipt of each invoice. Page 1 of 1 RESOLUTION NO. 2020-46(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN ROCKWALL COUNTY AND THE CITY OF WYLIE FOR FIRE PROTECTION AND EMS SERVICES WHEREAS, Wylie currently provides fire protection service and emergency medical service ("EMS") within the corporate limits of County pursuant to a previous agreement between the parties dated August 26, 2014; and WHEREAS,County has expressed its desire for Wylie to continue providing such services to County and its citizens; and WHEREAS, Wylie and County mutually desire to be subject to and contract pursuant to the provision of the Government Code, Chapter 791, the Interlocal Cooperation Act, and specifically Section 791.006(a) of the Texas Government Code, as amended; and WHEREAS, the provision of such services is a governmental function that serves the public health and welfare and is of mutual concern to the parties; and WHEREAS, each party is capable of performing the services provided for in this Agreement, and each party paying for the performance of governmental functions or services is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement by and between Rockwall County and the City of WYLIE, Texas for Fire Protection and EMS Services. SECTION 2: This Resolution shall take effect on October 1, 2020 and ends September 30, 2021 (the "Initial Term"). Upon the completion of the Initial Term, this Agreement shall automatically renew for five (5) successive one (1) year periods (each a"Renewal Term"), unless terminated earlier by either party in accordance with Section V., Termination, below. Resolution No. 2020-46(R)—Interlocal Agreement for Fire Protection&EMS Services-Fire Rockwall County&City of Wylie Page 1 of 3 RESOLVED THIS THE 25th day of August 2020. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2020-46(R)—Interlocal Agreement for Fire Protection&EMS Services-Fire Rockwall County&City of Wylie Page 2 of 3 EXHIBIT "A" Interlocal Cooperation Agreement Resolution No. 2020-46(R)—Interlocal Agreement for Fire Protection&EMS Services-Fire Rockwall County&City of Wylie Page 3 of 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND THE COUNTY OF ROCKWALL FOR FIRE PROTECTION AND EMS SERVICES This Interlocal Agreement for Fire Protection and EMS Services, effective as of the 1 St day of October, 2020 ("Effective Date"), by and between the City of Wylie, Collin County, Texas ("Wylie"), a Texas home-rule municipality, and the County of Rockwall, Texas ("County"), a Texas political subdivision. Wylie and County are at times each referred to herein as a"party" or collectively the"parties." WHEREAS, Wylie currently provides fire protection service and emergency medical service("EMS") within the corporate limits of County pursuant to a previous agreement between the parties dated August 26, 2014; and WHEREAS,County has expressed its desire for Wylie to continue providing such services to County and its citizens; and WHEREAS, Wylie and County mutually desire to be subject to and contract pursuant to the provision of the Government Code, Chapter 791, the Interlocal Cooperation Act, and specifically Section 791.006(a) of the Texas Government Code, as amended; and WHEREAS, the provision of such services is a governmental function that serves the public health and welfare and is of mutual concern to the parties; and WHEREAS, each party is capable of performing the services provided for in this Agreement, and each party paying for the performance of governmental functions or services is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW THEREFORE, in consideration of the following mutual promises and covenants, Wylie and County do hereby agree to the following: I. TERM The term of this Agreement begins October 1, 2020 and ends September 30, 2021 (the "Initial Term"). Upon the completion of the Initial Term, this Agreement shall automatically renew for five (5) successive one (1) year periods (each a "Renewal Term"), unless terminated earlier by either party in accordance with Section V., Termination, below. II. SCOPE OF SERVICES Wylie agrees to be the primary provider of twenty-four (24) hour emergency fire protection and EMS services for the benefit of County (collectively, "Services") outside the corporate limits of Wylie and in that portion of County, generally described as follows: An area in the northwest corner of Rockwall County, bounded by Lake Ray Hubbard on the east,the Rockwall/Dallas County line on the west, Liberty Grove Road and the Rockwall/Dallas County line on the South, and the Rockwall/Collin County line on the north ILA between City of Wylie and Rockwall County Page 1 of 9 3128339 and more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes ("Service Area"). The Services shall include, but are not limited to, responding to grass fires, structure fires, motor vehicle accidents, false alarms, and first-response emergency medical and rescue services. Wylie agrees that the fire protection service provided to County by Wylie will meet or exceed all equipment and service standards established by the Texas Commission on Fire Protection pursuant to its authority under Chapter 419, Texas Government Code. III. PERFORMANCE OF SERVICES It is expressly agreed and understood by the parties hereto that the availability of personnel and equipment for the Services, as well as the number of personnel and the amount of equipment to be sent, if any, in the event of the need for Services by County, shall be left to the discretion of the Wylie Fire Rescue Department ("WFR"). The Services shall not be arbitrarily withheld, but it is understood by the parties that unforeseen circumstances may arise which prevent Wylie from providing Services at a particular time. Wylie shall restore such service with all reasonable speed to the same level which existed prior to such unforeseen circumstances arising, if such should arise. It is recognized that Wylie has the duty and responsibility of rendering Services to citizens of both Wylie and County. In the performance of the Services, Wylie shall have the sole responsibility and discretion to determine the priorities in the dispatching and use of equipment and personnel. County understands that the availability of WFR units will be subject to the demands within Wylie, which will in all cases take priority,as well as other existing interlocal and mutual aid agreements. When units from Wylie are unavailable or will have an anticipated delayed response time, Wylie will use its best efforts to contact an alternate or auxiliary service provider to provide Services to County. In such an event, County shall be solely responsible for paying any costs or fees assessed by any such alternate or auxiliary service provider. Wylie agrees that it will provide County with copies of Texas Fire Incident Report system ("TXFIR") reports on all fires within County to which Wylie responds on a quarterly basis or as reasonably requested by County. County shall be solely responsible for providing Wylie with a current county map (the "County Map") and updating the County Map as necessary to reflect new residents or the addition of new territory into County. IV. COMPENSATION In exchange for Wylie's agreement to provide Services to County during the Initial Term, County agrees to pay to Wylie an amount for each Service call to which Wylie responds under this Agreement equal to one thousand four hundred ninety five and 00.;100 Dollars ($1,495.00) (the "Service Call Rate") per Service call. The Service Call Rate may be adjusted on an annual basis. If the Service Call Rate is adjusted by Wylie, Wylie shall provide County with thirty (30) days' written notice of the adjustment to the Service Call Rate. Wylie shall invoice County on a quarterly ILA between City of Wylie and Rockwall County Page 2 of 9 3128339 basis for the actual Services performed for the previous quarter. County shall pay the amount(s) due Wylie within thirty(30) days of receipt of each invoice. V. PATIENT CHARGES Nothing in this Agreement shall prohibit or limit Wylie from separately billing and collecting charges and expenses from persons to whom Services are provided under this Agreement ("Patients"). Wylie shall have sole discretion over the amount of any such charges or expenses imposed on Patients. County shall have no authority over or responsibility for any Patient billing or collection activities for Services provided by Wylie under this Agreement. The Patient charges and expenses billed and/or collected by Wylie shall be in addition to,and shall not affect, County's obligation to pay Wylie the amounts due under this Agreement. VI. FAILURE TO PAY If County fails to fully pay any amounts due to Wylie under this Agreement, such failure shall constitute a default ("Default"). In the event of a Default, and in its sole discretion, Wylie is entitled to terminate this Agreement by providing County written notice of its intent to terminate. In addition, Wylie may seek any and all other remedies available to it under the law. VII. TERMINATION Either party may terminate this Agreement for any reason, with or without cause, by providing sixty (60) days written notice to the other party. In the event of such termination by either party, Wylie shall be compensated pro rata for all Services performed to termination date, together with reimbursable expenses due and as authorized by this Agreement. In the event of such termination, should Wylie be overcompensated on a pro rata basis for all Services performed to termination date and/or be overcompensated reimbursable expenses as authorized by this Agreement, County shall be reimbursed for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. VIII. IMMUNITY/INDEMNITY It is expressly understood and agreed that, in the execution of this Agreement, neither Wylie nor County waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of their respective governmental powers and functions. Pursuant to Section 791.006(a) of the Texas Government Code, as amended, each party shall be solely responsible for any civil liability arising from furnishing or obtaining the Services contemplated herein as fully and to the same extent as that party would have been responsible in the absence of this Agreement. The parties understand and agree that if Wylie does not furnish personnel, equipment or services to County after being notified of the need for such Services, Wylie shall not be liable to County in damages or otherwise for the failure to furnish the same ILA between City of Wylie and Rockwall County Page 3 of 9 3128339 provided that Wylie used its best efforts to contact an alternate or auxiliary service provider to provide Services to County. County agrees that the acts or omissions of any person dispatched by Wylie pursuant to this Agreement,travelling to or from said calls,or in any manner furnishing Services to County,outside the city limits of Wylie, shall be considered to be the acts and agents of County in all respects, notwithstanding that such person may be a regular employee or independent contractor of Wylie. TO THE EXTENT ALLOWED BY LAW, COUNTY SHALL DEFEND, RELEASE, INDEMNIFY AND HOLD HARMLESS WYLIE, ITS OFFICERS,AGENTS,SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS,ACTIONS,LEGAL PROCEEDINGS,DEMANDS, DAMAGES OR JUDGMENTS, INCLUDING ALL EXPENSES, ATTORNEY FEES, WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING,BUT NOT LIMITED TO,THE INTENTIONAL OR NEGLIGENT ACTS AND/OR OMISSIONS OF COUNTY, ITS OFFICERS,AGENTS, SERVANTS,REPRESENTATIVES AND/OR EMPLOYEES,AND REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. IX. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between Wylie and County and supersedes all prior negotiations, representations and/or Agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Wylie and County. X. GOVERNING LAW This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall be in Collin County, Texas. XI. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XII. ADDITIONAL AGREEMENTS Wylie is not prohibited from entering into similar agreements with other governmental entities or political subdivisions. ILA between City of Wylie and Rockwall County Page 4 of 9 3128339 XIII. INDEPENDENT CONTRACTOR Except as otherwise expressly provided herein, County and Wylie agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Agreement. XIV. LEGAL CONSTRUCTION This is a negotiated agreement,should any part of this Agreement be in dispute the parties stipulate that the Agreement shall not be construed more favorably for either party. xv. NOTICE Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; electronic mail, with documentation evidencing the addressee's receipt thereof;or by delivering the same in person to such party via a 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: If to Wylie, addressed to it at: City of Wylie Attention: Chris Hoisted. City Manager 300 Country Club Road Wylie,TX 75098 Email: cholsted@r,wylietexas.gov If to County, addressed to it at: City of County Attention: Email: XVI. AUTHORITY TO EXECUTE The undersigned officers and/or agents of the parties hereto are the properly authorized officials of the party represented and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary ILA between City of Wylie and Rockwall County Page 5 of 9 3I?8339 resolutions extending said authority have been duly passed and approved and are now in full force and effect. XVII. WAIVER Waiver by either party of any breach of this Agreement,or the failure of either party to enforce any of the provisions of this Agreement, at any time,shall not in any way affect,limit or waive such party's right thereafter to enforce and compel strict compliance. XVIII. 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. XIX. 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 and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. [Signature pages follow.] ILA between City of Wylie and Rockwall County Page 6 of 9 3128339 AGREED: City of Wylie, Texas, a Texas home-rule municipality City Manager Date 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 she is the duly authorized representative for the CITY OF WYLIE,TEXAS, and she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this DAY OF ,2020. Notary Public in and for the State of Texas My Commission Expires: ILA between City of Wylie and Rockwall County Page 7 of 9 3128339 County of Rockwall,Texas a Texas political subdivision Rockwall County Judge Date STATE OF TEXAS § § COUNTY OF ROCKWALL § 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; he/she acknowledged to me he/she is the duly authorized representative for ROCKWALL COUNTY, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,2020. 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A: -.•'71, -.I' 11111,66 •-• • • - P''' ••''• .. -a_ • ILA between City of Wylie and Rockwall County Page 9 of 9 3128339 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: M Department: Fire (City Secretary's Use Only) Prepared By: Fire Chief Brandon Blythe Account Code: Date Prepared: August 13, 2020 Exhibits: ILA, Resolution Subject Consider, and act upon, Resolution No. 2020-47(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Town of St. Paul, Texas for Fire Protection and EMS Services in accordance with St. Paul Resolution #20-7-13. Recommendation Motion to approve Resolution No. 2020-47(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Town of St. Paul, Texas for Fire Protection and EMS Services in accordance with St. Paul Resolution #20-7-13 Discussion Wylie has a current longstanding agreement with the Town of St. Paul, Texas for the provision of Fire Protection and EMS services in the Town of St. Paul. The Interlocal Agreement is expiring. The Interlocal Agreement is for one year and can be renewed for five consecutive years. Wylie and St. Paul have agreed to updated terms and will be reimbursed at a rate equal to the annual cost per call rate for fiscal year(total FD budget/total calls). In exchange for Wylie's agreement to provide services to St. Paul during the initial term., St. Paul agrees to pay an amount for each service call to which Wylie responds under this Agreement equal to one thousand four hundred ninety- five and 00/100 dollars ($1,495.00) (the "Service Call Rate") per service call. The Service Call Rate may be adjusted on an annual basis. If the Service Call Rate is adjusted by Wylie, Wylie shall provide St. Paul with thirty (30) days written notice of the adjustment to the Service Call Rate. Wylie shall invoice St. Paul on a quarterly basis for the actual services performed for the previous quarter. St. Paul shall pay the amount(s) due Wylie within thirty (30) days of receipt of each invoice. Page 1 of 1 RESOLUTION NO. 2020-47(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE TOWN OF ST. PAUL AND THE CITY OF WYLIE FOR FIRE PROTECTION AND EMS SERVICES WHEREAS, the City of Wylie Fire-Rescue ("WFR") currently provides fire protection service and emergency medical service ("EMS") within the corporate limits of St. Paul pursuant to a previous Interlocal Agreement Between City of Wylie and Town of St.Paul for Fire Protection Services entered into on October 1, 2008; and WHEREAS, St. Paul has expressed its desire for Wylie to continue providing such services to St. Paul and its citizens; and WHEREAS, Wylie and St. Paul mutually desire to be subject to and contract pursuant to the provision of the Government Code, Chapter 791, the Interlocal Cooperation Act, and specifically Section 791.006(a) of the Texas Government Code, as amended; and WHEREAS, the provision of such services is a governmental function that serves the public health and welfare and is of mutual concern to the parties; and WHEREAS, each party is capable of performing the services provided for in this Agreement, and each party paying for the performance of governmental functions or services is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement by and between the Town of St. Paul and the City of WYLIE, Texas for Fire Protection and EMS Services. SECTION 2: This Resolution shall take effect on October 1, 2020 and ends September 30, 2021 (the "Initial Term"). Upon the completion of the Initial Term, this Agreement shall automatically renew for five (5) successive one (1) year periods (each a"Renewal Term"), unless terminated earlier by either party in accordance with Section V., Termination, below. Resolution No. 2020-47(R)—Interlocal Agreement for Fire Protection&EMS Services-Fire Town of St. Paul&City of Wylie Page 1 of 3 RESOLVED THIS THE 25th day of August 2020. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2020-47(R)—Interlocal Agreement for Fire Protection&EMS Services-Fire Town of St. Paul&City of Wylie Page 2 of 3 EXHIBIT "A" Interlocal Cooperation Agreement Resolution No. 2020-47(R)—Interlocal Agreement for Fire Protection&EMS Services-Fire Town of St. Paul&City of Wylie Page 3 of 3 1NTERLOCAL AGREEMENT BETWEEN THE CITY OF WYL!E AND THE TOWN OF ST. PAUL FOR FIRE PROTECTION AND EMS SERVICES This Interlocal Agreement for Fire Protection Services, effective as of the 15t day of October 2020 (the"Effective Date"), by and between the City of Wylie, Texas("Wylie"), a home-rule municipality, acting herein by and through its Mayor as authorized by resolution of the Wylie City Council, and the Town of St. Paul, Collin County, Texas ("St. Paul"), a Type A General law city, acting herein by and through its Mayor as authorized by resolution of the St. Paul Town Council. Wylie and St. Paul are at times each referred to herein as a "party" or collectively the "parties." WHEREAS, the City of Wylie Fire-Rescue ("WFR") currently provides fire protection service and emergency medical service ("EMS") within the corporate limits of St. Paul pursuant to a previous Interlocal Agreement Between City of Wylie and Town of St. Paul for Fire Protection Services entered into on October 1, 2008; and WHEREAS, St. Paul has expressed its desire for Wylie to continue providing such services to St. Paul and its citizens; and WHEREAS, Wylie and St. Paul mutually desire to be subject to and contract pursuant to the provision of the Government Code, Chapter 791, the Interlocal Cooperation Act, and specifically Section 791.006(a) of the Texas Government Code, as amended; and WHEREAS, the provision of such services is a governmental function that serves the public health and welfare and is of mutual concern to the parties; and WHEREAS, each party is capable of performing the services provided for in this Agreement, and each party paying for the performance of governmental functions or services is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW THEREFORE, in consideration of the following mutual promises and covenants, Wylie and St. Paul do hereby agree to the following: I. TERM The term of this Agreement begins October 1, 2020 and ends September 30, 2021 (the "Initial Term"). Upon the completion of the Initial Term, this Agreement shall automatically renew for five (5) successive one (1) year periods (each a "Renewal Term"), unless terminated earlier by either party in accordance with Section V., Termination, below. II. SCOPE OF SERVICES Wylie agrees to be the primary provider of twenty-four (24) hour emergency fire protection and EMS services (collectively, "Services") within the corporate limits of St. Paul. Wylie agrees that the fire protection service provided to St. Paul by WFR will meet or exceed all equipment and service standards established by the Texas Commission on Fire Protection pursuant to its authority under Chapter 419, Texas Government Code. Services shall include, but are not limited TM 116631 to, responding to grass fires, structure fires, motor vehicle accidents, false alarms, and first- response emergency medical and rescue services. III. PERFORMANCE OF SERVICES The Services shall not be arbitrarily withheld, but it is understood by the parties that unforeseen circumstances may arise which prevent Wylie from providing Services at a particular time. Wylie shall restore such service with all reasonable speed to the same level which existed prior to such unforeseen circumstances arising, if such should arise. It is recognized that Wylie has the duty and responsibility of rendering Services to citizens of both Wylie and St. Paul. In the performance of the Services, Wylie shall have the sole responsibility and discretion to determine the priorities in the dispatching and use of equipment and personnel. St. Paul understands that the availability of WFR units will be subject to the demands within Wylie, which will in all cases take priority, as well as other existing interlocal and mutual aid agreements. When units from Wylie are unavailable or will have an anticipated delayed response time, Wylie will use its best efforts to contact an alternate or auxiliary service provider to provide Services to St. Paul through Wylie's existing mutual aid agreements and computer aided dispatching system Wylie agrees that the WFR will provide St. Paul with copies of Texas Fire Incident Report system ("TXFIR") reports on all fires within St. Paul quarterly or as reasonably requested by St. Paul. St. Paul shall be solely responsible for providing WFR with a current town map("Town Map"), and updating the Town Map as necessary to reflect new residents or the addition of new territory into St. Paul. At the sole discretion of Wylie, this Agreement may be terminated or renegotiated in the event St. Paul annexes additional territory into its corporate limits, Ill. PERFORMANCE OF SERVICES The Services shall not be arbitrarily withheld, but it is understood by the parties that unforeseen circumstances may arise which prevent Wylie from providing Services at a particular time. Wylie shall restore such service with all reasonable speed to the same level which existed prior to such unforeseen circumstances arising, if such should arise. It is recognized that Wylie has the duty and responsibility of rendering Services to citizens of both Wylie and St. Paul. In the performance of the Services, Wylie shall have the sole responsibility and discretion to determine the priorities in the dispatching and use of equipment and personnel. St. Paul understands that the availability of WFR units will be subject to the demands within Wylie, which will in all cases take priority, as well as other existing interlocal and mutual aid agreements. When units from Wylie are unavailable or will have an anticipated delayed response time, Wylie will use its best efforts to contact an alternate or auxiliary service provider to provide Services to St. Paul. In such an event, St. Paul shall be solely responsible for paying any costs or fees assessed by any such alternate or auxiliary service provider. Wylie agrees that the WFR will provide St. Paul with copies of Texas Fire Incident Report system ("TXFIR") reports on all fires within St. Paul quarterly or as reasonably requested by St. Paul. St. Paul shall be solely responsible for providing WFR with a current town map ("Town Map"), and updating the Town Map as necessary to reflect new residents or the addition of new territory into TM 116631 St. Paul. At the sole discretion of Wylie, this Agreement may be terminated or renegotiated in the event St. Paul annexes additional territory into its corporate limits. IV. COMPENSATION In exchange for Wylie's agreement to provide Services to St. Paul during the Primary Term, St. Paul agrees to pay an amount for each Service call to which Wylie responds under this Agreement equal to one thousand four hundred ninety five and 00/100 Dollars ($1,495.00) (the "Service Call Rate") per Service call. The Service Call Rate may be adjusted on an annual basis. If the Service Call Rate is adjusted by Wylie, Wylie shall provide St. Paul with thirty (30) days' written notice of the adjustment to the Service Call Rate. Wylie shall invoice St. Paul on a quarterly basis for the actual Services performed for the previous quarter. St Paul shall pay the amount(s) due Wylie within thirty (30) days of receipt of each invoice. V. PATIENT CHARGES Nothing in this Agreement shall prohibit or limit Wylie from separately billing and collecting charges and expenses from persons to whom Services are provided under this Agreement (Patients"). Wylie shall have sole discretion over the amount of any such charges or expenses imposed on Patients. St. Paul shall have no authority over or responsibility for any Patient billing or collection activities for Services provided by Wylie under this Agreement. The Patient charges and expenses billed and/or collected by Wylie shall be in addition to, and shall not affect, St. Paul's obligation to pay Wylie the amounts due under this Agreement. VI. FAILURE TO PAY If St. Paul fails to fully pay any amounts due to Wylie under this Agreement, such failure shall constitute a default("Default"). In the event of a Default, and in its sole discretion, Wylie is entitled to terminate this Agreement by providing St. Paul written notice of its intent to terminate. In addition, Wylie may seek any and all other remedies available to it under the law. VI I. TERMINATION Either party may terminate this Agreement for any reason, with or without cause, by providing sixty (60) days written notice to the other party. In the event of such termination by either party, Wylie shall be compensated pro rata for all Services_performed to termination date, together with reimbursable expenses due and as authorized by this Agreement. In the event of such termination, should Wylie be overcompensated on a pro rata basis for all Services performed to termination date and/or be overcompensated reimbursable expenses as authorized by this Agreement, St. Paul shall be reimbursed for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. VIII. IMMUNITY/INDEMNITY TM 116631 It is expressly understood and agreed that, in the execution of this Agreement, neither Wylie nor St. Paul waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of their respective governmental powers and functions. Pursuant to Section 791.006(a) of the Texas Government Code, as amended, each party shall be solely responsible for any civil liability arising from furnishing or obtaining the Services contemplated herein as fully and to the same extent as that party would have been responsible in the absence of this Agreement. The parties understand and agree that if Wylie does not furnish personnel, equipment or services to St. Paul after being notified of the need for such Services, Wylie shall not be liable to St. Paul in damages or otherwise for the failure to furnish the same provided that Wylie used its best efforts to contact an alternate or auxiliary service provider to provide Services to St. Paul. St. Paul agrees that the acts or omissions of any person dispatched by Wylie pursuant to this Agreement, travelling to or from said calls, or in any manner furnishing Services to St. Paul, outside the city limits of Wylie, shall be considered to be the acts and agents of St. Paul in all respects, notwithstanding that such person may be a regular employee or independent contractor of Wylie. TO THE EXTENT ALLOWED BY LAW, ST. PAUL SHALL DEFEND, RELEASE, INDEMNIFY AND HOLD HARMLESS WYLIE, ITS OFFICERS,AGENTS,SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS, DAMAGES OR JUDGMENTS, INCLUDING ALL EXPENSES, ATTORNEY FEES, WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM,ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO,THE INTENTIONAL OR NEGLIGENT ACTS AND/OR OMISSIONS OF ST. PAUL, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. IX. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between Wylie and St. Paul and supersedes all prior negotiations, representations and/or Agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Wylie and St. Paul. X. GOVERNING LAW This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue of any dispute or matter arising under this Agreement shall be in Collin County, Texas. XI. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. TM116631 XII. ADDITIONAL AGREEMENTS Wylie is not prohibited from entering into similar agreements with other governmental entities or political subdivisions. XIII. INDEPENDENT CONTRACTOR Except as otherwise expressly provided herein, St. Paul and Wylie agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Agreement. XIV. LEGAL CONSTRUCTION This is a negotiated agreement, should any part of this Agreement be in dispute the parties stipulate that the Agreement shall not be construed more favorably for either party. XV. NOTICE Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such party via a 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: If to Wylie, addressed to it at: City of Wylie Attention: Chris Halsted, City Manager 300 Country Club Road Wylie, TX 75098 Email: cholsted@wvlietexas qov If to St. Paul, addressed to it at: Town of St. Paul Attention: Bob London Town Secretary/Administrator St. Paul, Texas 75098 Email: Townhall@stpaultexas.us XVI. AUTHORITY TO EXECUTE TM 116631 The undersigned officers and/or agents of the parties hereto are the properly authorized officials of the party represented and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and approved and are now in full force and effect. XVII. WAIVER Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. XVIII. 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. XIX. 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 and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party, City of Wylie, Texas Chris Hoisted, City Manager Date Town of St. Paul, Texas / 7//J/2o nsler, Mayor Date STATE OF TEXAS § § COUNTY OF COLLIN § TM 116631 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 he is the duly authorized representative for the CITY OF WYLIE, TEXAS, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of 2020. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared David Gensler, known to me to be one of the persons whose names are subscribed to the foregoing instrument he/she acknowledged to me he/she is the duly authorized representative for the ST. PAUL, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /3 day of .Tv LV 2020. ZoCIA6)142--- Notary P�1blic in and for the State of Texas My Commission Expires: 1cig RDBERTALDNDDN I / ,Notary ID#769314 1 /`Ff7__ ////My Gommisspon Expires 1,tune 19.2021 I TM 116631 TOWN OF SAINT PAUL,TEXAS RESOLUTION NO. 20-7-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SAINT PAUL, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF WYLIE TO PROVIDE FIRE PROTECTION AND EMS SERVICE IN THE TOWN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Saint Paul ("Town") has requested the City of Wylie ("City") to provide fire protection and EMS services within the Town; and WHEREAS, the Town and the City have agreed that the City can. pursuant to the provisions of an interlocal cooperation agreement entered in accordance with Chapter 791 of the Texas Government Code. provide for such services and payment of the cost thereof; and WHEREAS, the Town Council of the Town of Saint Paul, having determined that the interlocal cooperation agreement presented by the City will provide a benefit to the Town and the health. safety and welfare of the citizens of Saint Paul, finds it to be in the public interest to enter the agreement with the City regarding the provision of fire protection and EMS services within the Town, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF SAINT PAUL, TEXAS,THAT: SECTION 1. The Mayor is hereby authorized to sign on behalf of the Town the interlocal cooperation agreement with the City in the form attached hereto as Exhibit "A" and made part hereof for all purposes. which Agreement is in all respects approved by the Town Council. SECTION 2. This Resolution shall take effect immediately upon approval, and it is accordingly so resolved. Duly passed and approved by the Town Council of the Town of Saint Paul, Texas, this 13th day of July 2020. APPROVED: ayor ,� . pAt/ %� ATTEST: • (� igt\ Bob otidon, Town Secretary � A • EXHIBIT "A" %,Nllun '�+�� TM 116631 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: N Department: Purchasing Account Code: 611-5714-56570 Prepared By: Glenna Hayes Budgeted Amount: $100,000.00 Date Prepared: August 17, 2020 Exhibits: Subject Consider, and act upon, the award of a professional services project order (PSPO) #W2020-94-E for the Wylie Wastewater Treatment Plant Decommission to Freese and Nichols, Inc. in the amount of$56,840.00 and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the award of a professional services project order(PSPO)#W2020-94-E for the Wylie Wastewater Treatment Plant Decommission to Freese and Nichols,Inc. in the amount of$56,840.00 and authorizing the City Manager to execute any necessary documents. Discussion The contract is for Freese and Nichols, Inc. to provide professional engineering services for the decommissioning of the Wylie Wastewater Treatment Plant(WWTP) located on Alanis Drive to the east of the intersection of Alanis Drive and Martinez Lane. The WWTP must be closed in accordance with TCEQ requirements and coordination with the TCEQ Land Application Team. Phase 1 plans will include preparation of closure documentation, environmental sampling associated with the decommissioning of the WWTP,and closeout of the water quality permit for the facility. Phase 2 will include design plans for the demolition of the plant. Staff recommends the award of a professional services project order PSPO#W2020-94-E in the amount of$56,840.This agreement is issued under Master Agreement for Professional Service(MAPES)#W2017-76-A Category N Engineering Studies and Analysis. Page 1 of 1 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: 0 Department: Purchasing Account Code: 611-5711-56570 Prepared By: Glenna Hayes Budgeted Amount: $65,000 Date Prepared: August 17, 2020 Exhibits: Subject Consider, and act upon, the award of a professional services project order (PSPO) #W2020-51-E for Eubanks Road Widening Right of Way Services to Halff Associates,Inc. in the amount of$53,000.00 and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the award of a professional services project order (PSPO) #W2020-51-E for Eubanks Road Widening Right of Way Services to Halff Associates,Inc. in the amount of$53,000.00 and authorizing the City Manager to execute any necessary documents. Discussion In 2016 the City of Wylie and the North Texas Municipal Water District entered into an Interlocal Cooperation Agreement for Eubanks Lane Improvements for the section of Eubanks Road between State Highway 78 and the southern entrance to the NTMWD site on Eubanks Road. The engineering design of this section of road is nearing completion and has identified 10 parcels for acquisition. The right of way agent will provide appraisal, title, acquisition coordination services for the roadway project. The purchase price of the parcels will be presented for approval at a future council meeting. Staff recommends the award of this agreement in the amount of $53,000 for the above referenced project to Halff Associated Inc. PSPO #W2020-51-E is issued under Master Agreement for Professional Appraisals and Right of Way Acquisitions (MAPES #W2018-28-A). Page 1 of 1 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: P Department: Purchasing Account Code: 611-5714-58850 Prepared By: Glenna Hayes Budgeted Amount: $112,500 Date Prepared: August 18, 2020 Exhibits: Subject Consider, and act upon, the approval of the purchase of Cummins® Generators (W2020-92-I) from Cummins Southern Plains,LLC in the amount of$57,910.00 through a cooperative purchasing contract with Sourcewell, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to award the purchase of Cummins® Generators (W2020-92-I) from Cummins Southern Plains, LLC in the amount of$57,910.00 through a cooperative purchasing contract with Sourcewell, and authorizing the City Manager to execute any necessary documents. Discussion Backup generators provide continuous emergency uninterrupted power to the wastewater lift stations year-round during power outages and during the shortage of power supply(brownouts). Lift stations are needed to pump wastewater from low areas to a point where it can gravity flow.Keeping the stations running reduces the possibility of lift station wet wells from overflowing, which in turn reduces the potential for illicit discharges to enter the storm sewer system. The City of Wylie Public Works Department currently maintains ten (10) wastewater lift stations and eight (8) corresponding generators in various locations throughout the City. The purchase of these generators will allow the Wastewater Division to install two (2) backup generators for Harvest Bend and Wylie Lakes Wastewater Lift Stations, to provide emergency power. Staff recommends the purchase of two(2)back-up generators from Cummins Southern Plains,LLC as providing the best overall value to the City. (W2020-92-I/Sourcewell#120617CMM) Page 1 of 1 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: Q Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: N/A Date Prepared: August 17, 2020 Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2020-48(R) approving the adoption of ExpressVote Universal Voting System, EVS 6.0.2.0, that was approved by the Rockwall County Commissioner's Courts for use by all entities who contract elections through Rockwall County. Recommendation Motion to approve Resolution No. 2020-48(R) approving the adoption of ExpressVote Universal Voting System, EVS 6.0.2.0, that was approved by the Rockwall County Commissioner's Courts for use by all entities who contract elections through Rockwall County. Discussion Rockwall County Commissioners Court voted to award the Request for Proposal for a new voting system to Election Systems and Software, LLC. The Texas Secretary of State has officially approved the contract between Rockwall County and Election Systems and Software, LLC for the purchase of the ExpressVote Universal Voting System. The new equipment will be used for Early Voting in Person, Early Voting by Mail, Election Day Voting, and Provisional Voting in all future elections held in Rockwall County. Rockwall County Elections Administration Offices require the City of Wylie to adopt the voting system to comply with the Secretary of State Election Advisory No. 2018-34. Page 1 of 1 RESOLUTION NO. 2020-48(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,ADOPTING THE EXPRESSVOTE UNIVERSAL VOTING SYSTEM FOR EARLY VOTING IN PERSON, EARLY VOTING BY MAIL, ELECTION DAY VOTING,AND PROVISIONAL VOTING IN ALL FUTURE ELECTIONS HELD IN ROCKWALL COUNTY. WHEREAS, on October 24, 2017, the Rockwall County Commissioners Court voted to award the Request for Proposal for the new voting system to Election Systems and Software,LLC; and WHEREAS, the Texas Secretary of State has officially approved the contract between Rockwall County and Election Systems and Software, LLC for the purchase of the ExpressVote Universal Voting System; and WHEREAS,the ExpressVote Universal Voting System,EVS 6.0.2.0 consisting ofFirmware 2.4.0.0;the ES&S DS200 Digital Precinct Scanner,and EVS 6.0.2.0,Firmware 2.17.0.0,along with the required ancillary parts and services required for this voting tabulation system. This system has been certified by both the Texas Secretary of State and the United States Election Assistance Commission; WHEREAS, the Election Advisory No. 2018-34 prescribes procedures for voting systems, and WHEREAS,the Rockwall County Elections Administration Offices,require approval of the City of Wylie to adopt the new voting equipment if the City of Wylie intends to contract with Rockwall County for future elections. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: The ExpressVote Universal Voting System, EVS 6.0.2.0 consisting of Firmware 2.4.0.0;the ES&S DS200 Digital Precinct Scanner, and EVS 6.0.2.0, Firmware 2.17.0.0, along with the required ancillary parts and services required for this voting tabulation system. is adopted. This voting equipment will be used for Early Voting in Person, Early Voting by Mail, Election Day Voting, and Provisional Voting in all future elections held in Rockwall County. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this 25th day of August, 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Resolution No.2020-48(R)ExpressVote Universal Voting System—Rockwall County fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 17, 2020 Exhibits: 1 Subject Consider, and act upon, authorizing the City Manager to sign a Development Agreement, between the City of Wylie and Stone Street Properties regarding the use of building materials for property located at 7940 E Parker Road. Recommendation Motion to approve authorizing the City Manager to sign a Development Agreement, between the City of Wylie and Stone Street Properties regarding the use of building materials for property located at 7940 E Parker Road. Discussion The applicant and associated property owners have requested to enter into a Development Agreement with the City of Wylie prior to the potential rezoning of property located at 7940 E Parker Road. The zoning case, 2020-07, is on this agenda for consideration. In order to maintain the standards of the existing development, and as a part of the overall Development Agreement, the applicant is proposing to add a separate building materials agreement in accordance with Texas State Law Sec 3000.002(d). This Development Agreement states that the owners and the applicant will voluntarily abide by the building standards of the City of Wylie Zoning Ordinance, current or as amended. Page 1 of 1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS'LICENSE NUMBER. After Recording Return to: City of Wylie Attention: City Manager 300 Country Club Road Wylie,Texas 75098 DEVELOPMENT AGREEMENT AMONG Stone Street Properties, LP AND THE CITY OF WYLIE, TEXAS This DEVELOPMENT AGREEMENT ("Agreement") is made and entered into by and among the CITY OF WYLIE, TEXAS, a home-rule municipality ("Wylie"), and Stone Street Properties, LP, a Texas resident ("Developer"). Wylie and Developer are each referred to herein as a"party" or collectively as the "parties." WHEREAS, Developer warrant that they are the sole owners of that certain tract of land situated in the City of Wylie, Collin County, Texas, consisting of 1.36 acres on Tract 11 and Tract 12 of the L M Marshall Survey, Abstract No. A0594, generally located at 7940 E Parker Road, Wylie, Texas 75098, and more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes ("Stone Street"); and WHEREAS, Developer desires to revert the zoning designation of Stone Street and have asked Wylie to rezone the Property to Commercial Corridor; and WHEREAS, Developer and Wylie agree that Wylie has adopted certain standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings in Wylie; and WHEREAS,Developer desires to voluntarily consent to complying with Wylie's standards for building products and materials and aesthetic methods, as referenced in Exhibit B, attached hereto and incorporated herein for all purposes (collectively, "Building Materials Standards"), in the construction, renovation, maintenance and alteration of all buildings currently existing and to be built in the future on the Property, regardless of whether the Property develops as Developer desires or intends or not; and WHEREAS, Wylie hereby designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local Government Code; and WHEREAS, the parties agree that they enter into this Agreement pursuant to Section 3000.002(d) of the Texas Local Government Code with the full understanding and intent that Wylie will have the right, but not the obligation, to enforce the Building Materials Standards on the Property as of the Effective Date of this Agreement; and Development Agreement—Stone Street Building Materials Standards Page 1 of 13 2837901 WHEREAS, the Wylie City Council 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 Developer agree as follows: 1. Incorporation of Recitals. The representations, covenants and recitations set forth in the 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 Developer. 2. Land Subject to Agreement. The land that is subject to this Agreement is the Property. Developer represents and warrant that he is the sole owner of Stone Street as of the Effective Date of this Agreement. 3. Building Materials Standards. (a) In the construction,renovation,maintenance and alteration of any existing or future building on the Property, Developer shall not use or install, or permit the use or installation of, any building product or material or aesthetic method that does not comply with the Building Materials Standards, notwithstanding any conflicting provision of Chapter 3000 of the Texas Government Code, as it exists or may be amended. Developer voluntarily consents and agrees to comply with this Agreement and the Building Materials Standards in the construction, renovation, maintenance and alteration of any existing or future building on the Property. (b) Before commencement of construction, renovation, maintenance or alteration of any existing or future building on the Property on or after the Effective Date of this Agreement,Developer shall impose deed restrictions on the Property,incorporating the requirements of this Agreement. As a condition of Wylie's issuance of any building permits on the Property, Developer shall submit to Wylie the proposed deed restrictions in compliance with this Agreement. The deed restrictions must be approved, in writing, by the Wylie City Planner. Wylie is entitled to withhold building permits on the Property (in addition to any other remedy available to Wylie) in the event that Developer has not obtained such written approval. Once approved, Developer shall record the approved deed restrictions in the Real Property Records of Collin County, Texas. The approved deed restrictions may not be amended, terminated or otherwise modified after Wylie's approval thereof without the prior written consent of the Wylie City Planner. Wylie shall be a third- party beneficiary of the approved deed restrictions, and Wylie shall have the right but not the obligation to enforce this Agreement and the approved deed restrictions, as they exist or may be amended. (c) Wylie designates the Property for its historical, cultural or architectural importance and significance pursuant to Section 3000.002(d) of the Texas Local Government Code. Developer voluntarily consents and agrees to such designation. Developer Development Agreement—Stone Street Building Materials Standards Page 2 of 13 2837901 voluntarily waives any rights or protections that may exist under Chapter 3000 of the Texas Government Code, as it exists or may be amended, with respect to any existing or future building on the Property, and further agrees that Wylie's right to enforce the Building Materials Standards arise from this Agreement and not from a rule, charter provision, ordinance, order, building code or other regulation of Wylie. Developer agrees that Wylie is entitled to amend, revise, supplement and otherwise modify the Building Materials Standards in Wylie's sole discretion. 4. Default. (a) If Developer fails to comply with any provision of this Agreement, and such failure is not cured within thirty(30) days after Wylie sends written notice of such failure to Developer, then Wylie shall have the following remedies, in addition to Wylie's other rights and remedies: (i) to file this instrument in the Real Property Records of Collin County, Texas as a lien or encumbrance on the Property; (ii) to terminate this Agreement by providing written notice of termination to Developer; (iii) to refuse to accept any portion of any public improvements on the Property or associated with the development of the Property; (iv) to refuse to issue building permits for any building on the Property; (v) to refuse to issue a Certificate of Occupancy for any building on the Property; (vi) to require Developer, another owner of the Property, or a portion thereof, and/or a contractor thereof to immediately cease the construction, renovation, maintenance and/or alteration of a building on the Property; and/or (vii) to seek specific enforcement of this Agreement. (b) If Wylie fails to comply with the terms and conditions of this Agreement and such failure is not cured within thirty (30) days after Wylie receives written notice of such failure from Developer,then Developer may seek specific enforcement of this Agreement as Developer's sole and exclusive remedy. 5. Limitation of Liability. Notwithstanding anything to the contrary herein, the parties agree and acknowledge that Wylie shall not,under any circumstance,be required to tender, or be liable to Developer for, any credit or reimbursement of, or payment of any monies, with regard to the matters set forth herein. Development Agreement—Stone Street Building Materials Standards Page 3 of 13 2837901 6. Covenant Running with the Land. This Agreement shall be a covenant running with the land and Property, and shall be binding on the Developer and their respective successors and assigns. Wylie shall cause this Agreement to be filed in the Real Property Records of Collin County, Texas. Developer represents and warrants that the filing of this Agreement as provided herein shall provide Wylie with a superior and priority encumbrance, lien or interest in, on and to the Property as to any and all other persons or entities. Developer represents and warrants that there are no liens, attachments or other encumbrances that prohibit or affect the right of Developer to grant such superior and priority encumbrance, lien or interest as described herein. If such a condition does exist, however, Developer shall obtain a signature with acknowledgment from the holder of such lien, attachment or encumbrance, subordinating any such lien, attachment or encumbrance to Developer's rights granted herein. 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 Developer 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 facsimile;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: If to Wylie, addressed to it at: City of Wylie Attention: City Manager 300 Country Club Road Wylie, Texas 75098 Telephone: (972) 516-6000 Facsimile: (972) 516-6026 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 Development Agreement—Stone Street Building Materials Standards Page 4 of 13 2837901 If to Developer, addressed to Developer at: Stone Street Properties, LP Attn: Dwayne Clark P.O Box 92341 Southlake, TX 76092 9. Indemnity. (a) EACH DEVELOPER SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS,JUDGMENTS AND COSTS,INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY) CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENT, GROSSLY NEGLIGENT OR INTENTIONALLY WRONGFUL ACT OR OMISSION OF ANY DEVELOPER OR ANY OF EACH DEVELOPER'S OFFICERS, DIRECTORS, PARTNERS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES, TRUSTEES, LICENSEES, INVITEES OR ANY OTHER THIRD PARTY FOR WHOM DEVELOPER IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE (HEREINAFTER "CLAIMS"). DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND WYLIE AGAINST ALL SUCH CLAIMS. (b) IN ITS SOLE DISCRETION,WYLIE SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY DEVELOPER IN FULFILLING EACH DEVELOPER'S OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY WYLIE, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY WYLIE IN WRITING. WYLIE RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, WYLIE IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY WYLIE IS NOT TO BE CONSTRUED AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO DEFEND WYLIE OR AS A WAIVER OF ANY DEVELOPER'S OBLIGATION TO INDEMNIFY WYLIE PURSUANT TO THIS AGREEMENT. EACH DEVELOPER SHALL RETAIN WYLIE-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF WYLIE'S WRITTEN NOTICE THAT WYLIE IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ANY DEVELOPER FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,WYLIE SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND EACH DEVELOPER SHALL BE LIABLE FOR ALL COSTS INCURRED BY WYLIE. (C) THE RIGHTS AND OBLIGATIONS CREATED BY THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Development Agreement—Stone Street Building Materials Standards Page 5 of 13 2837901 10. Acknowledgement of Wylie's Compliance with Federal and State Constitutions, Statues and Case Law and Federal, State and Local Ordinances, Rules and Regulations; Developer's Waiver and Release of Claims For Obligations Imposed by this Agreement. (a) DEVELOPER ACKNOWLEDGES AND AGREES THAT: (i) THE OBLIGATIONS REQUIRED BY THIS AGREEMENT TO BE PERFORMED BY DEVELOPER,IN WHOLE OR IN PART,DO NOT CONSTITUTE A: (A) TAKING UNDER THE TEXAS OR UNITED STATES CONSTITUTION; (B) VIOLATION OF THE TEXAS WATER CODE,AS IT EXISTS OR MAY BE AMENDED; (C) VIOLATION OF THE TEXAS LOCAL GOVERNMENT CODE, INCLUDING CHAPTER 3000,AS IT EXISTS OR MAY BE AMENDED (D) NUISANCE; OR (E) CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION,STATUTE OR CASE LAW OR ANY FEDERAL, STATE OR LOCAL ORDINANCE, RULE OR REGULATION. (ii) EACH DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS WYLIE FROM AND AGAINST ANY CLAIMS AND SUITS OF THIRD PARTIES,INCLUDING BUT NOT LIMITED TO, ANY OF DEVELOPER'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES,VENDORS, GRANTEES OR TRUSTEES,BROUGHT PURSUANT TO OR AS A RESULT OF THIS SECTION. (b) EACH DEVELOPER RELEASES WYLIE FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED ON EXCESSIVE OR ILLEGAL EXACTIONS. (C) EACH DEVELOPER WAIVES ANY CLAIM FOR DAMAGES OR REIMBURSEMENT AGAINST WYLIE FOR A VIOLATION OF ANY FEDERAL OR STATE CONSTITUTION, STATUTE OR CASE LAW OR ANY FEDERAL,STATE OR LOCAL ORDINANCE,RULE OR REGULATION. (d) THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 11. Vested Rights/Chapter 245 Waiver. The parties shall be subject to all ordinances of Wylie, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property, or any portion thereof,unless specifically enumerated herein. 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 Developer. EACH DEVELOPER WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE,AS AMENDED,UNDER THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Development Agreement—Stone Street Building Materials Standards Page 6 of 13 2837901 12. Attorney's Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Developer and Wylie, the prevailing party shall be entitled to recover as an element of its costs of suit,and not as damages,reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEX. Loc. Gov'T CODE § 271.153, as it exists or may be amended, if applicable. 13. 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. 14. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties. 15. 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. 16. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 17. 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. 18. 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). 19. 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. Development Agreement—Stone Street Building Materials Standards Page 7 of 13 2837901 20. 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. 21. 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, except as expressly set forth herein. 22. Assignment/Binding Effect. (a) This Agreement is assignable, in whole or in part, upon the following conditions, all of which must be satisfied before any such assignment shall be valid and enforceable: (i) the assignment of the Agreement must be evidenced by a recordable document ("Assignment"), the form of which must be approved in writing by Wylie; (ii) the Assignment must expressly contain, among any other reasonable requirements and conditions of Wylie, an acknowledgment and agreement that all obligations, covenants and conditions contained in this Agreement will be assumed solely and completely by the assignee, and the contact name, address, phone number, fax number and electronic mail address of the assignee; (iii) Developer will file any approved,executed Assignment in the Real Property Records of Collin County, Texas; and (iv) Developer shall provide Wylie with a file-marked copy of the Assignment within ten (10) days of filing the same, and until Wylie receives said file- marked copy of the Assignment as provided herein, Wylie shall not, under any circumstance, recognize said Assignment. (b) This Agreement shall be binding upon and inure to the benefit of Wylie and Developer. 23. Indemnification. The Parties agree that the Indemnity provisions set forth in Section 9 and Section 10 herein are conspicuous, and the parties have read and understood the same. 24. Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Development Agreement—Stone Street Building Materials Standards Page 8 of 13 2837901 25. 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. 26. Reference to Developer. When referring to"Developer"herein,this Agreement shall refer to and be binding upon Developer, and Developer's officers, directors, partners, employees, representatives, contractors, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and any other third parties for whom Developer is legally responsible. 27. Reference to Wylie. When referring to "Wylie" herein, this Agreement shall refer to and be binding upon Wylie and Wylie's Council Members, officers, agents, representatives, employees and any other authorized third parties for whom Wylie is legally responsible. 28. 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. [Signature page follows.] Development Agreement—Stone Street Building Materials Standards Page 9 of 13 2837901 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 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 for the City of Wylie, Texas, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2020. Notary Public, State of Texas My Commission Expires: Development Agreement—Stone Street Building Materials Standards Page 10 of 13 2837901 Stone Street Properties, LP, a Texas resident By: Dwayne Clark Manager of Rushford Property Management, LLC Date: STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared Robert Kreymer, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me that he 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: Development Agreement—Stone Street Building Materials Standards Page 11 of 13 2837901 Exhibit A-1 Legal Description of Stone Street Aa shad certain fora a mew d land siu.i.d h the Ilk MARS ALL SURW.Y, ABSTRACT M). SDI,Cdaa Coixy. Time,ire berg a d a 1.38I scree tract a tend as descrbed in is t Anent'o Howe .firm tlescs* d as blows_COMMlews le no_ CB all BEGINNING eel a Man r i Omni tar ixmer at the 5omainasl canard 1..3d4 sues trod. pint balm al tie riss.t corner d a O.Di05 acne Secs as d•.aribad h ell r�den !Glr.repie,as recorded in Volu . 5093, Peg.5101 of the Lona Records d C nn ,is THENCE N.00 clog 16 Rat 26 sac. W. akwv the Wed ter d sod I.354 sap bat and the Ems left 0 WS Wes trait■debren d 5321 b a NC ben ra<f Iaasd kw mower at Ergs twurinaa d• 1.00.cAS tract as desciabed M+ a Werra*dead Maoc rl.. Forst k Sb eet Propene*,dosed A#est i zcos and berg noonl•d Mn Vokene 568& d tle C Pubic Roasts d Colin Goo*, Tams. 114EN 'E$ »clop 14 min 19 sew E.glamor Sash Ins of cab 117K}mows tract. a(imam c bob•3frr ran rbd hand Ix corner is!4r Zoutnassit calmer 01 wins T1#MICE H. '7 del_ 33 rrwt.00 sac. E. (Caboi� tli raafti,p S)a+eong ISM. East ire o! sad 1 O1 t Irma .Mitsn ce c+ 1 c 1 O1 feet b a VT iron rod toad tor Dome in he Woo lees cd a 2 W 5 eves dmub.d in■ deco to Whorl G Banner ante Sharon K. B.rrer as recorded In Vc sri Pape 012 d tt s lane! d Cain Gour>r7 Te:k THENCE S 21 ate. 27 Mit 19 sec.E.Sorg Ins Weal i e of seed 2076 acres amt.a asters:a o bet fn a V2' iron rroe found far Frew; rws�V l 7 'p norm_ONCE 11C1.ett 10 Mr kw rod Ic s Ice W. Me So. poorer at aa'iIC Incl.s auburn r T}iENC[ N. es flop. 15 men.23 sec. W a thbn:sof 19430 feel to re POINT 4f 8E0,14040 e OM scram ci rand. Development Agreement-Stone Street Building Materials Standards Page 12 of 13 2837901 Exhibit B Building Materials Standards As used in this Agreement,the term"Building Materials Standards" shall include all standards for building products and materials and aesthetic methods in the construction, renovation, maintenance and alteration of buildings set forth or referenced in the following: 1. Ordinance No. 2019-23, Zoning Ordinance Section 4.3 (Non-Residential Design Standards), as it exists or may be amended by Wylie in its sole discretion 2. Ordinance No. 2018-14, International Property Maintenance Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 3. Ordinance No. 2018-13, International Existing Building Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 4. Ordinance No. 2017-41, International Fire Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 5. Ordinance No. 2017-40, National Electrical Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 6. Ordinance No. 2017-39, International Residential Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 7. Ordinance No. 2017-37,International Plumbing Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 8. Ordinance No.2017-34,International Energy Conservation Code and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 9. Ordinance No. 2017-32, International Building Code — Commercial and all local amendments thereto, as it exists or may be amended by Wylie in its sole discretion 10. Any other existing or future ordinance, rule or regulation adopted by the Wylie City Council that establishes a standard for a building product, material or aesthetic method in construction, renovation, maintenance or other alteration of a building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building Development Agreement—Stone Street Building Materials Standards Page 13 of 13 2837901 IAI fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 17, 2020 Exhibits: 3 Subject Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural District (AG/30) to Commercial Corridor(CC), to allow for commercial uses on 1.364 acres located at 7940 E Parker Road. (ZC2020-07) Recommendation Motion to approve a change of zoning from Agricultural District (AG/30) to Commercial Corridor (CC), to allow for commercial uses on 1.364 acres located at 7940 E Parker Road. (ZC2020-07) Discussion OWNER: Stone Street Properties APPLICANT: Dwayne Clark The applicant is requesting to rezone 1.364 acres located on Parker Road approximately 250' east from the intersection with Elaine Drive. The property is currently zoned Agricultural(AG/30). The reason for the requested rezoning to Commercial Corridor(CC) is for marketing purposes. The applicant has a daycare developer interested in the property,but does not have development plans at this time. Should rezoning be approved, a site plan and plat approval will be required once there is a use with a designed layout for the site. The subject property is adjacent to agricultural land on the east and west, residential land on the south, and land outside of the city limits on the north. The Comprehensive Master Plan identifies the subject property as being located in the General Urban Sector and primarily supports the retail, service, office, light production and research/development uses. A Development Agreement regarding the use of building materials is on the current agenda. Notifications/Responses: Twelve notifications were mailed; with no responses received. P&Z Commission The P&Z Commission voted 7-0 to recommend approval. 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J I �.` I I \ / • I i E PARKER RD 11 i I I 1 4 I • ��i� i 1 7900 ��4 7812 ♦............1, .iiiiiiiiiiii 1, 1 ♦...........♦ 7960 I ♦..........♦1. ♦.........�1..♦ ;T;i;T;iiiiiii;; ' i .............. �� 1 WYLIE ETJ 2611 m L �.�.�.�.�.�.�.�.�.�.�.�.�.�� 1 z • 1 m i i (6C-- o ; iG 2609 77 7901 7903 7905 �, I S� •` I I 2607 ,•N•%DALTON DR ,i •"•IvNGSBRIDGE • '� 2604 2605 Et Cl 2605 N z in cC pi 2602 2603 260 ZC 2020-07 Clark , AI ,r ti ,, :j __r. 1 i , q.-... ti 4 '7 ` , 200 Foot Notifcation Buffer �� Subject Property IN ti 1__ 1U 1i1:e j 0 50 100 200 300 400 500 CITY OF k I_ z' N Feet WYLIE - �,,; �)'t ,A fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: 3 Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: N/A All Funds Summary, Budget Date Prepared: August 17, 2020 Exhibits: Ordinance Subject Hold a Public Hearing, consider, and act upon, Ordinance No. 2020-44 adopting a budget for all city funds, including the Wylie Economic Development Corporation(4A) and the Wylie Parks and Recreation Facilities Development Corporation (4B) and appropriating resources for Fiscal Year 2020-2021 beginning October 1, 2020 and ending September 30, 2021. Recommendation Motion to approve Ordinance No. 2020-44 adopting the budget and appropriating resources for Fiscal Year 2020-2021 beginning October 1, 2020 and ending September 30, 2021. Discussion The tax rate proposed for the FY 2020-2021 budget is .671979 per$100 assessed valuation which is one cent below the No New Revenue Rate. The Fund Summary included shows appropriable funds of$107,175,115 which represents all operating funds, debt service funds and capital funds. This total also includes the budgets for the Wylie Economic Development Corporation(4A) and the Wylie Parks and Recreation Facilities Development Corporation(4B). The City has met the requirements of Local Government Code Chapter 102 which requires us to hold a public hearing after providing notice. The vote to adopt the budget must be a record vote.The adoption of the FY 2020-2021 tax rate is presented as a separate item. Page 1 of 1 ORDINANCE NO. 2020-44 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2020-2021, BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2020-2021; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS, the City Council on August 25, 2020, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation,has determined that the proposed budget and the revenues and expenditures contained therein is in the best interest of the City and therefore desires to adopt the same by formal action; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2020-2021. Section 2. That the sum of one hundred seven million, one hundred seventy-five thousand, one hundred fifteen dollars, $107,175,115 is hereby appropriated for the City's FY 2020-2021 Budget. These funds are payment of operating, capital, and debt service expenses associated with the operation and administration of the City according to the various purposes and intents described in the FY 2020-2021 budget document. Section 3. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance No.2020-44 Approval of Budget FY2020-2021 1 Section 4. Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. Section 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 25th day of August, 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No.2020-44 Approval of Budget FY2020-2021 2 FY2021 PROPOSED BUDGET NOTICE FOR THE CITY OF WYLIE This budget will raise more total property taxes than last year's budget by$577,819 or 1.79%, and of that amount, $1,117,893 is tax revenue to be raised from new property added to the tax roll this year. NOTICE OF PUBLIC HEARING AND BUDGET SUMMARY FOR FY2020 CITY OF WYLIE NOTICE IS HEREBY GIVEN,pursuant to Article VII Section 3 of the City of Wylie City Charter,that the Wylie City Council will conduct a public hearing on the proposed City Budget for Fiscal Year 2021 on the 25th day of August 2020,at 6:00 p.m.in the Council Chambers of the Wylie Municipal Complex,300 Country Club Rd,Wylie,TX.Copies of the proposed budget are available for inspection by the public at the Rita and Truett Smith Public Library,the City Secretary's Office and the City Manager's Office during regular business hours,and can be viewed online at www.wylietexas. gov/departments/finance/budget.php. The following is a General Summary of the budget which has been proposed. SUMMARY OF REVENUES,EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2020-2021 BUDGET DEBT SERVICE FUNDS PROPRIETARY FUND SPECIAL CAPITAL GENERAL REVENUE G 0 DEBT 4B DEBT PROJECTS TOTAL ALL FUND FUNDS SERVICE SERVICE FUNDS UTILITY FUND FUNDS ESTIMATED BEGINNING BALANCES $ 18,523,678 $ 8,328,057 $ 1,353,064 $ 213,528 $ 32,548,881 $ 15,011,303 $ 75,978,511 REVENUES: Ad Valorem Taxes 26,932,239 - 8,417,673 - - - 35,349,912 Non-Property Taxes 5,966,874 6,036,874 - - - - 12,003,748 Franchise Fees 2,840,000 - - - - 2,840,000 Licenses&Permits 916,852 12,000 - - - - 928,852 Intergovernmental 2,020,006 - - 6,900,000 - 8,920,006 Service Fees 3,872,224 1,168,000 - - 1,660,000 24,306,619 31,006,843 Court Fees 331,450 20,000 - - - - 351,450 Interest&Misc.Income 202,500 388,140 3,800 - 1,600 56,000 652,040 TOTAL REVENUES 43,082,145 7,625,014 8,421,473 - 8,561,600 24,362,619 92,052,851 Transfers from Other Funds 2,416,161 30,000 - 392,250 - - 2,838,411 TOTAL AVAILABLE RESOURCES 64,021,984 15,983,071 9,774,537 605,778 41,110,481 39,373,922 170,869,773 EXPENDITURES: General Government 12,876,269 8,250 - - - - 12,884,519 Public Safety 23,326,497 2,204,975 - - - - 25,531,472 Development Services 1,173,642 - - - - - 1,173,642 Streets 4,466,149 - - - - - 4,466,149 Community Services 4,670,860 3,484,567 - - - - 8,155,427 Utilities - - - - - 21,397,448 21,397,448 Debt Service - - 8,649,357 392,250 - 1,471,054 10,512,661 Capital Projects - - - - 16,682,230 - 16,682,230 Economic Development - 3,533,156 - - - - 3,533,156 TOTAL EXPENDITURES 46,513,417 9,230,948 8,649,357 392,250 16,682,230 22,868,502 104,336,704 Transfers to Other Funds - 422,250 - - - 2,416,161 2,838,411 ENDING FUND BALANCE $ 17,508,567 $ 6,329,873 $ 1,125,180 $ 213,528 $ 24,428,251 $ 14,089,259 $ 63,694,658 TOTAL REVENUES $ 94,891,262 NET DECREASE(INCREASE)IN FUND BALANCE 12,283,853 TOTAL APPROPRIABLE FUNDS $ 107,175,115 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: N/A Date Prepared: August 17, 2020 Exhibits: Budget Cover Page Subject Consider, and act upon, approving the property tax revenue increase reflected in the budget. Recommendation Motion to approve the property tax revenue increase reflected in the budget. Discussion The tax rate needed to support the newly adopted FY 2020-2021 Budget is .671979 per $100 assessed valuation. This tax rate is one cent below the No New Revenue Tax Rate and represents a decrease of$.016475 (1.6475 cents) from the tax rate of FY 2019-2020. This agenda item is required by state law because there will be an increase in the TOTAL TAX REVENUE the City receives due to new property that was added to the tax roll and an increase in the total property assessed valuation. Section 102.007 of Texas Local Government Code and passage of HB 3195 requires the governing body to hold a separate vote to ratify the increase in property tax revenue that is reflected in the budget. Page 1 of 1 Q Due to the passage of N.B. 3995 during the 80th Legislative Session, the following statement must be included as the cover page for any budget document: "THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR'S BUDGET BY $577,819 OR 1.79%, AND OF THAT AMOUNT, $1,117,893 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR. " 0 0 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: 5 Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: August 20, 2020 Exhibits: Subject Hold a Public Hearing on the proposed tax rate of$0.671979 per $100 assessed valuation for fiscal year 2020-2021 and provide all interested persons an opportunity to be heard, either for or against the tax rate. Recommendation Open the Public Hearing and allow interested persons to be heard. Discussion On August 11, 2020, the City Council voted to accept the calculation of the no new revenue tax rate, the voter approval tax rate and the proposed tax rate for the 2020-2021 budget. Because the proposed tax rate is lower than the no new revenue tax rate and lower than the voter approval tax rate, the City is not required to hold a public hearing. But in the interest of transparency, a public hearing was scheduled for August 25, 2020 so that citizens may be heard. All of the required tax information was published in the City's official newspaper, The Wylie News, on August 19 in the"Notice of Meeting to Vote on Tax Rate." All interested persons shall be given an opportunity to be heard, either for or against the proposed tax rate. After the public hearing, Council will need to approve the M&O tax rate and the I&S tax rate separately, adopting the Ordinance that will fix the property tax rate/levy of$0.671979 per $100 assessed valuation for the fiscal year 2020-2021. Page 1 of 1 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: 6 Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: August 20, 2020 Exhibits: Ordinance No. 2020-45 Subject Consider,and act upon,Ordinance No.2020-45 fixing the M&O tax rate/levy for the Tax Year 2020 and Budget Year 2020- 2021 at $0.512180 per $100 assessed valuation. Recommendation I move to approve an ad valorem tax rate of$0.512180 on each$100 of assessed valuation of taxable property for general city purposes and to pay the current maintenance and operations expenses of the City of Wylie, for the fiscal year ending September 20,2021, and to adopt Ordinance No. 2020-45, fixing and levying the same for a total tax of$0.671979 on each $100 of assessed valuation. Discussion The tax rate needed to fund the FY 2020-2021 budget is $0.671979 per $100 of assessed valuation. The tax rate has two components: $0.512180 per$100 valuation is allocated for operations and maintenance and$0.159799 per $100 valuation is allocated to fund the General Debt Service Fund. Texas Property Tax Code Section 26.05(a)(1) requires that each of these components be approved separately. The proposed M&O rate of$0.512180 will generate a General Fund levy of $26,932,239. Page 1 of 1 ORDINANCE NO. 2020-45 AN ORDINANCE FIXING THE TAX RATE AND LEVY FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN THE CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF THE CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30,2021,AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF THE CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2020-2021; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax on all taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS,the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2020-2021; and WHEREAS, notice of the proposed tax rate, the no-new revenue tax rate and the voter- approval tax rate has been published as required by law and the City has received no formal protest thereof NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2020-2021 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2020, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of$0.671979 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: Ordinance 2020-45 Approval of Tax Rate Year 2020 and Budget Year FY2020-2021 1 a) An ad valorem tax rate of $0.512180 on each $100 of assessed valuation of said taxable property is hereby levied for general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September 30, 2021, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax rate of $0.159799 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and principal of the valid bonded indebtedness, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the General Debt Service Fund of the City of Wylie, Texas, for the fiscal year ending September 30, 2021. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. Section 5. Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. 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. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Section 8. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision 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, on this the 25th day of August, 2020. Ordinance 2020-45 Approval of Tax Rate Year 2020 and Budget Year FY2020-2021 2 Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: September 2,2020,in the Wylie News Ordinance 2020-45 Approval of Tax Rate Year 2020 and Budget Year FY2020-2021 3 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: 7 Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: August 20, 2020 Exhibits: Ordinance No. 2020-45 Subject Consider, and act upon, Ordinance No. 2020-45 fixing the I&S tax rate/levy for the Tax Year 2020 and Budget Year 2020- 2021 at $0.159799 per $100 assessed valuation. Recommendation I move to approve an ad valorem tax rate of$0.159799 on each $100 of assessed valuation of taxable property for the purpose of creating an Interest and Sinking Fund with which to pay the interest and principal of the valid bonded indebtedness, and related fees of the City of Wylie, now outstanding, for the fiscal year ending September 20,2021, and to adopt Ordinance No. 2020-45,fixing and levying the same for a total tax of $0.671979 on each$100 of assessed valuation. Discussion The tax rate needed to fund the FY 2020-2021 budget is $0.671979 per $100 of assessed valuation. The tax rate has two components: $0.512180 per$100 valuation is allocated for operations and maintenance and$0.159799 per $100 valuation is allocated to the General Debt Service Fund. Texas Property Tax Code Section 26.05(a)(1) requires that each of these components be approved separately. The proposed I&S rate of$0.159799 will generate a debt service levy of$8,417,673. Page 1 of 1 ORDINANCE NO. 2020-45 AN ORDINANCE FIXING THE TAX RATE AND LEVY FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN THE CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF THE CITY FOR THE FISCAL YEAR ENDING SEPTEMBER 30,2021,AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF THE CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2020-2021; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax on all taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS,the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2020-2021; and WHEREAS, notice of the proposed tax rate, the no-new revenue tax rate and the voter- approval tax rate has been published as required by law and the City has received no formal protest thereof NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2020-2021 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2020, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of$0.671979 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: Ordinance 2020-45 Approval of Tax Rate Year 2020 and Budget Year FY2020-2021 1 a) An ad valorem tax rate of $0.512180 on each $100 of assessed valuation of said taxable property is hereby levied for general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September 30, 2021, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax rate of $0.159799 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and principal of the valid bonded indebtedness, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the General Debt Service Fund of the City of Wylie, Texas, for the fiscal year ending September 30, 2021. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. Section 5. Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. 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. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Section 8. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision 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, on this the 25th day of August, 2020. Ordinance 2020-45 Approval of Tax Rate Year 2020 and Budget Year FY2020-2021 2 Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: September 2,2020,in the Wylie News Ordinance 2020-45 Approval of Tax Rate Year 2020 and Budget Year FY2020-2021 3 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: WS 1 Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: August 17, 2020 Exhibits: Presentation and exhibits Subject Discuss future development of the Brown and Stonehaven Houses. Recommendation N/A Discussion During the budget process for FY21 the City Council expressed concern with the proposed budget for developing an initial phase for the Stonehaven House. The Council directed staff to provide a more comprehensive roadmap for the development of both houses and bring that back to a subsequent meeting for review. Parks and Recreation staff has created a plan for the development of both houses through FY25 based on the plans developed by consultants Kimley-Horn and Architexas. The proposed staff development plan outlines what will be done to the houses and surrounding property, construction budget amounts for each phase of development, and how each phase of development will be funded(i.e. Hotel/Motel Fund, 4B Fund, General Fund). The intent of the staff proposed plan is to create a starting point for discussion, the plan can be modified or changed based on City Council input. Page 1 of 1 Thomas and Mattie Brown House i & Stonehaven House - w Rehabilitation p, - R. , , g; _1 t ILA!. J I , ullLii .. Wylie City Council Presentation '� ° August 25,2020 ..F. Presented by Robert Diaz, Director of Parks and Recreation WY Li E Parks and Recreation '' III IC III un uu II iii iii II III 1riIi ii , IC III ful INI._,II i l Ili Ii IV d If lid minivi 4 1!; In III ;III III I 1 _ __ _ ________ _ _ _ 4 Thomas and Mattie Brown House 1 . _,. 301 North Ballard Avenue ;. :; _ - l Acquired 2015 - I, ,f , -I L _j qk. . ilk is ,� '' If � 9 al . - ,,. _ Phase 1 Phase 2 Phase 3 Parking and Access Public Park Space Period Garden Pedestrian Bump-outs Exterior Lighting Exterior Lighting Statue Relocation Public Restrooms Landscape Accessible Ramp Storage Irrigation Remove Existing Drive Landscape Remove Fencing Irrigation Fill-in Storm Shelter •, � " }SRA v'4 1'. \ . 71 Thomas and Mattie Brown House � -112: Rehabilitation Budget �! �j ■ l , I _ -- - w_ Fund I FY 19-20 FY 21-22 'trFY 23-24 Total Phase 1 Hotel/Motel $175,000 $175,000 Phase 2 General Fund $260,000 $260,000 Sales Tax $260,000 $260,000 Phase 3 Hotel/Motel $145,000 $145,000 Total $175,000 $520,000 $145,000 $840,000 Stonehaven House . 1498 South Ballard gam: a ' ' t t ° Acquired 2017 �`� ri ca Phase 1 Phase 2 Phase 3 Provide Basics Public Park Space Finish Out Structural Repairs Parking and Access Mechanical Restore Windows Landscape Plumbing HVAC Install Irrigation Electrical Add Utilities Fireplaces Porch and Stairs Gutters Weatherproof Insulation Restroom Storage Stonehaven Houseri ., , . ., = s r. a i tri 111 2 .1. e. Rehabilitation Budget ; :�, 11 1 cl T IT, ,, .._, . _ _ . __. 9 tia. P 4 ,,, .:.,..,. .rry � r. Fund FY 2O-21 FY 22-23 FY 24-25 Total Phase 1 Hotel/Motel $120,000* $120,000 Phase 2 General Fund $150,000 $150,000 Sales Tax $150,000 $150,000 Phase 3 General Fund $270,000 $270,000 Sales Tax $270,000 $270,000 Total $120,000* $300,000 $540,000 $960,000 i *This funding was originally part of the proposed FY20-21 budget,but was removed in the final FY20-21 budget in order for the City Council to review future planning for both facilities.This amount could be brought for City Council consideration as part of a Mid-Year FY20-21 request. Proposed Combined Rehabilitation Budget All Phases by Fund FY 19-20* FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 Total Brown Stonehaven Brown Stonehaven Brown Stonehaven House House House House House House Hotel/Motel $175,000* $120,000 $145,000 $440,000 General $260,000 $150,000 $270,000 $680,000 Fund Sales Tax $260,000 $150,000 $270,000 $680,000 Total I $175,000* $120,000 $520,000 $300,000 $145,000 $540,000 $1,8000,000 j *$175,000 was approved by the City Council as part of the FY19-20 budget to complete Phase 1 of the Brown House improvements. The amount will be carried over to the FY20-21 budget due to project delays. The Phase 1 improvements are expected to be completed in FY 20-21. Architexas Kimley >> Horn Brown House Reuse Wylie,Texas „ Program Development CITY OF WYLIE Program Development for the use of the historic Brown House located in Wylie,Texas. eA ` ` 4 „J ,C � ---A- 'b"s A t+ri a 'fir . ; #s f .•,.aaa++ri.-_ :.i, y� 7 ', . .. - 1,t .A� NS 1/ � 10'4:S # �.y ' air, ii K- _._ — ,IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIP;y s IIIIIIIIIIIIIIIIIIIIIII a od,i ate _ vn., �- 'fir ii i.. fir,- <^�+ HI, III' "gide i ak K , ++ I I 11 II a' N r. Table of Contents Dallas 1907 MariIla St. Second Floor History 3 Dallas,Texas 75201 Future Use Discussion C p 214.748.4561 J Austin Initial Concepts 2900 S.Congress Ave. Suite 200 Opinion of Probable Construction Cost 8 Austin,Texas 78704 p 512.444.4220 Dallas I Austin www.architexas.com 2 History William Thomas and Martha Housewright Brown, natives of Illinois,moved to Wylie shortly after its establishment on a newly constructed railroad line from Paris,Texas to Dallas built by the Gulf,Colorado,and Santa Fe Railroad company in 1886.Thomas and his business partnerJohn H.Burns purchased over 31 acres,which included this site,from Nancy and James Vaughn Russel in 1887. The Browns secured this home site in 1888 and replaced their original residence with this home in 1905.The house exhibits an unusual variety of material,elaborate roof-scape and asymmetrical plan typical of the Queen Anne Style.The gables of the four dormers are covered with fish scale shingles. Prominent features include a wraparound porch with slender paired doric columns,dentil frieze, Palladian windows and polygonal bays with cutaway corners on their side elevations. I l I I J L QV I a 5 .. BALL //1AorexARC AV. \ "� �ID 6 114 $ `l_WINN✓R R El i �i 4 2 ►` fi G:- 2 A 0 Iy tp :'1 4/EA, JACKSON AV. R Z • Ti © j u 2 � 1el N LLL_RR Yip I N M € a. 2 ® - L s .0 o rt .r xLT; „, _ b m . ,:.. 8 11 a ' „,, r psa , Original located at the Dolph Briscoe Center for American History,University of Texas at Austin. Sanborn Insurance Map, 1906 Dallas I Austin www.architexas.com 3 Although Thomas Brown died just two years after the house was built,Mrs.Mattie Brown continued to live here until her death in 1922.The house was then inherited bythe Browns'adopted daughter,Tennie Lee(Rattaree)Creel and remained in her family until 1931. The Brown House changed hands several times before being purchased by the F.O.Birmingham Memorial Land Trust in 1989. Under the trust's leadership,the house was rehabilitated, including the reconstruction of the corner turret, restoration of the exterior,and conversion of the attic into a second-floor office space.The trust was forced to sell the house in 2015 due to a change in federal trust laws.The City of Wylie purchased the property to ensure its preservation and enjoyment by the community. +c ,n vl- t 45 `_t .';, 7 : 4 5, " .r1� 419 ill..�. I Ii" I I I 11 1 liki. i JiYll;;;AIN iiiiiiiiiiiiiii iiiiiiiiii mil li'I n - _ r 1 - r (j- -, , .. ,___. r-i , -r- -r4 1 1.._ 1 L_... I J [- 4 _.- 0 ' ' I---: (.1r MEW _ ,Lwdz FI©,Plan Dallas I Austin www.architexas.com 4 Future Use Discussion The following is a recap of the initial meeting with the Parks and Recreation Director,Robert Diaz and staff members Julie Pannell and Carmen Powlen and with the design team of Kimley-Horn and Architexas.The purpose of the meeting was to discuss the assets and liabilities of the historic property and explore possible uses that would be feasible,preserve the historical integrity and become an asset to the community.The following are potential uses that were discussed: Event Facility While providing an attractive historically significant and architecturally appealing venue,rental of the house for events is not preferred.A rental option would be considered if a plan can be created to improve the current low rental frequency. The house has a maximum occupancy of 35 for tabled events,40 for events with chairs only,and 49 for standing events.These totals limit its marketability. The internal spaces were designed for a single-family home and are chopped up and disjointed with no organizing main space.The conversion to allow for a more functional event space by providing more open area in the house would compromise its historical integrity. The rental income from this size facility in a limited market will not match the associated expenses. The city's annual operating cost budgeted for the facility and grounds is$227,161.00. The facility cannot generate this income. An event facility also requires management staff which is a significant expense and would need to be subsidized by the city. Police Sub-Station Inclusion of a police sub-station/office as part of occupancywas proposed and is under consideration. Parks and Recreation Administrative Use The relocation of the Parks and Recreation offices is a possible use. This would include staff offices for citizens to make park reservations,and utilization of the property for parks-sponsored events like yoga on the porch and Halloween events.This approach would better integrate the house and its use into downtown activities and events including Arts fest and the bluegrass fest. Public Park on Site Improvements to the site would be focused on making this a public park amenity for the city that could serve the citizens and tourists.The park could complement the house,connect with the Chamber of Commerce and provide a downtown amenity. Wylie Welcome Center A City Welcome Center for tourist orientation and engagement with the history of Wylie that could coordinate with the neighbouring Chamber of Commerce office could be accommodated into the house. The Welcome Center can promote local businesses and city amenities.This use could also serve as the Welcome Center for the recreational use of Lake Lavon. Teaching Kitchen The current catering kitchen is not particularly useful if it is not used as an event venue. It might be converted to a teaching kitchen or other amenity for community or park use. Dallas l Austin www.architexas.com 5 Site Improvement Discussion Parking is inadequate for any use.A plan to increase parking and loading needs to be included. Site planning could include plans for coordinating with the adjacent Chamber of Commerce. Restrooms are inadequate.Consideration of public restrooms should be considered. Formal period gardens should be considered. Better utilization of the open space(yard)to the north needs to be considered-possible public park. Eliminate redundant drive and move parking westward to alley. Better utilize street frontage/wide streets should be considered-possible increased parking. Make the house more welcoming and accessible.Consider redesign of decorative fence and gates. Home Needs Discussion Evaluate furniture in storage to identify items that may be useful in the operation and interpretation of the house. + Establish design guidelines for ongoing improvements for more appropriate historic treatments. + Identify immediate repair needs. 4 Basic accessibility improvements to and within the house and restroom. Provide a new accessible ramp or lift that meets TDLR Standards with access to the front door. Develop a maintenance plan for short,medium and long term maintenance needs. Conduct a paint analysis to establish and maintain the house's historic exterior paint scheme. • • • }• - 411,7 Ili 1'0114 ;a 4%..., , uiiuiiiiiiuuiiui m1110 • MIN*a!� Dallas I Austin www.architexas.com 6 Initial Concepts The primary goal of the City of Wylie as owner of this valuable historic resource is to facilitate a use that will: (1)Preserve the house and site and preserve its historical integrity (2)Promote a sustainable and appropriate use that engages the community (3)Contributes,enhances and promotes the historic town center as the key historical site (4)Generate revenues if possible *,. • E ass' i •!n1 _ I ll� __ , � `y. rWulllllllll If111111111111111111i11 hw Site The site offers significant opportunities for increased public outreach and use.The site should become more engaged with the historic downtown.Greater engagement with the downtown can be facilitated with greater access to the site. This can be achieved by opening the fenced in site on the southeast corner and providing a gated entry on axis with the cornerturret leading to the walkway and extending the sidewalk out to the southeast.This will also improve internal visitor circulation.Reconfiguration of the corner will require the relocation of the existing Birmingham commemorative statue. Additional public parking should be planned on site and on North Ballard and Jefferson Streets.Making the alley one-way access to the north and providing back-in angled parking can add additional parking and provide additional green space for the public park.North Ballard Street is 53 feet wide and Jefferson Street is 45 feet wide.Both streets are wide enough to easily accommodate additional and more efficient public parking with street trees,wider sidewalks and period street lighting. Dallas I Austin www.architexas.com 7 L y y` ALLEY I ONE WAY ALLEY ONE WAY 405 1 WROUGHT IRON FENCE I NEW I ON SI TE PARKING I I IL1 2 3 4 5 6 7 8 8 10 11 12 13 14 15 16 11 18 19 20 21 'MI r� -T _' NEW ...T.r o __JTz PARKING �T tl 'CISTERNI .......,e i �.! _��_a T CHAMBER p OF J3= COMMERCE GATE I WROUGHT IRON FENCE .mm. TOWN GATE GATE PARK ENTRY ENTRY ` T 1' ` ARKING `NEW P — 1 Site.'" Now, Architexas CREATE+CONSERVE MO Community engagement with the Brown House and its history can be further accomplished by creating a public park setting.The large yard on the north can become a public park with amenities for the public including shaded,landscaped seating,potential water feature,drinking fountains and public toilets.Other uses may be accommodated based on public input.This park can be a significant asset to the downtown,serving as an organizing venue for civic events and providing space for smaller public rentals. Incorporating an enlarged historical"period garden"on the southwest yard adjacent to the cistern can be a visual and educational asset. L ALLEY 2 ONE WAY 1 ALLEY ONE WAY • NEW r_ I IRO WROUGHT MN FEN I ON SITE PARKING I I I `1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 T7 18 19 20 21 22I .wv �..w� PERIOD GARDENS `: a NEW .. -4 i PARKING . ..m..4.1 LL GATE O CISTERNI •• .. I r,l.lr...�..�_J 0 & CHAMBER OF ... J PO 3 COMMERCE ^ BLIC PARK WROUGHT IRON FENCE I D TOWN GATE GATE PARK ENTRY ENTRY c 7\ ` ` NEW • • PARKING uwusmEncum Y� 1 SXPoMw en Archirexas CREATE+CONSERVE Dallas I Austin www.architexas.com 8 !`kl- 4' ( .ice" y>s 4ikt"` t ,¢�( 14 ��k V�4. 'Y }3� I f 1 � . Z g}Y�� I W ' s E + -tnk t4PP oe it 1 J I I } "Ml:...�' """ .. `'.."'-:< "`., ___ Liberty Park Plaza,Grapevine Brown House The house was renovated in the 1980's.While in good condition,the renovation included some finishes that are not associated with the style of the original house.Recommended improvements to the house should include new wallpaper appropriate to the period,historic paint colors and appropriate lighting fixtures.For an improved historic setting,historic period furnishings should be placed in the house where possible. Interior improvements should include a new stair handrail to the second floor that meets current building codes and is in a compatible style.The exterior was painted a color that was not the original palette.A historic paint analysis should be performed to determine the original and more appropriate paint palette. Period Gardens Private home gardens were popular in the late 19th and early 20th century.As an educational and aesthetic aspect of the plan for the Brown House there is an opportunity to create a formal garden representative of landscapes and gardens popular during the period the house was built and inhabited.Neat pathways,geometric flower beds,arbors and small fountains were representative of formal 19th Century Gardens.Color took precedence over form and line,and variety over repetition.Some back gardens might be more informal/curvilinear in outline,and feature collections of plants such as a ferns or roses.Period books,newspapers and magazines can provide ideas about garden styles and plant varieties of that time.The gardens can have both perennial and seasonal plantings with interpretive labeling. t'r. ter, - - - r A,.y . • 114 is _ t.: . 4 i i - :2 ifil -It / /I TA .4 . ... \ \ ,,,. ... . a q, r. -r Dallas I Austin www.architexas.com 9 REFRESHMVISITOR/ENT OFFICE ey sX Vi L1iVl CENTER KITCHEN mscrvarvicac eR'Room OR SF STAIR `ccrvnrvicni . _ .M.PLATFORM (j- nasr s LIFT OFFICE 1 HALL HISTORICAL DISPLAY/VIDEO 11 HOSPITALITY/ I l ee270 SF oRooR DINING ROOM CONFERENCE MEMO ROOM astsr sorsx RECEPTION/PUBLIC PARLOR INFORMATION STORAGE xatsr tSssF LIVING ROOM ATTIC 0 ssr I V OAN 'NSF II TI Preliminary Use _, 2 Lev ell Floor Plan ,L. i',,Levee1 Floor Plan Plan A Welcome Center could include: Reception area Interactive/Historical Display Area/Video Small Hospitality/Meeting Area Public Information of Events and Activities Local Business Promotional Material Limited Visitor Refreshments Both projected uses would require limited renovation of the existing house and low cost.Further detailed programming will need to be undertaken for a final plan to facilitate these uses. Dallas I Austin www.architexas.com 10 Kimley>>>Horn OPINION OF PROBABLE CONSTRUCTION COST Project: Brown House Reuse Wylie,Texas Client: City of Wylie Prepared By: Regan Beck Checked By:Joe Helmberger,P.E. Job Number: 064478709 Tuesday,December 4,2018 DEMOLITION NO. DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 1 Remove Existing Fence 545 L.F. $ 2.00 $ 1,090.00 2 Remove Existing Asphalt Pavement 200 S.Y. $ 10.00 $ 2,000.00 3 Remove Existing Concrete Pavement 430 S.Y. $ 15.00 $ 6,450.00 4 Remove Trees 13 EA. $ 500.00 $ 6,500.00 5 Relocate Shed 1 EA. $ 1,500.00 $ 1,500.00 6 Relocate Statue 1 EA. $ 5,000.00 $ 5,000.00 $ 22,540.00 LIGHTING NO. DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 7 Lighting 24 E.A. $ 1,000.00 $ 24,000.00 $ 24,000.00 IRRIGATION NO. DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 8 Irrigation 1 L.S. $ 6,630.00 $ 6,630.00 9 2"Irrigation Service 1 EA. $ 1,500.00 $ 1,500.00 $ 8,130.00 SITE CONCRETE laythaw NO. DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 10 Concrete Sidewalk(6"-3600 PSI) 23 S.Y. $ 60.00 $ 1,380.00 11 Reinforced Pavement 287 S.Y. $ 55.00 $ 15,785.00 12 Brick Paver Sidewalk 7 S.Y. $ 135.00 $ 945.00 13 Barrier Free Ramp 2 E.A. $ 1,800.00 $ 3,600.00 14 6"Monolithic Curb 525 L.F. $ 6.00 $ 3,150.00 $ 24,860.00 EROSION CONTROL NO. DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 15 Reinforced Silt Fence 830 L.F. $ 3.00 $ 2,490.00 16 Stabilized Construction Entrance 1 EA. $ 2,100.00 $ 2,100.00 $ 4,590.00 LANDSCAPE NO. DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 17 Sod 5,380 S.F. $ 0.90 $ 4,842.00 18 Brick Paving 1,800 S.F. $ 15.00 $ 27,000.00 19 Brick Paved Pathways 400 S.F. $ 15.00 $ 6,000.00 20 Period Ornamental Wrought Iron Fence and Gates 585 L.F. $ 80.00 $ 46,800.00 21 Wood Trellis and Wood Lattice 400 S.F. $ 50.00 $ 20,000.00 22 Large Specimen Tree 4 E.A. $ 4,500.00 $ 18,000.00 23 Ornamental Tree 6 E.A. $ 300.00 $ 1,800.00 24 Ornamental Flowers 250 S.F. $ 10.00 $ 2,500.00 25 Permanent Seasonal Plantings 1,100 S.F. $ 10.00 $ 11,000.00 $ 137,950.00 Dallas I Austin www.architexas.com 11 MISCELLANEOUS NO. DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 26 Restroom Building 1 EA. $ 175,000.00 $ 175,000.00 27 Benches 10 E.A. $ 1,200.00 $ 12,000.00 28 Drinking Fountains 1 E.A. $ 3,000.00 $ 3,000.00 29 Portable Stage 1 E.A. $ 5,000.00 $ 5,000.00 30 Moveable Tables and Chairs 1 L.S. $ 2,000.00 $ 2,000.00 31 Power Outlets 1 L.S. $ 2,000.00 $ 2,000.00 32 Small Fountain 1 E.A. $ 18,000.00 $ 18,000.00 33 Large Fountain 1 E.A. $ 35,000.00 $ 35,000.00 34 Striping 1,350 L.F. $ 1.50 $ 2,025.00 35 Trash cans 5 E.A. $ 800.00 $ 4,000.00 36 Platform Lift 1 EA. $ 12,000.00 $ 12,000.00 $ 270,030.00 DEMOLITION $ 22,540.00 LIGHTING $ 24,000.00 IRRIGATION $ 8,130.00 SITE CONCRETE $ 24,860.00 EROSION CONTROL $ 4,590.00 LANDSCAPE $ 137,950.00 MISCELLANEOUS $ 270,030.00 ESTIMATED PROJECT SUBTOTAL: $ 492,100.00 Basis for Cost Projection: MOBILIZATION,BONDS,&INSURANCE $ 14,763.00 0 No Design Complete CONTINGENCY(20%) $ 101,372.60 ❑ Conceptual Design ❑ Final Design ESTIMATED CONSTRUCTION COST: $ 608,300.00 ESTIMATED CIVIL ENGINEERING/SURVEYING" $ 36,500.00 ESTIMATED LANDSCAPE ARCHITECTURE/IRRIGATION DESIGN* $ 60,900.00 TOTAL ESTIMATED PROJECT COST: $ 705,700.00 Assumptions/Notes: 1.This Opinion of Probable Construction Cost(OPCC)is based on the conceptual site plan dated December 2018. This site plan has not been approved by the City of Wylie. 2.This OPCC is not intended to serve as a comprehensive and complete analysis of development and construction costs. 3.This OPCC assumes that no rock or similar material will be encountered during construction. 4.This OPCC assumes that the City of Wylie will work with the power provider to relocate power poles in conflict at no cost to the City. 5.The unit price listed for the restroom/storage building includes structural design,installation and delivery by the manufacturer. 6. Existing concrete sidewalks and paved walkways to remain. 7. Existing perimeter fence to be removed and replaced. 8.*Design fees listed above include effort to prepare construction drawings. The fees do not include bidding assistance or construction phase services. 9.Because the Consultant does not control the cost of labor,materials,equipment or services furnished by others,methods of determining prices,or competitive bidding or market conditions,any opinions rendered as to costs,including but not limited to opinions as to the costs of construction and materials,shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional,familiar with the industry. The Consultant cannot and does not guarantee that proposals,bids or actual costs will not vary from its opinions of cost. Dallas I Austin www.architexas.com 12 Architexas ALLEY Dallas I Austin 1907 Marilla St. METER www.architexas.com Second Floor _41 ,` '- Dallas,Texas 75201 mo. 1 ,A, �`• ` ''� \,�� `,�T p 214.748.4561 ■ VFW il �r�--"1111k A z\i. illy \..' 1 iir .. •.. v. -"iiiiing i 4,.. \ Ara Ilit Aktilliqu''''\ to OP il Eo in o PARKING Eo (--- - . _ . _ . _ . _..........„- IIII I ' 1IIIIIIIIIIIII ( ) IIIIIIIIIII ��\\V �I I I I I I I I I I I I I I I I I I I I IIIIIIII in I I > < I \ II/� U SUP _ I I % A11// AI'1/i CD o0 DCI - �� WOOD FENCE III I \II/ — �� _� �D STORM y \ %//I \`4�/ ��/ PORCH IIII ; • _ STONE MEMORIAL MARKER _ SHELTER I / \\ \I L I\ . _ • -• II _ _ c _ : ' ' . _ . _ _ I I - - I I I = = BEDROOM BATH / KITCHEN a , I 1 23 4 56 7I 1 _ _ \_ -LI-- In I _ _ _ IIIII I II V' ",/I.A� ( HALL �... - - - - - - - - ,AII/ IIIII I I \r / = /ill #�i: - - ,• - - - , 4� �� STORAGE • • IIIII IIIIII � IIIII AII� -�/ .,� \ 6111 pll//,-I I I I I - - - - • -. - - • - - =' IIIII i/1� j •. = - Y - - - ,_ '_ _ • I \II I// VII//, BEDROOM HALL DINING I�//V�)A\ �� `� ,��_ =_ j n .1111 ROOM !i\\ mmmmm �mmm_ ' , • # �� //I \� am�� IF\ ' J ��A I - III\�\sf Liz =M========M=M=M=M=M=M=M=M=M=�i� EII:IIII VERANDAH //I I'gir, �..m�� 00 ,_ _ _ , _ _ _ W ct o !� CISTERN == - U 0 \II- '; \= I PARLOR FOYER LIVING `1II :. - I I— _ _ _ _ _ . , - - mms 0�=1 \ ROOM _-__ _ _ . _ - ---L.• _Fe , I mm _ _ _ City of Wylie //I \\` V I� Brown House mm_ \\Iui - /ill\ I I I - - CHAMBER \II// W I ��m YARD OF . _I 301 North Ballard Ave. //I \� VERANDAH % II , - - - - - - \II/ /�I // IIIII - - - - - - - - - - - - -• - - - - - - - - - - - COMMERCE Wylie,TX 75098 I//,BOO aI l DC DC CD //I \ y \� ii/t I ' \ I �\ \ ��\ // \ l/ ��/ � i - ��► = .. 00 /I \ rl I -- I �===== _____ II__r__ �LM=��E �=M==M=M=M=M=MM=r �A1101111 • . I y ,i 7 �' COPYRIGHT BIRMINGHAM �■■�� 1' The Contractor shall verify and be responsible for all ly 111$00. �� dimensions. DO NOT scale the drawing. Any errors STATUE ., I �� or omissions shall be reported to Architexas without I - p �, delay. The Copyrights to all designs and drawings are the property of Architexas. Reproduction or use it` .� � *� for any purpose other than that authorized by \�� Architexas is forbidden. ��'.``' -• • - - - . - - - - - - - - - - - REVISION HISTORY ' CONCRETE SIDEWALK I I I �� I -q"IIIIIIO Programming BALLARD STREET (531-0") This document is incomplete and may not be used for regulatory approval,permit,or construction. Craig H.Melde TX Registration No.9409 Architexas No. Date 1818 2018 (B N Existing Site Plan ID Sheet Name 1" =10-0 Site plan TRUE NORTH Sheet Number AI.00 Ar c itexas Dallas I Austin 1907 Marilla St. www.architexas.com Second Floor UP • • UP Dallas,Texas 75201 p 214.748.4561 I— i 00 00 00 ':' 0 PORCH r -] !: :, 41 _ VISITOR/ BATH UTILITY REFRESHMENT OFFICE CENTER 55 SF 36 SF KITCHEN MECHANICAL BEDROOM 238 SF 85 SF MECHANICAL 177 SF HALL 62 SFNilo/ 1 J 56 SF - L STAIR i i \ I 77SF _ PLATFORM LIFT OFFICE HISTORICAL ATTIC RESTROOM HALL J! !L. DISPLAY/VIDEO 114SF 105SF A - BEDROOM 88 SF ' I DINING ROOM 270SF O 0 ` City of Wylie HOSPITALITY/ i 0 ---r— 272 SF Brown House '\ CONFERENCE _ - - 301 North Ballard Ave. Wylie,TX 75098 UP • MEETING ROOM 451 SF HISTORIC FOYER RECEPTION/PUBLIC 7 PARLOR INFORMATION COPYRIGHT 152 SF The Contractor shall verify and be responsible for all STORAGE dimensions. DO NOT scale the drawing. Any errors I t--'7231 S F or omissions shall be reported to Architexas without LIVING ROOM delay. The Copyrights to all designs and drawings ATTIC are the property of Architexas. Reproduction or use for any purpose other than that authorized by Architexas is forbidden. e 65 SF 0 189 SF REVISION HISTORY IIIIIII ii‘ A.\ \\** LEGEND VERANDAH USEABLE AREA Programming LEVEL 1 1530 SF This document is incomplete and may not be used LEVEL 2 630 SF for regulatory approval,permit,or construction. TOTAL 2160 SF 0 SUPPORT 343 SF O O 0 0 0 0 0 0 0 0 0 Craig TX Registration H.Melde No.9409 CIRCULATION 221 SF O 00 d D Architexas No. Date 1818 2018 2� Level 2 Floor Plan 1 Level 1 Floor Plan Sheet el amell Floor N elo 1/4" =1T-0" N 1/4 =1 0 Plan TRUE NORTH TRUE NORTH Sheet Number Ai.oi L40-41-40-imii imo-i -ii imo-ii-imi imi-ii-i - -40 ALLEY ONE WAY ALLEY ONE WAY1 > oirm 40=40-40-ai --0 )-E ) mi. .m.. mo O ill( • . ••• 11•••••Q ••••• NEW V`� WROUGHT IRON FENCE ON SITE PARKING killi) L _ = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 20 21 1229 __ - - • ,� ,.. is =■■■j � 11:�.�� 1.1 WOOD FENCE -- * oO o0111111 . 00 i ••••••••••••••••••• •••••••••••••• ii 1:MEN 11 • _. _ �� _ `� :till„ /Ivy / v\ 7/ \ 11�� PORCH �� STONE MEMORIAL MARKER _ - _ / p IFII 1111/ 0 2 -------- 1 1 1- _ = OFFICE li. KITCHEN 1 1111111 1 � 1 HI /, A / ® _ 1 1 1 I ,/I \ HAL \liN.- LJEW., --ItTAIN mw ---�,ij v. lit' STORAGE • �, • .V \� I/ ---- � ► _I ■ II //I V�� \ 1 1 1 1 1 ■ i1 HALL HISTORICAL 111111 1 1 1 1 1 ' ■ T - I I OFFICE W • �� -�PLA FORM- -- -� DISPLAY/VIDEO _��- ' -- .._. ---- U i �- LI --- ----- W . mar - -i 1.11■1�■■ NEW - �� --- ■ ------em — / `I�' w 1 Kiwi. -- mu LL ' V) imr �t AA 1—► �� AVMS tins VERANDAH Z PARKING - yIII • z � � � � � � � � apt►` . O GATE • LISTER O 0 �� N R RECEPTION/PUBLIC ��- LLJ vII ",� PARLOR FOYER INFORMATION --� 0 i wce V • N1 'I `b. � �� = 11 ► • I r.r 1 1 LL Z •• •• Mid y�Ir//�/ 1 I ► W W — r ,R CHAMBER /vI I� � �____:: \ ,v11/ 0 ► OF Ma i - �I VERANDAH j , ' D •.....k._i �� COMMERCE —� �I— � oI I L E 00 ❑o❑o�_� % \� ► _, �, 1'1. �� A I I I// VII/// k n m _ O/ .1 Ct i��_:� v� //I vv ■��M �pMENNI Bil .-- �, ��— Vv� �// v�� V�� — ► �. �---- -------ISS------� �----------------- �� .—� ��-AIL -MA -I 1— um 1-1AM ' liox TE WI v' - ► I. o. - - - - rW , I. • WROUGHT IRON FENCE "' ate-■ ■W1 ♦ ♦ ♦ ♦ ♦ 1==1 IMET ♦ ♦ T ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ T ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ al° - - --- - - - - ---, SATE PARK ENTRY4\ SGI : I ENTRY % . . . . . . 17 ‘ \ NEW PARKING MN i0 N Site Plan 1" =10'-0" BALLARD STREET (53-0") TRUE NORTH Project: Brown House ArchLocation: Wylie, TX itexas CREATE + CONSERVE Phase: Programming 9 9 Date: 2018 L io ALLEY ONE r WAY ALLEY ONE WAY oirm _eior . .0 ` , , ••••414 NEW Ato WROUGHT IRON FENCE 11 ON SITE PARKING gfav I I , _\ 1 2 3 4 5 6 7 8 9 10 11 -IL 13L 14 15 16 17 18 19 20 21 22 file ..-ramw.... ii -� -1. .� i� �r I--� WOOD FENCE i= EL i ! aMMO alligralli. � il � �� PORCH •Ihh1h' STONE MEMORIAL MARKER I .11/ I ''l PERIOD GARDENS - AiN1W= � 11millim ;��a I .-------= _ � ! 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(---- '.: TOWN I MT- ITT TT I 11I �:lL=� / GATE PARK ENTRY ENTRY % A / 17 NI \ NEW PARKING airat mmo iii, \ N 1 Site Plan IEBo1" =101-0" BALLARD STREET (53'-0") TRUE NORTH Project: Brown House Location: Wylie, TX e itexas CREATE + CONSERVE Phase: Programming 9 9 Date: 2018 O } 0 m 0 Z O0I Oo N I- = F Q a, 0 PARKING : EXISTING : 7 SPOTS GRAPHIC SCALE IN FEET 0 5 10 20 PROPOSED : 41 SPOTS 11 z o O ci w 3 ° ONE- WAY ALLEY METER c T ffA I � �� i . D D a 4 , E rk E� D " A b. ° D z Q �� to 4 D 4 A dP E E E E %�I�� -�I E b D A b. E E E E x -I ' `vim E�0�0' ^ % w• �© 1 \ D A ° A la ° �' E E PAVEMENT TO BE ADDED 4 D 4 p 4 o E E E E E E E E / 4 B. 4 E E A 6 B. 4 D 4' SIDEWALK ' E E E' E E E E 4 I e D 4 D ♦ E E pp 4 D D 4 a D 4 E TO BE E� < E D 4 D DV E E I- ADDED ° 4 Q - D 4 t 4 1 �j E E E E E E E E E E E E E E ` E E 9 D 4 w z o 9 ) D E E E E E E E E E E E E E E E E E E E �� E E 4 D a 4 ap a O z co � E E E E E E E E E F F E E 4_ I D . e D U E E E 1— E E PROPOSED LANDSCAPE SOD E E E FENCE TO E E E E E E E E E 4 D 4 0 2 o x U ° BE ADDED BRICK PAVER SIDEWALK 4 4 D o 0 p 0 E Ej E E E E E E E E E E E t t E E E E E E E TO BE ADDED E E I ° " ° p PAVEMENT N0 (E EE E E E E E E E E E E E E E E E E E E E E E E E E E D PUBLIC TOILETS 4 D D ° STORAGE TO BE ^ 1- o0 o ADDED /� zo C? Zz 5 E E Eipt E E E E E E E E E E E E E E E E E E E E E E E E ° o Q 0f / p 4 ° Hr4o Et z ° X� E E E E E E E E E E E E E E E N }� X X X - s X x 4 WOOD FENCE z } �_ Inn E E E E E E E E E E E E E E E E CIJ ,_ O } II W O \,�1 \,I 1 1 1 �( E E E E E E E E E E E E E E E E E u) Y J r`'/ — X II 1 ' ' I \® / j��4\� % oci.i = f� E� E E E E x o ,, , �� — //I \��%/ \��/ \� PORCH E:„_._ E E E E E E E E E E E E E E E7 , , o / \ J 1 / \\ ! I E E E E E E E E E E E E E E E E E w `� 1 II STONE MEMORIAL MARKER O 1 �, E E E E E E E E E E E E E E E E N 11 1111 1 1 j \ IIIII /�,, ,� I I I I I E E E E E E E E E E E E E E E E E x N 1 1 1 1 1 1 - - I E //I \\� 1I I I E E E E E E E E E E E E E E E E II II 1 1 1 1 1 \II// I0 1 1 1. %PERIOD GARDENS \\ / I _- 1 1 1 1 1 1 \I //� 1 1 / \ -- =. 5 1 1 r, I/�. —i ■ _ m //10 g x ip jai imm 1 A = . .mmr G3 0 c \II// = A T �•o �===r STORAGE 0 \' '1 `'. ��pi 1/0.I FOR REVIEW ONLY .� 1 1 I - //I.\\\ / .� *I I I I II Not for construction or permit purposes. 1 V II 45 w \\ ///1\\ I I ' I ' I ' I I I Kimley*>Horn 1\\ II ' I ' I ' I ' I ' w a �\ '% * ,,� �' '' LI �� Engineer JOSEPH E.HELMBERGER �� PLATFORM ��, e I I I I 9 ' �� x P.E.No. 66040 Date DEC 2018 GATE �,�G'�'I ��. ,_, LIFT /> - 404\ � i I - ®2 . diva o 1, 1�� 11 I 1 �liri, �JZa 11 ► 1111111111111111Ilueeehlieeerl11 1111 Ad � .�� - Z UP VERANDAH J/J Eir Qi 1111 1 1 \/1/17 a 00 Oo 1 1 1 \/ ' �l jr lx UoO«1 1 WVW o CV CO -o (/) ■m1 ■0 ma ��I�� Q �r�_ I� cn Q co mm L O o -■`I ■ \� :al -=.1'ill = U J (z.� z Y L19 o x o0 00 it ill\ rU ,;,;Y w a ( Q w r� 41 \\II/ U w x x in //I \\ l m1 - \\II// /II\ _1 : /\II// CHAMBER OF x uKj VERANDAH /// \\�,� I I//�G ��ml �o �o�o� � � cooc ii/zvII ' v '7 PUBLIC PARK EX STATUE TO ' P6' !" w� 't i BE RELOCATED ��ra. \\\- I ' _ .. \,\II// \\II/� � i�i:' � w o_L2'- 0 . -4.---e--4 \,_- -/0 \\ ..„,g. M==1 mt. 4< LU 0 a mm m ��.w�tsigin R h� LL w NAT ��Ii�\MIL 2I T-ILLIa E E E x \‘-""11111111d111111111111; ; ; ; ; r"t��I�l� -"IIIIIIIN O` ` CC W UE E `/ I I I I I .,`` .� rix Z 0_ w E E E / E E E FENCE TO BE Oc _=AM i► �' H E E E E REMOVED/ $.4 �� Mk i��•,. O REPLACED , 1. I irt��I�0)-- k k k tgill �; �� GATE Ce X X X X imm`r===�I IFIIPI■ X X X CCI x E GATE lir& -- .4 _... -1 I '- E E ( E < E ( MA GATE 4' CONCRETEoc riow EE E E E ` SIDEWALK TO 0) E E E E E REMAIN . Z ° 4' SIDEWALK E E E E L. E E , V ° E TO BE ADDED 4 E E E E E J E E F E EEEE E E E E CI E E E E E E E E 9 E E L.L O W E E E E E E E E E E E E E E E E E E E E E E oc E E E E E E E E E E E ^ Q �J J E E E ® E E E E E E E cw A L L L L L O Q 5 D a I— m BALLARD STREET PROPOSED STRIPING CI- . W (EX R.O.W 53') U Z tc 0 0 U C 2 SHEET NUMBER 0 F- EX 01 - Dallas I Austin 2900 S.Congress Ave. 1907 MariIla St. www.architexas.com Suite 200 Second Floor Austin,Texas 78704 Dallas,Texas 75201 p 512.444.4220 p 214.748.4561 O } C m 0 oo PHASE 1 ESTIMATED COSTS : PHASE 2 ESTIMATED COSTS : PHASE 3 ESTIMATED COSTS : 1, ''''N -69 PHASE 1 ° w CONSTRUCTION COST — $ 119 ,500 CONSTRUCTION COST — $403,900 CONSTRUCTION COST — $ 106,0001 PHASE 2 = DESIGN FEE — $44,400 DESIGN FEE — $65,000 DESIGN FEE — $ 19, 100 PHASE3 0 GRAPHICS SCALE0 IN FEET 20 O T 0 Z 0 3 ONE- WAY ALLEY METER 0 A: `' �Tf. * pla A a E E E _ 1� 4 4 4 k Ellr 4 ji: -11fr Nril E E E �``� E E p p pE E E E PAVEMENT TO BE ADDED4 4 oI p � zQ 4 4 4 p 4 _-0 4' SIDEWALK E E E1, E E E 4 p N 4 E E tuba 4 p 4 la E TOBE E E E E p 4 p 4 p E E t = ADDED E E E E E E E E E E • E E E E E p g E E g 4b. b. pE E E E E E E E E E E E E E E E E E 4 �. 4 PROPOSED LANDSCAPE SODS E E E 1� E E r r L C C E E E FENCE TO E E E E E E E E rrr11 4 w z 1\ ___Z / BE ADDED BRICK PAVER SIDEWALK 4 e p 0 Z E E E EEEEEEEEE E F E E E E E E E TO BE ADDED E E ~~~ p p PAVEMENT z t.oc E E EEEEEEEEE E E E EEEEE E EEE E E rrrai p I PUBLIC TOILETS 4 p 1 STORAGE ADDETO D X v o o WX C E E E E E� Xx ), WOODFENCEJ CI HHHHc E E E E E c E E E E ^ 5 rn Z lIVI >c...00_... .. .... . ..... . . mxE E E E 7 E E E 7E E EN 1 - qaiC I--I fI E� E i ff_co 1STORM PORCH_�r\ AW EE OHELTER I° STONE MEMORIAL MARKER>IV ..E/ IrLI NE E E E E E E E E E E E E E E © In I 1 1 E E 1 NM 77 PERIOD GARDENS ‘_...iiii 1 1 1 \ 1/r 1 • r E 1 \II// �. .� IP ,,,,, "0 ,_,__ 4_ _r_ -_, - 071 .•_� t 1 VII/ _ — //IA � I/ STORAGE / VA —1 � o //I VAS �/ \ 1 LY '� \` .,'� PLATFORM �3 _ ;< Not for const11- 17217111111111111. OruconloVrpeNmtpurposes. GATE �� 'i 11111 LIFT u _ )('//k) �� — al ! D D 4 ��o�u� )� Kimley >Horn a — �. � I 0 MEW Engineer JOSEPH E.HELMBERGER � � _ c A 66040 APRIL 2019 ZU P m1 sir P E.No. Date 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 VERANDAH / � � OOO 00 1 1 1 1 1 f�/I 0 0 Wif x 1• \, D , 0 �. - m. Z G_ W ' ` �1 1I ' II h — �� I I- O �i x 00� 00 �� Lc? / O co H N < >- } �� ® � .—. —. 1 1 :< Q 0 m =( , I I CL o CC w m 0 a �� . VI I// 1 1 I CD o Q z 1 / w ivU / vII CHAMBER OF o 0 U x ,-, ,- \,\II VERANDAH 7i -M= � �� '= III COMMERCE _ \II PUBLIC PARK EX STATUE TO oc BE RELOCATED Ak �vv�N-:_-7EE-k-'-'-------141_\ - vII/! � vII/!� % i Ah LLI •��o� D7 im.... -_, , /l I \ I Imo,-. s 0 1 --_„'A\\11/7__--- ------4?- -. -= rag ...:..� ‘.4444,..011111 w LLJ � ��rip �� (a� WAMW&T‘m kW 1 1 7771 emmmmmmmmEm=mmmmmmA I n i a 1 wv-41 r r: >- 0 I 71 1 , f- yew .., .. 7 , ripa..72 1 Li.1 o 0_4) iiii, 1/4,Y1 1 1 1 1 1 Ws to ) i_ a LL 0) k E \ 2 V W' T I1 I1 { C) aLU H>9 E E E FENCE TO BE =�� `� w U o E E E E I REMOVED/ 1.1 CAM will,4 a w REPLACED k ML ��" GATE I o X X X 011" �i X X X C E 1 1 0 GATE _II, 0 1 ' .0 CO II E E E / GATE 4' CONCRETEiiiii 0) E E -4b1111) SIDEWALK TO '` ° E E E E REMAIN a . . E E E E 4' SIDEWALK _� TO BE ADDED E E E E E E \ E E E E E E o \ E E E E E E g E E 0E E 0 E E E E E E E E \ E E Z O . E E E E E E E E E E r/1 E E E E E E E E E V J , L L , , L L 4) Q co, 0- Z to 2 5 BALLARD STREET PROPOSED STRIPING W J 0 (EX R.O.W 53') 0 O 0_ PROPOSED PHASING: Hc PHASE 1 : PARKING, PEDESTRIAN BUMP-OUTS, STATUE RELOCATION, SHED RELOCATION , PLATFORM LIFT, REMOVE EXISTING DRIVE, REMOVE AND REPLACE 2 PERIMETER FENCING* FILL-IN STORM SHELTER Lt tc PHASE 2: PUBLIC PARK WITH LARGE FOUNTAIN , LIGHTING, RESTROOM/STORAGE BUILDING, PLANTINGS AROUND THE HOUSE AND IN PARK, IRRIGATION, REMOVE AND REPLACE PERIMETER FENCING* 0 2 E PHASE 3: PERIOD GARDEN WITH SMALL FOUNTAIN , LIGHTING, PLANTINGS AND IRRIGATION WITHIN PARK • *FENCING TO BE REMOVED AND REPLACED PER PHASE AS REQUIRED. FENCING WAS SPLIT BETWEEN PHASE 1 AND PHASE 2 FOR BUDGETING PURPOSES. SHEET NUMBER EX Architexas Kiln 1 ey >> H or n Stonehaven House Reuse Wylie,Texas '. Building Analysis& CITY OF Program WYLIE Program Development for the use of the historic Stonehaven House located in Wylie,Texas. • III iii! II II 11I I!!I - 11 II II I!II 11III Illlll1 11�!; 1i if [ fi �� # �f fib �Ii �I ._ +. r Table of Contents Dallas 1907 MariIla St. Second Floor History 3 Dallas,Texas75201 Historic Treatment 5 p 214.748.4561 Austin Future Use Discussion 6 2900 S.Congress Ave. Suite 200 Rehabilitation Recommendations 8 Austin,Texas 78704 p 512.444.4220 Drawings is Opinion of Probable Construction Cost i6 Secretary of Interior's Standards for Rehabilitation i8 Dallas I Austin www.architexas.com 2 History William E.Stone and Charlotte L.Howard moved to the 40 acre property,a farm under family ownership since 1851, following their marriage in 1912.The couple's farm actively produced a rotating crop of cotton,corn,and wheat until William's death in 1931.William was a self-starter who pioneered the adoption of technological advancements like electric lighting, municipal water service,and lightning rods in the community. Charlotte continued the farm,and William's progressive land conservation practices with success following his death,growing the farm to 400 aces at it's peak. William and Charlotte lived in a small bungalow that was relocated for the construction of the Stonehaven house at it's original location,sometime between 1912 and 1920.Designed by William with the help of pattern books and a knowledge of the developing American Craftsman movement,the house incorporates popular elements of the Prairie School,including a strong horizontal orientation and afocus on natural materials and earthy colors.Contractor Carl Shuman of Rockwall,constructed the house with a mix of locally available materials and mail ordered products such as the distinct styled fireplaces,fireplace tile, and door hardware.Specific design selections were made by the couple that are highly unusual for the area and time period.The Stone's had extensive knowledge of the popular Chicago school style in architecture and furniture. The Stonehaven house was constructed and sited,as most houses of the time,to take advantage of prevailing winds and shade.A grand east facing concrete porch and stair welcomed visitors to a formal living room with Craftsman trim and an Arts and Crafts tiled fireplace.A second,slightly less grand,fireplace backs up to the living room and heats a more private foyer that opens to the bedrooms.A formal dining room and sun room(possibly a former porch extension)flank the living room with grand double doors. Windows play an important role in the house design and are located not only around the house perimeter but are operable at the interior as well.Stained glass clerestories separate the foyer from the living room, but equally spectacular single hung counterweighted windows are located at the sun room and kitchen. East facing porch windows,originally leaded,were placed higher in the wall for interior privacy.The tight muntin spacing of the upper sashes at double hung windows and fixed windows is also unusual for central Texas,but continue a vertical versus horizontal theme used throughout the house. The Stonehaven house was moved from it's original site to the north in 2017 as a part of a land sale and now resides at the corner of S.Ballard Ave and Virginia Lane. g�yypp - . At,+� j..jy�( • 1 • 10.7 • i • 1 .1'4 {-. •w '�; .y ..,_. .- �f . . • , ` • _ East Elevation circa 1933 Dallas I Austin www.architexas.com 3 i3�° ...r,.,. . iff-- . . ~. . . . Y y • r 1r M T,' w.� / w sai. �y4 East Elevation circa 1922 -e x4' ----- . — , ' .. .. ....... _ ..., , - . •• 7-.7. '•Ni- .4 L am= =AIK ._ _ _, • .., 7" 1 I 1.;. i 'Ir 1 nt ft. ri k i Ili....,i .5:1 r ti liril. ,_ .i, , ,,, . i .4 , p e • 1 4 . • ,...,, ., ..!., ,-.- ' - ------- -. .,--- -....- - _ --- South Elevation circa 1930 i 4 - East Elevation circa 1933 Dallas I Austin www.architexas.com 4 Historic Treatment The United States Secretary of the Interior's Standards for the Treatment of Historic Properties provide a consistent national guideline for how to keep and maintain historic structures.The Secretary's Standards should be considered best practices on the best approach to historic properties.The Standards are maintained and administered by the National Park Service(NPS). The Stonehaven house's period of significance is between 1912 (earliest date of construction)to 1931 (death of William Stone)or the time period of construction and residence by William and Charlotte Stone. The appropriate treatment for the house is a rehabilitation approach that allows for the compatible use for a property through repair, alternations and additions while preserving those portions or features which convey its historical, cultural,or architectural value.Refer to the appendix for the full treatment standards. I' -__= . - East Elevation prior to relocation Dallas I Austin www.architexas.com 5 Future Use Discussion The following is a recap of the initial meeting with the Parks and Recreation Director,Robert Diaz and staff members Julie Pannell and Carmen Powlen and with the design team of Kimley-Horn and Architexas.The purpose of the meeting was to discuss the assets and liabilities of the historic property and explore possible uses that would be feasible,preserve the historical integrity and become an asset to the community.The following are potential uses that were discussed: House Museum The Stonehaven house tells the story of the turn of the century family who brought modern conveniences to Wylie and a national perspective of art and science of the time.All of the house's former contents have been carefully stored for exhibit display within the building.The house exhibits should align with education lesson plans on Texas history or focus on adult education.The furniture contents exceed the square footage available for a commercial setting and would need heavy curation. The use of the interior bathroom as an exhibit space or as a functional restroom were undecided. The introduction of a freestanding restroom and storage building was proposed to allow for later decisions to made regarding the existing restroom and provide additional facilities for events. The local community's demand for a house museum should be studied to determine the need for heritage tourism and the costs associated with unoccupied upkeep (if the museum is not open regularly).Additionally,staffing costs or the availability of a volunteer docent should be addressed. Meeting and Office Space The Wylie Historical Society requires regular meeting space that would fit within the two different room sizes;the living and dining rooms.Office space would be provided in the bedrooms as well as a coffee bar in the kitchen for food warming only.The original restroom would be renovated to meet codes and accessibility requirements. Small Retail The existing kitchen would be renovated for a limited menu,possibly limited to coffee and prepared foods,while the remainder of the house is restored to its original appearance.The restroom would need to be brought up to current codes and accessibility. The property is currently not zoned for commercial use and no additional on-site parking is currently planned. Dallas I Austin www.architexas.com 6 Site Improvement Discussion Parking is available at the adjacent park parking lot with 8 spaces. On street parking is available along Virginia Lane.A plan to increase the available parking for the house needs to be addressed on street or off. Provide accessible parking and accessible route into the house. Site planning should include an accessible approach from the park,and neighborhood and provide usable community space. No public restrooms are available at the adjacent city park. Limit the amount of landscaping that requires upkeep. Connect house to park and community. Home Needs Discussion Evaluate furniture in storage to identify items that may be useful in the operation and interpretation of the house. Identify immediate repair needs. Basic accessibility improvements are required at the house and restroom. Provide a new accessible ramp that meets Texas Accessibility Standards to access house. Develop a maintenance plan for short,medium and long term maintenance needs. Conduct a paint analysis to establish and maintain the house's historic exterior paint scheme. West elevation from parking lot Dallas I Austin www.architexas.com 7 Rehabilitation Recommendations The primary goal of the City of Wylie as owner of this valuable historic community resource is to facilitate a use that will: (1)Preserve the house and site's historical integrity while providing an occupiable space for community use (2)Promote a sustainable and appropriate use that engages the community (3)Contributes,enhances and promotes the history of the community and it's early families (4)Requires minimal financial commitment or upkeep ii 4 Building Codes 2015 International Building Code 2015 International Existing Building Code 2015 International Energy Conservation Code Code Review Project will require TDLR/Texas Accessibility Standards registration and review Project Type:Alteration of existing building Construction Type:VB Use Group Classification:Business or Assembly,Calculations based on most restrictive A-3 occupancy approach • Small Assembly buildings with less than 50 occupants can be considered a B(Business Occupancy) • A-3 requires 92 total building occupants • Consider restricting occupant load with Fire Marshal approval Total Building Area:1900 GSF,1,376 net SFforA-3 Building Height:<20 feet,Allowable height:40 feet Automatic Fire Suppression system is not required,Fire extinguishers to be located throughout the building No fire separation required between rooms Capacity of Egress:92 occupants requires 18.5 inch egress width,96 inch provided Plumbing Requirements:A-3 requires 1 male and 1 female restroom,drinking fountains,1 service sink Dallas I Austin www.architexas.com 8 Preservation Hierarchy of Spaces Priority Level 1 Exterior-East elevation of greatest importance Living Room Dining Room Priority Level 2 Foyer South Sun Room Priority Level 3 Original Restroom Bedrooms Kitchen I;, .l - I -- _ . - r y — . S I .:.CIiSAU W NIMEJiNL ; SI R6IDE V PATHERI.AREA a i I f 1 k SNHEHAYN H9u6( - \4 �. jr) 2 / VV \___ ---- S// r"` � Proposed Site Circulation Rehabilitation Approach Restore the Stonehaven house exterior to the period of significance(1912-1933)based on historic photos. Restore Priority level 1 interior areas to period of significance;Living room and Dining room. Rehabilitate the rest of the house to meet modern office and restroom needs for commercial occupancy. Provide doghouse building for additional accessible restroom and storage within the site.Adds shared amenities for city park Create the feeling of"place"and community identity Dallas I Austin www.architexas.com 9 Site Parking • Relocate parking lot towards the east within the existing sidewalk to allow more room for new accessible restroom doghouse building.Relocate parking entrance towards the west. • Provide van accessible parking space. • Additional parking available on Virginia Lane. Doghouse(Restroom Building) • Provide accessible restroom and on-site storage in a dog trot arranged building.The structure could be naturally ventilated with supplemental heat as necessary.The central covered open air walk-thru marks the beginning or entry gate of the Stonehaven house"property". • The doghouse building could reference the local farm vernacular of painted wood siding,brick or stucco, deep roof overhangs,and porches. Site fence • Provide a site fence along Virginia Lane and S.Ballard Ave using the local farm vernacular.The fence will be short in height and constructed from"bodark"wood(Osage-Orange),cedar or metal posts and novelty wire. • Entry gate at the pedestrian entrance from Milford Drive to announce the entry to the Stonehaven site. Paving • Paving materials once inside the site fence will be either decomposed granite or brick pavers.Existing con- crete sidewalks around the perimeter will remain. Gathering Area&Orchard • The north half of the site could include a space for outdoor functions or include programing for park visitors. Brick pavers or decomposed granite similar to the walks around the house would pave the area. • Adjacent to the gathering space is a planted orchard reminiscent of the Stone Farm's fruit or pecan orchards. The orchard would also shield the house from strong north winds. • Site water will be provided via an upright cistern collecting rainwater from the house roof. Cistern • Locate an above ground upright rainwater cistern to the north of the house for water collection from the house roof.Water to be used for on-site hand watering. House Exterior Roof • The existing roof is in good condition and is recent.The lightning protection system was removed when the existing roof was installed.Install lightning rods as decoration or as a part of a functioning lightning protection system. • Determine if a roof warranty exists.Collect documents for future use. • Provide roof perimeter 6 inch half round copper gutter and downspouts.Connect copper gutter to cistern. • Recreate original weathervane based on existing photos(if available). • Apply blown insulation in attic space. Dallas I Austin www.architexas.com 10 DM �� RECO NSTRUCT CONCRETE PORCH I p,_.--r '�I j I STUING oCOLUMNLAD COVERS irvFiL Ili ®COFFEE BAR SMALL MEETING 1 NEW WINDOW TO MATCH ill ro — ROOM ACCESSIBLE ENTRANCEiMilli 11111 II wTHMETSSTATSRAILS iOFFICE 2 FOYER EXHIBIT t GALLERY I MEETING ROOM Eli RECONSTRUCT MR'DOOR AT ASS RESTROOM 1 i•. I_II RECONSRECONSTRUCTFIREPLACE FIREPLACE�I�' RECONSTRUCT TF EXISTINGz INSTALLSALVAGEUSCREENDOSEMrW __��r71 •I II000as.TAP I IIOFFICEI IF I I SUN ROOM IIIIllllhi EXHIBITS CONCRETE STAIRS WITH METAL HANDRAIL I I OLva^=evelr-o^r-Proposed Proposed Floor Plan Porches East porch • Construct new concrete porch structure,perimeter stem wall,and porch slab.Provide stucco finish at porch perimeter railing and columns. • Replace significantly deteriorated porch ceiling tiles,repair and paint existing metal ceiling tiles. West porch • Remove bathroom addition.Reconstruct porch at demolished bathroom addition.Reinstall screen and bead- board railing. • Porch becomes accessible path into the house with accessible ramp. Walls • Remove existing crawl space skirting from all exterior elevations. • Refer to structural approach below for proposed concrete/CMU stem wall at house crawlspace skirting and at east porch.The west sleeping porch skirting was originally enclosed with wood siding to match the house siding. • Crawl space skirting finish to be flush to the siding above with a pronounced water table line dividing the two. Existing fence post framed structure and CMU block prevent the reconstruction of this historic arrangement. • Minor wood siding replacement for repairs around windows and doors with water damage. • Consider removing exterior siding for salvage,carefully documenting location.Remove interior wall board at top of wall(except at Living Room).Install moisture barrier to exterior sheathing(provide sheathing if not pres- ent)and install blown insulation or batt insulation to framing cavities from interior.Reinstall existing exterior wood siding,trim,and repair interior wall board. Windows • Restore existing wood windows.Conduct minor repairs(replace broken glass,replace sash cords,etc.)and reputty window glass as required. • Consider replacing east facing Living room and Dining room windows with leaded glass with lotus motif as described in historic plaque application or as found in photos. Dallas I Austin www.architexas.com 11 • _ Ailing Room Fireplace • Provide new exterior double hung wood window to match at the former door location in the original exterior wall once the west porch is removed. Doors • Confirm accessibility of exterior doors.Provide new door 36"door and hardware at location of removed west restroom addition. • Repair existing doors as needed. • Provide accessible hardware along accessible route(from west porch). • Install salvaged screen door to existing bedroom(Office 1). • Repair existing hardware at east porch front door.Repair water damage at exterior veneer,paint. House Interior Floors • Refinish existing wood flooring. • Replace sub-floor to match existing thickness at restroom and as needed around chimneys.Install new wood floor boards to match existing and new VCT floor at restroom.Match floor board width and wood type. • Insulate underside of floor structure with batt insulation between joists. Base&Trim • Refinish existing wood base.Complete any missing areas in primary spaces.Provide flat profile 3/4 inch(1x) wood base elsewhere to match height of original base.Stain or paint to match original finish. Walls • Protect existing wall board in Living Room,paint. • Install 1/4 inch gypsum board over sheathing where sheet rock is not present for walls will be painted (restroom and guest room).Provide wall paper on blankstock liner directly on existing wood sheathing at all Dallas I Austin www.architexas.com 12 other walls.Paint all rooms without wall paper. Interior Doors&Windows • Reinstall salvaged stained glass interior windows. • Reinstall salvaged doors.Consider providing floor mounted hold opens if doors is an accessibility concern. • Refinish existing interior doors.Provide accessible lever hardware only where required along accessible route(west porch exterior door,accessible restroom). Ceilings • Remove non-original ceilings(adhered ceiling tile).Install new gypsum board ceilings.Existing fiber board ceilings in Living Room to remain.Paint all ceilings. • Provide new attic access hatch to meet current codes and for ease of use. Locate in Foyer at previous basement entry or in a bedroom. Cabinetry • Remove existing cabinets from kitchen(60s or 70s era).Protect built in cabinet at east wall. • Provide new lower and upper cabinets for storage and coffee function or as needed per use approach. Provide refrigerator of a smaller size and a dishwasher.Provide accessible portion of counter-top height. Structure • Conduct a structural assessment by a licensed structural engineer to evaluate the existing structural system. • The existing structure observed includes a mud-slab"footing"below 8 in.x 4 in.x 16 in.concrete masonry block piers with wood block shims supporting the wood perimeter and interior beams.The concrete piers are aligned with the exterior wall siding,leaving no space for crawlspace skirting. • No concrete perimeter beam was observed below the CMU piers.No footing at the fireplace was observed. • Provide fully engineered concrete foundation as required based on structural assessment.Include structural support for the reconstructed functional brick chimneys and concrete east porch. • Construct a concrete or CMU stem wall to enclose the crawlspace and restore the appearance of the original concrete exterior base wall.The stem wall extends out to the porch and includes a concrete porch slab to match the original.If constructed of CMU,the wall will be coated with stucco to replicate a concrete appearance.Provide slight indentations at locations of original basement windows. • Provide concrete mud slab within concrete perimeter beam and slope to drain at the exterior or to an internal drain. Insulate below floor structure with rigid polyiso insulation. • East porch shall be structurally connected to the house with a continuous perimeter concrete beam to prevent differential settlement. • Stairs up to the occupied floor of the house shall be of concrete to reconstruct the original stairs at the south and east entries. • Provide a wood framed accessible ramp along north side of building up to the west porch. MEP • Remove existing HVAC,ducts,electrical,and plumbing.Salvage original switches,switch and outlet plates. • Provide all new split system HVAC.Install all ductwork,electrical,data,and plumbing in crawlspace. • Provide additional outlets and data at bedrooms for office use. Accessibility • Provide accessible van parking space with access to accessible route to house and to park sidewalk. • Provide accessible route from parking up to occupied level of house. • Desired ramp location is along north elevation out of view. • Confirm door widths throughout house.Any door with knob handles along accessible route can remain if door is in an open position with a hold open and necessary clearances are provided. • Provide accessible restroom in house.Consider providing a second accessible restroom for house and community Dallas I Austin www.architexas.com 13 use in Doghouse building. Sustainability • Rainwater harvesting from house roof into an upright cistern for hand watering of site. • Spray foam insulation of all exterior walls,underside of roof,and within crawlspace underside of floor structure. • New energy efficient HVAC system • New low water use plumbing fixtures. • Restoration of functional wood windows and screens for use of natural ventilation when in season. • Landscaping selected for drought tolerance and as non-invasive species,preferably native species. • Preference for local materials and installers. ill. —i . — --•,,. .iir , . 40 r..... •4 --i,' . • • lirri idr 1.- , -..,..-., . ...-.:..r .: titi4,-...1 ai‘.- _,. . ., • 4 - .e, -r it` `., I I • . • { Salvaged wood doors in storage at left I y + Salvaged fireplace tile for replication above Dallas I Austin www.architexas.com 14 Drawings Site Plan-Existing Site Plan-Proposed Site Plan-Circulation Diagram Floor Plan-Demo Floor Plan-Proposed Exterior Elevations Exterior Elevations Dallas I Austin www.architexas.com 15 PROPERTVLINE- I I I _ _ _ _ I � SINGLE-FAMILY I RESIDENCE I. w Z I w r u Z Ia I a STONEHAVEN HOUSECO I J I J } IUi a 0 a oNs IRRIGATION SERVICE PROPERTY VIRGIN"" 1-p,N N 1E! Site Plan - Existing 1 = 30 -0 TRUE NORTH Project: Stonehaven House Architexas Location: Wylie, TX CREATE + CONSERVE Phase: Programming Date: 09.30.2019 I *Pop 1., ENTRY PORTAL '00 \, 4 / \ . 7./.74,,,e.-74-0 IAN Of ft a• \ /0 VA\Adiff; ---,,A1----A� �� OR ARD` '` S LL W 11- / 1 D w I►� I►� 1►� 1►�1►� t w z ��, Al SINGLE-FAMILY �1 w tip- Q GATHERIN�GAREA" I J RESIDENCE �� S J Q co z � SSIBLE a 1► JUi IFt � P � � 1 ft ► ROOF WATER COLLECTION _II a ; W4 w CISTERN �IP STONEHAVEN r r ili. HOUSE e. ► a \ 1 v a ► � I STREET ENTRANCE -4,I I ; 1 it if ,i _ _ �_..... 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II \ ' \— p \ IX IIi . PROTECT EXISTING WOOD FLOORING,TYP \ _ _ N IT_ _ -li a„ (W H) 1 1 r b LET L7 p _ p REMOVE ADDITION 1 ) L _ 1 L J L i / I I P II o- ❑ ( - \ II _1 r 1 1 1 11111 (V : eo N rn REMOVE DOOR AND = - REMOVE WOODSTEPS rn N ENLARGE OPENING AND PORCH DECK • N REMOVE DAMAGED9_ L — L ■_WOOD FLOORS N =ril ‘-r) -.- 11 REMOVE EXISTING = -1 0o OPLUMBING FIXTURE,TYP . �JL J _ ■ REMOVE EXISTING WALLS = N I ■iMiI \ ■ � O O 11' 9 1/2" 22'-0 1/2" ,—., .- -41 I.-.1 r MC MS MP NI; 0 Level I - Demo 1/8 = 1 -0 Project: Stonehaven House ArchitexasLocation: Wylie, TX CREATE - CONSERVE Phase: Programming Date: 09.30.2019 < DN > ) RECONSTRUCT CONCRETE PORCH I .I I. 1 I // — IH \ w STUCCO CLAD RAILING DN A " COFFEE BAR AND COLUMN COVERS INFILL WALL TO MATCH ADJACENT Ir MULTI-USE NEW WINDOW TO MATCH 1 STORAGE L o I r I I n T 209 SF ACCESSIBLE ENTRANCE i J y, CONCRETE STAIRS WITH METAL HANDRAILS IMULTI-USE FOYER EXHIBIT 1 rGALLERY 151SF MULTI-USE 267 SF -I- 1 1 I 384 SF I_ J 1 RECONSTRUCT 36"DOOR AT ADA RESTROOM 11 RECONSTRUCT FIREPLACE 1 ,iii. = RECONSTRUCT FIREPLACE 2 I I I INSTALL EXISTING DOORS,TYP INSTALL SALVAGED SCREEN DOOR I � MULTI-USE SUN ROOM EXHIBITS II 172 SF Ii �1 206 SF rump =Ali h h h II N 7P j CONCRETE STAIRS WITH METAL HANDRAIL — Level 1 - Proposed 1/8" = 1'-O" H Project: Stonehaven House Architexas Location: Wylie, TX CREATE + CONSERVE Phase: Programming Date: 09.30.2019 LLf C_eiling u of U u U U l u U f U U U of lu U f U U U U f u U U l u lU f U U U UUUU a U U U U U IO -by ,d =_ 1111 1111 1111 1111 i ___ — / _ RH 1111 1111 11111 AAe =_ _ J1IIiiiii liii 11ii 11E _= 1111 1111E _ ®Level I-Proposed I 1 1 I00 -O I I Ground Level 1 97-3„ (T South -) 1/8" = 11-0" \WEATHERVANE INSTALL EXISTING LIGHTNING RODS COPPER HALF ROUND ,/ GUTTER �Ceilinl u, ,Y �Y — II II I II II II II I Iu a L Li I I09 6 In _IA II irl� I_III,III_I .IME ill IIiIP. IJ!!! I =I /- SCREEN WOOD FRAMED iiii_ii.._ i ,ir P7 ,O1' I V � MATCH EXISTING BEADBOARD ACCESSIBLE RAMP I . u u II / all / d1 Al / ./ur ®Level I-Proposed I00 -0 ��, G round Level \ �97 ; STUCCO CRAWLS PACE WALL,TYP. STUCCO RECESS AT FORMER BASEMENT West WINDOW LOCATIONS 2 1/8" = 1'-0" Project: Stonehaven House t�'C�11texaS Location: Wylie, TX CREATE + CONSERVE Phase: Programming Date: 09.30.2019 ' I'1 i i"i i i "i i' C_einli u — — �Io9' 6'' fifth LOTUS WINDOW MUNTINS y u . gr . J 1 WOOD FRAMED ACCESSIBLE RAMP .,..uuIiIiiiUill1lIflhllIIIIIII Am. �� IIII•n n ®Level i-Proposed IIIIIllIllIll �I1ll�l I �I. .��II1I Ioo -O° Ik re ,n: Level 2 North 1/8" = 1'-0" WEATHERVANE INSTALL EXISTING o ` LIGHTNING ROD COPPER HALF ROUND GUTTER Ceit1lin '1 u u l fu u l u u f u u u u a fu u l u f a u l u u l u u f u a u u f u u fu u l u l u f l u u l u u f u a u u f a u l �I \ 9 _ ‘._ _,„ _ _ HUH HUH - CISTERN 0 ROUND COPPER DOWNSPOUT STUCCO RAILING AT PORCH °° _ CONCRETE PORCH AND STAIRS - _, ,- lu r — ®Level I Proposed Ioo'-o" _ G_round Level 1 97 -3 East 1/8" = 1'-0" Project: Stonehaven House t�'ChltexaS Location: Wylie, TX CREATE + CONSERVE Phase: Programming Date: 09.30.2019 Architexas CREATE+CONSERVE Stonehaven House Wylie,Texas AREA:1900 GSF DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST SECTION COST Demolition $22,155 Remove west porch addition 110 SF $25 $2,750 Remove concrete parking paving 3400 SF $2 $6,800 Remove east porch floor and structure 540 SF $15 $8,100 Shoring and bracing at east porch 1 EA $3,000 $3,000 Wall removal at bathroom 18 LF $10 $180 Sub floor removal at bathroom 90 SF $5 $450 Demo kitchen millwork and appliances 125 SF $7 $875 Site Work $102,660 Decomposed granite walks 1800 SF $5 $9,000 Brick paver gathering area 2300 SF $7 $16,100 Low novelty wire fencing with entry gate 320 LF $30 $9,600 Trees-Canopy 14 EA $900 $12,600 Trees-Orchard Trees 10 EA $900 $9,000 Trees-Ornamental 14 EA $300 $4,200 Low vegetation 320 SF $8 $2,560 Site sprinkler system-irrigation service 1 EA $1,000 $1,000 Site sprinkler system-irrigation 8000 SF $1 $10,000 Site sprinkler system-tree bubblers 14 EA $150 $2,100 Small cistern 1 EA $10,000 $10,000 Site lighting-Landscape 0 ALLOW $5,000 $0 Site lighting-Parking 2 EA $6,000 $12,000 Site Signage 3 EA $1,500 $4,500 Utilities $11,800 Extend utilities to the house 28 LF $350 $9,800 Weatherhead overhead electrical connection 1 EA $2,000 $2,000 Concrete $57,800 Concrete parking paving 3400 SF $8 $25,500 Concrete east porch&Stairs 650 SF $22 $14,300 Structural Foundation-UNKNOWN 1 ALLOW $18,000 $18,000 Masonry $20,000 Reconstruct fireplaces(quantity 2)&replica tile 2 EA $10,000 $20,000 Metals $4,800 Copper Gutter&Downspout 300 LF $16 $4,800 Wood $20,040 Bathroom subfloor 90 SF $4 $360 Restore west porch railing 500 SF $12 $6,000 Millwork @ Coffee Bar 12 LF $350 $4,200 Exterior wall inf ill at former addition 40 SF $12 $480 Exterior crawl space wall(200 LF) 600 SF $15 $9,000 Waterproofing/Insulation $23,780 Install existing lightning rod,new weathervane&new lightning system. 1 ALLOW $8,000 $8,000 Install blown insulation at attic&batt at crawlspace 5260 SF $3 $15,780 Openings Doors/Windows $25,700 Restore existing windows(quantity 25) 25 EA $500 $12,500 Select window sash replacement(5 sashes) 1 ALLOW $5,000 $5,000 Restore existing exterior doors 2 EA $500 $1,000 New exterior doors at west porch 2 EA $2,000 $4,000 Installed salvaged interior doors 1 ALLOW $2,000 $2,000 New interior restroom door(accessible) 1 ALLOW $1,200 $1,200 Finishes $54,858 Refinish wood flooring 1800 SF $4 $7,200 New restroom VCT 90 SF $5 $450 Dallas I Austin www.architexas.com 16 Architexas CREATE+CONSERVE Stonehaven House Wylie,Texas AREA.1900 GSF DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COS - SECTION COST 1/4"Gypsum Board at walls to be painted(Includes Living Room,guest,&bathn 1650 SF $2 $2,888 New wallpaper&blankstock liner(Excludes living room,guest,and bathroom) 3500 SF $5 $17,5001 Restore&complete stained trim(throughout house) 540 LF $8 $4,320 Exterior Painting 3800 SF $3 $11,400 Interior Painting(Living,guest,and bathroom) 3600 SF $2 $5,400 Gypsum ceilings(bedrooms,bathroom) 1900 SF $3 $5,700 Miscellaneous $89,000 Doghouse Restroom Building 1 EA $75,000 $75,000 Accessible wood framed ramp 1 ALLOW $10,000 $10,000 Appliances(refrigerator,dishwasher) 1 ALLOW $2,500 $2,500 Toilet accessories(accessibility grab bars,mirror,paper towel,etc.) 1 ALLOW $1,500 $1,500 Mechanical/Electrical/Plumbing $48,200 New residential HVAC system 1 ALLOW $12,000 $12,000 All new electrical system 1 ALLOW $8,000 $8,000 All new plumbing piping,fixtures,hot water heater 1 ALLOW $14,000 $14,000 Firm alarm and security system 1 ALLOW $750 $750 Rewire,repair,and install 2 light fixtures 1 ALLOW $750 $750 Light fixtures&switches-Period(Quantity 12) 12 EA $750 $9,000 Light fixtures&switches-Modern(Quantity 5) 5 EA $500 $2,500 Attic access hatch 1 ALLOW $1,200 $1,200 SUBTOTAL I $480,793 General Conditions(10%) $48,079 Project Contingency(15%) $72,119 SUBTOTAL $600,991 BUILDING PERMIT(1.5%) $7,212 GENERAL LIABILITY(1.5%) $7,212 FEE(overhead and profit)(8%) $38,463 BOND(5%) $26,924 SUBTOTAL $79,812 SUBTOTAL WITH BOND $680,802 Architectural&Engineering Fee&Expenses(15%) $90,149 Landscape Architecture&Civil Engineering $40,000 Furnishings&Exhibits Not In Contract PROJECT TOTAL COST Dallas I Austin www.architexas.com 17 The Secretary of the Interior's Standards for Rehabilitation The Standards(Department of Interior regulations,36 CFR 67)pertain to historic buildings of all materials,construction types,sizes,and occupancy and encompass the exterior and the interior,related landscape features and the building's site and environment as well as attached, adjacent, or related new construction.The Standards are to be applied to specific rehabilitation projects in a reasonable manner,taking into consideration economic and technical feasibility. Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations,and additions while preserving those portions or features which convey its historical,cultural,or architectural values. 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved.The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time,place,and use.Changes that create a false sense of historical development,such as adding conjectural features or architectural elements from other buildings,shall not be undertaken. 4. Most properties change over time;those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features,finishes,and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced.Where the severity of deterioration requires replacement of a distinctive feature,the new feature shall match the old in design,color,texture,and other visual qualities and,where possible,materials. Replacement of missing features shall be substantiated by documentary, physical,or pictorial evidence. 7. Chemical or physical treatments,such as sandblasting,that cause damage to historic materials shall not be used. The surface cleaning of structures,if appropriate,shall be undertaken using the gentlest means possible. 8. ignificant archeological resources affected by a project shall be protected and preserved.If such resources must be disturbed,mitigation measures shall be undertaken. 9. New additions,exterior alterations,or related new construction shall not destroy historic materials that characterize the property.The new work shall be differentiated from the old and shall be compatible with the massing,size,scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future,the essential form and integrity of the historic property and its environment would be unimpaired. Dallas I Austin www.architexas.com 18 Dallas I Austin 2900 S.Congress Ave. 1907 MariIla St. www.architexas.com Suite 200 Second Floor Austin,Texas 78704 Dallas,Texas 75201 p 512.444.4220 p 214.748.4561 Stonehaven House Phase 1 11/18/2019 Wylie,Texas AREA:1900 GSF DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST SECTION COST PHASE 1 Structure $23,000 Structural Foundation Allowance 1 ALLOW $18,000 $18,000 Structural support for Fireplaces 2 ALLOW $2,500 $5,000 Openings Doors/Windows $20,000 Restore existing windows(quantity 25) 25 EA $500 $12,500 Select window sash replacement(5 sashes) 1 ALLOW $5,000 $5,000 Painting 1 ALLOW $2,500 $2,500 Mechanical/Electrical/Plumbing $12,000 New residential HVAC system 1 ALLOW $12,000 $12,000 Utilities $11,800 Extend utilities to the house 28 LF $350 $9,800 Weatherhead overhead electrical connection 1 EA $2,000 $2,000 SUBTOTAL $66,800 General Conditions(10%) $6,680 Project Contingency(15%) $10,020 SUBTOTAL $16,700 BUILDING PERMIT(1.5%) $1,002 GENERAL LIABILITY(1.5%) $1,002 CONTRACTOR FEE(overhead and profit)(8%) $5,344 BOND(5%) $3,741 SUBTOTAL $11,089 SUBTOTAL WITH BOND $94,589 ARCHITECTURAL AND ENGINEERING FEE&EXPENSES(15%) $12,525 LANDSCAPE ARCHITECTURE AND CIVIL ENGINEERING $10,000 Furnishings&Exhibits NIC PROJECT TOTAL COST $117,114 Stonehaven House Phase 2 11/18/2019 Wylie,Texas AREA:1900 GSF DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST SECTION COST PHASE 2 Demolition $6,800 Remove concrete parking paving 3400 SF $2 $6,800 Site Work $107,660 Decomposed granite walks 1800 SF $5 $9,000 Brick paver gathering area 2300 SF $7 $16,100 Low novelty wire fencing with entry gate 320 LF $30 $9,600 Trees-Canopy 14 EA $900 $12,600 Trees-Orchard Trees 10 EA $900 $9,000 Trees-Ornamental 14 EA $300 $4,200 Low vegetation 320 SF $8 $2,560 Site sprinkler system-irrigation service 1 EA $1,000 $1,000 Site sprinkler system-irrigation 8000 SF $1 $10,000 Site sprinkler system-tree bubblers 14 EA $150 $2,100 Small cistern 1 EA $10,000 $10,000 Site lighting-Landscape 1 ALLOW $5,000 $5,000 Site lighting-Parking 2 EA $6,000 $12,000 Site Signage 3 EA $1,500 $4,500 Concrete $25,500 Concrete parking paving 3400 SF $8 $25,500 SUBTOTAL $139,960 General Conditions(10%) $13,996 Project Contingency(15%) $20,994 SUBTOTAL $34,990 BUILDING PERMIT(1.5%) $2,099 GENERAL LIABILITY(1.5%) $2,099 CONTRACTOR FEE(overhead and profit)(8%) $11,197 BOND(5%) $7,838 SUBTOTAL $23,233 SUBTOTAL WITH BOND $198,183 ARCHITECTURAL AND ENGINEERING FEE&EXPENSES(15%) $26,243 LANDSCAPE ARCHITECTURE AND CIVIL ENGINEERING $33,000 Furnishings&Exhibits NIC PROJECT TOTAL COST $257,426 Stonehaven House Phase 3 11/18/2019 Wylie,Texas AREA:1900 GSF DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST SECTION COST PHASE 3 Demolition $15,355 Remove west porch addition 110 SF $25 $2,750 Remove east porch floor and structure 540 SF $15 $8,100 Shoring and bracing at east porch 1 EA $3,000 $3,000 Wall removal at bathroom 18 LF $10 $180 Sub floor removal at bathroom 90 SF $5 $450 Demo kitchen millwork and appliances 125 SF $7 $875 Concrete $14,300 Concrete east porch&Stairs 650 SF $22 $14,300 Masonry $15,000 Reconstruct fireplaces(quantity 2)&replica tile 2 EA $7,500 $15,000 Metals $4,800 Copper Gutter&Downspout 300 LF $16 $4,800 Wood $20,040 Bathroom subfloor 90 SF $4 $360 Restore west porch railing 500 SF $12 $6,000 Millwork @ Coffee Bar 12 LF $350 $4,200 Exterior wall infill at former addition 40 SF $12 $480 Exterior crawl space wall(200 LF) 600 SF $15 $9,000 Waterproofing/Insulation $23,780 Install existing lightning rod,new weathervane&new lightning system. 1 ALLOW $8,000 $8,000 Install blown insulation at attic&batt at crawlspace 5260 SF $3 $15,780 Openings Doors/Windows $8,200 Restore existing exterior doors 2 EA $500 $1,000 New exterior doors at west porch 2 EA $2,000 $4,000 Installed salvaged interior doors 1 ALLOW $2,000 $2,000 New interior restroom door(accessible) 1 ALLOW $1,200 $1,200 Finishes $54,858 Refinish wood flooring 1800 SF $4 $7,200 New restroom VCT 90 SF $5 $450 1/4"Gypsum Board at walls to be painted(Includes Living Room,guest,&bathn 1650 SF $2 $2,888 New wallpaper&blankstock liner(Excludes living room,guest,and bathroom) 3500 SF $5 $17,500 Restore&complete stained trim(throughout house) 540 LF $8 $4,320 Exterior Painting 3800 SF $3 $11,400 Interior Painting(Living,guest,and bathroom) 3600 SF $2 $5,400 Gypsum ceilings(bedrooms,bathroom) 1900 SF $3 $5,700 Miscellaneous $89,000 Doghouse Restroom Building 1 EA $75,000 $75,000 Accessible wood framed ramp 1 ALLOW $10,000 $10,000 Appliances(refrigerator,dishwasher) 1 ALLOW $2,500 $2,500 Toilet accessories(accessibility grab bars,mirror,paper towel,etc.) 1 ALLOW $1,500 $1,500 Mechanical/Electrical/Plumbing $36,2001 All new electrical system 1 ALLOW $8,000 $8,000 All new plumbing piping,fixtures,hot water heater 1 ALLOW $14,000 $14,000 Firm alarm and security system 1 ALLOW $750 $750 Rewire,repair,and install 2 light fixtures 1 ALLOW $750 $750 Light fixtures&switches-Period(Quantity 12) 12 EA $750 $9,000 Light fixtures&switches-Modern(Quantity 5) 5 EA $500 $2,500 Attic access hatch 1 ALLOW $1,200 $1,200 SUBTOTAL $281,533 Stonehaven House Phase 3 11/18/2019 Wylie,Texas AREA:1900 GSF DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST SECTION COST General Conditions(10%) $28,153 Project Contingency(15%) $42,230 SUBTOTAL $70,383 BUILDING PERMIT(1.5%) $4,223 GENERAL LIABILITY(1.5%) $4,223 CONTRACTOR FEE(overhead and profit)(8%) $22,523 BOND(5%) $15,766 SUBTOTAL $46,734 SUBTOTAL WITH BON' i $398,650 ARCHITECTURAL AND ENGINEERING FEE&EXPENSES(15%) $52,787 LANDSCAPE ARCHITECTURE AND CIVIL ENGINEERING $15,000 Furnishings&Exhibits NIC PROJECT TOTAL COST ■ $466,437 IA/ VIP Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 25, 2020 Item Number: WS 2 Department: Public Works (City Secretary's Use Only) Prepared By: Tim Porter Account Code: Date Prepared: August 17, 2020 Exhibits: Subject Discussion Regarding Project Update on the Intersection Improvements to FM 544 and Country Club Road. Recommendation N/A Discussion Update City Council on the proposed intersection improvements to FM 544 and Country Club Road. Page 1 of 1 T= tst . '- T 1 e" I —16 ' ''':'5' t .,_ �. "�� 'MCI 1 0 . A S �'r - - ,,,,,, 1t.- iripa . 41:L.. , . . 111:\l' . --.6; ,... ' 1 • I RAILROAD ROW w ... _ � a •• • Y - - - 1•g r r . - �u aiiElM1= _ _, �. .�.r.-+ ...Knn... c.. o RAILROAD ROW I, 'mac Q FM544 ,a. a i _ r ar 39000tr - I _- ' e goo e -Li y b EB i ' LL ft — ___-_ Z • I •airs u a oA • PRELIMINARY • IT BEGIN PROJECT - —! 0 BEGIN CONSTRUCTION - 1_ iiiiiii TN5 OPR EL 5INABEO FOR THECSJ N PROJECT - PURPOEE OF INTEPoM FIEMEW ONLY , _ 4 C FM544 STA 390.1 5.96 a 41. �V T uNOER auTNgnTr OFF - MATCH Ex 1 ST I NG ry., ,.M 1 DUNG HUY NG YEN _ ... .. PE 28595 -...�_ r'l :�a;l .T N 1• - .. OK OB/14/2020 I- ' IT IS NOT FOR CONSTRUCTION BICONG - • OR PERMITTING PURPOSES A A •' J —7I Texos Deportment of Tronsportotion . • 4 I , © 2020 lik F 11 �, �� i FM 544 AT FM 1378 PROJECT LAYOUT ■ GEND OPOSED NEW PAVEMENT „t SCALE: I"•100' SHEET 1 OF 2 • , -- _ EXISTING MEDIANS< MENEM A R FEDERAL AID PROJECT NO. H.G4 Ar TO BE REMOVED EXISTING MEDIANS GRAPHICS 1 SEE TITLE SHEET FM 544 TO REMAIN STATE AISTRICT COUNTY SIT i — PROPOSED SIDEWALK DANCE TEXAS DALLAS COLLIN eD DIRECTION OF TRAFFIC ® CONTROL SECTIOry JOB 0619 03 061 RPL TDRVS RPENR cry �, ,� �P• ! 1 —.. T 1 ! a I •ucri•SBFM13 `9.36.7 IV1 1 • [� 1 1 LEGEND `g. `K�srr 1 1 _ II* PROPOSED NEW PAVEMENT 1 k ; • E 1 1 EXISTING MEDIANS TO BE REMOVED �' �• •'Np 1 1 EXISTING MEDIANS « - l•I. ... ! w 1 t TO REMAIN I . 1-- £- 1 m I II PROPOSED SIDEWALK J V I I I —0 DIRECTION OF TRAFFIC Alin z 1 I Iii Z I 1 o w • 3-1'' ro -' .• ' w M RAILROAD ROW 3. il `+2' 2 — • -- RAILROAD ROW V 8 4 4 4 4 1_114 • � - _ END CONSTRUCTION .q@ NBFM1378 STA 25.34.7I _ MATCH EXISTING iJ.>+ '� --------------- � ` - E NBFMI378 — — .— — — —— -- • ^' - RAI '' A11378, _ tll - ,- - .- ‘ • - - RAILROAD ROW sp s ' —'. PROP ROW _-- '- - LROAD ROW r- ti4 ....P � � ROW -.+. CS — ,,1 1'!".114114416***1 • • v mr-� 1 I - : - - - _ _� a -T - - r — — -- — EB FM544 e — 1 1 _ .._ — - - __ _ -44 W� _ - — _ \h _, EXIST ROW . rt 1 - `�FM544 _ SW = a PROP ROW I _ PROP ROW , U .. I: — mo d d.d Af11 i END PROJECT x a 4 4 N _ ^� END CONSTRUCTION PRELIMINARY a '/ �� csJ 0619-03-061 EXIST ' TNIS DOCUMENT S RELEASED FOR THE a ¢ • t • �! tf11/11 N I - • fE FM544 STA 410.36.00 _ •� PURPOSE OF INTERIM REVIEW ONLY a t ■4, - MATCH EXISTING - 1 UNDER dUi110R1tt OFl • I DUNG 2859NGV5YEN • 1 II ah- : V. A,� �,• i1�•,�1^F�'1'A�� I --- ., R 5 NOT FOR Cp45TRUCTKXI MMHG y, M m�_ _��,��, �� ©1�'�� I OR PERMITTING PURPOSES 0 �� \ �,. N 30 i �, w # Texas Deportment of Transportation % e © zozo g w, FM 544 AT FM 1378 BEGIN CONSTRUCTION 6 / W •1 -• PROJECT LAYOUT @ SBFMEXIS STA 19.93.65 / J r . , MATCH EXISTING . ` F • ry ' TT •• � I SCALE: 1-.100' SHEET 2 OF 2 �r. ,f � • •NIL 1 t, e FEDERAL AID PROJECT NO. EMI �` BEGIN CONSTRUCTION / O; .. ,` ' /®��®® ¢' NBFM1378 STA 19.01.95 ` 11 J_// MATCH EXISTING 0619 03 061 RPLTORV$ $PEN$