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09-08-2020 (City Council) Agenda Packet
IAI If Wylie City Council CITY OF WYLIE NOTICE OF MEETING Amended Regular Meeting Agenda September 8, 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 PRESENTATIONS • Proclamation—Hispanic Business Month September 8,2020 Wylie City Council Regular Meeting Agenda-Amended Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider,and act upon,approval of the Minutes of August 25,2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and act upon,approval of an Amended Plat for Lot 1 of Alanis Addition to establish new fire lane and utility easements on 1.888 acres,generally located at the northeast corner of Alanis Dr. and Ballard Ave. (J. Haskins, Planning Manager) C. Consider,and act upon,Ordinance No.2020-46 to a change of zoning from Agricultural District (AG/30) to Commercial Corridor District (CC), to allow for commercial development 1.364 acres located at 7940 E Parker Road. (ZC2020-07) (J. Haskins, Planning Manager) D. 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 401 N. Keefer, Lot 75R, Block 12 of the Brown & Burns Addition within the Downtown Historic District. (J. Haskins, Planning Manager) E. Consider, and act upon, Resolution No. 2020-49(R) supporting the Texas Department of Transportation's proposed schematic layout of FM 544 and Country Club Road intersection improvements. (T. Porter, Public Works Director) 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. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. September 8,2020 Wylie City Council Regular Meeting Agenda-Amended Page 3 of 4 • Receive legal advice regarding PUC Docket No. 46662 pending before the Public Utility Commission of Texas in the case styled Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing the decision by North Texas Municipal Water District affecting wholesale water rates. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. REGULAR AGENDA 1. Consider,and act upon,Resolution No.2020-50(R)approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the company's 2020 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement;finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest;approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory liability; requiring the company to reimburse ACSC's reasonable ratemaking expenses; determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act. (C. Holsted, City Manager) Executive Summary The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division ("Atmos Mid-Tex"or"Company"),is a member of the Atmos Cities Steering Committee("ACSC"). In 2007, ACSC and Atmos Mid-Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing(arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process, referred to as Rate Review Mechanism("RRM"),as a substitute for future filings under the GRIP statute. 2. Consider, and act upon, Ordinance No. 2020-47 amending Chapter 74 (Offenses and Miscellaneous Provisions),Article X(Electioneering at Polling Locations) of the City of Wylie Code of Ordinances, Ordinance No. 2005-07, as amended; modifying certain regulations relating to electioneering on public premises used as a polling place. (S. Storm, City Secretary) Executive Summary Sections 61.003 and 85.036 of the Texas Election Code authorizes the City Council to enact reasonable regulations concerning the time,place and manner of electioneering on public premises used as a polling place in the City of Wylie. Polling places include public facilities that are simultaneously used for various other purposes and for which adequate and safe parking and access must be maintained for those facilities to operate in a safe and effective manner. 3. Consider, and act upon, Ordinance No. 2020-48 amending Ordinance Nos. 2020-24, 2020-25, 2020-26,2020-29,2020-31,2020-35,2020-38,and 2020-41 Continuing or Renewing the Mayor's Declaration of Local Disaster for a Public Health Emergency and establishing new orders to help abate the COVID-19 public health crisis. (C. Holsted, City Manager) Executive Summary On March 22,March 27,April 2,April 28,May 12,May 26,June 9,and July 28,2020 the City Council adopted Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, 2020-38, and 2020-41 which continued the Mayor's Amended Declaration of Local Disaster for Public Health Emergency to help abate the public health threat resulting from the novel Coronavirus (COVID-19); providing the consent of the City Council to the continuation of the Declaration until 11:59 p.m.on September 8,2020. September 8,2020 Wylie City Council Regular Meeting Agenda-Amended Page 4 of 4 WORK SESSION • Discussion regarding the November Council meeting. (C. Holsted, City Manager) 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 certj that this Notice of Meeting was posted on September 4, 2020 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed 1AI fN Wylie City Council CITY OF WYLIE Minutes Regular Meeting August 25, 2020—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Mayor Eric Hogue called the regular meeting to order at 6:00 p.m. The following City Council members were present: Mayor pro tern Jeff Forrester,Councilman David R. Duke,Councilman Matthew Porter,Councilman Timothy T. Wallis,and Councilman David Dahl. Councilwoman Candy Arrington 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; Planning Manager Jasen Haskins; Project Engineer Wes Lawson; Human Resources Director Lety Yanez; City Secretary Stephanie Storm, and various support staff INVOCATION&PLEDGE OF ALLEGIANCE Mayor Hogue led the invocation and City Manager Hoisted led the Pledge of Allegiance. CITIZEN COMMENTS ON NON-AGENDA ITEMS Lon Ricker addressed Council expressing his thanks to Council and staff for the assistance to the Not-for- Profit organizations during the Covid pandemic. 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) Minutes August 25,2020 Wylie City Council Page 1 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) 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 Minutes August 25,2020 Wylie City Council Page 2 $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) Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Dahl, to approve the Consent Agenda as presented. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 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) Staff Comments Planning Manager Haskins addressed Council stating 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 is on this agenda for consideration. Haskins stated 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. Council Action A motion was made by Councilman Dahl,seconded by Mayor pro tem Forrester,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. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 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) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone from Agricultural (AG/30) to Commercial Corridor(CC) is for marketing purposes. Haskins stated the applicant has a daycare developer interested in the property, but does not have development plans at this time. Haskins reported 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. Haskins stated twelve notifications were mailed with no responses received. The P&Z Commission voted 7-0 to recommend approval. Public Hearing Mayor Hogue opened the public hearing on Item 2 at 6:09 p.m. asking anyone present wishing to address Council to come forward. Minutes August 25,2020 Wylie City Council Page 3 No one came forward for the public hearing. Mayor Hogue closed the public hearing at 6:09 p.m. Council Comments Councilman Dahl inquired if a fueling station would be allowed.Haskins replied that it would require a special use permit. Fueling stations and auto repair would require a special use permit. Council Action A motion was made by Councilman Dahl,seconded by Councilman Duke,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.A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 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) Staff Comments Finance Director Beard addressed Council stating 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).Beard reported 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. Public Hearing Mayor Hogue opened the public hearing on Item 3 at 6:13 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Hogue closed the public hearing at 6:13 p.m. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Porter,to approve 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. A vote was taken and motion passed 6-0 with Mayor Hogue, Mayor pro tern Forrester, Councilman Porter, Councilman Duke, Councilman Dahl, and Councilman Wallis voting for,and Councilwoman Arrington absent. 4. Consider,and act upon, approving the property tax revenue increase reflected in the budget. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating the tax rate needed to support the newly adopted FY 2020- 2021 Budget is .671979 per$100 assessed valuation. 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. Beard stated 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. Minutes August 25,2020 Wylie City Council Page 4 Council Action A motion was made by Councilman Wallis, seconded by Councilman Duke, to approve the property tax revenue increase reflected in the budget. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 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) Staff Comments Finance Director Beard addressed Council stating the proposed tax rate is lower than the no new revenue tax rate and lower than the voter approval tax rate;therefore,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. Public Hearing Mayor Hogue opened the public hearing on Item 5 at 6:18 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Hogue closed the public hearing at 6:18 p.m. Council Action Council took no action on this item. 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) Staff Comments Finance Director Beard addressed Council stating 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. Council Action A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester,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. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 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) Staff Comments Finance Director Beard addressed Council stating this is the proposed I&S tax rate and it will generate a debt service levy of$8,417,673. Minutes August 25,2020 Wylie City Council Page 5 Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis,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.A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. City Manager Hoisted expressed his gratitude to the Finance Depai lment and Council on all the hard work they have done this year on the budget.Mayor Hogue also expressed his gratitude for the work staff has done. Mayor Hogue convened the Council into Executive Session at 6:25 p.m. EXECUTIVE SESSION 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. 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. Mayor Hogue convened the Council into Open Session at 7:04 p.m. RECESS CITY COUNCIL Mayor Hogue recessed the City Council so that the Parks and Recreation Facilities Development Corporation could meet at 7:04 p.m. Minutes August 25,2020 Wylie City Council Page 6 CALL TO ORDER THE WYLIE PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION(4B) Board member Porter called the Parks &Recreation Facilities Development Corporation(4B) Board to order at 7:05 p.m. The following members were present: Matthew Porter, Timothy T. Wallis, David R. Duke, Emmett Jones, and Scott Hevel. Chair,Dan Chesnut and board member Candy Arrington were absent. 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) Board Action A motion was made by board member Jones,seconded by board member Wallis,to approve the Minutes from the September 10, 2019 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation(4B).A vote was taken and motion carried 5-0 with Chair,Dan Chesnut and board member Candy Arrington absent. 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) Board Action A motion was made by board member Wallis, seconded by board member Duke, to appoint Matthew Porter as Chairman and Emmett Jones as Vice Chairman; and Chris Holsted as President; Renae 011ie as Vice- President; Melissa Beard as Treasurer, and Stephanie Storm as Secretary of the Wylie Parks and Recreation Facilities Development Corporation(4B)for a term beginning January 1,2021 and ending December 31,2022 (2-year term). A vote was taken and motion carried 5-0 with Chair, Dan Chesnut and board member Candy Arrington absent. 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) Staff Comments Finance Director Beard addressed the board stating as set out in the Articles of Incorporation, the Board has the power to authorize the expenditures of sales tax receipts for projects approved by the City Council. Further, the Bylaws state that"It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council."Bylaws further state that "The President shall submit the budget to the City Council for approval prior to submittal to the Board for final adoption." Beard stated the activities of the 4B Corporation are accounted for in two fund types: 4B Sales Tax Revenue Fund and the 4B Debt Service Fund. The 4B Sales Tax Revenue Fund includes departments for the Brown House, Senior Activities, Recreation Center, Stonehaven House, a portion of Parks, and Combined Services. The proposed revenues for the FY 2020-2021 budget year are $3,527,187 which includes a 5% decrease in sales tax revenue from FY 2019-2020. Proposed expenditures of $3,193,517 include one recommended upgrade to the Recreation Building Attendant position and no requests for additional equipment. A very healthy fund balance of$3,300,909 is projected and the fund balance policy requirement is 25% of budgeted sales tax revenue which is equal to$742,110.The 4B Debt Service Fund will make bond payments of principal and interest for FY 2020-2021 totaling $392,250 which is supported by a transfer from the 4B Sales Tax Revenue Fund. The current outstanding debt for the 4B fund is $1,805,000 which will be completely paid off in FY 2025. Minutes August 25,2020 Wylie City Council Page 7 Board Action A motion was made by board member Jones,seconded by board member Hevel,to approve FY 2020-2021 4B Budget and authorize expenditures for the FY 2020-2021 Community Services Facilities Capital Improvement Plan. A vote was taken and motion carried 5-0 with Chair, Dan Chesnut and board member Candy Arrington absent. ADJOURN 4B BOARD A motion was made by board member Jones, seconded by board member Hevel, to adjourn the 4B Board meeting at 7:12 p.m. A vote was taken and motion carried 5-0 with Chair, Dan Chesnut and board member Candy Arrington absent. RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL Mayor Hogue convened the Council into Open Session and into Work Session at 7:13 p.m. WORK SESSION • Discuss future development of the Brown and Stonehaven Houses. (R. Diaz, Parks &Recreation Director) Parks and Recreation Director Diaz addressed Council stating during the budget process for FY 2021 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. Diaz stated Parks and Recreation staff has created a plan for the development of both houses through FY 2025 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. Diaz reported the intent of the staff proposed plan is to create a starting point for discussion and the plan can be modified or changed based on Council input. Council gave direction to protect the Stonehaven House from deterioration; but, make the Brown House the priority due to its location downtown. • Discussion Regarding Project Update on the Intersection Improvements to FM 544 and Country Club Road. (T. Porter, Public Works Director) Public Works Director Porter addressed Council stating TxDOT has submitted to the City 30% plans. A tentative time schedule includes: submittal of 60% plans by the end of September, finish engineering by January of next year,and acquiring right of way and moving utilities throughout the next year,and would like to go for bid in May 2022. There have been many conversations with TxDOT regarding this intersection. The plan included in the packet is a schematic plan of what they have outlined today. Public Works Director Porter stated he would request Council direction on possibly bringing a Resolution to Council at a future meeting to close one or two median openings that currently exist in order to increase the capacity at the intersection as well as for safety reasons. Minutes August 25,2020 Wylie City Council Page 8 Porter reviewed the maps and proposed changes with Council. Holsted verbalized that the goal is to add as many lanes as possible without negatively affecting the business in that location. Council gave some suggestions for the intersection in which Public Works Director Porter replied he would share with TxDOT.Council gave direction in support of bringing a document for Council consideration closing the two median openings at a future Council meeting, and to move forward with the proposed changes to the intersection. RECONVENE INTO REGULAR SESSION Mayor Hogue convened the Council into Regular Session at 7:58 p.m. READING OF ORDINANCES City Secretary Storm read the caption to Ordinance Nos. 2020-43,2020-44,and 2020-45 into the official record ADJOURNMENT A motion was made by Councilman Duke, seconded by Mayor pro tern Forrester, to adjourn the meeting at 8:00 p.m. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes August 25,2020 Wylie City Council Page 9 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8,2020 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 31,2020 Exhibits: 1 Subject Consider, and act upon, approval of an Amended Plat for Lot 1 of Alanis Addition to establish new fire lane and utility easements on 1.888 acres, generally located at the northeast corner of Alanis Dr. and Ballard Ave. Recommendation Motion to recommend approval of an Amended Plat for Lot 1 of Alanis Addition to establish new fire lane and utility easements on 1.888 acres, generally located at the northeast corner of Alanis Dr. and Ballard Ave. Discussion OWNER: Mantra Capital Investments APPLICANT: Barton Chapa Surveying The applicant has submitted an amended plat for Lot 1 of Alanis Addition on 1.888 acres. The purpose of the amended plat is to locate and label utility and firelane easements.A site plan for this property was approved in March 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. In accordance with Article 212, Section 212.0091 of the Texas Local Government Code,the City Council must provide a written statement to the applicant for reasons of conditional approval or disapproval. P&Z Considerations The P&Z Commission voted 5-0 to recommend approval. Page 1 of 1 I 1 / 1 VICINITY MAP- NOT TO SCALE NOTES: STATE OF TEXAS § LEGEND OF ABBREVIATIONS COUNTY OF COLLIN § i LAKE wiCHIrA DR TWIN OAKS DR • D.R.C.C.T. DEED RECORDS, COLLIN COUNTY,TEXAS 1. Selling a portion of this addition by metes and bounds is a violation of City BCS SITE I ordinance and State law, and is subject to fines and withholding of utilities WHEREAS MANTRA CAPITAL INVESTMENT, LLC,A TEXAS LIMITED LIABILITY COMPANY, is the owner of a tract situated in the Allen Atterberry Survey, Abstract Number 23, in the City u b LAKE TEXOMA DR I • P.R.C.C.T. PLAT RECORDS, COLLIN COUNTY,TEXAS and buildingpermits. ALANIS ST of Wylie, Collin County, Texas, and being all of Lot 1 of Alanis Addition, according to the plat recorded under Cabinet P, Slide 287, Plat Records of Collin County, Texas, as conveyed by 9� • O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,TEXAS deed to Mantra Capital Investments, LLC, a Texas limited liabilitycompany as recorded under Document Number 20190703000782510, Official Public Records of Collin County, Texas, c N / -7, 2. Access Easements: p p Y 13FIRTon CHFIPFI q yoti ra DOC.# DOCUMENT NUMBER the subject tract being more particularly described as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983 MARTIN DR �qkF • The undersigned does covenant and agree that the access easement may be GURUGJ'° HIG _ o� • C.M. CONTROLLING MONUMENT utilized by any person or the general public for ingress and egress to other (NAD '83)): =-ei. • SQ. FT. SQUARE FEET 5200 State Highway 121 Y + real property, and for the purpose of general public vehicular and pedestrian BEGINNING at a 1/2 inch rebar found for the northeast corner of said Lot 1 and the herein described tract; Colleyville,TX 76034 CLIFFBROOK OR I I • ROW RIGHT OF WAY use and access, and for fire department and emergency use in, along, upon • CRS CAPPED REBAR SET premises, with the right and privilege at all times of the CityTHENCE with the perimeter and to the corners of said Lot 1 the following calls: Phone: 817-864-1957 ROCKBROOK DR and across saidg p ' g info@bcsdfw.com I C of Wylie, its agents, employees, workmen and representatives having 1. South 01 degrees 32 minutes 34 seconds West, a distance of 321.69 feet to a point from which a 1/2 inch rebar found bears North 71 degrees West a distance of 0.34 feet; TBPLS Firm #10194474 HWY381 � ingress, egress, and regress in, along, upon and across said premises. 2. South 89 degrees 28 minutes 26 seconds West, a distance of 241.20 feet to a 1/2 inch rebar found at the beginning of a non-tangent curve to the left, having a radius of 2110.00 ` 1 nfeet, with a delta angle of 01 degrees 06 minutes 27 seconds, whose chord bears North 03 degrees 56 minutes 34 seconds West, a distance of 40.78 feet; 1 c )- --- A Easement Line Data Table Easement Curve Data Table 3. Along said curve to the left, an arc length of 40.78 feet to a 1/2 inch rebar found the beginning of a reverse-curve to the right, having a radius of 5720.00 feet, with a delta angle of q • CEDAR POINT DRf Q 02 degrees 49 minutes 07 seconds, whose chord bears North 03 degrees 05 minutes 14 seconds West, a distance of 281.36 feet; I0. z �� Line # Distance Bearing Curve # Arc Radius Delta Chord Bearing Chord .Along said curve to the right, an arc length of 281.39 feet to a 1/2 inch rebar found; SURVEYOR'S NOTES: N L1 9.05' N89°47'S6"W ClC1 21.16' 5720.00' 000'12'43" S03°07'43"E 21.16' L2 29.38' N38'21'49'E C2 10.58' 28.00' 021'38'58" S79°22'34"W 10.52' 5. South 89 degrees 30 minutes 46 seconds East, a distance of 267.82 feet to the POINT OF BEGINNING and enclosing 1.888 acres (82,246 square feet) of land, more or less. 1. Bearings are based on the State Plane Coordinate System, Texas North - NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS Central Zone (4202) North American Datum of 1983 (NAD '83), 3I' 0 15' 30' 60'I L3 20.48' S50°01'23'E C3 13.12' 5720.00' 000°07'53" NO2'41'47"W 13.12' distances are surface with a combined scale factor of 1.00015271. L4 15.08' N89°47'S6"W That MANTRA CAPITAL INVESTMENT, LLC, A TEXAS LIMITED LIABILITY COMPANY acting herein by and through its duly authorized officers, does hereby adopt this plat designating SCALE: 1°=30' the herein above described property as LOT 1, ALANIS ADDITION, an addition to the Cityof Wylie, Texas, and does herebydedicate, in fee simple, to the public use forever, the p p Y Yp 2. This property lies within Zone "X" of the Flood Insurance Rate Map for streets, rights-of-way, and other public improvements-shwon thereof. The streets and alleys, if any, are dedicated for street purposes. The easements and public use areas, as shown, Collin County, Texas and Incorporated Areas, map no. 48085C0535J, are dedicated, for the public use forever, for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed with an effective date of June 2, 2009, via scaled map location and upon, over, or across the easements as show, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In graphic plotting. addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easements limits the use to 3. Monuments are found unless specifically designated as set. I I particular utilities, said use by public utilities being subordinate to the public's and City of Wylie's use thereof. The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which `PEI I may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Wylie and public utility entities shall / 1 R co) CITY OF WYLIE ERG\ \A ?G•194'p. I VOL. 1053, PG.876 at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading v • Zo1' _ "x" FND. O.P.R.C.C.T. I meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. 5o ROW pER Thisplat approved to all plattingordinances, rules, regulations, and resolutions of the Cityof Wylie,Texas. i / 1/2" REBAR POINT OF pp subject g , --\ LOT 1-X,BLOCK G BEGINNING 1/2" REBAR S89°30'46"E 267.82' STONE RANCH WITNESS, my hand, this the day of , 20 \ VOL.2017,PG.195 55' \ P.R.C.C.T. 110' 1 1/2" REBAR (C.M.) BY: LOT 16,BLOCK G\ I I STONE RANCH \ I Authorized Signature of Owner VOL.2017,PG. 195 I 30' NORTH TEXAS MUNICIPAL \ P.R.C.C.T. I k WATER DISTRICT EASEMENT I (VOL. 508, PG. 138, O.P.R.C.C.T.) Z \ I R.O.W.DEDICATION 1o' NORTH TEXAS MUNICIPAL LOT 1 Printed Name and Title \ I (CAB.P,SLIDE 287,P.R.C.C.T.) WATER DISTRICT EASEMENT -cry (VOL. 4422, PG. 2456, O.P.R.C.C.T:) ALANIS ADDITION \ dy I `D 1.888 ACRES STATE OF TEXAS § / 1 Z \ N 2SQUARE I JOB NO. 2020.069.001 8 ,246 FEET COUNTY OF § "X" D' DRAWN: BCS II Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared , Owner, known to me to be the person whose IN name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as for the purpose and consideration therein expressed, and in the capacity CHECKED: JHB LOT 15,BLOCK G m 50' LONESTAR GAS COMPANY EASEMENT I therein stated. STONE RANCH I N VISIBIUTY EASEMENT (VOL. 3260, PG. 974, 0.P.R.C.C.T.) TABLE OF REVISIONS VOL.2017,PG. 195 A VISIBILITY (PER THIS PLAT) P.R.C.C.T. m I \ TRIANGLE Given under my hand and seal of office,this day of 20 DATE SUMMARY • ' L4 +' I 07-28-2020 COMMENTS ADDRESSED `_ -ate I I S89'47'56"E 58.57' L=281.39',R�5720.00' I L=26.01; R=5720.00' \ L=82.95; R=52.00' I A=2°49'07" 0=00015'38" \�0= ' 38" NotaryPublic in and for I NO2 5 W 2 3'33" 6.01' S44'06O60707"E-74.43• "x" FND. NO3°OS'14"W�281.36' II �8s47'56"W 46.84' -•-- \\ I the State of Texas -- C2 LI - `� L=44.66; R=28.00'/\ \\ LOT 1 LOT 2 SURVEYOR'S CERTIFICATE I \VISIBILITY E3 J o=09123'38" ALANIS ADDITION ALANIS ADDITION - TRIANGLE\ N44ros'07"W 40.08' \ 1 CAB.P,SLIDE 287 _ CAB. P,SLIDE 287 That I, John H. Barton III, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that this Plat is from an actual and accurate survey of the land and 1 VISIBILITY EASEMENT P.R.C.C.T. M P.R.C.C.T. that the corner monuments shown thereon as set were properly placed under my personal supervision in accordance with the Subdivision Ordinance of the City of Wylie. 1 / I (PER THIS PLAT) 1 l 11 I MN PRELIMINARY AMENDED ICD D I 0 THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE FINAL PLAT LOT 14,BLOCK G I v) AND SHALL NOT BE USED, VIEWED, OR RELIED UPON AS A FINAL STONE RANCH VOL.2017,PG. 195 W D o, `4 FYACKEYINIgr)TP�9#N6 372020 P.R.C.C.T. 1 En 20 es es I 0 W TiD a STATE OF TEXAS § z I 10 c o COUNTY OF § WYLIE, ce z �, 10 m I 1. in N Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared , Land Surveyor, known to me to be the person \ whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same as for the purpose and consideration therein expressed, and in the TEXAS 1 PUBLIC ACCESS, FIRE LANE, I capacity therein stated. \ N 1 \ & UTILITY EASEMENT p y (PER THIS PLAT) L=17.4s; R= 8. 4'00' L=0355; R=57.00' Given under myhandandsealofoffice, this dayof , \ 0=035 44OS" 0=035 44'05" 20 / 1 I N7239'31"E�17.18' N72:39'31"E-34.98' \ i \\ L=44.50', R=28.00' S8928'26"E 50.11' j___ __ ____ \ I \ \/ 54356'22"E"39.97' I \ S89 28'26"E \-- 7------ ---.., \ \ �� - - S0132'34"W 30' PUBLIC ACCESS & FIRE NotaryPublic in and for 1 21 02' I 30.00' LANE EASEMENT (CAB. P, SLIDE 287, P.R.C.C.T.) the State of Texas LOT 13,BLOCK G \ 1/2" IEBAR L=82.65', R=52.00' /\ a=091ro4'08"J N STONE RANCH \ N435 Ws'22" 74.22' \ 1--0- N8928'261W 60.49• The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies VOL.2017,PG. 195 110 I --�21.02' - that the foregoing final plat of the ALANIS ADDITION, addition to the City of P.R.C.C.T. \ I N8928'26"W L=14.15; 3428.00' a=02857'34" 10' City onday WATER UTILITY EASEMENT \ Wylie was submitted to the Council the of , 20 L=40.78', R=2110.00' s7sro2'a7"W 1a.00' (CAB. P, SLIDE 287, P.R.C.C.T.) \ „ " _, and the Council, byformal action, then and there accepted the dedication A10' TEXAS UTILITIES COMPANY EASEMENT L=26.28', R=52.00' o Recommended for Approval p =1°06'27" (VOL. 4351, PG. 2510, O.P.R.C.C.T.) 0=02857'34" I g of streets, alley, parks, easement, public places, and water and sewer lines as NO3°56'34"W 40.78' I s7sro2'a7"w 2s.00' shown and set forth in and upon said plat and said Council further authorized 4 ) 1 - I _ 1/2" REBAR I II the Mayor to note the acceptance thereof by signing his name as hereinabove \ - - L I subscribed. (C.M.) N890 2826, „W 241.20, 1/2"IREBAR - Chairman, Planning&Zoning Commission Date I BRS. N71'W( 0.34' ICity of Wylie,Texas Witness my hand this day of , A.D., 20 45'R.O.W.DEDICATION I b I VOL.2017, PG.195 "' "Approved for Construction" P.R.C.C.T. I-- II City Secretary, City of Wylie,Texas 0 _La co _ _ _ _ ALANIS DRIVE o AMENDED FINAL PLAT el - (100'R.O.W.AS SHOWN ON CAB.P,SLIDE 287,P.R.C.C.T.) o I CENTERLINE Mayor, City of Wylie,Texas Date -- I I I LOT 1, ALANIS ADDITION SHEET: "Accepted" La cc o C BEING LOT 1 OF ALANIS ADDITION N,, CABINET P, SLIDE 287, PLAT RECORDS, COLLIN COUNTY, TEXAS 6 o� I Mayor, City of Wylie,Texas Date OUT OF THE ALLEN ATTERBERRY SURVEY, ABSTRACT NUMBER 23 - - - - - - - - - - - - I- - � � _ _ - - 1 LOT: 1.888 ACRES m CITY OF WYLIE cc 0 0_ I (REMAINDER) I COLLIN COUNTY, TEXAS 0 I THE CITY OFWYLIE I LOT 15, BLOCK A I PREPARED JUNE 2020 3 VOL.6008,PG.2571 TWIN LAKES SUBDIVISION N= I O.P.R.C.C.T. CAB.G,SLIDE 561 IP.R.C.C.T. I PLAT RECORDED UNDER VOLUME , PAGE , DATE a, J Z:\Project Data\Survey\069-DCMG\2020\001-Wylie Retail\Drawings fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8,2020 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: August 31,2020 Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2020-46 to a change of zoning from Agricultural District (AG/30) to Commercial Corridor District(CC),to allow for commercial development 1.364 acres located at 7940 E Parker Road. (ZC2020-07) Recommendation Motion to approve Ordinance No. 2020-46 to a change of zoning from Agricultural District (AG/30) to Commercial Corridor District(CC),to allow for commercial development 1.364 acres located at 7940 E Parker Road. (ZC2020-07) Discussion Zoning Case 2020-07 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 1.364 acres of property located at 7940 East Parker Road from Agricultural District (AG/30) to Commercial Corridor District (CC). Exhibit A (Legal Description) and Exhibit B (Development Agreement) are included and made a part of this Ordinance. The property is subject to a Development Agreement for Building Materials authorized by City Council and executed in August 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. 2020-46 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 2020-07, FROM AGRICULTURAL DISTRICT (AG/30) TO COMMERCIAL CORRIDOR DISTRICT (CC), TO ALLOW FOR COMMERCIAL DEVELOPMENT; 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 a Development Agreement are an integral component of the development of the property and is attached as Exhibit B. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of Ordinance No.2020-46-Change the Zoning on The Hereinafter Described Property,Zoning Case Number 2020-07, From Agricultural District(Ag/30)To Commercial Corridor District(Cc),To Allow for Commercial Development 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 8th day of September, 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION: September 16,2020,in the Wylie News Ordinance No.2020-46-Change the Zoning on The Hereinafter Described Property,Zoning Case Number 2020-07, From Agricultural District(Ag/30)To Commercial Corridor District(Cc),To Allow for Commercial Development DESCRIPTION All that certain lot,tract or parcel of land situated in the L.M. MARSHALL SURVEY,ABSTRACT NO. 594, Collin County, Texas,and being all of a 1.00 acres tract as described in a Warranty deed from Associates First Capital Corporation to Stone Street Properties, dated March 25, 2005 and being recorded in Volume 5888, Page 3339 of the Official Public Records of Collin County, Texas , and being more particularly described as follows: BEGINNING at a 1/2" iron rod with yellow plastic cap stamped "R.S.C.I. RPLS 5034"set for corner I the South right-of-way line of East Parker Road F.M. Highway 2514, at the Northwest corner of said 1.00 acres tract and also being the Northeast corner of a 0.908 acres tract as described in a Special Warranty deed to Kurt Allen Strange,as recorded in Volume 5093, Page 5104 of the Land Records of Collin County, Texas; THENCE S. 89 deg.42 min. 23 sec. E. along said right-of-way line, a distance of 223.00 feet to a 3/4" iron rod found for corner at the Northeast corner of said 1.00 acres tract and being at the Northwest corner of a 2.075 acres tract as described in a Warranty deed to Michael C. Benner and Sharon K. Benner, as recorded in Volume 3012, Page 012 of the Land Records of Collin County,Texas; THENCE S. 17 deg. 35 min. 00 sec. W. (Controlling bearing line) along the East line of said 1.00 acres tract, a distance of 245.49 feet to a 3/4"iron rod found for corner; THENCE N. 89 deg.24 min. 19 sec. W. along the South line of said 1.00 acres tract, a distance of 149.03 feet to a 3/4"iron rod found for corner; THENCE N. 00 deg. 02 min.51 sec. E. a distance of 233.62 feet to the POINT OF BEGINNING and containing 1.00 acres of land. NOTES 1)According to F.E.M.A. Flood Insurance Rate Map. Community Panel No.480759 0465 H dated December 19, 1997, this property lies in Zone X. This property does not appear to lie within a 100-year flood plain. 2)BEARING SOURCE: RECORDED DEED IN VOL. 588, PG. 3339, O.P.R.C.C.T. 3)ALL 1/2" IRS ARE CAPPED WITH YELLOW PLASTIC CAPS"R.S.C.I. RPLS 5034." SURVEYOR'S CERTIFICATE I, Harold D. Fetty, III, Registered Professional Land Surveyor No. 5034, do hereby certify that the above plat of the property surveyed for LANDAMERICA COMMONWEALTH TITLE COMPANY and STONE STREET PROPERTIES, LP., at 7940 E. PARKER ROAD,WYLIE, Collin County, Texas, is the result of a careful collection of the best evidence available to me and my opinion is based on the facts as found at the time of survey. This survey meets the requirements of the Minimum Standards of Practice as approved and published by the Texas Board of Professional Land Surveying, effective September 1, 1992 and subsequent revisions, and the same was surveyed under my supervision on the ground this the 29th day of November, 2006. PEE OF 7- SYMBOL LEGEND 74. y• Q`tp ERFO S O GAS TEL pH PP • TELEVISION GAS PHONE FIRE POWER • • CABLE RISER METER RISER HYDRANT POLE HAROLD D.FETTY III E•C TU EECR v2'IRF / •1 ELECTRIC BOX METER IRO(CORNER I • Al, 5034 v• METER SUBSURFACE �'7 • .150p 5 p • JUNCTION BOX lJ LIGHT H rbld D. Fe III, P.L.S. No.5034 •. o,� �o ,• A/C 9 E• oQ FENCE Aq can. 's•-•& HO OPME S URV�A WT TN" PROPER _S F._ 'JO- (SURVEC DATE 11D91393131 29. 20061 11111111 1111l 020 01,29,10 PM AG 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 RE:►L 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"). WyIie 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, "Buildings 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 2S37901 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 i jwylietexas,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: rpittmanfwabernathi,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 2E37401 l0. 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. l 1. 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 ofthe 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 2137901 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 2637901 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:. L1LzO Chris Hoisted, City Manager Date; - ZS • Zo Attested to by: JALPIVAMAI gketiAL 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 FFICE this C day of Alk s-4 ?PO. Or NOIYIINK gi� Notary Public, State of Texas STATE OFTEXAS My Commission Expires: I /2-2-- Jt]#13144212-5�qF My Comm Expires 02.08-2022 Development Agreement—Stone Street Building Materials Standards Page 10 of 13 283790 i Stone Street Properties, LP, a Texas resident By �,� ,- Dwayne Clark Manager of Rushford Property Management, LLC Date: i 27ho Za STATE OF TEXAS § COUNTY OF Collis') § BEFORE ME, the undersigned authority, on this day personally appeared Dwayne Clark, 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. gl IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day of , 2020. (3- 1,,omit ---- Notary Public, State of Texas My Commission Expires:_ v CHRISTII=OSTER + �i +� NOTARY PUBLIC (* jc A STATE OF TEXAS " rg ID#12482082-9 ��`��} My Comm Expires 07-17.2023 Development Agreement-Stone Street Building Materials Standards Page 11 of 13 2 83?,4:I Exhibit A-1 Legal Description of Stone Street DESCRIPTION All that certain lot,tract or parcel of land situated in the L M.MARSHALL SURVEY,ABSTRACT NO.594, Collin County,Texas,and being all of a 1.00 acres tract as described in a Warranty deed from Associates First Cap'tal Corporation to Stone Street Properties,dated March 25,2005 and being recorded in Volume 5888,Page 3339 of the Offic+al Public Records of Collin County.Texas ,and being more particularly described as follows: BEGINNING at a 1/2"iron rod with yellow plastic cap stamped"R.S,C.I. RPLS 5034'set for corner I the South right-of-way line of East Parker Road F.M Highway 2514.at the Northwest corner of said 1.00 acres tract and also being the Northeast corner of a 0.908 acres tract as described in a Special Warranty deed to Kurt Men Strange.as recorded in Volume 5093, Page 5104 of the Land Records of Collin County, Texas; THENCE S 89 deg.42 min.23 sec. E along said right-of-way line.a distance of 223.00 feet to a 3/4" .ron rod found for corner at the Northeast corner of said 1 00 acres tract and being at the Northwest corner of a 2.075 acres tract as descnbed in a Warranty deed to Michael C.Benner and Sharon K. Benner,as recorded in Volume 3012. Page 012 of the Land Records of Collin County, Texas; THENCE S. 17 deg. 35 min.00 sec.W.(Controlling beanng line)along the East i;ne of said 1.00 acres tract,a distance of'245.49 feet to a 3/4"iron rod found for corner; THENCE N 89 deg.24 min. 19 sec.W along the South line of said 1.00 acres tract,a distance of 149.03 feet to a 3/4"iron rod found for corner; THENCE N.00 deg.02 min.51 sec. E.a distance of 233 62 feet to the POINT OF BEGINNING and containing 1.00 acres of land. 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 Filed and Recorded Official Public Records Stacey Ramp, County Clerk Collin County, TEXAS 08127/2020 01:29:10 PIS 579 40 NPRECELLA 24200827001423380 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8,2020 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 28,2020 Exhibits: 5 Subject 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 401 N. Keefer,Lot 75R,Block 12 of the Brown&Burns Addition within the Downtown Historic District. Recommendation Motion to approve a request for substantial renovations in accordance with Ordinance No. 2013-17 for the remodel of an existing residential structure, located at 401 N. Keefer, Lot 75R, Block 12 of the Brown & Burns Addition within the Downtown Historic District. Discussion Owner: Thomas Sproul On April 23,2020,the HRC recommended approval,and on May 12,2020, City Council approved substantial renovations to include maintaining the east facing window to keep in character with the Craftsman style home. The Owner/Applicant is now submitting for consideration modifications to the previously approved plans. The new plans indicate removal of the existing roof and rafter system and replacement with a new 8:12 slope roof, the addition of a garage with roof slope to match the main structure.The garage placement does not completely fall behind the rear edge of the main structure as required by Section 6.3.E.4.(b).(3). This is due to the odd shape of the lot and the existing main structure being setback further from the front build line.To maintain the 8:12 roof slope to match the house,the garage is 16' at its highest point, in lieu of the 14' max requirement for most accessory structures. The garage does meet the rear &side setback requirements. Existing siding will remain. If repair is necessary,the replacement will be equivalent matching material. COMMISSIONER DISCUSSION: The Commissioners noted that the height of the garage would not exceed the height of the main structure,therefore had no issues. The Commissioners voted 6-0 to recommend approval. Page 1 of 1 :DS, V° SKE 3 BZ0 B. 0. S AukuVLIAgSTA 1`Z 1/2" IRON N 89'45'02" E 256.39' ROD FOUND 134.26' 5/8" IRON END OF OLD ROD SET WITH CAP WIRE FENCE m LOT 74R Q LA BLOCK 12 s? *'_ 0.263 ACRES a LL. 0 i I MELVIN C. ASHENDEN AND LL1 ' WIFE, JANET K. ASHENDEN 0 O en COUNTY CLERK FILE NO. 99-0004645 ZONE X w 5/81 IRON REAL PROPERTY RECORDS, COLLIN 4 ‹CROD SET COUNTY, TEXAS �' 0 m WITH I CAP "- 3 LLiQ rn I N 90'00'0O" E 111I.15' 5/8 IRON Y CC a ROD SET Mi a WITH CAP 14 [er = Q iv CARDBL ..20'x2G'; , , °••, -, ,; :. , - CV I GARAGE .• ".' •�•// k' +1 LI . . LLi . ' • O 1-24'— J 20' 51r 56' Ct 0 LOT 75R n Cl..v BLOCK 12 *: I 0.229 ACRES = a' Z EXIST SGL STORY 0 tr — RESD STRUCTURE D_ — x END OF OLD LLI +WIRE FENCE 5A8" IRON CONCRETE R D SET WITH CAP 102.12' 3/8" IRON ROD FOUND f N 90'00'00" W 230.52' i.LOT 75R POINT OF (REFERENCE BEARING) CLEANOUT BEGINNING SITE NOTES: 1 . GARAGE FOUNDATION, CONC DRIVE, & PAD: 6" THK 3,600 PSI 6—SACK CONCRETE, REINFORCED WITH #3'S © 18" 0.C. EA WAY, TIE EVERY INTERSECTION. 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NEW SIDING SHALL BE A FIBER CEMENT PRODUCT INSTALLED TO REFLECT THE APPEARANCE OF THE ORIGINAL RESIDENCE SIDING. 2. NEW ROOF SHALL BE COMPRISED OF MIN " OSB & 30LB FELT OR EOUIV SYNTHETIC UNDERLAYMENT. 3. NEW GARAGE ROOF SHALL BE AN 8:12 SLOPE. 4. REPAIR AS NECESSARY TO ENSURE STRUCTURAL INTEGRITY. 5. EXTERIOR COLORS ARE SELECTED FROM THE SHERWIN WILLIAMS HISTORIC PALLET. BODY: SW2805 RENWICK BEIGE TRIM 1: SW2807 ROOKWOOD MED BROWN TRIM 2 (ACCENT): SW2802 ROOKWOOD RED m o N �$ � SPROULL RESIDENCE=, B ETTER DESIGN RESOURCES r 9 m PI g 401 N.KEEFER,CITY OF WYLIE, P.O. BOX 1454, ME, TEXAS 75098 F„a c - 214-773-8480 WWW.BsU rees.corn COLLIN COUNTY,TEXAS 75098 °tomnResou O < warm•OE701•COOT ONO woo!•CONSTNUcnal NWT 7 fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8,2020 Item Number: E Department: Public Works (City Secretary's Use Only) Prepared By: Tim Porter Account Code: Date Prepared: 8/31/2020 Exhibits: Subject Consider, and act upon, Resolution No. 2020-49(R) supporting the Texas Department of Transportation's proposed schematic layout of FM 544 and Country Club Road intersection improvements,in the City of Wylie; and providing for an effective date. Recommendation Motion to approve Resolution No. 2020-49(R) supporting the Texas Department of Transportation's proposed schematic layout of FM 544 and Country Club Road intersection improvements, in the City of Wylie; and providing for an effective date. Discussion In August 2019 the Texas Department of Transportation(TxDOT)began working on a design for FM 544 and County Club Road intersection improvements. Improvements to the intersection are needed to improve traffic flow through the intersection,roadway capacity and safety. TxDOT submitted 30% design plans to the city for review and comments. As a part of the proposed improvements one of the FM 544 westbound median openings into the Kroger Shopping Center is shown to be closed and the Woodbridge Parkway southbound median opening into Wylie High School is shown to be closed. Both closures will increase safety and turn lane stacking as a part of the intersection improvements. Staff recommends approval of the Resolution in general support of the TxDOT intersection improvements as reflected in the exhibits,including the closing of outlined median openings. Page 1 of 1 RESOLUTION NO. 2020-49(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, SUPPORTING THE TEXAS DEPARTMENT OF TRANSPORTATION'S PROPOSED SCHEMATIC LAYOUT OF FM 544 AND COUNTRY CLUB ROAD INTERSECTION IMPROVEMENTS, IN THE CITY OF WYLIE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation ("TxDOT") is proposing to improve the intersection at FM 544 and Country Club Road in the City of Wylie, Texas ("Wylie"); and WHEREAS, the project will improve traffic flow and roadway capacity of the intersection at FM 544 and Country Club Road in Wylie; and WHEREAS, Wylie citizens and businesses will benefit from the proposed intersection improvements at FM 544 and Country Club Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Project Support. The City Council hereby generally supports the subject TxDOT intersection improvements as reflected in Exhibit A, including the closing of outlined median openings on both East Farm to Market Road 544 and Woodbridge Parkway in Wylie. SECTION 3: Effective Date. This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on the 8th day of September, 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Resolution No.2020-49(R)Supporting TxDOT's Proposed Schematic of Intersection Improvements at FM 544&Country Club Road Page 1 of 1 ......,, . :.„ ,. ..._,. . ... . „.. _ . , _ , ,,_.,..._.,,,,......... ,.. , . :_,.,...... It. •l'-'. ' 4 .e s,...„.1 iiii . • . - ,.1. 4 ' . . . ,n L•-ve,• ',:•41 • . 1.0,-,- :,1*e.•• *:,;.f 4 4. • -. .1-. .? . ...,...-. qiil ,,,-,„f lc, . ' r ma. 1.• ,ill:: . • ••/' . . •'.•.•• 4 •. .; .•ir I _ / 6', Y 4:•4 if - . ••,:44. I... c, . 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A* ,mac J'7, c o 0,Q 4 5%L a (a )to^if.,-„L tars,CC-G' -SA • iy • - b ' IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8,2020 Item Number: 1 Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: August 25,2020 Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2020-50(R) approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex DIVISION regarding the company's 2020 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory liability; requiring the company to reimburse ACSC's reasonable ratemaking expenses; determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act. Recommendation Motion to approve Resolution No. 2020-50(R) approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex DIVISION regarding the company's 2020 rate review mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory liability; requiring the company to reimburse ACSC's reasonable ratemaking expenses; determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act. Discussion The City, along with 171 other Mid-Texas cities served by Atmos Energy Corporation, Mid-Tex Division ("Atmos Mid- Tex" or"Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). In 2007, ACSC and Atmos Mid- Tex settled a rate application filed by the Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability Infrastructure Program legislation). That settlement created a substitute rate review process,referred to as Rate Review Mechanism("RRM"), as a substitute for future filings under the GRIP statute. Since 2007,there have been several modifications to the original RRM Tariff. The most recent iteration of an RRM Tariff was reflected in an ordinance adopted by ACSC members in 2018. On or about March 31, 2020,the Company filed a rate request pursuant to the RRM Tariff adopted by ACSC members. The Company claimed that its cost-of-service in a test year ending December 31, 2019, entitled it to additional system-wide revenues of $141.2 million. Application of the standards set forth in ACSC's RRM Tariff required Atmos to reduce its request to $136.3 million, $98.7 million of which Page 1 of 1 Page 2 of 3 would be applicable to ACSC members. ACSC's consultants concluded that the system-wide deficiency under the RRM regime should be $111.5 million instead of the claimed $136.3 million. The amount of the $111.5 million deficiency applicable to ACSC members would be $80.8 million. After the Company reviewed ACSC's consultants' report, ACSC's Executive Committee and the Company negotiated a settlement whereby the Company would receive an increase of $90 million from ACSC Cities, but with a two-month delay in the Effective Date until December 1, 2020. This should save ratepayers approximately $9 million such that the case is functionally equivalent to ACSC's consultants' recommendation of$80.8 million. The Executive Committee recommends a settlement at $90 million. The Effective Date for new rates is December 1, 2020. ACSC members should take action approving the Resolution before November 1,2020. PROOF OF REVENUES Atmos generated proof that the rate tariffs attached to the Resolution will generate $90 million in additional revenues from ACSC Cities. That proof is attached as Attachment 1 to this Staff Report. ACSC consultants have agreed that Atmos' Proof of Revenues is accurate. BILL IMPACT The impact of the settlement on average residential rates is an increase of$5.15 on a monthly basis, or 9.9 percent. The increase for average commercial usage will be $15.48 or 6.56 percent. A bill impact comparison is attached as Attachment 2. SUMMARY OF ACSC'S OBJECTION TO THE UTILITIES CODE SECTION 104.301 GRIP PROCESS ACSC strongly opposed the GRIP process because it constitutes piecemeal ratemaking by ignoring declining expenses and increasing revenues while rewarding the Company for increasing capital investment on an annual basis. The GRIP process does not allow any review of the reasonableness of capital investment and does not allow cities to participate in the Railroad Commission's review of annual GRIP filings or allow recovery of Cities' rate case expenses. The Railroad Commission undertakes a mere administrative review of GRIP filings (instead of a full hearing) and rate increases go into effect without any material adjustments. In ACSC's view, the GRIP process unfairly raises customers' rates without any regulatory oversight. In contrast, the RRM process has allowed for a more comprehensive rate review and annual evaluation of expenses and revenues, as well as capital investment. RRM SAVINGS OVER GRIP While residents outside municipal limits must pay rates governed by GRIP, there are some cities served by Atmos Mid- Tex that chose to remain under GRIP rather than adopt RRM.Additionally,the City of Dallas adopted a variation of RRM which is referred to as DARR. When new rates become effective on December 1, 2020, ACSC residents will maintain a slight economic monthly advantage over GRIP and DARR rates. See Attachment 3. EXPLANATION OF"BE IT RESOLVED"PARAGRAPHS: 1. This section approves all findings in the Resolution. 2. This section adopts the RRM rate tariffs and finds the adoption of the new rates to be just,reasonable, and in the public interest. 3. This section makes it clear that Cities may challenge future costs associated with gas leaks like the explosion in North Dallas or the evacuation in Georgetown. 4. This section finds that existing rates are unreasonable. Such finding is a necessary predicate to establishment of new rates. The new tariffs will peiiiiit Atmos Mid-Tex to recover an additional $90 million from ACSC Cities. 5. This section approves an exhibit that establishes a benchmark for pensions and retiree medical benefits to be used in future rate cases or RRM filings. 6. This section approves an exhibit to be used in future rate cases or RRM filings regarding recovery of regulatory liabilities, such as excess deferred income taxes. 7. This section requires the Company to reimburse the City for expenses associated with review of the RRM filing, settlement discussions, and adoption of the Resolution approving new rate tariffs. 8. This section repeals any resolution or ordinance that is inconsistent with the Resolution. Page 3 of 3 9. This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code,Chapter 551. 10. This section is a savings clause, which provides that if any section is later found to be unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining provisions of this Resolution. This section further directs that the remaining provisions of the Resolution are to be interpreted as if the offending section or clause never existed. 11. This section provides for an effective date upon passage. December 1, 2020 represents a two-month delay in the Effective Date established by the RRM tariff. 12. This section directs that a copy of the signed Resolution be sent to a representative of the Company and legal counsel for ACSC. CONCLUSION The Legislature's GRIP process allowed gas utilities to receive annual rate increases associated with capital investments. The RRM process has proven to result in a more efficient and less costly (both from a consumer rate impact perspective and from a ratemaking perspective) than the GRIP process. Given Atmos Mid-Tex's claim that its historic cost of service should entitle it to recover $141.2 million in additional system-wide revenues, the RRM settlement at $90 million for ACSC Cities reflects substantial savings to ACSC Cities. ACSC's consultants produced a report indicating that Atmos had justified increased revenues for ACSC Cities of at least $81 million. Settlement at $90 million (equivalent to $81 million with a two-month delay) is fair and reasonable. The ACSC Executive Committee consisting of city employees of 18 ACSC members urges all ACSC members to pass the Resolution before November 1, 2020. New rates become effective December 1,2020. Attachment 1 to Model Staff Report 2020 RRM Proof of Revenues ATMOS ENERGY CORP., MID-TEX DIVISION RRM CITIES RATE REVIEW MECHANISM PROOF OF REVENUES -RRM CITIES TEST YEAR ENDING DECEMBER 31,2019 Current Proposed Line No. Customer Class Current Proposed Bills Ccf/MmBtu Revenues Revenues Increase (a) (b) (c) (d) (e) (f) (g) (h) 1 Residential 2 Customer Charge $ 19.55 $ 20.25 13,644,834 $ 266,756,505 $ 276,307,889 3 Consumption Charge 0.17423 0.26651 608,491,998 106,017,561 162,169,202 4 Revenue Related Taxes 26,692,882 31,397,617 5 Total Class Revenue $ 399,466,948 $ 469,874,708 $ 70,407,760 6 7 Commercial 8 Customer Charge $ 46.50 $ 54.50 1,115,081 $ 51,851,267 $ 60,771,915 9 Consumption Charge 0.09924 0.11728 398,510,866 39,548,218 46,737,354 10 Revenue Related Taxes 6,544,757 7,698,315 11 Total Class Revenue $ 97,944,242 $ 115,207,584 $ 17,263,342 12 13 Industrial&Transportation 14 Customer Charge $ 845.50 $ 1,014.50 7,272 $ 6,148,476 $ 7,377,444 15 Consumption Charge Tier 1 $ 0.3572 $ 0.4157 7,769,155 2,775,142 3,229,638 16 Consumption Charge Tier 2 $ 0.2616 $ 0.3044 8,666,094 2,267,050 2,637,959 17 Consumption Charge Tier 3 $ 0.0561 $ 0.0653 13,696,172 768,355 894,360 18 Revenue Related Taxes 856,339 1,012,467 19 Total Class Revenue $ 12,815,362 $ 15,151,868 $ 2,336,505 20 21 Total Excluding Other Revenue $ 510,226,552 $ 600,234,159 $ 90,007,608 22 23 24 Revenue Related Tax Factor 7.1606% Attachment 2 to 2020 RRM Staff Report Bill Impact ATMOS ENERGY CORP.,MID-TEX DIVISION AVERAGE BILL COMPARISON-BASE RATES TEST YEAR ENDING DECEMBER 31,2019 Line No. 1 Rate R(off 44.5 Ccf Current Proposed Change 2 Customer charge $ 19.55 3 Consumption charge 44.5 CCF X $ 0.17423 = 7.75 4 Rider GCR Part A 44.5 CCF X $ 0.17750 = 7.90 5 Rider GCR Part B 44.5 CCF X $ 0.29953 = 13.33 6 Subtotal $ 48.53 7 Rider FF&Rider TAX $ 48.53 X 0.07161 = 3.48 8 Total $ 52.01 9 10 Customer charge $ 20.25 11 Consumption charge 44.5 CCF X $ 0.26651 = 11.86 12 Rider GCR Part A 44.5 CCF X $ 0.17750 = 7.90 13 Rider GCR Part B 44.5 CCF X $ 0.29953 = 13.33 14 Subtotal $ 53.34 15 Rider FF &Rider TAX $ 53.34 X 0.07161 = 3.82 16 Total $ 57.16 $ 5.15 17 9.90% 18 19 Rate C 0 357.4 Ccf Current Proposed Change 20 Customer charge $ 46.50 21 Consumption charge 357.4 CCF X $ 0.09924 = 35.47 22 Rider GCR Part A 357.4 CCF X $ 0.17750 = 63.44 23 Rider GCR Part B 357.4 CCF X $ 0.20954 = 74.89 24 Subtotal $ 220.30 25 Rider FF&Rider TAX $ 220.30 X 0.07161 = 15.77 26 Total $ 236.07 27 28 Customer charge $ 54.50 29 Consumption charge 357.4 CCF X $ 0.11728 = 41.91 30 Rider GCR Part A 357.4 CCF X $ 0.17750 = 63.44 31 Rider GCR Part B 357.4 CCF X $ 0.20954 = 74.89 32 Subtotal $ 234.74 33 Rider FF &Rider TAX $ 234.74 X 0.07161 = 16.81 34 Total $ 251.55 $ 15.48 35 6.56% 36 Rate I Cad 4143 MMBTU Current Proposed Change 37 Customer charge $ 845.50 38 Consumption charge 1,500 MMBTU X $ 0.3572 = 535.80 39 Consumption charge 2,643 MMBTU X $ 0.2616 = 691.54 40 Consumption charge 0 MMBTU X $ 0.0561 = - 41 Rider GCR Part A 4,143 MMBTU X $ 1.7334 = 7,182.31 42 Rider GCR Part B 4,143 MMBTU X $ 0.4531 = 1,877.54 43 Subtotal $ 11,132.69 44 Rider FF&Rider TAX $ 11,132.69 X 0.07161 = 797.17 45 Total $ 11,929.86 46 47 Customer charge $ 1,014.50 48 Consumption charge 1,500 MMBTU X $ 0.4157 = 623.55 49 Consumption charge 2,643 MMBTU X $ 0.3044 = 804.68 50 Consumption charge 0 MMBTU X $ 0.0653 = - 51 Rider GCR Part A 4,143 MMBTU X $ 1.7334 = 7,182.31 52 Rider GCR Part B 4,143 MMBTU X $ 0.4531 = 1,877.54 53 Subtotal $ 11,502.58 54 Rider FF&Rider TAX $ 11,502.58 X 0.07161 = 823.65 55 Total $ 12,326.23 $ 396.37 56 3.32% 57 Rate T a 4143 MMBTU Current Proposed Change 58 Customer charge $ 845.50 59 Consumption charge 1,500 MMBTU X $ 0.3572 = 535.80 60 Consumption charge 2,643 MMBTU X $ 0.2616 = 691.54 61 Consumption charge 0 MMBTU X $ 0.0561 = - 62 Rider GCR Part B 4,143 MMBTU X $ 0.4531 = 1,877.54 63 Subtotal $ 3,950.38 64 Rider FF&Rider TAX $ 3,950.38 X 0.07161 = 282.87 65 Total $ 4,233.25 66 67 Customer charge $ 1,014.50 68 Consumption charge 1,500 MMBTU X $ 0.4157 = 623.55 69 Consumption charge 2,643 MMBTU X $ 0.3044 = 804.68 70 Consumption charge 0 MMBTU X $ 0.0653 = - 71 Rider GCR Part B 4,143 MMBTU X $ 0.4531 = 1,877.54 72 Subtotal $ 4,320.27 73 Rider FF&Rider TAX $ 4,320.27 X 0.07161 = 309.36 74 Total $ 4,629.63 $ 396.38 75 9.36% Attachment 3 to 2020 RRM Staff Report RRM Monthly Savings Over GRIP and DARR Rates ATMOS ENERGY CORP., MID-TEX DIVISION RESIDENTIAL AVERAGE RATE COMPARISON TEST YEAR ENDING DECEMBER 31, 2019 ACSC DARR ATM Environs Settled Filing Filing Filing Cust Charge $20.25 $23.75 $26.40 $24.60 Monthly Ccf 44.5 44.5 44.5 44.5 Cons Charge $0.26651 $0.19336 $0.14846 $0.18653 Average Mo Bill $32.11 $32.35 $33.01 $32.90 -$0.90 -$0.79 RESOLUTION NO. 2020-50(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE("ACSC")AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2020 RATE REVIEW MECHANISM FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC'S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND THE ACSC'S LEGAL COUNSEL. WHEREAS, the City of Wylie, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates, charges, and services of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC"), a coalition of similarly-situated cities served by Atmos Mid-Tex ("ACSC Cities") that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program ("GRIP") process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, the current RRM tariff was adopted by the City in a rate ordinance in 2018; and WHEREAS, on about March 31, 2020, Atmos Mid-Tex filed its 2020 RRM rate request with ACSC Cities based on a test year ending December 31, 2019; and Resolution No.2020-50(R)-Approving A NEGOTIATED Settlement Between the Atmos Cities Steering Committee ("ACSC") And ATMOS ENERGY CORP., Mid-Tex DIVISION Regarding the Company's 2020 Rate Review Mechanism Filing WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2020 RRM filing through its Executive Committee, assisted by ACSC's attorneys and consultants, to resolve issues identified in the Company's RRM filing; and WHEREAS, the Executive Committee, as well as ACSC's counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of$90 million applicable to ACSC Cities with an Effective Date of December 1, 2020; and WHEREAS, ACSC agrees that Atmos plant-in-service is reasonable; and WHEREAS, with the exception of approved plant-in-service, ACSC is not foreclosed from future reasonableness evaluation of costs associated with incidents related to gas leaks; and WHEREAS, the two-month delayed Effective Date from October 1 to December 1 will save ACSC ratepayers approximately $9 million off new rates imposed by the attached tariffs (Exhibit A), the impact on ratepayers should approximate the reasonable value of the rate filing found by the ACSC Consultants' Report, which was $81 million; and WHEREAS, the attached tariffs (Exhibit A) implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and WHEREAS, the settlement agreement sets a new benchmark for pensions and retiree medical benefits (Exhibit B); and WHEREAS,the settlement agreement establishes an amortization schedule for regulatory liability prepared by Atmos Mid-Tex (Exhibit C); and WHEREAS, the RRM Tariff contemplates reimbursement of ACSC's reasonable expenses associated with RRM applications; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the findings set forth in this Resolution are hereby in all things approved. Section 2. That, without prejudice to future litigation of any issue identified by ACSC, the City Council finds that the settled amount of an increase in revenues of$90 million for ACSC Cities represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex's 2020 RRM filing, is in the public interest, and is consistent with the City's authority under Section 103.001 of the Texas Utilities Code. Section 3. That despite finding Atmos Mid-Tex's plant-in-service to be reasonable,ACSC is not foreclosed in future cases from evaluating the reasonableness of costs associated with incidents involving leaks of natural gas. Resolution No.2020-50(R)-Approving A NEGOTIATED Settlement Between the Atmos Cities Steering Committee ("ACSC") And ATMOS ENERGY CORP., Mid-Tex DIVISION Regarding the Company's 2020 Rate Review Mechanism Filing Section 4. That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Exhibit A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $90 million from customers in ACSC Cities, over the amount allowed under currently approved rates. Such tariffs are hereby adopted. Section 5. That the ratemaking treatment for pensions and retiree medical benefits in Atmos Mid-Tex's next RRM filing shall be as set forth on Exhibit B, attached hereto and incorporated herein. Section 6. That subject to any future settlement or decision regarding the balance of Excess Deferred Income Tax to be refunded to ratepayers, the amortization of regulatory liability shall be consistent with the schedule found in Exhibit C, attached hereto and incorporated herein. Section 7. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company's 2020 RRM filing. Section 8. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Resolution, it is hereby repealed. Section 9. That the meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 10. That if any one or more sections or clauses of this Resolution is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, and the remaining provisions of the Resolution shall be interpreted as if the offending section or clause never existed. Section 11. That consistent with the City Ordinance that established the RRM process, this Resolution shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after December 1, 2020. Section 12. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. Resolution No.2020-50(R)-Approving A NEGOTIATED Settlement Between the Atmos Cities Steering Committee ("ACSC") And ATMOS ENERGY CORP., Mid-Tex DIVISION Regarding the Company's 2020 Rate Review Mechanism Filing DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, BY A VOTE OF TO , ON THIS THE 8TH DAY OF SEPTEMBER 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Resolution No.2020-50(R)-Approving A NEGOTIATED Settlement Between the Atmos Cities Steering Committee ("ACSC") And ATMOS ENERGY CORP., Mid-Tex DIVISION Regarding the Company's 2020 Rate Review Mechanism Filing Exhibit A to 2020 RRM Resolution or Ordinance Mid-Tex Tariffs Effective December 1, 2020 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: R- RESIDENTIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2020 PAGE: Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 20.25 per month Rider CEE Surcharge $ 0.05 per month' Total Customer Charge $ 20.30 per month Commodity Charge—All Ccf $0.26651 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. 'Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2020. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: C—COMMERCIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2020 PAGE: Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 54.50 per month Rider CEE Surcharge $ 0.02 per month' Total Customer Charge $ 54.52 per month Commodity Charge—All Ccf $ 0.11728 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part(b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. ' Reference Rider CEE-Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1,2020. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I—INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2020 PAGE: Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,014.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.4157 per MMBtu Next 3,500 MMBtu $ 0.3044 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0653 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part(a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I— INDUSTRIAL SALES APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2020 PAGE: Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2020 PAGE: Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 1,014.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.4157 per MMBtu Next 3,500 MMBtu $ 0.3044 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0653 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part(b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of(i) $0.10 per MMBtu, or(ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T—TRANSPORTATION APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2020 PAGE: Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2020 PAGE: Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi = Ri (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi = heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNAi = WNAF; x q;1 Where q;j is the relevant sales quantity for the jth customer in ith rate schedule. MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER: WNA—WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF EFFECTIVE DATE: Bills Rendered on or after 12/01/2020 PAGE: Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 10.73 0.1545 94.79 0.7284 Austin 9.53 0.1489 211.76 0.9405 Dallas 15.77 0.1792 199.74 0.9385 Waco 9.99 0.1341 145.27 0.7110 Wichita 11.61 0.1402 120.34 0.5747 Falls Weather Normalization Adjustment(WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Exhibit B to 2020 RRM Resolution or Ordinance Mid-Tex 2020 Benchmark for Pensions and Retiree Benefits ATMOS ENERGY CORP.,MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31,2019 Shared Services Mid-Tex Direct Post- Supplemental Post- Line Pension Employment Pension Executive Benefit Employment Adjustment No. Description Account Plan Benefit Plan Account Plan Plan Benefit Plan Total (a) (b) (c) (d) (e) (f) (g) Proposed Benefits Benchmark-Fiscal Year 2020 Willis Towers 1 Watson Report as adjusted(1)(2)(3) $ 3,460,135 $ 3,695,384 $ 6,132,704 $ 280,578 $ 4,992,449 2 Allocation to Mid-Tex 43.29% 43.29% 76.59% 100.00% 76.59% Proposed Benefits Benchmark Costs Allocated to Mid-Tex(Ln 1 x Ln 3 2) $ 1,497,774 $ 1,599,605 $ 4,697,072 $ 280,578 $ 3,823,744 4 O&M and Capital Allocation Factor 100.00% 100.00% 100.00% 100.00% 100.00% 5 Proposed Benefits Benchmark Costs to Approve(Ln 3 x Ln 4)(3) $ 1,497,774 $ 1,599,605 $ 4,697,072 $ 280,578 $ 3,823,744 $ 11,898,774 6 7 8 Summary of Costs to Approve(1): 9 10 O&M Expense Factor(WP_F-2.3, Ln 2) 79.55% 79.55% 37.83% 11.67% 37.83% 11 12 13 Total Pension Account Plan $ 1,191,410 $ 1,777,056 $ 2,968,466 14 Total Post-Employment Benefit Plan $ 1,272,412 $ 1,446,647 2,719,060 15 Total Supplemental Executive Benefit Plan $ 32,754 32,754 16 Total(Ln 13+Ln 14+Ln 15) $ 1,191,410 $ 1,272,412 $ 1,777,056 $ 32,754 $ 1,446,647 $ 5,720,280 17 18 Notes: 19 1. Studies not applicable to Mid-Tex or Shared Services are omitted. 20 2.Mid-Tex is proposing that the Fiscal Year 2020 Willis Towers Watson actuarial amounts shown on WP_F-2.3 and WP_F-2.3.1,be approved by the RRM Cities as the 21 benchmark amounts to be used to calculate the regulatory asset or liability for future periods. The benchmark amount approved by the RRM Cities for future periods 22 includes only the expense amount. The amount attributable to capital is recorded to utility plant through the overhead process as described in the CAM. 23 3. SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes. Exhibit C to 2020 RRM Resolution or Ordinance Mid-Tex 2020 Schedule for Amortization for Regulatory Liability ATMOS ENERGY CORP., MID-TEX DIVISION RATE BASE ADJUSTMENTS TEST YEAR ENDING DECEMBER 31, 2019 AMORTIZATION OF REGULATORY LIABILITY Beginning of Year End of Year Rate Base Rate Base Corrected Balance Line Year Ended Adjustment Annual Adjustment for December 31, No. Dec. 31 Amount Amortization (1) Amount(2) 2017 (3) (a) (b) (c) (d) (e) 1 2017 $ - $ 292,268,881 $ 292,268,881 2 2018 292,268,881 12,075,562 280,193,319 3 2019 280,193,319 12,085,165 268,108,155 4 2020 268,108,155 11,171,173 256,936,982 5 2021 256,936,982 11,171,173 245,765,809 6 2022 245,765,809 11,171,173 234,594,635 7 2023 234,594,635 11,171,173 223,423,462 8 2024 223,423,462 11,171,173 212,252,289 9 2025 212,252,289 11,171,173 201,081,116 10 2026 201,081,116 11,171,173 189,909,943 11 2027 189,909,943 11,171,173 178,738,770 12 2028 178,738,770 11,171,173 167,567,597 13 2029 167,567,597 11,171,173 156,396,424 14 2030 156,396,424 11,171,173 145,225,251 15 2031 145,225,251 11,171,173 134,054,077 16 2032 134,054,077 11,171,173 122,882,904 17 2033 122,882,904 11,171,173 111,711,731 18 2034 111,711,731 11,171,173 100,540,558 19 2035 100,540,558 11,171,173 89,369,385 20 2036 89,369,385 11,171,173 78,198,212 21 2037 78,198,212 11,171,173 67,027,039 22 2038 67,027,039 11,171,173 55,855,866 23 2039 55,855,866 11,171,173 44,684,692 24 2040 44,684,692 11,171,173 33,513,519 25 2041 33,513,519 11,171,173 22,342,346 26 2042 22,342,346 11,171,173 11,171,173 27 2043 11,171,173 11,171,173 (0) 28 29 Revenue Related Tax Factor 7.16% See WP_F-5.1 Revenue Related Taxes on Annual Amortization *Tax 30 Amortization $ 799,924 Factor 31 Amortization Including Revenue $ 11,971,097 Amortization +Taxes 32 33 Notes: 34 1. The annual amortization of a 26 year recovery period is based on the 35 Reverse South Georgia Method. 36 2. The Regulatory Liability is recorded to FERC Account 253, Sub Account 27909. 37 3. This is the final Mid-Tex liability balance filing the Fiscal Year 2018 tax return. IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8,2020 Item Number: 2 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Proposed Ordinance,Ordinance Date Prepared: August 31, 2020 Exhibits: No. 2014-02, & Sign Location Subject Consider, and act upon, Ordinance No. 2020-47 amending Chapter 74 (Offenses and Miscellaneous Provisions),Article X (Electioneering at Polling Locations) of the City of Wylie Code of Ordinances, Ordinance No. 2005-07, as amended; modifying certain regulations relating to electioneering on public premises used as a polling place. Recommendation Motion to approve Ordinance No. 2020-47 amending Chapter 74 (Offenses and Miscellaneous Provisions), Article X (Electioneering at Polling Locations) of the City of Wylie Code of Ordinances, Ordinance No. 2005-07, as amended; modifying certain regulations relating to electioneering on public premises used as a polling place. Discussion Sections 61.003 and 85.036 of the Texas Election Code authorizes the City Council to enact reasonable regulations concerning the time, place and manner of electioneering on public premises used as a polling place in the City of Wylie. Polling places include public facilities that are simultaneously used for various other purposes and for which adequate and safe parking and access must be maintained for those facilities to operate in a safe and effective manner. On January 14, 2014 the City Council passed Ordinance No. 2014-02 in accordance with House Bill 259, modifying the Texas Election Code and requiring a public entity that controls or owns a building used as a polling place, to allow electioneering on the premises subject to reasonable regulations. The proposed changes include: • allow electioneering signs or literature on public property that is a polling place beginning 24 hours before the voting period begins and ending 24 hours after the voting period ends; • allow electioneering signs or literature within ten feet of the public road way adjacent to the public property where a polling place is located; and • allows for the placement of a tent 30 minutes before and after the voting period each day, not to exceed 10x10 in size, and on a first-come, first-serve basis when space is available. With the November election being held at the Senior Recreation Center, the areas marked in red on the attached map are the designated authorized locations,outside of the 100-foot electioneering marker, for electioneering signs and literature. Page 1 of 1 ORDINANCE NO. 2020-47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,AMENDING CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE X (ELECTIONEERING AT POLLING LOCATIONS) OF THE CITY OF WYLIE CODE OF ORDINANCES, ORDINANCE NO. 2005-07, AS AMENDED; MODIFYING CERTAIN REGULATIONS RELATING TO ELECTIONEERING ON PUBLIC PREMISES USED AS A POLLING PLACE; PROVIDING FOR REPEALING, PENALTY, SAVINGS AND SEVERABILITY CLAUSES AND AN EFFECTIVE DATE. WHEREAS, Sections 61.003 and 85.036 of the Texas Election Code authorizes the City Council of the City of Wylie, Texas ("City Council") to enact reasonable regulations concerning the time,place and manner of electioneering on public premises used as a polling place in the City of Wylie, Texas ("Wylie"); and WHEREAS, polling places include public facilities that are simultaneously used for various other purposes and for which adequate and safe parking and access must be maintained for those facilities to operate in a safe and effective manner; and WHEREAS, the City Council amended the Wylie Code of Ordinances, Ordinance No. 2005-07, as amended("Code of Ordinances")to enact such reasonable regulations in 2014; and WHEREAS, the City Council has investigated and determined that in order to further the general health,safety and welfare of the community, certain amendments to the previously adopted regulations are necessary; and WHEREAS,the City Council finds that it is in the best interests of the citizens of Wylie to amend the Code of Ordinances, as set forth below. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment of Chapter 74, Article X (Electioneering at Polling Locations) of the Wylie Code of Ordinances. Chapter 74 (Offenses and Miscellaneous Provisions),Article X (Electioneering at Polling Locations) of the Wylie Code of Ordinances is amended to read as follows 1: "ARTICLE X. ELECTIONEERING AT POLLING PLACES Ordinance No.2020-47—Electioneering Page 1 of 4 3163613 Sec. 74-172. Definitions. The following words and phrases as used in this Article shall have the meanings as set forth in this section: Electioneering shall mean the posting,use, or distribution of political signs or literature, including the use of tents, chairs, booths, tables or other furniture or devices to post,use or distribute political signs or literature. Tent shall mean a tent,canopy,covering or similar item that does not exceed ten (10) feet by ten (10) feet in size and is temporarily erected to provide shelter from the sun and other weather conditions when engaging in electioneering. Voting period shall mean the period beginning the hour the polls open for early voting and ending when the polls close or the last voter has voted on election day, whichever is later. Sec. 74-173. Regulations and Exceptions. (a) The following regulations apply to electioneering on the premises of public property used as a polling place during the voting period. (1) It is an offense for any person to leave any electioneering sign, literature,material or tent on public property that is used as a polling place other than during the period beginning twenty-four(24)hours before the voting period begins and ending twenty-four (24) hours after the voting period ends. (2) It is an offense for any person to engage in electioneering on driveways, parking areas or medians within parking areas on the premises of a polling place or in such areas that the Fire Chief or his/her designee determines to be unsafe for electioneering or determines will interfere with patrons or public employees and staff who use the areas other than for election purposes. This restriction shall not apply to electioneering signs that are attached to vehicles that are lawfully parked at the premises of a polling place. (3) It is an offense for any person to attach,place or otherwise affix any electioneering sign, literature, material or tent to any building, tree, shrub, pole or other improvement on public property used as a polling place. Ordinance No.2020-47—Electioneering Page 2 of 4 3163613 (4) It is an offense for any person to place any electioneering sign, literature,material or tent within ten(10)feet of the public road way adjacent to the public property where a polling place is located. (5) It is an offense for any person to place any electioneering sign, literature or material on the premises that exceeds thirty-six (36) square feet and is more than eight (8) feet in height, including any supporting poles. (6) During the voting period and for thirty(30)minutes before and after the voting period each day, tents may be erected or placed on public property used as a polling place outside of the one hundred (100)- foot prohibited area and where otherwise permitted under this section on a first-come, first-served basis when space is available. It is an offense for any person to erect or place a tent that exceeds ten (10) feet by ten (10) feet in size or in a location or manner that violates this section. (7) In addition to imposing any criminal penalty, electioneering sign(s), literature, material(s) and tent(s) located in violation of this section may be removed and disposed of by the entity in control of the public property. (8) The authority to conduct electioneering on public property under this Article X is limited to the property on the premises where the voting is conducted and only for the voting period. (b) The regulations set forth in (a) above shall not apply to any City of Wylie- authorized signs, materials or other messages on its property." SECTION 3: Penalty. Any person, firm, corporation or business entity violating this Ordinance or the Code of Ordinances shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00) if the violation relates to the public health, sanitation or dumping of refuse, otherwise the fine shall be in an amount not exceeding Five Hundred Dollars ($500.00). A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Repealing/Saving. The Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict,but such repeal Ordinance No.2020-47—Electioneering Page 3 of 4 3163613 shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof,regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 6: Effective Date. This Ordinance shall be effective immediately upon its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 8th day of September, 2020. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Stephanie Storm, City Secretary Date of Publication: September 16,2020 Ordinance No.2020-47—Electioneering Page 4 of 4 3163613 ORDINANCE NO. 2014-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 22-446 (GENERAL SIGN REGULATIONS) OF ARTICLE XX (SIGN REGULATIONS) OF CHAPTER 22 (BUILDINGS AND BUILDING REGULATIONS) AND ARTICLE IX (PROHIBITIONS OF ILLEGAL SMOKING MATERIAL) OF CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS) AND ADOPTING A NEW ARTICLE X (ELECTIONEERING AT POLLING LOCATIONS) OF CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), ALL OF PART II OF THE WYLIE CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on June 14, 2013, the 83`d Texas Legislature passed House Bill 259, modifying the Texas Election Code and requiring a public entity that controls or owns a building used as a polling place, to allow electioneering on the premises subject to reasonable regulations ("HB 259"); and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that in order to most effectively make the additions, deletions and amendments necessary, it is in the best interest of the citizens of the City of Wylie, Texas ("Wylie") to amend Section 22-446 (General Sign Regulations) of Article XX (Sign Regulations) of Chapter 22 (Buildings and Building Regulations), and adopt a new Article X (Electioneering at Polling Locations) of Chapter 74 (Offenses and Miscellaneous Provisions), all of Part II of the Wylie Code of Ordinances; and WHEREAS, according to HB 259, "electioneering" includes the posting, use, or distribution of political signs or literature; and WHEREAS, the polling places in the City include facilities that are simultaneously used for various other purposes and for which adequate and safe parking and access thereto must be maintained in order for those facilities to operate in a safe and effective manner; and WHEREAS, electioneering includes the posting of signs and literature, and in order to further the general health, safety and welfare of the community, electioneering signs and Ordinance No.2014-02 Political Signage and Electioneering Page 1 of 6 literature should not be present outside of the time for voting except for a limited period to erect and remove the signs, and not be attached to improvements and landscaping; and WHEREAS, the City Council further finds that the size of electioneering signs shall be limited and they should be set back from the public roadway in order to further traffic safety and remove visual clutter; and WHEREAS, current Wylie regulations prohibit signs, including political signs, on or over public property, therefore, those regulations must be amended to comply with the new law; and WHEREAS, the City Council deems it is in the best interest of the citizens of Wylie that the current sign regulations be amended and additional regulations be adopted to address concerns that may result from electioneering on public property, including damage to property, traffic safety concerns, and blight; and WHEREAS, as a result of the proposed adoption of Article X (Electioneering at Polling Locations) of Chapter 74 (Offenses and Miscellaneous Provisions), the City Council has investigated and determined that additional sections should be reserved in Article IX (Prohibition of Illegal Smoking Material) of Chapter 74 (Offenses and Miscellaneous Provisions) of Part II of the Wylie Code of Ordinances to allow for future amendments to Article IX (Prohibition of Illegal Smoking Material); and WHEREAS, the City Council finds that the adoption of regulations is needed and that they further the public health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: • SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Section 22-446 (General Sign Regulations) of Article XX (Sign Regulations) of Chapter 22 (Buildings and Building Regulations) of Part II of the Wylie Code of Ordinances. Section 22-446 (General Sign Regulations) of Chapter 22 (Buildings and Building Regulations) of Part II of the Wylie Code of Ordinances is hereby amended as follows: Ordinance No.2014-02 Political Signage and Electioneering Page 2 of 6 "Sec. 22-446. General Sign Regulations. (h) Signs prohibited on or over public property. Except as otherwise provided for in this article, no portion of any sign shall be erected on or over public property, or in the right-of-way of any thoroughfare within the city, except for projecting signs in the downtown historic district meeting regulations in subsections 22- 445(16) and 22-448 in this article, and except as allowed in Chapter 74, Article X. Signs violating this provision shall be considered illegal signs and may be removed and disposed of by the city in accordance with this article. SECTION 3: Amendment to Article IX (Prohibition of Illegal Smoking Material) of Chapter 74 (Offenses and Miscellaneous Provisions) of Part II of the Wylie Code of Ordinances. Article IX (Prohibition of Illegal Smoking Material) of Chapter 74 (Offenses and Miscellaneous Provisions) of Part II of the Wylie Code of Ordinances is hereby amended as follows: "ARTICLE IX. PROHIBITION OF ILLEGAL SMOKING MATERIAL Sec. 74-167—74-170. Reserved." SECTION 4: Adoption of new Article X (Electioneering at Polling Locations) to Chapter 74 (Offenses and Miscellaneous Provisions) of Part II of the Wylie Code of Ordinances. Article X (Electioneering at Polling Locations) of Chapter 74 (Offenses and Miscellaneous Provisions) is hereby adopted as follows: "ARTICLE X. ELECTIONEERING AT POLLING LOCATIONS Sec. 74-171. Purpose. The purpose of this article is to provide reasonable regulations for electioneering on city owned or controlled public property when such property is used as an election polling place. The regulations contained herein are to mitigate against any safety concerns, prevent damage to public property, and ensure that Ordinance No.2014-02 Political Signage and Electioneering Page 3 of 6 the property is sufficiently available for its patrons who use the facilities other than for election purposes. Sec. 74-172. Definitions. The following words and phrases as used in this Article shall have the meanings as set forth in this section: Electioneering shall mean the posting, use, or distribution of political signs or literature, including the use of tents, chairs, booths, tables or other furniture or devises to post, use or distribute political signs or literature. Voting period shall mean the period each day beginning the hour the polls are open for voting and ending when the polls close or the last voter has voted, whichever is later on Election Day and early voting days. Sec. 74-173. Regulations and Exceptions. (a) The following regulations apply to electioneering on the premises of public property during the voting period. (1) It is an offense for any person to leave any electioneering sign or literature on public property that is used as a polling place other than during the voting period and for thirty (30) minutes before and after the voting period. (2) It is an offense for any person to engage in electioneering on driveways, parking areas, on medians within parking areas, or driveways on the premises of a polling location. This restriction shall not apply to electioneering signs that are attached to vehicles that are lawfully parked at the premises of a polling location. (3) It is an offense for any person to attach, place or otherwise affix any electioneering sign, literature or material to any building, tree, shrub, pole or other improvement on public property used as a polling location. (4) It is an offense for any person to place any electioneering sign or literature within twenty-five (25) feet of the public road way adjacent to the public property where a polling location is located. Ordinance No.2014-02 Political Signage and Electioneering Page 4 of 6 (5) It is an offense for any person to place any electioneering sign on the premises that exceeds thirty-six (36) square feet and is more than eight (8) feet in height, including any supporting poles. (6) In addition to imposing any criminal penalty, electioneering sign(s) located in violation of this section may be removed and disposed of by the entity in control of the public property. (7) The authority to conduct electioneering on public property under this Article X is limited to the property on the premises where the voting is conducted and only for the voting period. (b) The regulations set forth in (a) above shall not apply to any City of Wylie authorized signs, materials or other messages on its property." SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred and 00/100 Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. Ordinance No.2014-02 Political Signage and Electioneering Page 5 of 6 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 14th day of January,2014. 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"^ us Q^a #wmyrt xamre [.c ai m¢a iiiiiiVi M4 YMM1is 3..d,na.aAM 8dLCW,1D,ZL'd: ',Id tk %'Y.9t t9( .8..5Z,N2 d -,IL-- ;'—'v SC&S S'n Murphy Monitor * The (riria;a�f�sri Herald '���Mai`€a�.NewsTHE WYLIE NEWS media RECEIVED -1 STATE OF TEXAS COUNTY OF COLLIN Ir Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinance 2014-02 was published in said newspaper on the following dates, to-wit: January 22,2014 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of_ /0 , 2013 to certify which witness my hand and seal of o ice. Sonia A.Duggan _ Notary Pu lic i d for . GlailliStiOrs moires The State of Texas 09-02-2016 My commission expires +€tsrphyisa a,c/w:ttiu Office^* 1 t0 N.Hal bit.P.O.Him,.169_`. €e,"IX 7 09X*972-E-I2_55l S=tax 97?_. 12,--1 Ili !-':Erma ravilleAMt,a,'am Of a:* 101 Main]. C) li;,i 5]2]]l'afnvaan ilk.,TX 7-442 a t; 2_' r-a g a 4 m2 January 22-23,2014 ORDINANCE NO. 2014-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMEND- ING SECTION 22-446 (GENERAL, x,<< SIGN REGULATIONS) OF ARTICLE XX :(SIGN REGULATIONS) OF CHAPTER 22 (BUILDINGS AND BUILDING REGU- LATIONS) AND AR- TICLE IX (PROHIBI- TIONS OF ILLEGAL SMOKING MATE- RIAL) OF CHAPTER 74 (OI TENSES AND MISCELLANEOUS PROVISIONS) AND ADOPTING A NEW ARTICLE X (ELEC- TIONEERING AT POLLING LOCA- TIONS)OF CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS), ALL OF PART II OF THE WYLIE CODE OF ORDINANCES ; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAV- INGS AND SEVER- ABILITY CLAUSES; PROVIDING FOR AN EPPECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLI- CATION OF ;.: CAPTION OF. rmR4uu A illfrna1 37--IE- -33 ' ales-to-go . aa<rW uu, e�cr-LLu_,mr_Ua1�, > - & m' . ' �E - • , z § ? ��2 . , % . - : I 4 . ; ' . ;\. I ] `©• \ ' . ` . . . ®, . . . . w y w . . � ` / \ .% \ y§,z . ' y _ . . ' . • . ¥ , : . o ' . _ / ` •- / /� . • . - 2 \ p . \ \� `� . ' . : . > - . : \+ /\. . : » y ~ . . . � m \ . , . \ .. §. : / \ / 1 \y y` ` . \ . . . ' ' " 4, - .) « o ' ' . ... ' ! . • i a• ' \ . ' • ^ • ^ \\ \)101. W z . . . { /® , \ \\ IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8,2020 Item Number: 3 Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: September 4,2020 Exhibits: Ordinance Subject Consider, and act upon,Ordinance No. 2020-48 amending Ordinance Nos. 2020-24,2020-25,2020-26,2020-29,2020-31, 2020-35, 2020-38, and 2020-41 Continuing or Renewing the Mayor's Declaration of Local Disaster for a Public Health Emergency and establishing new orders to help abate the COVID-19 public health crisis. Recommendation Motion to approve Ordinance No. 2020-48 amending Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, 2020-38, and 2020-41 Continuing or Renewing the Mayor's Declaration of Local Disaster for a Public Health Emergency and establishing new orders to help abate the COVID-19 public health crisis. Discussion On March 22, March 27, April 2, April 28, May 12, May 26, June 9, and July 28, 2020 the City Council adopted Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, 2020-38, and 2020-41 which continued the Mayor's Amended Declaration of Local Disaster for Public Health Emergency to help abate the public health threat resulting from the novel Coronavirus (COVID-19); providing the consent of the City Council to the continuation of the Declaration until 11:59 p.m. on September 8,2020. Page 1 of 1 ORDINANCE NO. 2020-48 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NOS. 2020-24, 2020-25, 2020-26, 2020- 29, 2020-31, 2020-35, 2020-38, AND 2020-41 CONTINUING AND EXTENDING THE MAYOR'S AMENDED DECLARATION OF LOCAL DISASTER FOR PUBLIC HEALTH EMERGENCY DUE TO THE NOVEL CORONAVIRUS (COVID-19); PROVIDING THE CONSENT OF THE CITY COUNCIL TO THE CONTINUATION OF THE DECLARATION UNTIL 11:59 P.M. ON DECEMBER 8, 2020; PRESCRIBING ORDERS TO HELP ABATE THE PUBLIC HEALTH EMERGENCY; PROVIDING AUTHORITY FOR THE CITY COUNCIL TO TERMINATE THE DISASTER DECLARATION; AND PROVIDING AN ENFORCEMENT CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS,in December 2019, a novel coronavirus,now designated SARS-Co V2 which causes the disease COVID-19, was detected in Wuhan, China; and WHEREAS,on March 11,2020,the World Health Organization declared COVID-19 a worldwide pandemic; and WHEREAS, COVID-19 spreads between people who are in close contact with one another through respiratory droplets produced when an infected person coughs or sneezes; and WHEREAS, the identification of "community spread" cases of COVID-19 in the region could potentially signal that transmission of the virus may no longer be limited to travel to outbreak areas or contact with travelers who have visited outbreak areas, and WHEREAS, the Centers for Disease Control and Prevention (CDC) has advised that person-to- person contact heightens the risk of COVID-19 transmission; and WHEREAS, the President's Coronavirus Guidelines for America, as promulgated by President Donald J. Trump and the CDC on March 16, 2020, call upon Americans to slow the spread of COVID-19 by avoiding social gatherings in groups of more than 10 people, using drive-thru, pickup, or delivery options at restaurants and bars, and avoiding visitation at nursing homes, among other steps; and WHEREAS,on March 13, 2020, Texas Governor Greg Abbott declared a statewide public health disaster; and WHEREAS, on March 16, 2020, Collin County declared a local disaster for public health emergency and issued an accompanying order; and WHEREAS, on March 16, 2020, Mayor Eric Hogue issued a declaration of local disaster for public health emergency for the City of Wylie for a period of seven (7) days; and Ordinance No.2020-48—Amending Ord.Nos.2020-24,25,26,29,31,35,38,and 41,Extending Declaration of Disaster WHEREAS, on March 19, 2020, the Governor issued Executive Order GA 08, mandating the avoidance of social gatherings in groups of more than 10 people, the avoidance of eating or drinking at bars, restaurants, and food courts, or visiting gyms or massage parlors, the avoidance of visiting nursing homes or retirement or long-term care facilities unless to provide critical assistance, and closing schools throughout the State of Texas for a period of time; and WHEREAS, on March 19, 2020, Mayor Eric Hogue issued an amended declaration of local disaster for public health emergency, expanding the original declaration; and WHEREAS, on March 22, 2020, the City Council adopted Ordinance No. 2020-24, which continued and extended the Mayor's amended declaration of local disaster for public health emergency to help abate the public health threat resulting from the COVID-19 pandemic; and WHEREAS, on March 27, 2020, the City Council adopted Ordinance No. 2020-25, which amended Section 8 (Enforcement Clause) of Ordinance No. 2020-24; and WHEREAS, on March 31, 2020, the Governor issued Executive Order No. GA 14 relating to statewide continuity of essential services and activities during the COVID-19 disaster; and WHEREAS, on April 2, 2020,the City Council adopted Ordinance No. 2020-26,which amended Ordinance No. 2020-24 and Ordinance No. 2020-25; and WHEREAS, on April 27, 2020, the Governor issued Executive Order No. GA 18 relating to the expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the COVID-19 disaster; and WHEREAS,on April 28,2020,the City Council adopted Ordinance No.2020-29,which amended Ordinance No. 2020-24, Ordinance No. 2020-25, and Ordinance No. 2020-26; and WHEREAS, on May 5, 2020, the Governor issued Executive Order No. GA 21 relating to the expanded reopening of services as part of the safe, strategic plan to Open Texas in response to the COVID-19 disaster; and WHEREAS,on May 12,2020,the City Council adopted Ordinance No. 2020-31,which amended Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, and Ordinance No. 2020-29; and WHEREAS,on May 26,2020,the City Council adopted Ordinance No. 2020-35,which amended Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, Ordinance No. 2020- 29, and Ordinance No. 2020-31; and WHEREAS, on June 9, 2020, the City Council adopted Ordinance No. 2020-38, which amended Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, Ordinance No. 2020- 29, Ordinance No. 2020-31, and Ordinance No. 2020-35; and Ordinance No. 2020-48-Amending Ord.Nos.2020-24,25,26,29,31,35,38,and 41,Extending Declaration of Disaster WHEREAS, on June 26, 2020,the Governor of the State of Texas issued Executive Order GA 28 relating to the targeted response to the COVID-19 disaster as part of the reopening of Texas; and WHEREAS,on July 2,2020,the Governor of the State of Texas issued a Proclamation,amending portions of Executive Order GA 28, and issued Executive Order GA 29 relating to the use of face coverings during the COVID-19 disaster; and WHEREAS, on July 28, 2020, the City Council adopted Ordinance No. 2020-41 which amended Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, Ordinance No. 2020- 29, Ordinance No. 2020-31, Ordinance No. 2020-35, and Ordinance No. 2020-38; and WHEREAS, the conditions necessitating declaration of local state of disaster continue to exist and are anticipated to continue to exist at least until December 8, 2020; and WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of widespread illness, which requires emergency action; and WHEREAS, since July 28, 2020, the City Council and City staff have continued to evaluate the community spread of COVID-19 and have reviewed updated guidance and orders from the United States President, the CDC, the Governor of the State of Texas, Collin County Judge, Dallas County, Rockwall County and others, and the City Council has concluded that it is necessary to amend Ordinance Nos. 2020-41, 2020-38, 2020-35, 2020-31, 2020-29, 2020-26, 2020-25, and 2020-24 to extend the duration of the orders and regulations set forth in such Ordinances; and WHEREAS, the City Council finds that it is in the best interest of the City of Wylie, Texas, and its citizens to amend Ordinance Nos. 2020-41, 2020-38, 2020-35, 2020-31, 2020-29, 2020-26, 2020-25, and 2020-24 as set forth below to help abate the public health threat and to promote the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Wylie, Texas: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Pursuant to Section 418.018 of the Government Code, the declaration of local disaster is hereby continued. Pursuant to Sections 121.003 and 122.006 of the Texas Health and Safety Code, Section 418.108 of the Texas Government Code, Chapter 81 of the Texas Health and Safety Code and such other powers the City of Wylie may have under the City Charter and other laws, the City Council hereby adopts and approves the orders specified in this Ordinance, which shall apply throughout the City of Wylie and shall be in effect from the date of this Ordinance until 11:59 p.m. on December 8, 2020,provided, however, that the declaration and such orders may be terminated before the expiration on 11:59 p.m. on December 8, 2020 by subsequent order of the City Council, and may be continued or renewed beyond 11:59 p.m. on December 8, 2020 only with the consent of the City Council of the City of Wylie. Ordinance No. 2020-48-Amending Ord.Nos.2020-24,25,26,29,31,35,38,and 41,Extending Declaration of Disaster SECTION 3. The City Council hereby finds that while in a state of disaster, there is a public purpose in maintaining the City workforce and ensuring continuity in staffing while continuing the City's services but recognizing that certain facilities and/or operations may need to be temporarily closed or suspended and/or certain personnel may encounter disaster-related events that prevent them from working at full capacity intermittently during the public health emergency. The City Council hereby authorizes the City Manager to make any staffing and compensation- related decisions necessary to adapt to the rapidly changing environment created by the public health emergency to meet the objectives stated herein and authorizes the expenditure of City funds to accommodate the same. Any expenditure of funds beyond that approved in the FY 19-20 or FY 20-21 budgets must come to the City Council for ratification at a City Council meeting, though the expenditure may be made prior to City Council ratification due to the public health emergency. SECTION 4. The City Council hereby finds that for the duration of this disaster declaration, immediate procurement directly related to the disaster may be necessary to preserve and protect public health and safety. Accordingly, the City Council hereby authorizes the City Manager to purchase goods or services as necessary for ratification by the City Council at a later date as long as the procurement is in compliance with state law requirements. SECTION 5. The City Council hereby finds that a public necessity exists during the duration of this disaster to determine whether it is difficult for a quorum of the members of decision-making boards of the City to meet in person based on public health and safety concerns related to the pandemic. The City Council authorizes any member of Council, staff, and decision-making boards who is sick, or unable to attend the meeting in person, to conduct their public meetings via telephone conference pursuant to Texas Government Code Section 551.125(b) and/or the Order of the Governor of the State of Texas temporarily suspending certain provisions of the Texas Open Meetings Act, guidance received from the Texas Attorney General's Office and/or other law or order. SECTION 6.The City Council hereby authorizes the City Manager to temporarily waive any City Code regulations that are difficult or impossible to comply with during the term of this declaration of disaster as long as it is not inconsistent with state law. SECTION 7.Pursuant to Section 122.006 of the Texas Health and Safety Code,the City of Wylie is authorized to adopt rules to protect the health of persons in the City of Wylie, including quarantine rules to protect its residents against communicable disease and provide for the establishment of quarantine stations, emergency hospitals, and other hospitals. SECTION 8. The City Council hereby finds and declares that this declaration authorizes the use of all lawfully available enforcement measures. A failure to comply with the City's Emergency Management Plan, or a rule, order or Ordinance adopted under the Plan, including this Ordinance, is punishable as authorized in Section 418.173 of the Texas Government Code. This Ordinance incorporates Executive Orders GA 28 and GA 29, as they exist or may be amended, and any other Executive Orders and Proclamations regarding COVID-19 that are issued by the Governor on or after the effective date of this Ordinance. In addition, a person who violates any provision of this Ordinance No.2020-48—Amending Ord.Nos.2020-24,25,26,29,31,35,38,and 41,Extending Declaration of Disaster declaration, upon conviction, is punishable by a fine of not more than $1,000. A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. SECTION 9. Pursuant to Section 418.018(c) of the Government Code, the declaration shall be given prompt and general publicity and shall be filed promptly with the City Secretary. SECTION 10. Pursuant to Section 418.018(d) of the Government Code, the City of Wylie Emergency Management Plan shall remain active through the duration of this disaster declaration. SECTION 11.The City of Wylie will activate the Emergency Operations Center and will operate on an as needed basis throughout the duration of this Ordinance. SECTION 12. Grocery stores, supermarkets, warehouse stores, hospitals, and medical facilities are experiencing high levels of demand for a large number of products, requiring more deliveries from manufacturers and distribution centers to serve their customers. A number of Texas cities and local associations have implemented restrictions on delivery hours to stores to mitigate truck noise and traffic. Due to the need to deliver products as quickly and efficiently as possible during this critical time frame,this Order hereby suspends all delivery hour restrictions for transport to or from any entity involved in the selling or distribution of food products, medicine, or medical supplies in City of Wylie for the next 15 days. SECTION 13. If someone in a household has tested positive for coronavirus, the household is ordered to isolate at home. Members of the household shall not go to work, school, or any other community function. SECTION 14.All City employees shall remain at home if sick. SECTION 15. All persons or groups using Parks and Recreation facilities shall follow to the extent possible the minimum recommended health protocols issued by the Texas Department of State Health Services that are applicable to such use or activity. These protocols are available at https://www.dshs.texas.gov/coronavirus/opentexas.aspx. SECTION 16. The City Council strongly encourages compliance with the following Recommendations, including social distancing, providing hand sanitizer and tissues, and increasing cleaning of commonly and frequently touched services. This Ordinance does not mandate sheltering in place.All critical infrastructure will remain operational,domestic travel will remain unrestricted, and government entities and businesses will continue providing essential services. For offices and workplaces that remain open, employees should practice good hygiene and,where feasible,work from home in order to achieve optimum isolation from COVID-19. The more that people reduce their public contact, the sooner COVID-19 will be contained and the sooner this Ordinance will expire. SECTION 17. The City of Wylie must promptly provide copies of this Ordinance by posting on the City of Wylie website. If any subsection, sentence, clause, phrase, or word of this Ordinance Ordinance No.2020-48—Amending Ord.Nos.2020-24,25,26,29,31,35,38,and 41,Extending Declaration of Disaster or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Ordinance. SECTION 18. All provisions of the Code of Ordinances of the City of Wylie, codified or uncodified, in conflict with the provisions of this Ordinance are hereby temporarily superseded by this Ordinance for the duration of this declaration. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 19.Ordinance Nos.2020-41,2020-38,2020-35,2020-31,2020-29,2020-26,2020-25, and 2020-24 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any Ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of said Ordinances shall remain in full force and effect. SECTION 20. This Ordinance shall take effect immediately from and after its passage. This Ordinance shall be effective until 11:59 p.m. on December 8, 2020, or until it is either rescinded, superseded, or amended pursuant to applicable law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ON THIS THE 8TH DAY OF SEPTEMBER 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Date of Publication: September 16,2020 Ordinance No. 2020-48—Amending Ord.Nos.2020-24,25,26,29,31,35,38,and 41,Extending Declaration of Disaster IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 8,2020 Item Number: WS 1 Department: City Manager (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: August 31, 2020 Exhibits: Subject Discuss moving the November scheduled City Council meeting. Recommendation Discussion Page 1 of 1 ORDINANCE NO. 2019-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY SETTING THE REGULAR CITY COUNCIL MEETING DATES FOR CALENDAR YEAR 2020 FOR THE CITY OF WYLIE, TEXAS; PROVIDING FOR SAVINGS, REPEALING AND SEVERANCE CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council normally meets on the 2nd and 4th Tuesday of each month; and WHEREAS, the City Charter requires the City Council to meet at least once each month; and WHEREAS, many citizens, City employees and elected officials take vacations or are unavailable during the holidays; and WHEREAS, the City Council finds it will be beneficial and in the best interests of the public to set forth its regular meeting dates for the calendar year 2020. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 2: The City Council of the City of Wylie, Texas, hereby determines that regular meetings will be held on the 2nd and 41h Tuesdays for the first ten months of 2020 (January through October) and on the 2nd Tuesday in November and December 2020, which shall be on the following dates: January 14 and 28, 2020 July 14 and 28, 2020 February 11 and 25, 2020 August 11 and 25, 2020 March 10 and 24, 2020 September 8 and 22, 2020 April 14 and 28, 2020 October 13 and 27, 2020 May 12 and 26, 2020 November 10, 2020 June 9 and 23, 2020 December 8, 2020 SECTION 3: Nothing herein shall prohibit the City Council from canceling or changing the regular meeting dates established herein or from holding special or other meetings as allowed by law. SECTION 4: The City Council's regular meetings shall generally begin at 6:00 p.m. and are usually held at 300 Country Club Road, Building #100, Wylie, Texas in the City Council Chambers in City Hall; however the exact time and location for each meeting shall be posted in accordance with the Texas Open Meetings Act. Ordinance No.2019-30 Ordinance Establishing Meeting Dates-Calendar Year 2020 Page 1 of 2 SECTION 5: Savings! Repealing Clause. All provisions of any ordinance in conflict with this ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 8th day of October, 2019. Eric Hogue, ATTEST TO: jtip kvimAlk‘ juteuit , Stephanie Storm, City Secretary f. Ordinance No.2019-30 Ordinance Establishing Meeting Dates-Calendar Year 2020 Page 2 of 2