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10-13-2020 (City Council) Agenda Packet IAI If Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda October 13, 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 • Wylie Way Students • Proclamation-Wisecrackers Toastmaster Club • Proclamation-Woman Owned Business Month • Proclamation-Fire Prevention Month October 13,2020 Wylie City Council Regular Meeting Agenda Page 2 of 5 • Wylie Police Department Promotional Badge Pinning: Corporal Tyler Johnson, Sergeant Brian Porter, Sergeant Mark Johnson,and Lieutenant Stephen Coomer CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider,and act upon,approval of the Minutes of September 22,2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and act upon,Ordinance No.2020-49 setting the time and place for all regular City Council Meetings in the 2021 calendar year. (S. Storm, City Secretary) C. Consider, and act upon, approval of a Final Plat for Redwood at the Lake Ph2 Addition, establishing two lots on 30.58 acres, generally located at the southeast corner of Vinson Road and County Line Road. (J. Haskins, Planning Manager) D. Consider, and act upon, Ordinance No. 2020-50 amending Ordinance No. 2020-44 (2020-2021 Budget) for proposed budget amendments for fiscal year 2020-2021; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance.. (M.Beard, Finance Director) E. Consider,and act upon,Ordinance No.2020-51 amending Ordinance No.2020-44(2020-2021 Budget) for proposed budget amendments for fiscal year 2020-2021; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (M. Beard, Finance Director) F. Consider, and act upon,Resolution No. 2020-57(R) authorizing the City Manager of the City of Wylie, Texas, to execute the Agreement to Contribute Right of Way Funds (Fixed Price) between the State of Texas through the Department of Transportation and the City of Wylie concerning the improvements on Highway No. FM 544 at FM 1378. (T. Porter, Public Works Director) G. Consider, and act upon, the approval of the second modification to contract #W2018-118-A Solid Waste&Recycling Services with Community Waste Disposal L.P., adjusting the billing rates effective October 13, 2020, and authorizing the City Manager to execute any necessary documents. (B. Parker, Asst. City Manager) H. Consider, and act upon, Ordinance No. 2020-52 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section II (Garbage, Trash and Brush Fees), Subsection A (Residential Fee; Deposits). (B. Parker,Asst. City Manager) October 13,2020 Wylie City Council Regular Meeting Agenda Page 3 of 5 I. Consider,and act upon,the approval of the purchase of vehicles and in the estimated amount of$466,000.00 through an inter-local purchasing agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) 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. • 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. 2020-58(R) of the City Council of the City of Wylie, Texas, approving a settlement agreement and any related agreements, including a first amendment to the Regional Water Supply Facilities Amendatory Contract by and between the City of Wylie, Texas,the North Texas Municipal Water District, and all member cities in said district in full settlement of all pending petitions filed at the Public Utility Commission of Texas, PUCT Docket Nos. 46662,47863, and 49043; and providing an effective date. (C. Hoisted, City Manager) Executive Summary The 13 Member Cities of the North Texas Municipal Water District have been working for a number of years on an alternate method for allocating cost for water services. The Amendatory Contract includes a"Take-or- Pay"provision. With the increase in water conservation provisions,some cities were paying for large amounts of water that they were unable to use. When a member city uses more water than the contract minimum,a new October 13,2020 Wylie City Council Regular Meeting Agenda Page 4 of 5 minimum is then set and continues in perpetuity without the ability to lower that amount. In 2016,the Cities of Garland,Mesquite,Plano and Richardson petitioned the Public Utility Commission of Texas asserting that the wholesale water rates charged by NTMWD were adverse to the public interest and urging the PUC to set the wholesale water rates. 2. Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural District (AG/30) to Planned Development (PD), amending PD 2017-31, to allow for single family residential development on 15.88 acres,generally located on Sachse Road approximately 1700' south of Dominion Drive.(ZC2020-10) (J. Haskins, Planning Manager) Executive Summary The 15.88-acre property was recently annexed into the city and, by the requirements of the zoning ordinance for recently annexed property, is zoned Agricultural(AG/30). The applicant is requesting to rezone the 15.88 acres by amending the existing 355-acre Dominion of Pleasant Valley Planned Development (PD 2017-31) and include this property in that PD. A development agreement, in conformance with this zoning request,was approved by the City Council in June 2020. 3. Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural District (AG/30) to Agricultural District Special Use Permit (AG/30-SUP), to allow for development conditions of an existing Waste Water Treatment Plant on 50.322 acres, generally located on the northwest corner of Pleasant Valley Road and Elm Grove Road. (ZC2020-12) (J. Haskins, Planning Manager) Executive Summary North Texas Municipal Water District is requesting a Special Use Permit(SUP)within the current Agricultural Zoning district to allow for conditions for the continued use and expansion of an existing WasteWater Treatment Plant on 50.322 acres. 4. Consider, and act upon, Ordinance No. 2020-53 amending Ordinance Nos. 2020-24, 2020-25, 2020-26,2020-29,2020-31,2020-35,2020-38,2020-41,and 2020-48 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,July 28,and September 8,2020 the City Council adopted Ordinance Nos. 2020-24,2020-25,2020-26,2020-29,2020-31,2020-35,2020-38,2020-41, and 2020-48 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 October 13,2020. 5. Consider, and act upon, the acceptance of the resignation of Anthony Taylor, appointment of a board member to the Board of Ethics to fill the unexpired term of July 2020 to June 2022, and the appointment of a new alternate to fill the unexpired term of September 2020 to June 2021. (S. Storm, City Secretary) Executive Summary Staff is requesting the appointment of a new Board of Ethics member to replace Anthony Taylor. Mr.Taylor has submitted his letter of resignation dated September 4,2020. 6. Consider, and act upon, the acceptance of the resignation of the Zoning Board of Adjustment board member Lisa Shields, appointment of alternate Shaun Chronister to fill the unexpired term of September 2020 to June 2021, and the appointment of a new alternate to fill the unexpired term of September 2020 to June 2021. (S. Storm, City Secretary) October 13,2020 Wylie City Council Regular Meeting Agenda Page 5 of 5 Executive Summary Staff is requesting the appointment of Shaun Chronister, current Alternate, as a new Zoning Board of Adjustment board member to replace Lisa Shields. Ms. Shields submitted her letter of resignation dated September 18,2020. WORK SESSION • Fire Station 4 update and funding. (M. Beard, Finance Director and B. Blythe, Fire Chief) • Financial Management Policy. (M. Beard, Finance Director) RECONVENE INTO REGULAR SESSION Tabled from 09-22-2020 Remove from table and consider 7. Consider, and act upon, approving the Financial Management Policies. (M. Beard, Finance Director) Executive Summary The purpose of the Financial Management Policies is to formalize financial guidelines for the City. They will assist City staff in planning and directing the City's financial affairs and provide a document that codifies these policies in one place. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certib,that this Notice of Meeting was posted on October 9,2020 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 September 22, 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 6:01 p.m. The following City Council members were present: Mayor pro tern Jeff Forrester, Councilman Matthew Porter, Councilwoman Candy Arrington, Councilman Timothy T. Wallis,and Councilman David Dahl. Councilman David R. Duke 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; WEDC Executive Director Jason Greiner; Public Arts Coordinator Carole Ehrlich; City Secretary Stephanie Storm, and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Mayor Hogue led the invocation and WISD Superintendent David Vinson the Pledge of Allegiance. PRESENTATIONS • Declaring October 4-10,2020 as Fire Prevention Week in the City of Wylie. This presentation was moved to the October 13,2020 City Council meeting. • Manufacturing Day Proclamation. Mayor Hogue presented a proclamation proclaiming October 2,2020 as Manufacturing Day in Wylie,Texas. Representatives from WISD, Wylie Economic Development Corporation, Deanan Gourmet Popcorn, Collin College Wylie, and Barco Pump were present to accept the proclamation. CITIZEN COMMENTS ON NON-AGENDA ITEMS Aleksandra Rolfson, representing Riverchase HOA, addressed Council regarding concerns with street and infrastructure issues. Hogue requested staff bring back additional information at a future meeting. Minutes September 22,2020 Wylie City Council Page 1 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of September 8,2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and act upon,approval of a Final Plat for Seventy8 &Westgate Addition,being a Replat of Lot 2,Block A of the Westgate Center Phase One Addition,establishing two lots on 15.7208 acres, located at 960 and 970 South Westgate Way. (J. Haskins, Planning Manager) C. Consider, and act upon, Resolution No. 2020-51(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256,Public Funds Investment Act, Subchapter A-Authorized Investments for Governmental Entities. (M. Beard, Finance Director) D. Consider,and act upon,approval of the Purchasing Policies. (M. Beard, Finance Director) E. Consider,and act upon,approving the Debt Management Policy. (M. Beard, Finance Director) F. Consider, and act upon, Resolution No. 2020-52(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement with the City of Parker for Fire and Emergency Medical Dispatch Services in accordance with City of Parker Resolution#20-639. (B. Blythe, Fire Chief) G. Consider, and act upon,Resolution No. 2020-53(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties,Texas,Amending Resolution Nos.2020-35(R),2020-22(R),and 2020- 06(R),which Ordered a General Election for the purpose of electing the positions of Mayor and two Council Members(Place 5 and Place 6)of the Wylie City Council,to hold office for a period of three years; amending the locations of Polling Places; providing a repealing clause. (S. Storm, City Secretary) H. Consider, and act upon,Resolution No. 2020-54(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall counties,Texas,amending Resolution Nos. 2020-36(R),2020-22(R), and 2020- 10(R), which ordered a Special Election for the purpose of filling a vacancy in the office of City Council,Place No. 2, resulting from the resignation of council member Matthew Porter, amending the locations of polling places; providing a repealing clause. (S. Storm, City Secretary) I. Consider, and act upon,Resolution No. 2020-55(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall counties,Texas,amending Resolution No.2020-37(R),which ordered a Special Election to be held on November 3,2020,for the purpose of submitting to the qualified voters of the City of Wylie certain proposed amendments to the existing Home Rule Charter of the City of Wylie, in conjunction with the City of Wylie General Election and Special Election to fill a vacancy on November 3, 2020, and administered by the Collin, Rockwall and Dallas County Elections Administrators; amending the locations of Polling Places; providing a repealing clause. (S. Storm, City Secretary) J. Consider, and place on file,the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 31,2020. (J. Greiner, WEDC Director) K. Consider,and place on file,the City of Wylie Monthly Revenue and Expenditure Report for August 31,2020. (M. Beard, Finance Director) Minutes September 22,2020 Wylie City Council Page 2 L. Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2020. (M. Beard, Finance Director) M. Consider,and act upon,the approval of the purchase of interior furnishings and installation for the Wylie Public Safety Building from Plano Office Supply in the estimated amount of$300,867 through a cooperative purchasing contract with Collin County Governmental Purchasing Forum(CCGPF), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) N. Consider, and act upon,Resolution No. 2020-56(R) of the City Council of the City of Wylie,Texas, approving the Rockwall Central Appraisal District's proposed building addition to the property located at 841 Justin Road,Rockwall,Texas. (C. Holsted, City Manager) O. Consider, and act upon, approval of a vendor application from Wylie East High School Theater Department fundraiser event at Community Park on October 12,2020. (R.Diaz,Parks&Recreation Director) Councilman Porter requested Items C, D, and E be pulled from Consent and considered individually. The consensus of Council was to consider Items C,D, and E individually. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tern Forrester, to approve the Consent Agenda items A, B, and F-O as presented. A vote was taken and motion passed 6-0 with Councilman Duke absent. C. Consider, and act upon, Resolution No. 2020-51(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256,Public Funds Investment Act, Subchapter A-Authorized Investments for Governmental Entities. (M. Beard, Finance Director) Council Comments Councilman Porter asked if the City has looked at changing any of the strategies in regards to investments. Finance Director Beard responded that there were no plans to change the investment strategies. The excess funds are currently in TexPool, or TexStar which is managed by Hilltop Securities. Council Action A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester,to approve Resolution No. 2020-51(R) approving the current Investment Policy. A vote was taken and motion passed 6-0 with Councilman Duke absent. D. Consider,and act upon,approval of the Purchasing Policies. (M. Beard, Finance Director) Council Comments Councilman Porter expressed concerns regarding Chapter 7,Methods of Procurement process, and the matrix scoring. City Manager Holsted and Purchasing Manager Hayes gave additional information on the current bidding and matrix scoring process. Council Action A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester,to approve the Purchasing Policies. A vote was taken and motion passed 6-0 with Councilman Duke absent. Minutes September 22,2020 Wylie City Council Page 3 E. Consider,and act upon,approving the Debt Management Policy. (M. Beard, Finance Director) Council Comments Councilman Porter asked if there are any major changes being implemented from the prior policy, and where does the City stand on a percentage basis regarding the debt. Finance Director Beard responded the City has not had a separate Debt Management Policy in the past. Debt was previously addressed vaguely in the general financial policies. Beard stated the new Debt Management Policy has benchmarks for staff to refer to and was drafted using GFOA best practices and by reviewing surrounding cities Debt Management Policies. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to approve the Debt Management Policy.A vote was taken and motion passed 6-0 with Councilman Duke absent. REGULAR AGENDA 1. Consider, and act upon, approving the Financial Management Policies. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating the purpose of the Financial Management Policies is to formalize financial guidelines for the City. The scope of the policies span accounting, auditing, financial reporting, internal controls, operating and capital budgeting,revenue management and expenditure control. Beard stated the Financial Management Policies were previously approved on September 24, 2019 and two changes have been made for FY 2020-2021: Section VII (G) previously had contract signature authority for contracts equal to or less than $1,000 delegated by the City Manager to the purchasing agent. This has been updated to $10,000 to the Purchasing Manager, and Section X (A-D) was deleted with a note that debt management is now addressed by a separate Debt Management Policy. Beard reported Section II(E) addresses external auditor rotation if Council would like to address any specific changes. Council Comments Councilman Porter asked if Council was to add language regarding auditor rotation, is there is a time frame that Finance recommends. GFOA best practices recommends a multi-year agreement of at least five years to allow for greater continuity,helps to minimize potential for disruption and connection with the audit,and helps reduce audit costs. Mayor pro tem Forrester asked how many consecutive five-year contracts is staff recommending. Beard responded that staff would not recommend a policy that requires the City to rotate and not allow the current firm to submit a bid. Beard responded this is Weaver's 11th year to conduct the audit. During that time frame, Weaver provided rotation by assigning four different audit managers, three different audit partners,and five different audit seniors.Beard also stated it is rare for the field work staff to return more than two years in a row; the personnel are rotated frequently. Weaver currently serves at least 50 north Texas cities and only one of these clients currently requires an audit rotation. Councilmen Porter and Wallis,Mayor pro tern Forrester,and Councilwoman Arrington stated they would like to see options of adding an auditor rotation into the Financial Management Policies. Purchasing Manager Hayes addressed Council stating she confirmed with Legal that an audit rotation can be added to the Finance policy, and subsequently referenced in the bid specification that would preclude the incumbent firm from submitting a bid. Hayes went on to explain the ramifications of the policy will be that if the City received no bids, or no qualified bids during a bid process, the only option is to rebid or go to Council and request an exception to the Finance policy. Porter asked what the proper wording would be, if an audit rotation was included in the policy, to ensure the City receives at least one bid. Hayes stated that if the Minutes September 22,2020 Wylie City Council Page 4 rotation policy is adopted, she does not believe wording could be added to a bid to allow the current vendor to submit just in case no qualified bids were received; the City would have to prohibit them from submitting a bid altogether. Councilman Wallis asked who sets the evaluation criteria. Hayes explained that the evaluation criteria is established by her and the associated City department based on what is important to the department for the particular service,the importance of the cost, and the complexity of the project. Council Action A motion was made by Councilman Dahl to approve the Financial Management Policies. The motion died for the lack of a second. A motion was made by Councilman Porter to approve the Financial Management Polices with an amendment to Section 2(E)changing the wording to the City will require an external auditor rotation at an interval of eight years. The motion died for the lack of a second. A motion was made by Councilman Wallis, seconded by Councilman Porter, to table the approval of the Financial Management Policies to allow for a work session discussion prior to approval at the October 13, 2020 City Council meeting. A vote was taken and motion passed 5-1 with Councilman Dahl voting against and Councilman Duke absent. 2. Consider,and act upon,the submission of an Official Ballot for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. (C. Holsted, City Manager) Staff Comments City Manager Holsted addressed Council stating the City received a ballot for four places for Texas Municipal League Intergovernmental Risk Pool. The TMLIRP defends the City in cases of workers compensation, property, and liability litigation. The members serve a six-year term and the packet included additional information regarding each candidate. Council Action A motion was made by Mayor Hogue, seconded by Mayor pro tern Forrester,to cast the City's ballot for the election to the TML Intergovernmental Risk Pool Board of Trustees to Robert Herrera for Place 1,John Fullen for Place 2,George Hyde for Place 3,and Kimberly Meismer for Place 4. A vote was taken and motion passed 6-0 with Councilman Duke absent. Mayor Hogue convened the Council into Work Session at 7:31 p.m. WORK SESSION • Discuss the remaining 2020 City events and the impact of COVID-19. (C. Kelly, Public Information Officer) City Manager Holsted addressed Council stating staff is planning on proceeding ahead with the remaining events for year with some changes. Council supported staff's decision to move forward with the events and feels the events can be held in a safe manner. Appreciation was expressed to the representatives in attendance which included Downtown Merchants, City staff, and First Baptist Church (FBC) Wylie. Public Information Officer Kelly and FBC representative Craig Watson stated a safety plan would be put in place for each event and that plan will be submitted to Emergency Operations for approval. Minutes September 22,2020 Wylie City Council Page 5 • Annual CWD report and discussion of potential solutions for bulk/brush service and contract extension. (B. Parker,Asst. City Manager) Assistant City Manager Parker addressed Council stating CWD provides a report annually to the Council. The 2019 report was delayed due to COVID. In addition to the annual report, staff would like to discuss possible solutions to the bulk/brush service. Greg Roemer, president of CWD, gave CWD's annual report regarding solid waste pickup, X-treme Green Events, and sponsorship within the City for 2019. Parker reported the current bulk/brush service requires citizens to call-in and schedule a pick-up. Staff recently met with CWD to identify possible solutions to enhance the bulk/brush service. CWD identified two possible solutions.The first solution is to provide monthly pick-up service without citizens having to call and schedule. The option would divide the City into four quadrants and with one quadrant serviced each week. This service would cost an additional$0.97/month.The second solution is to stage two rear load trucks at the Service Center on Hensley Lane from 8-12 each Saturday to allow citizens to drop-off bulk and brush.The cost for this service is an additional $0.47/month. CWD is requesting a five-year extension of their contract if one of the above is chosen. Parker stated some benefits with option one includes a quarter of the City would be free of bulk three weeks out of the month, Code Enforcement would be able to enforce compliance on a routine basis, and the overall appearance of the City would be enhanced. Some benefits with option two include citizens being able to dispose of bulk/brush without having to call-in or when it is not their week for pick-up, provides Code Enforcement an option during enforcement,covenant for citizens, and enhances the overall appearance of the City. Parker stated the current rate charged to the residents is $13.16 a month. If the City proceeded with both options, CWD would charge the City$11.33 a month, for once a month no call-in bulk would be $10.87, and for Saturday brush and bulk drop off only the increase would be $10.36. CWD will not be requesting a rate increase this year.Parker stated if the City absorbed half the monthly cost the rate increase would be$0.72 for both, $0.49 for once a month no call-in bulk pickup, and $0.23 for Saturday drop off If the City passed the monthly cost to customer the rate increase would be $1.43 for both, $0.97 for once a month no call-in pickup, and$0.46 for Saturday drop off Parker answered questions from Council. Hogue asked Roemer if CWD would consider one of the three options without the five-year contract extension. Roemer stated they would consider that. Consensus from Council was to proceed with the second solution of staging two rear load trucks at the Service Center on Hensley Lane from 8 a.m.-12 p.m. each Saturday with the City absorbing half the monthly cost increase and continue to allow call-in. RECONVENE INTO REGULAR SESSION Mayor Hogue convened the Council into Regular Session at 8:19 p.m. Mayor Hogue convened the Council into Executive Session at 8:20 p.m. 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 Minutes September 22,2020 Wylie City Council Page 6 for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.087.DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). • Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects 2018-1Oc, 2019-3a, 2019- 12a,2020-4c 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. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue convened the Council into Open Session at 9:02 p.m. ADJOURNMENT A motion was made by Councilman Porter, seconded by Councilman Wallis, to adjourn the meeting at 9:03 p.m. A vote was taken and motion passed 6-0 with Councilman Duke absent. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes September 22,2020 Wylie City Council Page 7 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: B Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: August 12,2020 Exhibits: Ordinance&Calendar Subject Consider and act upon, Ordinance No. 2020-49 setting the time and place for all regular City Council Meetings in the 2021 calendar year. Recommendation A motion to approve Ordinance No. 2020-49 setting the time and place for all regular City Council Meetings in the 2021 calendar year. Discussion The City of Wylie Home Rule Charter in Article III, Section 9 states that the City Council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held on the call of the mayor or a majority of the City Council members. By this Ordinance, the dates and times of all regular meetings in 2021 will be set. During the months of November and December one meeting per month has been scheduled due to the holidays. Upon request of the Council, special called meetings and work sessions can be scheduled at any times designated by the City Council and posted in accordance with the Texas Open Meetings Act. Page 1 of 1 ORDINANCE NO. 2020-49 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY SETTING THE REGULAR CITY COUNCIL MEETING DATES FOR CALENDAR YEAR 2021 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 2021. 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 4th Tuesdays for the first ten months of 2021 (January through October) and on the 2nd Tuesday in November and December 2021, which shall be on the following dates: January 12 and 26, 2021 July 13 and 27, 2021 February 9 and 23, 2021 August 10 and 24, 2021 March 9 and 23, 2021 September 14 and 28, 2021 April 13 and 27, 2021 October 12 and 26, 2021 May 11 and 25, 2021 November 9, 2021 June 8 and 22, 2021 December 14, 2021 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.2020-49 Ordinance Establishing Meeting Dates-Calendar Year 2021 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 13th day of October, 2020. Eric Hogue, Mayor ATTEST TO: Stephanie Storm, City Secretary Ordinance No.2020-49 Ordinance Establishing Meeting Dates-Calendar Year 2021 Page 2 of 2 2021 Wylie City Council Yearly Calendar February PIMESIMIT S M TWTIF S SIM TWT F S SM TWT F S 1 2 1 2 3 4 5 6 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8F 9 10 11 12 13 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 28 29 30 31 31 S M TWT F S SIMITWTIF S SMTWT F S 1 2 3 1 1 2 3 4 5 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 71.8 9 10 11 12 11 121113 14 15 16 17 9 101 11 12 13 14 15 13 14 15 16 17 18 19 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21I2 23 24 25 26 25 26 lli 28 29 30 23 24 L 5 26 27 28 29 27 28 29 30 30 31 August V MI September S M TWT F S S M TWT FIS S M TWT F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 121113 14 15 16 17 15 16 17 18 19 20 21 12 1314 15 16 17 18 18 19 20 21 22 23 24 22 234 25 26 27 28 19 20 21 22 23 24 25 25 26. 28 29 30 31 29 30 31 26 27 ka8 29 30 October * November December S M TWT F S S M TWT F S SMTWT F S 1 2 1 2 3 4 5 6 1 2 3 4 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 li - 10 11 mil 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 24 25. 27 28 29 30 28 29 30 26 27 28 29 30 31 31 2021 Council Dates IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 5,2020 Exhibits: 1 Subject Consider,and act upon,approval of a Final Plat for Redwood at the Lake Ph2 Addition,establishing two lots on 30.58 acres, generally located at the southeast corner of Vinson Road and County Line Road. Recommendation Motion to approve a Final Plat for Redwood at the Lake Ph2 Addition, establishing two lots on 30.58 acres, generally located at the southeast corner of Vinson Road and County Line Road. Discussion OWNER: Yes Communities APPLICANT: Sherwood Surveying& S.U.E. The property totals 30.58 acres and will establish two lots.Lot 2,Block A measures 28.42 acres and is zoned Manufactured Housing(MH). Lot 3,Block A measures 2.16 acres and is zoned Neighborhood Services(NS). The purpose of this plat is to establish two lots and record utility and private access easements for the expansion of the Redwood at the Lake manufactured housing community. A preliminary plat for this development was approved in March 2018. This development contains 118 units, each meeting the requirements of minimum lot width, depth, and size as required by the zoning ordinance. The units will be served by platted private streets with subdivision access points from County Line Road. 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. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 6-0 to recommend approval. Page 1 of 1 \ / Curve Table \\ / CURVE# LENGTH RADIUS DELTA CHORD BEARING CHORD TANGENT \ \' 'ck Cl 162.44 304.99 30.52 N32° 07'08"'W '160.53 83.20 F4.. ��/i ‹� ,�l WADDLETONANNJEANNIE ANN BROWN DRAIN EARLENE JONES - - \ 24 S�� \�O c.) ,), DOC. 1985017915601 DOC. 2016002023 ADAMS ADAMS DOC. 201500080744 - C2 127.04 255.00 28.55 NI31° 08'o1"'w 125.73 64.8i' DOC. 201.�0080744 \ FF Jy\O C�� 5 C O.P.IR.D.C.T. O.P.R.D.C.T. O.P.R.D.C.T. DOC. 201 8001 481328 DOC.O 201 70 D0)287306 O.P.R.D.C.T. - C3 26.95 30.00 51.47 NI71° 08'26"'W 26.05 14.46 O.P.R.D.C.T. G /� Ivi C4 202.30 60.00 193.19 NO° 16'53"w '119.21 519.10 \\ - C5 2'7.40 30.00 52.33 NI70° 08'48"'E 26.46 14.74 \ \\ -- \ 6 0' R.O.W. DEDICATION \ )/? /1 IT LINE - C6 244.74 305.00 45.97 NI66° 58'09"E 238.22 129.39 / - _ - - - - - - _COUNTY ROAD (F M 544;�_ _ _ \ (EX. PUBLIC STREET) C7 228.01 3'05.0'I 42.83 S68° 35'07"E 222.74 119.63 20' EFSUD 20' EFSUD b 60' R.O.W. DEDICATION I_ // - C8 28.69 '18.50 88.85 NI88° 24'21"E :25.90 18.13 EASEMENT 50' ACCESS EASEMENT __ 1 _ _ _ _S46 47' 5_0"E_463.96' _ __ __ - - __=1__ _ _S46° 24' 19"E_640.114' & F.A.F.A.U.E..E. C) 29.22 18.50 90.51 S1° 16' 19"E 26.28 18.66 __ _ _ 7 _ _ / ~ 389 64' 74.32' -- �? 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PRIVATE STREET) _ C15 29.23 '18.50 '90.53 S1° 16'51"E 26.28 18.67 _ LO C A / (PROP.CONCRETI_ P\/MT.;) g3.18'\ \ p 183.01 t _ C16 28.89 I8.50 89.47 NI88°43'09"E 26.04 18.33 - COUN1Y LINE 2. 1 E> ACRE> / 0 /<<\ ,i , C',2�' /�� ' ,� � C'� -�- - r - _� `0 3D�- 187.29� N46° 24'46"'W J C' C 17 29.06 18.50 90.00 NI 1° 01'06"VN 26.16 18.5CI / EX. 60' I �o�/ `SC>' ,�� 20' UTILITY I I _ c18 197.27 275.00 41.10 NI25° 28'05"'W '193.0'7 103.C19 - / R.O.W'. �' �/ /� '� 9�C'� �i E,ASEMEN T I _ C19 2'7.49 I8.50 85.13 NI47° 28'50"'W 25.03 16.99 - 10 UTILITY I_I TY' °� '` �_ _ __ I 20 UTILITY I I S26° I -, /4'V ,�\ / > s EASEMENT I C20 153.30 225.00 39.04 29'56 E 150.36 79.7Ei �� EASEMENT i 20' UTIL_ITY_ \ �_ -- - 50 ACCESS - - �� /�� ..] EASEMENT /� �,. -� & F A U.E. - '- I I I _ C22 2!a.06 I s.50 90.00 NI88° 58'54"E 26.16 18.5CI - / ao ,� / 4); /�/,, '� �- _i- -� 50' ACCESS B 0 U N D A R Y _ C24 28.36 I 8 .50 87.83 NIO° 04' 11"E= 25.66 17.81 - / "ocl I /� �/ O�/�F. ��'`�' \� _ - I I & FF.AiU.E. /� LINE _ C25 190.21 255.00 42.74 NI68°40'26"'W I85.83 99.78 - / /// / 20' UTIL 1TY IF '1 /l 1_0 r I 3'1.30 '18.50 '96.94 S41° 29' 18W 27.70 209I , o 1- EASEMENT �,I / � N LOT IBLOCK A _ C28 142.58 305.00 26.79 NI30° 15' 13"W 141.2!9 72.6�'. - w I BLOCK A MOBILE B I L E HOMES M E S ESTATES TAT E-S C29 28.29 18.50 87.63 NIO° 10'04"E 25.62 17.75 I II ,� // CO 4 •✓ I _ _ UTILITY ( �`� � c2o 2��.q 2 AC;R E_S V 0 I_. 2 0 0 0 21 1 6, P G.. 1 6 J C30 28.90 '18.50 89.49 NI88°43'39"'E :26.05 18.34. Zb NI- ° / L A S E M E N T �, Q:6•13.0\ (L) \ 151.32 -- L P [) C T C2'1 2!a.22 18.50 90.51 S 1° 16'21"E 26.28 18.66 I �r Q �o. ho< OPAL DRIVE I I - - L. 4 � / YES! COIVIPANIE INC . ° Ir �,, ,� (PROP. PRIVATE STREET) M _ C32 130.99 255.00 29.43 S58 41 51 W 129.5.5 66.9i - I I \ r I 8 �- -- -- I co C33 213.97 '18.50 89.73 NI61°43'26"'W :26.10 18.41 BRADDOCK PLACE ESTATES I / / 11 1 ' n - -- HOME �J _ - ° HOME OWNERS I P (� �20 UTILITY - -/ I C3428.90 I8.50 89.49 S88 43 41 W _6.05 18.34ASSOCIATION, INC. I o EASEMENT N 10' UTILITY DOC. 201700222658 g ►EC I - - I N _ C35 156.28 305.10 29.35 S58° 39'38"W 154.5'7 79.89 - O.P.R.D.C.T. II C /, �V - I I o EASEMENT _ C36 29.13 '18.50 '90.20 S28° 14'27"W :26.21 18.57' - OM j i -- -\ I b C37 135.82 255.00 30.52 S32° 0T 09"E 134.22 69.5Ei CO �- - - -J �- -- - - -- - - - �� - - --= I 1-1 ___ ___ __ __ ___ _] LIJ I -' i I 2 4:J -- -- -- II 20' UTILITY 2� UTILITYL_ J4 _ -- _EASEMENT w EASEMENT - - -Js' R-- -- -Lu cr - �' --� o-- - - -- - -- -- -- I- Lu �: < mmm W - ii N N w c JId X. 15' �TR .a- W NI. I c c� �� _ <� �_ DRAINAGE ESMT. ci /1EAMENT s ,;o ,,, `� N Dfs'AINAGfE ESMT. cr a I I \ RS-i ✓Id/ 20' ROW I a > �� 453.02' cn L �, o I w 15' STRM. I ' I I - -- -- -- -- - __ - - Lii - DE:DIcATIoN z. w : • L� c� DRAINAGE ESMT. / i ' y rr1m�an11:Ies C' w GARNET DRIVE c� • F- a �: a /c _____,-- Ia: a PRIVATE STREET) Q L� 0 n a I w \/ / CIo y -- -- -- 4.�3.02 -- - - -- 2.., CC I I - /Il I (PROP. _ C, -- -- o �� w Q > fL OWNER_ _ a- `� w 0 IX O N / YES! COMPANIES I /20' UTILITY o ° CL I I Q c% w �� REDWOOD AT THE LAKE CD o /\ \(\\ EA.�EMEN L �� , 12 w / - 12C►1 ALICIAANNDRIVE_- 20' ur1LI rY a Q \4pk.:1* : WYLIE, "TXT5095II - aR I w 2.\eSUBJECT w� I 1 L -- EASEMENTL L Li °- \ TRACT °"�� PHONE: 972-286-6905 a -- . - I ai X r -- -- - I N W f I w Y NN �, / ENGINEER I `>0' ACCESS- -- -- -- I - -- - -- -- - 000o I _ �� / \ \ TRC ENGINEERS, INC. I I \\e 4- 700 HIGHLANDER BLVD. SUITE 210 �-i _ cows� ARLINGTON, TX 76015 & F-.A.U.E. I I I LOT 1 .�% � 3 PHONE: 817-522-1000 m _�_ /�• I �> I 3LOCK A � / V !SURVEYOR C'1 '' V 0 311_E HOMES ESTATES `\c \Co l M � ` , ��g/ SHERWOOD SURVEYING & S.U.E. I tE)I `'��,- - -- -- -- -- -- -_ _- -_ _ __ I k VOL. 2 0'0 0 21 1 6 F'G. 1 6 3 - a \ 6477 FM 31, P.O. BOX 992 I L� I `� 453.02' ,) `s�'0 _` / , \�/ 1/ / SPRING BRANCH, TX 78070 SAPPHIRE D P. R. D.C.T. PHONE: 830-228-5446 I I _ RIVE C2,g�.1 I �� A I \\ �- -- -- -- ((PROP.PRIVATE STREET) - -- - - ��/ I YES/ CO M PA\ I ES, INC. IG' 502.74' -e- �, �s C33 D� 1 V\i'd z `� `� - 10 UTILITY C2 �, 'c' o o`'� \� EASEMENT 20' UTILITY_ i \_ ti eS II �� EASEMENT `o c; I / �� C`I� S47° 24' 13"E= \ �' \• LOCATION MAP I BOUNDARY - -- -- - - --_ - - -- ~ �� - � o � �_ 1„=1000 LINE I _ _ _ _ -Ei13.21'- - -- /� / 90.03 - / N45° 24':z2°w - - - - - --' �� o�°� ��c• SAPPHIRE DRIVE I /- \ ci __ - - 94.47' -�_ ® �k (E_X. PRIVATE STREET)adi LEGEND NN ��/ \ � )?b:19 80 4.0 0 80 160 I \ �\ 0 1/2"IRON ROD FOUND (UNLESS NOTED) II Jv \ \ \is) 1/2"IRON ROD SET 1M i I ��ti��o \ s s�`Oo-� 10' UTILITY O SCALE 1" = 80' I I /�5 \ " �� EASEMENT i___ N E3IR'DE)I,CK PLACE ESTATES II /// FRANCISCO MARTINEZ \ MARIIO 8c CLAUDIA GARCI\\ I OME OWNERS \ DOC. 2007019'1784 \ VOL. 216, PG.. 6400 \\ - -_--_ -300.61' _-- -_ - FINAL PLAT ASSOCIATION, INC. � COMMUNITY BOAT AND RV \ O.P.R.D.C.T. \ O.P.F;.D.C•T• - rv47° 29' 01 201700222658 STORAGE, LLC \ R1EID�NC)C>D� AT THE O.P.R.D.C.T. DOC. 201 9003213186 \ _ i, O.P.R.D.C.T. \ \ /N\ HOLLON E3 TR & BERNICE G ALLARD LAKE, PHASE 2 / \ 2820 VINSC►N RD \, / \ / \ WYLIE, TX 75098 SUBDIVISION ISION, LOTS 2 \ \ \ r I / \ / AND �3, IBLOCK A / A N Y \ 30.5►8 ACRES \ / NOTE: lArrSFIERV001 () 1131. \ 1. NC) APPURTENANCE BETWEEN THE HEIGHT A SUBDIVISION OF DALLAS COUNTY CONTAINING \ / \ OF 2' AND 9' MAY BE PLACED IN THE 30.58 ACRES OF LAND, MORE. OR LESS, BEING r.,, SURVEYING & S.IU.E. \ VISIBILITY TRIANGLE EASEMENTS. PART OF THE 96.23 ACRE TRACT AS RECORDED IN UTILITIES I RIESIDE:NTIAL I COMMERCIAL I INDUSTRIAL. / \ VOLUME 200049 PAGE 3497 VESTED IN YES I k 647'7 FM 311, P.O. BOX 992 TBPLS FIRM#10044200 \ COMPANIES, LLC. SPRING BRANCH, TEXAS 78070 \ 2. ALL 27 FT WIDE STREETS SHALL NOT 11 PHONE (830) 228-5788 FAX (830) 885-217C) \ / HAVE PARKING ALLOWED ON EITHER SIDE. AUGUST 2020 SHEET rMMMMMMMMMMMMMMMMr�� I M MMMMMMM \ M� �� NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT YES! COMPANIES, INC., ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE NOTE: 1. NO APPURTENANCE BETWEEN THE HEIGHT HEREIN ABOVE DESCRIBED PROPERTY AS LOTS 2 AND 3, BLOCK A, REDWOOD AT THE LAKE PHASE 2, AN ADDITION TC) THE CITY OF WYLIE, TEXAS, AND OF 2' AND 9' MAY BE PLACED IN THE DOES HEREBY DEDICATE, IN FEE SIMPLE, TO THE PUBLIC USE FOREVER, THE STREETS, RIGHTS-OF-WAY, AND OTHER PUBLIC IMPROVEMENTS-SHOWN VISIBILITY TRIANGLE EASEMENTS. FI:ELD:NOTE: DESCRIPTION THEREON. THE STREETS AND ALLEYS, IF ANY, ARE DEDICATED FOR STREET PURPOSES. THE EASEMENTS AND PUBLIC USE FOREVER, THE STREETS, RIGHT OF WAY, AND OTHER PUBLIC FOREVER, FOR THE PURPOSES INDICATED ON THIS PLAT. NO BUILDINGS, FENCES, TREES, SHRUBS OR OTHER 2. ALL 27 FT WIDE STREETS SHALL NOT 30.580 ACRES IMPROVEMENTS OR GROWTHS SHALL BE CONSTRUCTED OR PLACE UPON, OVER OR ACROSS THE EASEMENTS AS SHOWN, EXCEPT THAT LANDSCAPE HAVE PARKING ALLOWED ON EITHER SIDE. BEING A 30 .580 ACRE TRACT OF LAND SITUATED IN THE E.M. PRICE SURVEY, IMPROVEMENTS MAY BE PLACED IN LANDSCAPE EASEMENTS, IF APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE. IN ADDITION, UTILITY ABSTRACT NUMBER 1114, DALLAS COUNTY, TEXAS, AND BEING PART OF A CALLED EASEMENTS MAY ALSO BE USED FOR THE MUTUAL USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES DESIRING TO USE OR USING THE SAME UNLESS 34 . 552 ACRE TRACT AND PART OF A CALLED 23 . 477 ACRE TRACT, RECORDED IN THE EASEMENT LIMITS THE USE TO PARTICULAR UTILITIES, SAID USE BY PUBLIC UTILITIES BEING SUBORDINATE TO THE PUBLIC'S AND CITY OF WYLIE'S DOCUMENT NUMBER 201600228831, OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS. SAID 30 . 580 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: USE THEREOF. BEGINNING AT A FOUND 5/8" IRON ROD, FOR THE NORTHEASTERLY CORNER OF A CALLED THE CITY OF VVYLIE AND PUBLIC UTILITY ENTITIES SHALL HAVE THE RIGHT TO REMOVE AND KEEP REMOVED ALL OR PARTS OF ANY BUILDINGS, FENCES, 2 . 90 ACRE TRACT, RECORDED IN DOCUMENT NUMBER 201500321386, OFFICIAL PUBLIC TREES, SHRUBS C)R OTHER IMPROVEMENTS OR GROWTHS WHICH MAY IN ANY WAY ENDANGER OR INTERFERE WITH THE CONSTRUCTION, RECORDS, DALLAS COUNTY, TEXAS, AND FOR THE NORTHWESTERLY CORNER OF A CALLED MAINTENANCE, OR EFFICIENCY OF THEIR RESPECTIVE SYSTEMS IN SAID EASEMENTS. THE CITY OF WYLIE: AND PUBLIC UTILITY [ENTITIES SHALL_ AT ALL 2 .37 ACRE TRACT, RECORDED IN DOCUMENT NUMBER 20070191784, OFFICIAL PUBLIC TIMES HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO OR FROM THEIR RESPECTIVE EASEMENTS FOR THE PURPOSE OF CONSTRUCTING, RECORDS, DALLAS COUNTY, TEXAS; RECONSTRUCTING, INSPECTING, PATROLLING, MAINTAINING, READING METERS, AND ADDING TO OR REMOVING ALL OR PARTS OF THEIR RESPECTIVE THENCE ALONG THE NORTHERLY LINE OF SAID 2 . 90 ACRE TRACT,, N 88°32 ' 39" W, A SYSTEMS WITHOUT THE NECESSITY AT ANY TIME PROCURING PERMISSION FROM ANYONE. DISTANCE OF 272 . 06 FEET TO A FOUND 1/2" IRON ROD; THIS PLAT APPROVED SUBJECT TO ALL PLATTING ORDINANCES, RULES, REGULATIONS AND RESOLUTIONS OF THE CITY OF VVYLIE, TEXAS. THENCE N 36°57 ' 14" E, A DISTANCE OF 578 .22 FEET TO A FOUND 1/2" IRON ROD IN THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF VINSON ROAD; WITNESS MY HAND AT TEXAS, THIS THE DAY OF , 2020. THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF VINSON ROAD, N 48°46 ' 08" E, A DISTANCE OF 614 . 65 FEET TO A FOUND 1/2" IRON ROD AT THE BEGINNING OF A CUTBACK; YES! COMPANIES, INC. THENCE ALONG SAID CUTBACK, N 83°49 ' 18" E A DISTANCE OF 131 . 13 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") IN THE SOUHTWESTERLY RIGHT-OF-WAY LINE OF COUNTY LINE ROAD; - ADAM 13UCZEK, DIRECTOR THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF COUNTY LINE ROAD, THE FOLLOWING COURSES: OWNER'S DEDICATION STATEMENT S 46°47 ' 50" E, A DISTANCE OF 463. 96 FEET TO A SET 1/2" IRON ROD (WITH CAP WATERLINE AND WATER LINE APPURTENANCES STAMPED "SHERWOOD SURVEYING") ; S 46°24 ' 19" E, A DISTANCE OF 640 . 14 FEET TO A SET 1/2" IRON ROD (WITH CAP NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS: STAMPED "SHERWOOD SURVEYING") FOR THE NORTHERLY CORNER OF LOT 1, BLOCK THAT, , ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICER, DOES HEREBY ADOPT THIS PLAT DESIGNATED HEREON A, MOBILE HOME ESTATES, VOLUME 2002116, PAGE 163, PLAT RECORDS, DALLAS AS LOTS 2 AND 3, BLOCK A, REDWOOD AT THE LAKE, PHASE 2, AN ADDITION TO THE CITY OF WYLIE, TEXAS AND DOES HEREBY DEDICATE ALL SUCH COUNTY, TEXAS; WATER LINES, VALVES, AND WATER SYSTEM APPURTENANCES TO THE EAST FORK SPECIAL UTILITY DISTRICT EXECUTED THIS THE DAY OF THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 , THE FOLLOWING COURSES : _, 2'020 S 43°35 ' 14" W, A DISTANCE OF 149. 91 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") ; STATE OF TEXAS N 46°24 ' 46" W, A DISTANCE OF 93 . 18 FEET TO A SET 1/2" IRON ROD (WITH COUNTY OF COLLIN CAP STAMPED "SHERWOOD SURVEYING") ; BEFORE ME, THE UNDERSIGNED , A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED ADAM BUICZEK, S 44°04 ' 11" W, A DISTANCE OF 940 . 97 FEET TO A SET 1/2" IRON ROD (WITH KNOWN TC) ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOVVLEDGED TO ME THAT HE EXECUTED CAP STAMPED "SHERWOOD SURVEYING") ; SOME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED. S 47°24 ' 13" E, A DISTANCE OF 90 .03 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") ; GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 2020. S 42°35 ' 47" W, A DISTANCE OF 50 .00 FEET TO A SET 1/2" IRON ROD (WITH CAP STAMPED "SHERWOOD SURVEYING") ; S 47°24 ' 13" E, A DISTANCE OF 23 . 92 FEET TO A SET 1/2" IRON ROD (WITH CAP _ STAMPED "SHERWOOD SURVEYING") ; NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS OWNERYES! COMPANIES S 42°46 ' 56" W, A DISTANCE OF 119. 58 'TO A FOUND 5/8" IRON ROD IN THE MY COMMISSION EXPIRES: REDWOOD AT THE LAKE NORTHEASTELRY LINE OF A CALLED 209. 75 ACRE TRACT, RECORDED IN VOLUME 4169, - - ‘Zil 1201 ALICIA ANN DRIVE PAGE 7329, OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS; 1 WYLIE, TX 75095 "RECOMMENDED FOR APIPRC)VAL_ .��1, PHONE: 972-286-6905 THENCE ALONG THE NORTHEASTERLY LINE OF SAID 209 .75 ACRE TRACT, communities N 47°29 ' 01" W, A DISTANCE OF 300 . 61 FEET TO A SET 1/2" IRON ROD (WITH ENGINEER CAP STAMPED "SHERWOOD SURVEYING") IN THE EASTERLY LINE OF A TRC ENGINEERS, INC. CALLED 1 . 117 ACRE TRACT, RECORDED IN VOLUME 216, PAGE 6400,, OFFICIAL - - 700 HIGHLANDER BLVD. SUITE 210 PUBLIC RECORDS, DALLAS COUNTY, TEXAS; CHAIRMAN, PLANNING & ZONING COMMISSION DATE: ARLINGTON, TX 76015 CITY OF WYLIE, TEXAS PHONE: 817-522-1000 THENCE ALONG THE EASTERLY LINE OF SAID 1 . 117 ACRE TRACT, N 06°35 ' 49" W A DISTANCE OF 231 . 00 'TO A FOUND 5/8" IRON ROD FOR THE NORTHEASTERLY CORNER. APPROVED FC)R CONSTRUCTION SURVEYOR OF SAID 1 . 117 ACRE TRACT; SHERWOOD SURVEYING & S.U.E. 6477 FM 31, P.O. BOX 992 THENCE ALONG THE NORTHEASTERLY LINE OF SAID 1 . 117 ACRES AND THE SPRING E3RANCH, TX 78070 AFOREMENTIONED PHONE: 830-2.28-5788 2 .37 ACRE TRACT, N 45°24 '22" W, A DISTANCE OF 513. 21 FEET TO THE POINT OF _ - - BEGINNING, CONTAINING AN AREA OF 30 . 580 ACRES OF LAND MORE OR LESS. MAYOR, CITY OF VVYLIE, TEXAS DATE: ACCEPTED MAYOR, CITY OF WYLIE, TEXAS DATE: FINAL PLAT THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS, HEREBY CERTIFIES THAT THE FOREGOING FINAL PLAT OF LOTS 2 AND 3, REDWOOD AT 'THE BLOCK A, REDWOOD AT THE LAKE, PHASE 2, SUBDIVISION OR ADDITION TO THE CITY OF WYLIE WAS SUBMITTED TO THE CITY COUNCIL ON THE LAKE, PHASE 2 DAY OF _ , 2019 AND THE COUNCIL, BY FORMAL ACTION, THEN AND THERE ACCEPTED THE DEDICATION OF STREETS, ALLEY, c T AUPATHORIZED KS, THE MAYOR TO NOTE ENT, PUBLIC THE AC AND CEPTANCE TER AND 1EWER LINES AS THEREOF BY SIGNINGIO1N AND SET FORTH IN AND HIS NAME AS HEREINABOVE SUUBSCR BED.ON SAID PLAT AND SAID COUNCIL FURTHER SUIBDIVIS►ION., LO I S 2 WITNESS MY HAND THIS. _ DAY OF , A.D., 2020. AND 3, BLOCK A 30.58 ACRES A SUBDIVISION OF DALLAS COUNTY CONTAINING CITY SECRETARY 30.58 ACRES OF LAND, MORE OR LESS, BEING CITY OF WYLIE, TEXAS PART OF THE 96.23 ACRE TRACT AS RECORDED IN VOLUME 200049 PAGE 3497 VESTED IN YES SURVEYOR'S CERTIFICATE COMPANIES, LLC. AUGUST,, 2020 KNOW ALL MEN BY THESE PRESENTS THAT I, RICHARD A. GOODWIN, DO HEREBY CERTIFY THAT I PREPARED THIS FINAL PLAT AND THE FIELD NOTES FROM AN ACTUAL AND ACCURATE SURVEY OF THE LAND, THAT THE CORNER MONUMENTS SHOWN THEREON WERE PROPERLY PLACED UNDER MY PERSONAL SUPERVISION IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS OF THE CITY OF WYLIE, TEXAS. RICHARD A. GOODWIN DATE: o )71 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4069 .•s ' r'r SHERWOOD SURVEYING, LLC. T.B.P.L.S. REGISTRATION NO. 10044200 RICHARD A.GOODWIN )I� 4069 THE STATE OF TEXAS y:5°,Es s G?a� COUNTY OF COMAL � SUR'�� BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED RICHARD A. GOODWIN, '! H E. F�IIN� � ' D KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED A SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. 0°44 5URV1=Y'ING 8t UTILITIES I RESIDENTIAL I COMMERCIAL I INDUSTRIAL GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF , 2020. 6477 FM 311, P.O. BOX 992 TBPLS FIRM#10044200 SPRING BRANCH, TEXAS 78070 _ PHONE (830) 228-5788 FAX (830) 885-2170 SHEET 1 OF 2 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: 121-5622-58150 Date Prepared: September 29,2020 Exhibits: 2 Subject Consider,and act upon,Ordinance No.2020-50 amending Ordinance No.2020-44(2020-2021 Budget)for proposed budget amendments for fiscal year 2020-2021;providing for repealing,savings and severability clauses;and providing an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2020-50 amending Ordinance No. 2020-44 (2020-2021 Budget) for proposed budget amendments for fiscal year 2020-2021;providing for repealing,savings and severability clauses;and providing an effective date of this ordinance. Discussion The Twin Lakes Trail Project was expected to be finished prior to the end of fiscal year 2019-2020 and a carry forward of funds was not included in the fiscal year 2020-2021 budget. As of September 30, 2020, $207,000 of the $286,059 project has been paid and the project is not yet complete. This amendment is a request to carry forward the remaining $79,059 to the fiscal year 2020-2021 budget. The project was unable to be completed in the fiscal year 2019-2020 due to construction and weather delays. The project is expected to be completed in the next 6-8 weeks. Funding for this project is in the Parkland Acquisition and Improvement Fund,this fund can only be utilized for park development. The project is currently on budget and this amendment does not request any new funding for the project,it just allows the project to be completed in the new fiscal year with the remaining funding originally allocated to the project. Page 1 of 1 ORDINANCE NO. 2020-50 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2020-44, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2020-2021; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2020-44 setting forth the Budget for Fiscal Year 2020-2021 beginning October 1, 2020, and ending September 30, 2021; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS,based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS,the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS,the City Council has determined that the proposed amendments to the FY 2020- 2021 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2020-2021 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2020-50, are, completely adopted and approved as amendments to the said FY 2020-2021 Budget. SECTION II: All portions of the existing FY 2020-2021 Budget and Ordinance No. 2020- 44, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause,phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: 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. Ordinance No.2020-50—City Council Budget Amendment FY 2020-2021 SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this 1 3th day of October, 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No.2020-50—City Council Budget Amendment FY 2020-2021 Budget Amendment Exhibit A Twin Lakes Trail Project - Parks A&I Central Zone Fund Department Account Number Account Description Debit Credit 121 5622 58150 Land Betterments 79,059.00 79,059.00 - IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: E Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Various Date Prepared: September 29,2020 Exhibits: 2 Subject Consider,and act upon,Ordinance No.2020-51 amending Ordinance No.2020-44(2020-2021 Budget)for proposed budget amendments for fiscal year 2020-2021;providing for repealing,savings and severability clauses;and providing an effective date of this ordinance. Recommendation Motion to approve Ordinance No. 2020-51 amending Ordinance No. 2020-44 (2020-2021 Budget) for proposed budget amendments for fiscal year 2020-2021;providing for repealing,savings and severability clauses;and providing an effective date of this ordinance. Discussion The Library received a reimbursement grant from the Texas State Library and Archives Commission. The grant includes items that will build access to digital technology and improve the Library's services during this time of physical distancing. The Library will purchase the following items at a cost of$24,909: 25 Mobile Hotspots for check out; 12 months of unlimited high speed-$8,715 5 Chromebooks for Staff-$1,915 4 Laptops for patrons- $4,800 Tutor.com for homework assistance; 12-month service- $7,480 Springshare LibAnswers to enhance reference assistance both virtually and in person- $1,999 The purchases will support these identified needs: 1) Support learning at home; 2) Remote services to patrons; and 3) Physical distancing within the Library. Once the items are purchased, the Texas State Library and Archives Commission will reimburse the Library. The reimbursement funds will be placed back into the General Fund for a neutral overall impact to the General Fund. Page 1 of 1 ORDINANCE NO. 2020-51 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2020-44, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2020-2021; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2020-44 setting forth the Budget for Fiscal Year 2020-2021 beginning October 1, 2020, and ending September 30, 2021; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS,based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS,the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS,the City Council has determined that the proposed amendments to the FY 2020- 2021 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2020-2021 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2020-51, are, completely adopted and approved as amendments to the said FY 2020-2021 Budget. SECTION II: All portions of the existing FY 2020-2021 Budget and Ordinance No. 2020- 44, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause,phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: 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. Ordinance No.2020-51—City Council Budget Amendment FY 2020-2021 SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,this 1 3th day of October, 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No.2020-51—City Council Budget Amendment FY 2020-2021 Budget Amendment Exhibit A Library Grant from TSLAC Fund Department Account Number Account Description Debit Credit 100 4000 43420 Lone Star& Library Grants 24,909.00 100 5551 56040 Special Services 7,480.00 100 5551 56110 Communications 8,715.00 100 5155 52130 Tools & Equipment 6,715.00 100 5155 54810 Computer Software 1,999.00 24,909.00 24,909.00 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: F Department: Public Works (City Secretary's Use Only) Prepared By: Tim Porter Account Code: 413-5413-58110/58210 Date Prepared: September 30,2020 Exhibits: TxDOT Agreement Subject Consider, and act upon, Resolution No. 2020-57(R) authorizing the City Manager of the City of Wylie, Texas, to execute the Agreement to Contribute Right of Way Funds (Fixed Price) between the State of Texas through the Department of Transportation and the City of Wylie concerning the improvements on Highway No. FM 544 at FM 1378. Recommendation Motion to approve Resolution No. 2020-57(R) authorizing the City Manager of the City of Wylie, Texas, to execute the Agreement to Contribute Right of Way Funds (Fixed Price) between the State of Texas through the Department of Transportation and the City of Wylie concerning the improvements on Highway No. FM 544 at FM 1378. Discussion In August 2019 the Texas Depai talent of Transportation(TxDOT)began working on a design for FM 544 and County Club Road intersection improvements. Improvements are needed in this area to improve traffic flow through the intersection, roadway capacity, and safety. Previously, TxDOT submitted 30% design plans to the City for review, and in September 2020 City Council approved a Resolution supporting the TxDOT schematic layout of the proposed FM 544 and FM 1378 intersection. In order to proceed with the project, TxDOT requires a 10% participation match from the local government for right-of- way acquisition and utility relocation/adjustment along the corridor in advance of the roadway construction. As this participation represents approximately 3%of the total estimated TxDOT project cost and a portion lies within the boundary of the 6-lane roadway expansion of Woodbridge Parkway(south of the intersection with FM 544) outlined in the current Thoroughfare Study, staff requests the use of West Thoroughfare Impact Fees to fund. Staff recommends approval of the Resolution authorizing the City Manager to execute the attached agreement outlining $80,572.20 in funding for right-of-way and utility relocation improvements on Highway No. FM 544 at FM 1378. Page 1 of 1 RESOLUTION NO. 2020-57(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS(FIXED PRICE)BETWEEN THE STATE OF TEXAS THROUGH THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF WYLIE CONCERNING IMPROVEMENTS ON HIGHWAY NO. FM 544 AT FM 1378. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas,the Agreement to Contribute Right of Way Funds (Fixed Price) between the State of Texas through the Department of Transportation and the City of Wylie concerning the improvements on Highway No. FM 544 at FM 1378. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 13th day of October, 2020. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No.2020-57(R)Contribute Right of Way Funds(Fixed Price)Between the State of Texas Through the Department of Transportation and the City of Wylie Concerning Improvements on Highway No.FM 544 at FM 1378. 1 EXHIBIT "A" TxDOT Agreement Resolution No.2020-57(R)Contribute Right of Way Funds(Fixed Price)Between the State of Texas Through the Department of Transportation and the City of Wylie Concerning Improvements on Highway No.FM 544 at FM 1378. 2 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB fTexas Department of Transportation 4777 US HIGHWAY 80 EAST,MESQUITE,TX 75150-6643 1214.320.6100 I WWW.TXDOT.GOV September 30, 2020 Chris Hoisted, City Manager City of Wylie c/o Tim Porter, Public Works Dir. 300 Country Club Road, Suite 300 Wylie Texas, 75098 RE: Collin County RCSJ 0619-03-063, CCSJ 0619-03-061 FM 544 at FM 1378 Dear Mr. Hoisted, Enclosed for your execution are three "Agreement to Contribute Right of Way Funds (Fixed Price)" agreements for the City of Wylie, and the project stated above. Please sign and return the following to the address stated below: three original agreements; approval ordinance and/or resolution; OR certified minutes along with a contribution check. Once final signatures are obtained,the City will have a fully executed agreement returned. Texas Department of Transportation (TxDOT) Attention: Tresa Mixon - ROW 4777 US Highway 80 East Mesquite, Texas 75150-6643 Please understand that TxDOT cannot proceed with ROW acquisition until this process is completed. If you have any questions, please contact Tresa Mixon at(214) 319-3546. Sincerely, DocuSigned by: "-CD610F6E0D584EF... John Hudspeth, P.E. Director of Transportation, Planning and Development Attachments DS cc: Craig Dearm n V OUR VALUES: People •Accountability• Trust• Honesty OUR MISSION: Connecting You With Texas An Equal Opportunity Employer DocuSign Envelope ID: 1CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: - - - CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS (FIXED PRICE) THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, (the "State"), and City of Wylie, Texas, acting through its duly authorized officials (the "Local Government"). WITNESSETH WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State shall design, construct, and operate a system of highways in cooperation with local governments; and WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. FM 544 at FM 1378, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities (the "Project"); and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Government desires to enter into a fixed price joint participation agreement pursuant to 43 TAC §15.52 to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 20 , which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW THEREFORE, the State and the Local Government do agree as follows: Agreement to Contribute - Fixed Price Page 1 of 10 Revised 11/9/2017 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development AGREEMENT 1. Agreement Period This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Termination This agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties is shown in Attachment C. The Local Government shall pay to the State the amount shown in Attachment C as its required contribution of the total cost of the Project and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. The Local Government's fixed price contribution set forth in Attachment C is not subject to adjustment unless: 1. site conditions change; 2. work requested by the Local Government is ineligible for federal participation; or 3. the adjustment is mutually agreed on by the State and the Local Government. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of Agreement to Contribute - Fixed Price Page 2 of 10 Revised 11/9/2017 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. E. Notwithstanding that this is a fixed price agreement, the Local Government agrees that in the event any existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re-plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100%) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive will be determined by the State at its sole discretion. F. If the Local Government is an EDC and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. G. If the Project has been approved for an "incremental payment" non-standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the incremental payment schedule. 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State Agreement to Contribute - Fixed Price Page 3 of 10 Revised 11/9/2017 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written supplemental agreement. 6. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, to the following addresses: Local Government: State: Chris Hoisted, City Manager Director of Right of Way Division do Tim Porter, Public Works Director Texas Department of Transportation 300 Country Club Road, Suite 300 125 E. 11th Street Wylie, Texas 75098 Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other party. Agreement to Contribute - Fixed Price Page 4 of 10 Revised 11/9/2017 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development 7. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this agreement. 12. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Agreement to Contribute - Fixed Price Page 5 of 10 Revised 11/9/2017 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 15. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. Agreement to Contribute - Fixed Price Page 6 of 10 Revised 11/9/2017 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity and attachments found at web address http://txdot.gov/business/business outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this Agreement to Contribute - Fixed Price Page 7 of 10 Revised 11/9/2017 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 22. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows Federal government to track the Agreement to Contribute - Fixed Price Page 8 of 10 Revised 11/9/2017 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of $750,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://txdot.gov/inside-txdot/office/audit/contact.html C. If expenditures are less than $750,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Agreement to Contribute - Fixed Price Page 9 of 10 Revised 11/9/2017 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Rose Wheeler Contracts & Finance Director Right of Way Division Texas Department of Transportation Date Agreement to Contribute - Fixed Price Page 10 of 10 Revised 11/9/2017 DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Agreement to Contribute ROW Funds Page 1 of 1 Attachment A DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT - I515l I t I 76 z ' b 1461 — ':ERChl i vri 433 RHEA o rl z M i L L ,i Di 1196 75 '977 1377 I 439 21'6 2933 J ,3 2'36 TS ii 1.1 1f r N':'. ?638 ii V I [ %AC KINNEY • PRI\WETO 4 E 546 F 7, — iss; 7:kiaIII_ KA3364 21509) 71 "r Eifi ALL EN 982 T 78 2551 1 •;7a I La�•I��v . r 1 LA 4E 1138 /� 6 �ree Lfi'JG� NEVrll7rl I'LAND SHEPICN — . 1.'. {.'H `'� f 544 st' 2'55 42e3 I . z5 J saa c m ---1----------_ DALLAS Co. BEGIN PROJECT RocKwALL Co. CSJ O619-03-061 I END PROJECT STA 390+ 15. 96 I CSJ 0619-03-061 C CS) TRM 604 +0. 797 STA 41 0+36. OO - - - - ,TRM 604+ 1 , .1 60 Agreement to Contribute ROW Funds Page 1 of 1 Attachment B DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB County COLLIN District DALLAS ROW CSJ 0619-03-063 CCSJ # 0619-03-061 Federal Project#: --- CFDA Title: Highway Planning & Construction CFDA# 20.205 Federal Highway Administration Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE Agreement to Contribute ROW Funds Page 1 of 2 Attachment C DocuSign Envelope ID: 1 CC7299C-9A10-4365-B408-2A96C8CD9OBB ® Texas Department of Transportation County Collin Federal Project# District Dallas District CFDA Title: Highway Planning and Construction ROW CSJ# 0619-03-063 FHWA CFDA#20.205 CCSJ# 0619-03-061 Federal Highway Administration Not Research and Development Standard Agreement to Contribute State Performs Work Attachment C Participation Total% Description Total Estimated Cost State Local (should be Cost % Cost 100%) Right of Way Acquisition $458,606.00 90.0% $412,745.40 10.0% $45,860.60 100.0% Reimbursable Utility Adjustments $347,116.00 90.0% $312,404.40 10.0% $34,711.60 100.0% Joint Bid- Reimbursable $0.00 $0.00 $0.00 0.0% Utility Adjustments TOTAL $805,722.00 $725,149.80 $80,572.20 Fixed Amount Except as otherwise provided in the Agreement,the fixed amount of Local Government participation will be that amount provided above. 2 of 2 Revised 7/31/2018 RESOLUTION NO. 2020-49(R) t. 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. ce 1 £ Eric.Togue,.M y r ATTEST: i,n JitteiNta-M-U.--‘ �, Stephanie Storm, City Secretary �`. = �a � iResolution No.2020-49(R)Supporting TxDOT's Pro ced�fiein`tic"of Intersection Improvements at FM 544&Country Club Road Page 1 of 1 AA�� •. ►' w. \T . ii / ' ,. s. -4 .. i i tei, r�flL. / �` ''S! • III t �' _ R ..t. . ;if w* 4.4 / 1 .. lie 0 0,,,, . • g . .,.. , pi • a• • .. ...' ro:E: • ill r r • Ir.'j11 04* . . . .1 1, O. ," * • , • 4...;; ..• 1.' .ir - a .. 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" " '. , 'y al - v !"..„,.. v.: :,..........._______.L. _.,_________________________„,_ . . ______-_ _-- _ _ __ -- mi.._2 i ...---.._=2______ _ _ __'_ ----.. .=..,--------.----- ____ imui!ir Pi __ 4, 1111 '- . i 1 mf: # --- -- II , ..........kodismataideimihimaminedirdis.......iisawaillasiiii..„. aMMAIIIII -- ..._ 1. .. —�— ' sl. •+ r .+ 10 It Y 9�I ► _ Pt 1 ' ""ice _. _fr. JO 4. I ,jF � t.... y t � r � f ifa l,. - , �; +� WO „ .4-- , - 1 . / '1A11:15.7-‘11(4014,‹r -RIL'-.., alt ipti kit' IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: G Department: City Manager (City Secretary's Use Only) Prepared By: Brent Parker Account Code: Date Prepared: October 2,2020 Exhibits: Exhibit F Subject Consider, and act upon, the approval of the second modification to contract #W2018-118-A Solid Waste & Recycling Services with Community Waste Disposal L.P., adjusting the billing rates effective October 13, 2020, and authorizing the City Manager to execute any necessary documents. Recommendation Motion to approve the second modification to contract #W2018-118-A Solid Waste & Recycling Services with Community Waste Disposal L.P., adjusting the billing rates effective October 13, 2020, and authorizing the City Manager to execute any necessary documents. Discussion A solid waste and recycling contract renewal was approved with Community Waste Disposal(CWD) effective September 1, 2018. During the September 22, 2020 work session, Council gave direction to move forward with adding a bulk/brush drop-off option for residents. The program will allow residents to drop-off bulk/brush on each Saturday of the month from 8 a.m.-12 p.m. CWD will provide two rear load trucks and drivers. The location will be 949 Hensley Lane. The cost to the city is $0.46 of which $0.23 will be passed on to the resident. The new monthly rate will be $13.39. This modification is reflected by adding Exhibit F to the current contract W2018-118-A. Page 1 of 1 Exhibit "F" City of Wylie, Texas Effective, October 1, 2020 City of Wylie's Saturday Brush and Bulk Drop-Off Contractor will provide 2 (Two) Rear Load vehicles once per week on Saturdays for the drop off of Acceptable Bulk and Brush. Vehicles will be available from 8:00 am to Noon or other mutually agreed times, not to exceed four (4) hours. City and Contractor will mutually agree on a site for the Drop- Off event. If a legal holiday as defined in the contract occurs on a Saturday, the Drop-Off event will not take place. See below for Acceptable items: Acceptable Brush Tree limbs and shrubs weight less than 50 pounds and no longer than 10 feet. Acceptable Bulk 1. Fence panels no larger than 4' X 6' 2. Furniture 3. Bundled carper 4' in length Prohibited Bulk Items 1. Commercial construction and remodeling debris 2. Household hazardous waste (paint, motor oil, house hold chemicals) 3. Tires 4. Batteries 5. Propane Tanks Limits Six Cubic Yards - Six Cubic Yards Equals Six Washers or Three Full-Size Couches Charge: Contractor will bill the City $0.46 per home per month. IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: H Department: City Manager (City Secretary's Use Only) Prepared By: Brent Parker Account Code: Date Prepared: October 2,2020 Exhibits: Subject Consider, and act upon, Ordinance No. 2020-52 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section II (Garbage, Trash and Brush Fees), Subsection A (Residential Fee; Deposits). Recommendation Motion to approve Ordinance No. 2020-52 amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section II (Garbage, Trash and Brush Fees), Subsection A (Residential Fee; Deposits). Discussion A solid waste and recycling contract renewal was approved with Community Waste Disposal(CWD) effective September 1, 2018. During the September 22, 2020 work session, Council gave direction to move forward with adding a bulk/brush drop-off option for residents. The program will allow residents to drop-off bulk/brush on each Saturday of the month from 8am-12pm. CWD will provide two rear load trucks and drivers. The location will be 949 Hensley Lane. The cost to the city is$0.46 of which$0.23 will be passed on to the resident. The new monthly rate will be $13.39. Page 1 of 1 ORDINANCE NO. 2020-52 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,AMENDING WYLIE'S CODE OF ORDINANCES,ORDINANCE NO. 2005-07, AS AMENDED, APPENDIX C (WYLIE COMPREHENSIVE FEE SCHEDULE), SECTION II (GARBAGE, TRASH, AND BRUSH FEES), SUBSECTION A (RESIDENTIAL FEE; DEPOSITS),; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has adopted a comprehensive fee schedule ("Comprehensive Fee Schedule") for the City of Wylie, Texas ("Wylie"), which is codified in Appendix C to the Wylie Code of Ordinances, Ordinance No. 2005- 07, as amended("Code of Ordinances"); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend the following provisions of the Comprehensive Fee Schedule as provided herein: Section II(Garbage, Trash, and Brush Fees), Subsection A(Residential Fee; Deposits). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Appendix C (Wylie Comprehensive Fee Schedule)of the Wylie Code of Ordinances. Appendix C(Comprehensive Fee Schedule)of the Code of Ordinances is hereby amended as follows': WYLIE COMPREHENSIVE FEE SCHEDULE II. GARBAGE, TRASH AND BRUSH FEES. A. Residential Fee; Deposits (1) The collection and removal of garbage, rubbish and brush in one (1) polycart container from residential premises, one (1) time per week and one (1) recycle polycart one (1) time per week, shall be made for a charge of thirteen dollars and thirty-nine cents ($13.39)per residential unit for each calendar month. 1 Deletions are evidenced by strikethrough. Ordinance No.2020-52 Amendment to the Wylie Comprehensive Fee Schedule Page 1 2093673 (2) Residential fees for each unit of single-family detached or duplex (not master metered) either curbside or alley side service, shall be thirteen dollars and thirty-nine cents ($13.39) per month and shall be charged each month on the utility bill. (3) The following monthly collection fees are based upon the type of establishment or collection, to wit: (a) Duplex,per unit . $13.39 per unit (b) Multifamily $13.39 per unit (c) Residential (multi-family) apartment recycling.$0..74 per unit (c) Trailer park $13.39 per unit (4) Each additional trash polycart $4.07 (5) Each additional recycle polycart $2.30 (6) Replace lost/stolen trash or recycle polycart (each) $94.94 (7) Trash only service deposit(no water or sewer account) $20.00 (8) Residential open top roll off container Delivery-weekday $79.92 Delivery-weekend $102.11 Trip charge (dry run) -weekday $79.92 Trip charge (dry run) -weekend $102.11 Weekly rental $39.32 12 cubic yard per haul—weekday ** $337.59 12 cubic yard per haul—weekend ** $361.03 ** Plus disposal and or excess per ton if over 4,0001bs Disposal rate per ton over 4,000 lbs. payload to 8,000 lbs. $75.96 Plus excess payload weight if over 8,000 lbs. $106.35 B. Commercial Charges. (1) Commercial Hand Collection,per ninety-five (95) gallon polycart Automated Collection Cost: Once (1)per week $27.41 Two (2) carts once (1)per week $52.08 Each additional cart there after $23.93 Recycle cart $12.14 Commercial customers shall be required to make a deposit equivalent to three (3) months' charges, or a minimum thirty-six dollars ($36.00). Ordinance No.2020-52 Amendment to the Wylie Comprehensive Fee Schedule Page 2 2093673 (2) Front Load Container Rates: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 2 cu yd $67.45 $144.02 $252.20 $351.88 $456.69 $563.19 3 cu yd $92.97 $173.20 $274.21 $379.81 $512.01 $608.24 4 cu yd $111.72 $208.81 $292.81 $407.76 $524.93 $651.04 6 cu yd $130.33 $238.65 $335.15 $461.73 $600.08 $741.16 8 cu yd $145.56 $273.95 $377.42 $517.57 $669.68 $829.04 (3) Additional Charges: Additional charge of$9.87 per pick up for containers on Casters Additional charge of$9.87 per pick up for containers with 4 sided enclosures Additional charge of$9.87 per pick up for containers with locks 8 cubic yard cardboard recycling container 1 X per week $90.96 8 cubic yard cardboard recycling container 2 X per week $187.21 Front load container exchange charge $90.21 (4) Extra Pick-Ups: 2 cubic yard $57.26 3 cubic yard $58.54 4 cubic yard $59.80 6 cubic yard $62.36 8 cubic yard $63.64 (5) Refills: 2 cubic yard $44.54 3 cubic yard $45.81 4 cubic yard $47.08 6 cubic yard $49.63 8 cubic yard $50.93 (6) Open Top Rolloff Containers: Delivery-weekday $438.82 Delivery-weekend $475.06 Trip charge (dry run) -weekday $438.82 Trip charge (dry run) -weekend $475.06 Monthly Rental $266.85 20 cubic yard per haul -weekday $604.49 20 cubic yard per haul -weekend $644.07 30 cubic yard per haul -weekday $617.71 30 cubic yard per haul -weekend $657.27 Ordinance No.2020-52 Amendment to the Wylie Comprehensive Fee Schedule Page 3 2093673 40 cubic yard per haul -weekday $657.27 40 cubic yard per haul -weekend $696.88 Additional disposal fee per ton if over 8,0001bs $38.98 (7) Front Load Compactors (Rate per Pick Up): 6 cubic yard $76.80 8 cubic yard $86.27 (8) Roll Off Compactors: Trip charge (dry run) -weekday $422.78 Trip charge (dry run) -weekend $457.44 30 cubic yard compactor haul charge -weekday $617.71 30 cubic yard compactor haul charge -weekend $657.27 35 cubic yard compactor haul charge -weekday $617.71 35 cubic yard compactor haul charge -weekend $657.27 42 cubic yard compactor haul charge -weekday $617.71 42 cubic yard compactor haul charge -weekend $657.27 Additional disposal fee per ton if over 8,0001bs $38.98 (9) Returned Check Charge $26.31 (10) COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT (WISD) Front Load Container Rates: 1 x week 2 x week 3 x week 4 x week 5 x week 6 x week 2 cu yd $80.98 $154.79 $215.61 $300.88 $390.49 $4481.55 3 cu yd 89.72 $169.30 $234.42 $324.73 $437.75 $520.07 4 cu yd $95.52 $177.99 $250.38 $348.61 $448.26 $556.66 6 cu yd $111.44 $204.02 $286.53 $394.78 $513.03 $633.71 8 cu yd $124.47 $230.10 $322.71 $442.55 $572.59 $708.81 WISD front load rates are net to contractor, does not include billing fee, franchise fee and sales tax does not apply.... SECTION 3: Penalty. Any person, firm, corporation or entity that violates this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two thousand dollars($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. Ordinance No.2020-52 Amendment to the Wylie Comprehensive Fee Schedule Page 4 2093673 SECTION 4: Savings/Repealing. All provisions of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 13th day of October, 2020. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Dates to be published in The Wylie News—October 21,2020 Ordinance No.2020-52 Amendment to the Wylie Comprehensive Fee Schedule Page 5 2093673 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: I 100-5211-58510 (PD); 100-5 511-5 8 510 (Parks); Department: Purchasing Account Code: 100-5231-58510 (Fire) Prepared By: Glenna Hayes Budgeted Amount: $311,000; $30,000; $125,000 Date Prepared: October 5,2020 Exhibits: Subject Consider,and act upon,the approval of the purchase of vehicles and in the estimated amount of$466,000.00 through an inter-local purchasing agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve of the purchase of vehicles and in the estimated amount of$466,000.00 through an inter-local purchasing agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to execute any necessary documents. Discussion Under the approved budget for Fiscal Year 2020-2021, departments have been authorized to purchase the following vehicles from awarded vendors under the SAT Contract#20-01-1017: • Police department has been authorized to purchase seven (7) black Chevrolet Tahoe PPV units for Patrol. The purchase is estimated at$244,720, leaving a balance to fund the graphics wrap for each vehicle. There is no net increase in the Patrol fleet. • Police department staff has been authorized to purchase one (1)jail transport van in an amount not to exceed $45,000.00. • Parks staff has been authorized to purchase one (1) Chevrolet Silverado 1500 utility pick-up. The purchase is estimated at$26,999, and there is no net increase in the Parks fleet. • Fire department has been authorized to purchase one (1) Chevrolet Silverado 2500 pick-up for Fire Prevention. The purchase price is estimated at$41,000,and there is no net increase in the Fire fleet. Staff recommends the purchase of these vehicles through an inter-local purchasing agreement with Sheriff's Association of Texas as providing the best value to the City.The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Sheriffs' Association of Texas Contract#20-01-1017; Wylie Agreement#W2020-41-I Page 1 of 1 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: 1 Department: City Manager (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: October 7,2020 Exhibits: Resolution,Amendment Subject Consider, and act upon,Resolution No. 2020-58(R)of the City Council of the City of Wylie,Texas,approving a settlement agreement and any related agreements, including a first amendment to the Regional Water Supply Facilities Amendatory Contract by and between the City of Wylie,Texas,the North Texas Municipal Water District,and all member cities in said district in full settlement of all pending petitions filed at the Public Utility Commission of Texas, PUCT Docket Nos. 46662,47863, and 49043; and providing an effective date. Recommendation Motion to approve Resolution No. 2020-58(R) of the City Council of the City of Wylie, Texas, approving a settlement agreement and any related agreements, including a first amendment to the Regional Water Supply Facilities Amendatory Contract by and between the City of Wylie,Texas,the North Texas Municipal Water District,and all member cities in said district in full settlement of all pending petitions filed at the Public Utility Commission of Texas, PUCT Docket Nos. 46662,47863, and 49043; and providing an effective date. Discussion The 13 Member Cities of the North Texas Municipal Water District have been working for a number of years on an alternate method for allocating cost for water services. The Amendatory Contract includes a "Take-or-Pay" provision. With the increase in water conservation provisions, some cities were paying for large amounts of water that they were unable to use. When a member city uses more water than the contract minimum, a new minimum is then set and continues in perpetuity without the ability to lower that amount. In 2016, the Cities of Garland, Mesquite, Plano and Richardson petitioned the Public Utility Commission of Texas asserting that the wholesale water rates charged by NTMWD were adverse to the public interest and urging the PUC to set the wholesale water rates. Through extensive negotiations between the City Managers and legal counsels, two agreements are being presented for consideration. The key points of the agreement are as follows: - Updates the take-or-pay methodology by a reduction of the minimum take-or-pay volumes from the cities with the highest minimums to those that have increasing minimum water demands based on those cities' growth. - After the drawdown period, a 5-year rolling average of water usage will be phased in to allow for continual rebalancing of Minimum Take or Pay obligations among the Member Cities. - Additional provisions address NTMWD's Annual Budget process and water conservation planning. - The Parties agree to refrain from lawsuits or other mechanisms to change the agreement for 20 years. - Provisions for a process of independent review and fmancial analysis of the NTMWD's budget and finances. Page 1 of 1 Page 2 of 2 - Provisions for the NTMWD to contribute$6.6 million to the Member Cities to help offset expenses by the cities in achieving resolution of the matters in the dispute(funds will be allocated proportionally). - Dismissal of all pending legal actions surrounding the above issues. The proposed contract amendment could result in increasing charges for water to the City of Wylie as the Minimum Take- or-Pay amounts shift over time and/or from the revised wholesale water rate. The revision to the methodology encourages conservation,and as the City reaches maturity,the contract minimum should more accurately reflect our actual yearly usage. RESOLUTION NO. 2020-58(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING A SETTLEMENT AGREEMENT AND ANY RELATED AGREEMENTS, INCLUDING A FIRST AMENDMENT TO THE REGIONAL WATER SUPPLY FACILITIES AMENDATORY CONTRACT BY AND BETWEEN THE CITY OF WYLIE, TEXAS, THE NORTH TEXAS MUNICIPAL WATER DISTRICT, AND ALL MEMBER CITIES IN SAID DISTRICT IN FULL SETTLEMENT OF ALL PENDING PETITIONS FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS,PUCT DOCKET NOS.46662,47863 AND 49043;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Wylie,Texas,has determined it is in the best interests of the citizens of Wylie to approve a Settlement Agreement, and any related agreements,including a First Amendment to the Regional Water Supply Facilities Amendatory Contract,to facilitate the settlement and finalization of all matters at the Public Utility Commission of Texas,PUCT Docket Nos. 46662,47863 and 49043 -Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing the Decision by North Texas Municipal Water District Affecting Wholesale Water Rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1. The recitals in the preamble above are hereby found to be true and correct and incorporated herein for all purposes. SECTION 2. The City Council of the City of Wylie, Texas hereby approves a Settlement Agreement, and any related agreements, including a First Amendment to the Regional Water Supply Facilities Amendatory Contract, to facilitate the finalization of all matters at the Public Utility Commission of Texas, PUCT Docket Nos. 46662, 47863 and 49043 - Petition of the Cities of Garland, Mesquite,Plano and Richardson Appealing the Decision by North Texas Municipal Water District Affecting Wholesale Water Rates. RESOLUTION NO. 2020-58(R)REGARDING SETTLEMENT PAGE 1 OF 2 OF MATTERS BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS AND EXECUTION OF SETTLEMENT AGREEMENTS AND RELATED CONTRACTS SECTION 3. The Mayor is hereby authorized to execute the Settlement Agreement, the First Amendment to the Regional Water Supply Facilities Amendatory Contract, and any related agreements and documents, upon review and concurrence by the City Attorney and the City's special legal counsel, in full settlement and resolution of Public Utility Commission of Texas; PUCT Docket Nos. 46662,47863 and 49043. The form of said agreements being attached hereto and incorporated herein as Exhibit Nos. 1 and 2. SECTION 4. This Resolution shall take effect and be in full force and effect from and after the date of its adoption and passage, and it is so resolved; and all resolutions of the City of Wylie in conflict herewith are hereby amended or repealed to the extent of such conflict. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THE 13TH DAY OF OCTOBER, 2020. CITY OF WYLIE, TEXAS ERIC HOGUE Mayor ATTEST: STEPHANIE STORM City Secretary RESOLUTION NO. 2020-58(R) REGARDING PAGE 2 OF 2 SETTLEMENT OF MATTERS BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS AND EXECUTION OF SETTLEMENT AGREEMENTS AND RELATED CONTRACTS Exhibit No. 1 SETTLEMENT AGREEMENT This Settlement Agreement("Agreement")is entered into on this the_day of , 2020,by and between the NORTH TEXAS MUNICIPAL WATER DISTRICT(the"District"), a conservation and reclamation district and political subdivision of the State of Texas, created and functioning under Article 16, Section 59, of the Texas Constitution, pursuant to Chapter 62, Acts of the 52nd Legislature,Regular Session, 1951,as amended(the"District Act"),and the following: CITY OF ALLEN, IN COLLIN COUNTY, TEXAS CITY OF FARMERSVILLE,IN COLLIN COUNTY, TEXAS, CITY OF FORNEY, IN KAUFMAN COUNTY, TEXAS, CITY OF FRISCO, IN COLLIN AND DENTON COUNTIES, TEXAS CITY OF GARLAND,IN DALLAS COUNTY, TEXAS CITY OF McKINNEY,IN COLLIN COUNTY, TEXAS, CITY OF MESQUITE,IN DALLAS AND KAUFMAN COUNTIES, TEXAS, CITY OF PLANO, IN COLLIN AND DENTON COUNTIES, TEXAS, CITY OF PRINCETON, IN COLLIN COUNTY, TEXAS, CITY OF RICHARDSON,IN DALLAS AND COLLIN COUNTIES, TEXAS, CITY OF ROCKWALL,IN ROCKWALL COUNTY, TEXAS, CITY OF ROYSE CITY,IN ROCKWALL AND COLLIN COUNTIES, TEXAS, and CITY OF WYLIE, IN COLLIN COUNTY, TEXAS (collectively such cities being referred to as the "Contracting Parties"). WITNESSETH WHEREAS, each of the Contracting Parties is a duly incorporated city and political subdivision of the State of Texas operating under the Constitution and laws of the State of Texas; and WHEREAS, the District and the Contracting Parties are authorized to enter into this Agreement; and WHEREAS, the District presently owns various water rights and owns and operates other water supply and treatment facilities (the "System") which serve the Contracting Parties; and Page 1 of 12 Exhibit No. 1 WHEREAS, the District has entered into a "North Texas Municipal Water District Regional Water Supply Facilities Amendatory Contract," dated as of August 1, 1988 (the "1988 Contract"), a "North Texas Municipal Water District — City of Allen Regional Water Supply Facilities Agreement," dated October 1, 1998, and a "North Texas Municipal Water District — City of Frisco Regional Water Supply Facilities Agreement," dated October 1, 2001 (collectively, the "Contracts") with the Contracting Parties; and WHEREAS, the District presently supplies and sells treated water from the System to the Contracting Parties under the Contracts; and WHEREAS, the Cities of Garland, Mesquite, Plano, and Richardson, Texas ("Petitioning Cities") presented to the Public Utility Commission of Texas ("PUCT") petitions seeking the PUCT's review of the District's rates for fiscal years 2017, 2018,2019, and 2020, which the PUCT respectively assigned Docket Nos. 46662, 47863, 49043, and 50382 (collectively referred to as the "PUCT Proceedings"); and WHEREAS, the Petitioning Cities have agreed to request that the PUCT allow the Petitioning Cities to withdraw the petition in Docket No. 46662 with prejudice and that the PUCT issue a final order dismissing the proceedings in Docket No. 46662, and have agreed to otherwise withdraw with prejudice the petitions in Docket Nos. 47863, 49043, and 50382 upon issuance of a final, non-appealable order by the PUCT dismissing the proceedings in Docket No. 46662; and WHEREAS, the District and the Contracting Parties (collectively the "Parties") deem it necessary and advisable that the Contracts be amended, such amendments reflected in a separate document entitled First Amendment to North Texas Municipal Water District Regional Water Supply Facilities Amendatory Contract(the "Contract Amendment"); and WHEREAS, the Parties agree that resolution of the PUCT Proceedings by unanimous settlement agreement is in the public interest; and WHEREAS, capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings assigned to them in the Contracts, as amended. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the Parties agree as follows: Page 2 of 12 Exhibit No. 1 I. COVENANT TO DEFEND NATURAL DRAWDOWN METHOD AND 51511 PROCESS. The Parties agree: A. That the Natural Drawdown Method and the 51511 Process set forth in Section 2 of the Contract Amendment for calculating a Contracting Party's minimum amount is just and reasonable. B. For a period of not less than twenty (20) years, not to seek, aid, or support review by the PUCT or its successor agency of the method for calculating a Contracting Party's minimum amount agreed to and as described in Section 2 of the Contract Amendment. C. For a period of not less than twenty(20)years, not to institute,prosecute, or in any way aid any action or suit at law or in equity against any Contracting Party or the District for damages, costs, loss of services, expenses, or compensation for or on account of any damage, loss or injury either to person or property, or both,whether known or unknown, past, present or future, arising out of or related to the method for calculating a Contracting Party's minimum amount agreed to and as described in Section 2 of the Contract Amendment, except for claims by any Contracting Party against the District arising out of misapplication of the method for calculating a Contracting Party's minimum amount. D. For a period of not less than twenty (20) years, not to seek, support or aid in obtaining legislative changes to the method for calculating a Contracting Party's minimum amount agreed to and as described in Section 2 of the Contract Amendment. E. To oppose efforts by any entity not a party to this Agreement to seek legislative changes to the method for calculating a Contracting Party's minimum-amount agreed to and as described in Section 2 of the Contract Amendment. F. If any entity not a party to this Agreement seeks review by the PUCT, or its successor agency, of the method for calculating a Contracting Party's minimum amount as described in Section 2 of the Contract Amendment, the District and the Contracting Parties agree: 1. To support the method for calculating a Contracting Party's minimum amount agreed to and as described in Section 2 of the Contract Amendment; and 2. To oppose changes to the method for calculating a Contracting Party's minimum amount agreed to and as described in Section 2 of the Contract Amendment. G. Any party to this Agreement that seeks review by the PUCT and/or through litigation in the courts of the method for calculating a Contracting Party's minimum amount agreed to and as described in Section 2 of the Contract Amendment, shall Page 3 of 12 Exhibit No. 1 be responsible for the costs of participation in such review and/or litigation of all parties to this Agreement. II. ELIGIBILITY FOR CHANGE IN MINIMUM-AMOUNT METHODOLOGY. The District's Board of Directors may apply the methods of determining the minimum amount described in the Contract Amendment to a contract entered into under Section 4(c) of the 1988 Contract provided that A. Any such contract shall specifically and unambiguously state the terms of the applicable method of determining the minimum amount payable thereunder, and B. Any such contract shall provide that the District's Board of Directors has exclusive authority to determine rates set pursuant to such contract as such rates may be changed from time to time. III. INDEPENDENT REVIEW. By March 1, 2021, and on each third anniversary of such date thereafter, the District shall engage an independent, third-party consultant to perform a financial management analysis of the audited financial information and all additional relevant information for the System for the three preceding Fiscal Years. The Independent Review shall include Items A through G, as stated below, and such other items as determined by the Board. A. The reasonableness of Operations and Maintenance Expenses for the System; B. The assignment of shared costs to the District's various systems, including the System, and functionalization of expenses as variable versus fixed; C. Confirmation of the amount of the required Bond Service Component as defined in Section 9(a)(B) of the Contract, and compliance of such amount with the Contract and the applicable Bond Resolutions; D. Confirmation of balances in any funds required to be established or maintained by the provisions of the Bond Resolutions, including but not limited to, examination of balances in any debt service reserve funds and compliance of such balances with the requirements of the Bond Resolutions; E. Examination of balances, including the need for and the reasonableness of such balances, in any other special, contingency, reserve, or other funds established by Board policy but not otherwise required to be established or maintained by the provisions of the Bond Resolutions; and Page 4 of 12 Exhibit No. 1 F. Examination of the District's collection and application of Other Revenues as described in Section 9(f) of the Contracts, as amended, so as to reduce, to the maximum extent feasible, the amounts that otherwise would be payable by the Contracting Parties for treated water. The consultant's review shall include,but will not be limited to, calculation of just and reasonable rates, including analysis of any appropriate surcharge or premium, to be charged to non-Contracting Parties in existing (when allowed by contract), new, renewed or amended contracts, taking into consideration: (1) the status of the Contracting Parties as long-term capital contributors to the System with joint and several liability for repayment of bond indebtedness, (2)the Contracting Parties' primary right to water from the System(as set out in Sections la(12) and 7(c) of the District's Enabling Act); (3)the non-Contracting Parties' water demands including demand for future infrastructure and water resources; and (4) any other relevant considerations requested by the District's Board of Directors. G. Examination of the District's compliance with Section 9 of the Contracts, as amended, in setting the Annual Requirement and base rate. The consultant shall deliver a report addressing the Independent Review within nine (9)months of being engaged by the District. During the annual budget process,the District's Board of Directors will review all recommendations contained in the consultant's report. Unless the Board of Directors votes to reject any or all of the consultant's recommendations prior to adopting the District's annual budget, the Board of Directors shall implement the consultant's recommendations that were not rejected by a vote of the Board. IV. DISTRICT SETTLEMENT CONTRIBUTION. The District has agreed to contribute $6.6 million payable to [INSERT NAME OF ESCROW AGENT] to facilitate resolution of disputes related to the PUCT Proceedings. The contribution by the District shall not be counted in determining the District's Annual Requirement for any year. V. EFFECTIVE DATE. This Agreement shall become effective upon the Contract Amendment becoming effective. IN WITNESS WHEREOF, the Parties acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original, all as of the day and year first above written, which is the date of this Agreement. Page 5 of 12 Exhibit No. 1 NORTH TEXAS MUNICIPAL WATER DISTRICT BY ATTEST: Secretary, Board of Directors APPROVED AS TO FORM AND LEGALITY: Attorneys for the District (District Seal) CITY OF ALLEN, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary Page 6 of 12 Exhibit No. 1 CITY OF FARMERSVILLE, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary CITY OF FORNEY, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary Page 7 of 12 Exhibit No. 1 CITY OF FRISCO, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary CITY OF GARLAND, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary Page 8of12 Exhibit No. 1 CITY OF McKINNEY, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary CITY OF MESQUITE, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary Page 9 of 12 Exhibit No. 1 CITY OF PLANO, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary CITY OF PRINCETON, TEXAS BY City Manager APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary Page 10 of 12 Exhibit No. 1 CITY OF RICHARDSON, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary CITY OF ROCKWALL, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary Page 11 of 12 Exhibit No. 1 CITY OF ROYSE CITY, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary CITY OF WYLIE, TEXAS BY Mayor APPROVED AS TO FORM AND LEGALITY: City Attorney (City Seal) ATTEST: City Secretary Page 12 of 12 Exhibit No.2 FIRST AMENDMENT TO NORTH TEXAS MUNICIPAL WATER DISTRICT REGIONAL WATER SUPPLY FACILITIES AMENDATORY CONTRACT THE STATE OF TEXAS • NORTH TEXAS MUNICIPAL WATER DISTRICT: THIS FIRST AMENDMENT TO NORTH TEXAS MUNICIPAL UTILITY DISTRICT REGIONAL WATER SUPPLY FACILITIES AMENDATORY CONTRACT (this "Amendment") made and entered into by and between North Texas Municipal Water District(the "District"), a conservation and reclamation district and political subdivision of the State of Texas, created and functioning under Article 16, Section 59 of the Texas Constitution and the following municipalities under the Constitution and laws of the State of Texas: City of Allen, City of Farmersville,City of Forney,City of Frisco,City of Garland,City of McKinney,City of Mesquite, City of Plano, City of Princeton, City of Richardson, City of Rockwall, City of Royse City, and City of Wylie (collectively, the "Contracting Parties"). WITNESSETH: WHEREAS, the District has entered into a "North Texas Municipal Water District Regional Water Supply Facilities Amendatory Contract," dated as of August 1, 1988, a "North Texas Municipal Water District — City of Allen Regional Water Supply Facilities Agreement", dated October 1, 1998, and a "North Texas Municipal Water District — City of Frisco Regional Water Supply Facilities Agreement", dated October 1, 2001 (collectively, the "Contracts") with the Contracting Parties; WHEREAS, as permitted by Section 14 of the Contracts and Section 24(m) of the Bond Resolutions authorizing the issuance of the District's outstanding bonds, the District and the Contracting Parties desire to amend the Contracts to change the allocation of the Annual Requirement(as defined in the Contracts) among the Contracting Parties by changing the basis for determination of each Contracting Party's minimum amount for purposes of calculating such Contracting Party's proportionate share of each Annual Requirement; WHEREAS, the District and the Contracting Parties have agreed to amend the Contracts to accomplish such change of allocation together with certain updating changes pursuant to the terms of this Amendment; and WHEREAS, capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings assigned to them in the Contracts. Page 1 of 15 Exhibit No.2 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the District and the Contracting Parties agree that the Contracts shall be amended and modified as follows: Section 1. Amend Subsection 1(f) of the Contracts to read as follows: (f) "Bonds" means the Outstanding Bonds listed in the preamble to this Contract, and all bonds,notes, or other obligations_hereafter issued by the District,whether in one or more series or issues, and the interest thereon, to acquire, construct, complete, improve, and/or extend the System or any System facilities, including the Projects, and/or otherwise to improve or extend the System, and any bonds, notes or other obligations_issued to refund any Bonds or to refund any such refunding bonds, notes, or other obligations. Section 2. Amend Subsection 9(c) of the Contracts by adding a new Clause (3) after Clause (2), as follows: (3) Updated Calculation Methods. Notwithstanding any provisions of this Contract to the contrary, other than reduction of minimum amounts related to sales by Contracting Parties to other entities as set out in Section 9(c), commencing October 1, 2020, and ending on September 30, 2028 (the "Natural Drawdown Period"), a Contracting Party's minimum amount(for purposes of calculating its proportionate share of the Annual Requirement), shall be calculated on the basis of the Natural Drawdown Method (hereinafter defined) and commencing October 1, 2028, and thereafter, such minimum amount will be calculated on the basis of the 51511 Process (hereinafter defined). (i) Natural Drawdown Method. For the purpose of calculating the minimum dollar amount of each Annual Requirement for which each Contracting Party is unconditionally liable during the Natural Drawdown Period, for each Annual Payment Period each Contracting Party's proportionate share of the Annual Requirement shall be calculated in accordance with the method described below, (the "Natural Drawdown Method") (A) For the Annual Payment Period beginning October 1, 2020, each Contracting Party's annual minimum amount (in thousands of gallons) will be: i. City of Allen: 6,011,208 ii. City of Farmersville: 280,467 iii. City of Forney: 2,345,109 iv. City of Frisco: 11,910,250 v. City of Garland: 13,721,955 Page 2 of 15 Exhibit No.2 vi. City of McKinney: 11,963,029 vii. City of Mesquite: 8,297,666 viii. City of Plano: 26,719,809 ix. City of Princeton: 660,682 x. City of Richardson: 11,019,311 xi. City of Rockwall: 4,190,133 xii. City of Royse City: 565,932 xiii. City of Wylie: 1,877,558 (B) For each subsequent Annual Payment Period through the end of the Natural Drawdown Period, and where a Contracting Party's volume of water actually delivered by the District during the most recent Water Year is less than the Contracting Party's then-current minimum amount (such under- usage of water referred to as the Contracting Party's "Under-Usage Water"), that Contracting Party's minimum amount (for purposes of calculating its proportionate share of the Annual Requirement) will be reduced for purposes of payment in subsequent payment periods by that Contracting Party's proportionate share of one-third (1/3) of the total Excess Water Usage (hereinafter defined) used by all Contracting Parties and parties to other Contracts (as described in Section 4(c) hereof) who are not Contracting Parties(such Contracting Parties and other parties,collectively, "System Customers"); provided, however, that in no event shall a Contracting Party's minimum amount be reduced to an amount that is less than the gallons actually delivered to that Contracting Party during the prior Water Year. For these purposes "Excess Water Usage" means gallons of water delivered to any System Customer that exceed its then-current minimum amount. (C) A Contracting Party's proportionate share of the Excess Water Usage is calculated as the ratio of that Contracting Party's Under-Usage Water,to the sum of that Water Year's Under-Usage Water by all System Customers eligible for reduction in their minimum amount. (D) The minimum amount of a Contracting Party that has Under-Usage Water shall be drawn down at a 3:1 ratio such that for every three (3) gallons of Excess Water used by all System Customers with Excess Water Usage, one (1) gallon of water is drawn down, on a proportionate share basis, as determined in(C)above,thereby reducing the respective minimum amounts for those Contracting Parties. (E) For a Contracting Party that has Excess Water Usage in a Water Year during Page 3 of 15 Exhibit No.2 the Natural Drawdown Period, that Contracting Party's minimum amount for the next Annual Payment Period will be determined based on that Contracting Party's usage in the immediately preceding Water Year. An example of the calculations of the reduction minimum amounts under the Natural Drawdown Method described in this Subsection 9(c)(3)(i) is found on Attachment I hereto and incorporated herein for all purposes (ii) 51511 Process. Starting October 1,2028, each Contracting Party's minimum amount (for purposes of determining its proportionate share of the Annual Requirement) shall be calculated based on a five-year rolling average of water usage,phased-in over five (5) years (the "51511 Process")to be implemented as follows: (A) In the first year of the 51511 Process, a Contracting Party's minimum amount shall be calculated by taking the sum of a Contracting Party's actual usage in the preceding Water Year and four (4) years of that Contracting Party's then-current minimum amount as adjusted at the end of the Natural Drawdown Period(the "Base Minimum"), and dividing that sum by 5. (B) In the second year of the 51511 Process, a Contracting Party's minimum amount shall be calculated by taking the sum of a Contracting Party's actual usage in the immediately preceding two(2)Water Years and three(3)years of that Member City's Base Minimum, and dividing that sum by 5. (C) In the third year of the 51511 Process,a Contracting Party's minimum amount shall be calculated by taking the sum of a Contracting Party's actual usage in the preceding three (3) Water Years and two (2) years of that Member City's Base Minimum, and dividing that sum by 5. (D) In the fourth year of the 51511 Process, a Contracting Party's minimum amount shall be calculated by taking the sum of a Contracting Party's actual usage in the preceding four(4)Water Years and one(1)year of that Member City's Base Minimum, and dividing that sum by 5. (E) Finally, in the fifth year of the 51511 Process (that is, the rate year commencing October 1, 2032), and each year thereafter, a Contracting Party's minimum amount shall be calculated by taking the sum of a Contracting Party's actual usage in the immediately preceding five (5) Water Years and dividing that sum by 5. Page 4 of 15 Exhibit No.2 Section 3. Amend the last sentence of Section 9(d) and amend Section 9(f) of the Contracts to read as follows: (d) ... Such Excess Water Charges, after payment of any rebates pursuant to policies of the District, shall be distributed to the Contracting Parties in the same manner as surplus budgeted funds as provided in Subsection 9(g). (f) Other Revenues. During each Annual Payment Period, the revenues derived from sales of System water, other than sales of treated water to Contracting Parties, shall be credited to and be used for paying part of the Annual Requirement in the manner determined by the District, with the result that such credits shall reduce, to the extent of such credits, the amounts which otherwise would be payable by the Contracting Parties pursuant to the methods prescribed in sub- sections (a), (b), (c), and(e) above. The District shall estimate all such credits which it expects to make during each Annual Payment Period in calculating each Annual Payment. To the extent the District collects such other revenues in an amount in excess of the estimated credits, such excess amount shall be distributed to the Contracting Parties in the same manner as surplus budgeted funds as provided in Subsection 9(g). Section 4. Amend Subsection 9(g) of the Contracts in its entirety to read as follows: (g) Annual Budget. On or before the first day of the fourth calendar month prior to the beginning of each Annual Payment Period hereafter the District shall furnish each Contracting Party with a tentative or preliminary estimated schedule of the monthly payments to be made by such party to the District for the ensuing Annual Payment Period. On or before the first day of the second calendar month prior to the beginning of each Annual Payment Period hereafter the District shall furnish each Contracting Party with an updated estimated schedule of the monthly payments to be made by such Party to the District for the next ensuing Annual Payment Period. Prior to the first day of each Annual Payment Period hereafter the District shall furnish each Contracting Party with a final estimated schedule of the monthly payment to be made by such Party to the District for the next ensuing Annual Payment Period, together with the supporting budgetary data showing the basis for arriving at such schedule. Any surplus budgeted funds remaining on hand at the end of any Annual Payment Period in excess of amounts necessary to pay the Annual Requirement, including, to the extent reasonable, any operation and maintenance fund balances and other reserves established by the District, shall be distributed no later than May 1 of the following Annual Payment Period to the Contracting Parties proportionately based upon the respective amounts of treated water actually Page 5 of 15 Exhibit No.2 delivered to the Contracting Parties for the preceding Water Year. Nothing in Subsection 9(g) shall be construed to limit the budgeting and rate-making authority of the District. Each Contracting Party hereby agrees that it will make payments to the District on or before the 10th day of each month of the Annual Payment Period. If any Contracting Party at any time disputes the amount to be paid by it to the District, such complaining party shall nevertheless promptly make such payment or payments, but if it is subsequently determined by agreement or court decision that such disputed payments made by such complaining party should have been less, or more, the District shall promptly revise and reallocate the charges among all Contracting Parties in such manner that such complaining party will recover its overpayment or the District will recover the amount due it. Section 5. Amend Section 15 of the Contracts by adding a second paragraph as follows: In particular, but not by way of limitation, in accordance with 30 Tex. Admin. Code Section 288.5(1)(f), as amended, the Contracting Parties agree and the District shall require each party to an Other Contract, as described in Section 4 of this Contract to agree to develop and implement a water conservation plan or water conservation measures using the applicable elements of Chapter 288, Subchapter A of Title 30 of the Texas Administrative Code,to the extent that it has not already done so. Any contract for resale of water provided hereunder or resale of such resold water by a Contracting Party or a party to an Other Contract shall contain provisions requiring water conservation measures using the applicable elements of such Administrative Code Section. In accordance with Rule 15c2-12 of the United States Securities and Exchange Commission, as it may be amended from time to time, the Contracting Parties agree to file, or provide to the District for filing, all information required by such Rule 15c2-12. Section 6. This Amendment shall become effective as of the date that an order(s) adopted by the Public Utility Commission of Texas dismissing or allowing withdrawal of PUC Docket Nos. 46662, 47863, 49043, and 50382 become(s) final and non-appealable. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Amendment to be duly executed in several counterparts, each of which shall constitute an original. Page 6 of 15 Exhibit No.2 NORTH TEXAS MUNICIPAL WATER DISTRICT By: President, Board of Directors ATTEST: Secretary, Board of Directors (DISTRICT SEAL) CITY OF ALLEN, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) Page 7 of 15 Exhibit No.2 CITY OF FARMERSVILLE, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) CITY OF FORNEY, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) Page 8of15 Exhibit No.2 CITY OF FRISCO, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) CITY OF GARLAND, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) Page 9 of 15 Exhibit No.2 CITY OF McKINNEY, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) CITY OF MESQUITE, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) Page 10 of 15 Exhibit No.2 CITY OF PLANO, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) CITY OF PRINCETON, TEXAS By: City Manager ATTEST: City Secretary (CITY SEAL) Page 11 of 15 Exhibit No.2 CITY OF RICHARDSON, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) CITY OF ROCKWALL, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) Page 12 of 15 Exhibit No.2 CITY OF ROYSE CITY, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) CITY OF WYLIE, TEXAS By: Mayor ATTEST: City Secretary (CITY SEAL) Page 13 of 15 Exhibit No.2 ATTACHMENT I For illustrative purposes, the reduction in a Contracting Party's minimum amount (for purposes of calculating its proportionate share of the Annual Requirement) under the Natural Drawdown Method described in Subsection 9(e) of the Contracts, would be calculated as follows: 1. Determine the total gallons of Excess Water Usage by all System Customers E.g., 9 System Customers have a total Excess Water Usage of 10 million gallons. 2. Determine the total gallons of Under-Usage Water by all System Customers E.g., the only System Customers that have under-usage are Contracting Parties 1, 2, 3, and 4, which have total gallons of Under-Usage Water of 20 million gallons. 3. Determine each Contracting Party's gallons of Under-Usage Water, e.g.: Contracting Party 1: 8 million gallons of Under-Usage Water Contracting Party 2: 6 million gallons of Under-Usage Water Contracting Party 3: 4 million gallons of Under-Usage Water Contracting Party 4: 2 million gallons of Under-Usage Water 4. Determine each Contracting Party's proportion of Under-Usage Water to the total gallons of Under-Usage Water("Contracting Party's Share of Under-Usage Water") Contracting Party 1 = 40% (8 million gallons of Under Usage ±20 million gallons of total Under Usage =40%) Contracting Party 2 = 30% (6 million gallons of Under Usage ±20 million gallons of total Under Usage = 30%) Contracting Party 3 = 20% (4 million gallons of Under Usage ±20 million gallons of total Under Usage =20%) Contracting Party 4= 10% (2 million gallons of Under Usage ±20 million gallons of total Under Usage = 10%) 5. Determine the respective Contracting Party's then-current minimum amount(for purposes of calculating its proportionate share of the Annual Requirement) for each Contracting Party that has Under-Usage Water and reduce each such Contracting Party's minimum Page 14 of 15 Exhibit No.2 amount by its proportionate share of 1 million gallons for each 3 million gallons of Excess Water Usage. Thus: [A] [B] [C] [D] [E] [F] Share of 1/3rd of Share Excess of Under Usage of New Current Usage 1/3 of 10 Annual Annual [C] = Total Million Minimu Minimu Under [B] /Total Excess Gallons m m Usage Under Usage [E] = [F] = [A] [B] Usage [D] [C] x [D] [A] — [E] Contracting Party 1 50 8 40% 3.33 1.33 48.67 Contracting Party 2 40 6 30% 3.33 1.00 39.00 Contracting Party 3 30 4 20% 3.33 0.67 29.33 Contracting Party 4 20 2 10% 3.33 0.33 19.67 Total Under Usage 140 20 100% 3.33 136.67 Total Excess Usage 10 Page 15 of 15 fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 5,2020 Exhibits: 6 Subject Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural District (AG/30) to Planned Development (PD), amending PD 2017-31, to allow for single family residential development on 15.88 acres, generally located on Sachse Road approximately 1700' south of Dominion Drive. (ZC2020-10) Recommendation Motion to approve a change of zoning from Agricultural District (AG/30) to Planned Development (PD), amending PD 2017-31,to allow for single family residential development on 15.88 acres,generally located on Sachse Road approximately 1700' south of Dominion Drive. (ZC2020-10) Discussion OWNER: Wylie DPV,LP APPLICANT: Ron Haynes The 15.88-acre property was recently annexed into the City and, by the requirements of the zoning ordinance for recently annexed property, is zoned Agricultural (AG/30). The applicant is requesting to rezone the 15.88 acres by amending the existing 355-acre Dominion of Pleasant Valley Planned Development (PD 2017-31) and include this property in that PD. A Development Agreement, in conformance with this zoning request,was approved by the City Council in June 2020. The 15.88-acre addition is proposed to increase the maximum lot count from 1,025 to 1,104 with the following lot types: • Single Family Type A lots(70' width) - 148 lots (No increase) • Single Family Type B lots(60' width) -436 lots(9 lot increase) • Single Family Type C lots(50' width) -520 lots(70 lot increase) The open space area for the entire planned development is increasing from 81.10 acres to 83.17 acres,being a percentage of 22.4%.In keeping with the current PD Conditions,all open space lots are to be owned by the City of Wylie and maintained by the Homeowners Association, with the exception of Lot 17X, Block A (existing pond). The pond will be used as a detention area that is to be owned and maintained by the Homeowners Association. The remainder of the conditions of PD 2017-31 are unchanged with this requested amendment. Notifications/Responses: 165 notifications were mailed; with one response received in favor of the request. 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N "%.*"_. ., ZC 2020-10; Dominion of Pleasant Valley 1AI , .. • IN g., ri . „ Subject Property 1 ,-... .4.• r"'-' rb t, ,. &• _ __I, , _;._ C I TY 0 F li.._ ! • -6)77 , 0 470 940 1,880 2,820 3,760 Feet WYLI E r,r--% ‘r.):1 _ ;.4 A 'II / I E FM 54� STONE RD / Existin PD Pro osed Revised Total LEGEND / g p HENSLEYLN � > ,1 II, / Lot Type Requirement Existing Total Increase Lot Count / Point of Curvature or Tangency on o x ALANIS DR ry4 Center Line J 10 // 4' Single Family Type A Lots - 70 Min 98 Max 148 148 0 148 � 1/2" Iron rod set with a yellow plastic cap / Single Family Type B Lots -60' 427 Maximum 427 9 436 „ „ I'III Z , zd / Single Family Type CLots -50' 450 Maximum 450 70 520 stamped JVC (unless otherwise noted) RANCH RD l 7 I lip / JOHNNY N MARTINEZ AND TOTAL 1025 Maximum 1025 79 1104 O 1/2" IRF Q PROJECT / - _ _ .� _ COLLIN COUNTY 1 // JOSEPHINE C MARTINEZ AC Acre a w ° DOCUMENT NO.201400170215 c� / TOTAL AREA (AC.) 355.00 15.88 370.88 I o m �o . fir` P / D.R.D.C.T. BL Building Line o , OOGDALLASCOUNTV III r / "� \ OPEN SPACE AREA (AC.) 81.10 2.07 83.17 Cl Curve No. o oR F� e, S C <CM> Control Monument 3 `, ��P0 2`��0 / °i• \ EASEMENT AND RIGHT OF WAY \ TEXAS POWER & LIGHT COMPANY OPEN SPACE PERCENTAGE 22% 22.8% 13.0% 22.4% DE Drainage Easement ,moo // �p \ VOLUME 85183, PAGE 3884 Esmt Easement ,P� hiOPEN SPACE / O°. \ \\ D.R.D.C.T. LOT 1X, BLOCK A \ �� , Notes: L1 Line No. Pq- �o��s 4,343 SF / \ `99 \ 1. Selling f hiaddition metesandbounds isR.O.W. Right-of-Way o Qom`` F '``� °�F \ 9. \ / a o t s by a �� q O h 6 \ \ �q� / violation of city ordinance and state law and is subject to fines SF Square Feet eG J c�'o <<� ',. . ,,,ti' ` �°° 7438 SF \\ \ -9�, and withholding of utilities and building permits. UE Utility Easement 2,FF� 2 F,�o 0 / �,° �\ F 2. Lot 17X will be owned and maintained by the H.O.A. All other D.R.D.C.T. = Deed Records of Dallas County, Texas ,� TO BE ABANDONED�'/ C / - EASEMENT AND RIGHT-OF-WAY �O dos open space lots will be owned by the City of Wylie and O.P.R.D.C.T. = Official Public Records of Dallas County, i C • . 5 U=--• ' \ TEXAS LIGHT 1 maintained bythe H.O.A. per Ordinance XXX-XX (See Exhibit X, L -TuRN1)1a _ �P ,./ �� ,°�� °�° \ • 7291 SF // \ La \ \VOLUMEE 85E83,R &PAGE 3882 COMPANY 38Q �T�S General Standards No. X). Texas �fl GEo"BUSH_____...... -- re) - LAKE RAY HUBBARD / //' O .C.T. -9� S 3. No appurtenance between the height of 2' and 9' may be N POINT OF / �,� °� BLOCK A 'go•o N`O -9s�,pk placed in visibility triangles. BENCHMARKS: VICINITY MAP /° ti4 Ix �°�' °0° 4 //li �S \ LARRY C.MARTINEZ and wife �� '� 2• y N.T.S. BEGINNINGA ��`° 6001 SF ��?°' ^y\ voLUME 83203,PAGE 2560 �TNNE CUELLAR MARTINEZ J �esT,Q • S6 Ballard Storeet apprroximatelyt10 0' west and 10.4n outh of theuth LEGAL DESCRIPTION DO ,.i ID.R.D.C.T. iC> .O , southeast corner of the buildin located at 104 South Ballard Street. / s 3 °7' / ;�l /\ T gDOMINION AT PLEASANT VALLEY Aii °�� R� 6001 SF ,,o j po• / \ • N: 7057346.76 E: 2569521.09 ANNEX TRACT � A� `' , / \ EASEMENT AND RIGHT-OF-WAY ELEV: 550.24' (PLAN) 550.37' (FIELD) 15.880 ACRES \ 91 / `1 / ONCOR ELECTRIC DELIVERY `SOF / �O 0� L=63.2�' i \ 0 •O PERRY KINNARD&LYNDA KINNARD <� /• ti 6 COMPANY LLCti� L1 \ 2 �° / o° `L`O / / �� DOCUMENT NO. 201900108172 • <`°D o VOL.95234,PAGE 0476 CM #4: Located in the northeast corner of Quail Meadow Park south / �� \ ti� \ 8085 SF // `D° �; °° , sue,; D.R.D.C.T. �F, O.P.R.D.C.T. of alleyand west of White Ibis Way. 14.5 feet south of the south line BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY, <CM> °s\ /�h j \ /s ti �O 25 Ss ABSTRACT NO. 1384, City of Wylie, Dallas County, Texas and being part of a o 'o `ti / + 77' ,i of alley concrete paving. 7.3 feet perpendicular to b.c. parking area. / a� e ,'\ / �� 8 �� rya ERNESTCCASTILLOand �� 0' that tract of land described in Deed to LarryC. Martinez and wife Yvonne / ti �<<"- SL 4, e \GF / /C5 o /J° + \ 7� 7849 SF °°• ,,,\ LOUISE MARTINEZ CASTILLO • ,� 6440 SF Cuellar Martinez, as recorded in Volume 83203, Page 2560, Deed Records, / , o N`by \ /<0o` °0/No s j ��1 \ DOCUMENT NO.201400170213 ,��' N: 7065787.66 E: 2560973.09 �, �Po�,sob 00 \,) _ �., h/ / 9 c, �� D.R.D.C.T. ,�co 26 SQ�e ELEV: 562.91' (PLAN) 562.86' (FIELD) Dallas County, Texas and being all of that tract of land described in Deed to <��o yoti " A• te, L3 �s /�B / 7310 SF • So >>, Johnny N. Martinez and wife, Josephine C. Martinez, as recorded in Document �• . �o .. ? / �� 16 ,� • �<v 6004 SFeD oS. S>,, CM #5: Located north of the northeast intersection of Troy Road and No. 200302162386 (Volume 2003013, Page 1499), Deed Records, Dallas . °/ `.s �O 7512 SF .S , cb ,O %,34.s3' moo\ N F CountyRoad 732 (Beaver Creek. The monument is located Count Texas and beingmore particularlydescribed as follows: �,�`�, •\/ s• 40 G N S Y, o• sT�� sus. % 2R�r. 72110 SF L�•. CO„�� // �ssF 27 °o0��y approximately 8.5' west of the southeast corner of a chain link fence °o of F2 `�o \ SA. NE.� / DETENTION AREA G� �ccP. \ 6003 SF • 'A , and 5.3" south of the south chain link fence. cG,��` ,��90 �� / °s °ti R' /� �g5 (H.O.A.OWNED \ ° `� BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "JVC"set o 15 �a AND MAINTAINED) /� / \59 ,O. rl, in the southeast line of Sachse Road, a variable width right-of-way, for the \ T'27 2�. 1 os 7R 7210 SF / L10 �; �`� N: 7050245.89 E: 2578669.13 o o s 9 \ �� • I� \ 28 Somost westerly northwest corner of said Johnny N. Martinez and wife, ° 9� ° �` 9 \ s- 000 •, L=14.1 c� J R,o °° •o ELEV: 454.28 (PLAN) 454.17' (FIELD) Josephine C. Martinez tract; s \ o•�o co'LiF Q° \ 11 ti 7S �� \ \ 6000 S F ° °' _ oo47o T Oqi P`• 0/q \ l\ 10502 SF 14 S' \)CA \ \\ \ `1' c ', \ 6' 7d\ 6316SF / / Nbc �9 h ` s \ G�Too T \ s� 6S\ , \ �° °� I LA°RYC. MARTINEZ and wi \ So\4 \ 29 °o°, THENCE North 45 degrees 26 minutes 14 seconds East, with said southeast F�T��yo moo \�0, Sri, .4 �90 / �°° VONNE CUELLAR MAR EZ \ ti oo,\ 6000SFo line, a distance of 342.41 feet to a 1-inch iron rod found for the common 9 T `')' S L=10.85' VOLUME 83203,P� . 2560 0 O \ °�20 %1 °' \GF ti�� ti 13 �h / 4 / 'moo D R D _ 0 BLOCK A ,�ti°' north corner of said Johnny N. Martinez and wife, Josephine C. Martinez tract 'o ,o LF \ �h AR. 6585 SF /o,. h 9 '�° \ so 19 s� s, /4,3% o/ s' .4) \ \ 30 'oand most westerly northwest corner of said Larry C. Martinez and wife, \ °°°6 F� ;II \ \ \\ BLOCK A �06., �/ � Ix tx °(b. \\�o �9 s�o 6000 SF •• ° Yvonne Cuellar Martinez tract; \ s°°TSB III S?\ 4� / ^ - �� \ \S° RS6 O \ °°O 0 00 II N II ��\ 12 S�6 / `?° ` / EXISTING G� �� L=1.57' 24 \ sRs� \ `0" N'9 S' ° °' ,, \ \ 31 •99 c FCP FOUND THENCE South 44 degrees 34 minutes 49 seconds East, leaving said \ \ 9823 SF /�' cam' / j/ POND \�� 3r6.. 7118 SF 'off sue, s° southeast line and with the common northeast line of said JohnnyN. L \ N s GF\ \F oo\ 6000 SF°o �02 S, \ �' /� 2.. $ 'sue �>> ��°' '' �`SO Martinez and wife, Josephine C. Martinez tract and southwest line of said \�s>; /�� e� oco// OPEN SPACE �`�� s `' L=1.31' J .� 07 \ \ 32 So `�� Larry C. Martinez and wife Yvonne Cuellar Martinez tract, a distance of \ �I Ili. �j fr 2s, �� LOT 17X, BLOCK A L=6 92'_ `�, 23 �Qs , /�o°' s°o, 6027 SF �R'�F 623.58 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "JVC" \ Ni �; °• s 0 2 � , o\ oh set for corner; 2S. 69,425 SF q, ^�' \�S �$ 0 �� 6662 SF S �� •z\ 20 NCO ,5` REMAINDER OF 5�6, JOHNNY N.MARTINEZ and wife, tk� J'v' 22 L15 `S n� S�1 WYLIE DPV LIMITED PARTNERSHIP \ GC JOSEPHINE C.MARTINEZ 6'\ , r'° / S• 33 O 6 St \ DOCUMENT NO.200302162386 �h�° °°� '� 6075 SF �O `3�/�j 5��\ 6030 SF <`1,o. . ., DOCUMENT NO.20131029001473050 THENCE North 36 degrees 55 minutes 02 seconds East, leaving said common 2 5 �� 'S). 7. � O /- A - \ D.R.C.C.T. (Q 0. VOLUME 2003013,PAGE 1499 sP /V,6 „D'/ \?� 4a line, a distance of 362.93 feet to a 1/2 inch iron rod with a yellow plastic 4. 33./5' 1 D.R.D.C.T. 2, 21 L=8.36' / �j \�' O / �2os • - '� 6025 SF �'o ,, �/ \ \ \ ��' Jj .a cap stamped "JVC"set in the northeast line of the above mentioned Larry C. _________ I I ?s �»��F s �' L .23' s so\\ �°c 34 h`' Martinez and wife Yvonne Cuellar Martinez tract for corner; III \ L=6.45' "�,� 20 mac, / 69-' V ��1/ 4'Rsr• 7203 SF \`�o °srR, \ 8104 SF/ v�` 19.94' 6S - os N G6 ti� 6025 SF s / / �/ `i7, \� F \'o� a` THENCE South 45 degrees 11 minutes 57 seconds East, with said northeast �� Ca�2p3,. N �� s�S 19 / BLOCK A /yoo0 AD°� / S� \ sSS Ssz\F -L=9.85 jk,. a/ �� line, a distance of 439.43 feet to a fence post found for corner; o o 'G \o S �/ CD "0, \ \ s0 6099 SF °s0 tid % / �/ SSOS. 6 2�so. °� o �\ 8\ /�i' ^ \�°/0 8 �' 6579 SF �' ^, O �// \OPEN SPACE \ 18 �` /po $c; 11 / sSry ��, G\ �� c' FOUNDTHENCE South 45 degrees 03 minutes 10 seconds East, continuing with said 5 / L=2.40' F \• y ii'L� LOT 1X, BLOCK B °s \ 7707 SF r'o L 64/ /NC!) `'i �� 4' �6 L25 10 \ northeast line, a distance of 254.14 feet to a fence post found for the / �• o o / / �. \\ ��, 16,466 SF °o \Q, \moo- so- /�-j ��, N�� 5 CD ,3o, L=4.50' \ siS e. / 9502 SF \ southeast corner of said Larry C. Martinez and wife Yvonne Cuellar Martinez 2 ,, \ \ l\GF Sc,1' opo/ �u,,6507 SF o- co'`' ti $ \ \• o/ "'s�. tract; ly / �� \\°S • `s?\ 2.86> /y , D / / BLOCK C G` SCR 7602 SF \ ��sr / t/ �m` 3S3S \ ( ��'L°' 2 \��° \->, S�. k�� o / / 4 �° S� L=13.24' N / )° �7� \ THENCE South 44 de rees 55 minutes 30 seconds assin at a �›p 6170 SF • \ , X5°° �06,058 SF So. 7.88' ��o ��6 ��' ��' 9 R�r2 �rj 9 West, passing f `� // so �' rx F� L=5.55'-/ J 4�. °�/ 2v9• 6373 SF oA. distance of 365.79 feet a 1/2 inch iron rod found for the common south ��`°' L=19. L16 / 3 sS 9 �0 /�� ,o/ / sQ. corner of said LarryC. Martinez and wife Yvonne Cuellar Martinez tract, and Line Table Line Table � /G�° 0,°i � 6025 SF '; 6422 SF so- /��" �/ -.,.4, S 3 \ \oS �S Li o Ls S' ri,�,/ most easterly southeast corner of the above mentioned Johnny N. Martinez o.Line Length Direction Line Length DirectionL oo, 6187 SF S / �� 2 �°. d, F / o•S ' , and wife, Josephine C. Martinez tract, and continuing in all for a total TRACT 2 g`'� `�� •� L=1 8'- S 10 0 ti 6', <0. 0 S&B MONTGOMERY INVESTMENTS LLC I'�' \� �,` °o ��,6025 SF �• r'p ° �� '�°/ A6� 8 h ,\o distance of 732.00 feet to a 5/8 inch iron rod found for the south corner L1 3.00 N45° 26' 14'E L14 83.75 S44° 55' 30"W 4 \\So -' l , 00 °.0 °��; 6422 SF S0 L��i�4 ^�°�' �� 6390 SF `1 DOCUMENTN0.201900065000 �' / -L=10.24' "-., <<, of said Johnny N. Martinez and wife, Josephine C. Martinez tract; D.R.D.C.T. S\ L2 15.00 N43° 30' 27'W- L15 21.24 N89° 51' 46"E , �O 6021 SF •\°o- \ \ 1 `D° 5° `J'� 11 F / 4� �`'�O L3 21.02 N89° 02' 14"W L16 21.43 N87° 55' 39"W ° BLOCK B- Oo.° o\ \ \\ 8168 SF s°' oo �o�o �'a� 6164 SF ��s 7 4, / 4;° 4/Rs. 7 �'`ls• .�o°�°° THENCE North 43 degrees 30 minutes 27 seconds West, a distance of �0\ hp. • u'� o. �� % 13.60' o •. h L4 21.41 NO° 57' 46'E L17 24.46 S46° 06' 35'W / SO 5 \\s0 ?6�\ 12 L=19 , /\,' 6\b, `'// So,, 6308 SF 1,270.11 feet to the POINT OF BEGINNING and containing 15.880 acres of / , land, more or less. o°, 6000 S F o \ \oo. \7o. ,S 6 , 6109 SF s �/ ��`'j /� L5 15.00 N44' 34' 01"W L18 20.95 NT 11' 10"E j Op \ \ \& �1• �Og 7° ° / �p'). / 4/ ,SQ, 1 �`� \ \ 13 so. //yn �/ 6 CONCEPT PLAN L6 4.91 S45' 25' 11"W L19 21.51 S87° 51' 24'E \ 7'° ��' 6883 SF h� L7 22.21 S68' 57' 50"W L20 22.92 N46° 06' 35"E / S4 6 \boo. \ '� 6109 SF // ,56/ �SQ,, °O- 6000 SF°o \ \\ \ 14 u,." / /�° %�/J�' BLOCK D L8 17.24 S25° 46' 44'E L21 20.90 S2° 22' 17"W / \ \ �`L° \ \?9,5, \°(� 8315 SF �� -L=3� /b �'j `/%� 'G5:. 5 �'S, �� L9 20.62 N44' 34' 06"W L22 53.30 N44° 55' 30"E \ O \ \S �\ �� sr, 1� �F �1�1' \ ` 6 , 6933 SF S 7 sue. / � , DOMINION OF °a 6000 S F o �' S0, >S\ Ike• k,�Ik '9/ 4 L10 3.28 S45° 24' 55'W L23 21.04 SO° 33' 42"E O 0 / = 0.89' v' r' ' h�°' PLEASANT VALLEY \ `L/ /(1, / �. 6369 S F �� L11 41.05 NO° 02' 20"W L24 32.14 S48° 54' 46"E \ F� �1`L p0j cP ,� Li. 8 \SO 6 -� \, CDC)% / 3 , 1/2" IRF 604 o REAR YARD \ �00, 6000 SF • \\°o, S•\ L19 r,S (\ / / 6122 SF ANNEX TRACT L12 15.05 N44° 48' 03"E L25 20.42 S84° 21' 59"W o= SETBACK \ .,� /<9 6 j , ,-) L13 21.19 SO° 08' 14"E ZONE AE �`L / ��,, tkV . •( 5g - S 9 \s° ��/ /� 2 <Db 15.880 ACRES SIDE YARD SIDE YARD �Op. 6000 SF • \\°°' o��% 90 7200 SF °� SETBACK SETBACK o° \ ` / ^�`L' d g5° LOTS 1X, 2-16, 17X, 18 34, BLOCK A; Curve Table 5.0' i 5.0' <�°" J� �o ��0 0, Curve Chord APPROXIMATE LOCATION \ S \ 10 \ 6' 1 ° p rk1K� LOTS 1X, 2-13, BLOCK B; LOTS 1-14, BLOCK C; # Length Radius Delta Tangent Length Chord Bearing 15' CORNER 1�0-YEAR FLOODPLAIN 1 �00, \ 6000 SF • \\ °' ��5� �o' 9414 SF � O �� REMAINDER 0 LOTS 1-10, BLOCK D LOT SETBACK I °O SO\ G • 00 WYLIE DPV LIMITED PARTNERSHIP Cl 257.73 50.00 295'19'59" 31.65 53.48 N23' 46' 13"W N'1°' \\ 7�S vF c�� 6 DOCUMENTN0.20131029001473050 68 SINGLE FAMILY LOTS C2 188.47 280.00 038'33'55" 97.96 184.93 S62' 47' 25'E FRONT YARD 0 11 \C<Soo \�6' 0\ n0 D.R.C.C.T. 3 OPEN SPACES/COMMON AREAS BUILDINGLINE °o• 6000 SFoo 7D°\\ '8� 6�. OUT OF THE C3 126.30 300.00 024'07'19" 64.10 125.37 S33° 22' 14"W BLOCK B�o• <9 C4 252.32 50.00 289'07'59" 35.58 57.98 N14° 09' 32'w TYPICAL 70' LOT 1 \ s 12 \ s LI'Fs, GUADALUPE DE LOS SANTOS SURVEY, C5 220.62 280.00 045•O8'39" 116.39 214.95 s5s• 30' 03"E SETBACK DETAIL I °o, 600o SF �r°O° \\�'R. ABSTRACT NO. 1384 (DALLAS COUNTY) - \ 60 30 0 60 120 C6 79.68 425.50 010°43'47" 39.96 79.57 S52° 19' 53"W - - �� -� CITY OF WYLIE s° �� 13 DALLAS COUNTY, TEXAS C7 50.93 228.50 012°46'17" 25.57 50.83 N51° 18' 39'E cn'n REAR YARD REAR YARD \ °O c�'`O 6518 SF �O°' SCALE 1" = 60' C8 254.10 50.00 291'10'54" 34.25 56.51 S21° 52' 21"W o4 SETBACK o SETBACK �A\ C9 83.37 374.00 012'46'17" 41.86 83.19 S51' 18' 39"W S° ��0� SIDE YARD SIDE YARD SIDE YARD SIDE YARD \ O O,I C10 56.62 280.00 011°35'12" 28.41 56.53 S51° 54' 11"W SETBACK SETBACK SETBACK SETBACK ` !IRF 27 AU ust 2020 5.0' 5.0' 5.0' 5.0' gC11 57.41 500.00 00634'44" 28.74 57.38 S40' 13' 05"E Owner/Applicant: Engineer/Surveyor: C12 47.76 519.50 005'16'01" 23.89 47.74 N48' 03' 19"E 15' CORNER \ Wylie DPV Limited Partnership J. Volk Inc. SHEET 1 OF 1 LOT SETBACK l I Consulting, C13 56.62 280.00 011°35'12" 28.41 56.53 N51' 54' 11"E 1 8214 Westchester Street 830 Central Parkway East, Suite 300 I FRONT YARD �, FRONT YARD N Suite 950 Plano, Texas 75074 J . V O L K C14 148.23 665.00 012'46'17" 74.42 147.92 N51' 18' 39"E BUILDING P BUILDING o� \ \ Dallas, TX 75225 P. 0Phone: 972-201-3100 C15 20.07 300.00 003'49'59" 10.04 20.07 S46' 59' 46"E LINE LINE \ Phone: 214-673-0575 Contact: Jay Volk consulting TYPICAL 60' LOT TYPICAL 50' LOT 1 \ Contact: Ronald N. Haynes, Jr. C16 129.55 500.00 014°50'45" 65.14 129.19 N37° 30' 07"E y Email: jay.volk@jvolkconsulting.com 830 Central Parkway East,Suite 300Plano,Texas 75074 C17 48.62 500.00 005.34'16" 24.33 48.60 N32. 51' 53"E SETBACK DETAIL SETBACK DETAIL Email: rhaynes@HaynesDevCo.com 972.201.3100 Texas Registration No. F-11962 EXHIBIT"B" (Planned Development Standards) EXHIBIT"B" DOMINION OF PLEASANT VALLEY PLANNED DEVELOPMENT STANDARDS Community Framework Dominion of Pleasant Valley will be a multi-generational community where an emphasis on the pedestrian experience is balanced with the conveniences of a suburban lifestyle. A variety of housing types will be provided to meet the needs of a complete life cycle.This will allow residents to move within the community as change occur in their lives. In the Dominion of Pleasant Valley community, public and private spaces are given equal importance. Open spaces and common areas are interspersed throughout the community.Also, where possible, the natural features of the property are emphasized to provide for a balanced within the community. Permitted Uses: Uses shall be allowed in accordance with the "SF 10/24" column of the Use Charts established in the September, 2019 Wylie Zoning Ordinance with the following exception. A day care facility shall be allowed by right, subject to a specific use permit only. General Standards 1. The design and development of the Dominion of Pleasant Valley community shall take place in general accordance with the attached Concept Plan (Exhibit C). 2. The maximum number of lots/homes shall be 1,104. 3. Lot Mix: A. A maximum of 520 lots shall be the "Type C" lots (minimum lot width of 50') B. A maximum of 436 lots shall be the "Type B" lots (minimum lot width of 60') C. The remainder 148 lots shall be Type "A" lots (minimum lot width of 70') D. As part of each final plat submittal, a table shall be provided which indicates the number of each Type of lot within the Dominion of Pleasant Valley community. 4. A minimum of 22%of the land within the Dominion of Pleasant Valley community shall be used as open space. The open space shall be owned by the City and maintained by the Homeowners Association with the exception of the swimming pool area at the amenity center. A warranty deed with a legal description of each parcel of open space shall be provided to the City at the time of the ownership transferring from the Developer to the City.The swimming pool area shall be owned and maintained by the Homeowners Association. With the exception of the swimming pool area, all other open spaces within the community shall be accessible to the public. One element of the open space shall be a community amenity center.The amenity center shall generally be located as shown on the Open Space Plan.The amenity center shall be constructed with the first phase of the community and shall be completed prior to the issuance of a Certificate of Occupancy for any residential dwelling. Components of the amenity center shall include, at a minimum, a junior Olympic swimming pool, splash pool, bathrooms, BBQ grills, picnic tables, shade structures, playground equipment, and an off-street parking lot. Amenities to be provided in other open spaces identified on the Open Space Plan shall include, at a minimum, 2 gazebos with BBQ grills and picnic tables, and 2 sets of playground equipment. The open space, including the community's amenity center, provided within the Dominion of Pleasant Valley community, as generally show on the Concept Plan shall be recognized as meeting all of the City of Wylie's acreage and or parkland dedication fee requirements for public and/or private open space for the Dominion of Pleasant Valley community. The Developer shall coordinate with the City on the selection of type, style, location, size etc. of all open space improvements including but not limited to: plants,trees,turf, mulch, irrigation, benches,tables, pavilions, gazebos, grills, playgrounds, etc.The Developer shall adhere to established Park Division equipment standards and all Open Space and Trails Master Plan recommendations. All open spaces shall be sodded, rolled, and irrigated per the City's accepted practices. All trees within the open spaces shall have tree wells and bubbler irrigation. Water meters shall be furnished by the City, while backflow devices shall be furnished by the Developer. Monthly water and electrical charges for open space maintenance shall be paid for by the Homeowners Association A"cost of improvements" shall be provided by the Developer to the City when the open space ownership transfers from the Developer to the City. 5. Dwellings may encroach into the required rear yard by no more than 5'. Dwellings shall not encroach into the required front yard. Residential Standards Type A Lots Type A lots shall be developed in accordance with the September, 2019 City of Wylie Zoning Ordinance, except as indicated below. Dimensional Standards 1. Minimum lot area: 8,400 square feet. 2. Minimum lot width: 70'. On cul-de-sacs and/or elbows,the minimum lot width shall be 60'.The minimum street frontage for all lots at the front property line shall be 30'. 3. Minimum lot depth: 120.' On cul-de-sacs and/or elbows,the minimum lot width shall be 100'. 4. Minimum front yard: 25'.An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard: 5'. The minimum side yard on a corner lot adjacent to a street shall be 15'. If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 25'. 6. Minimum rear yard: 20'for the primary structure.Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area: No more than 50% between 2,500 and 3,000 sq.ft. and 50% must be greater than 3,000 sq. ft. 8. Maximum lot coverage: 45% 9. Maximum height: 2 1/2 stories or 40' for the main building. 10. A minimum of 2 off-street parking spaces shall be provided on each single-family lot. Type B Lots Type B lots shall be developed in accordance with the September, 2019 City of Wylie Zoning Ordinance, except as indicated below. Dimensional Standards 1. Minimum lot area: 7,200 square feet. 2. Minimum lot width: 60'. On cul-de-sacs and/or elbows,the minimum lot width shall be 50'.The minimum street frontage for all lots at the front property line shall be 30'. 3. Minimum lot depth: 120'. On cul-de-sacs and/or elbows, the minimum lot depth shall be 100'. 4. Minimum front yard: 20'.An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard: 5'. The minimum side yard on a corner lot adjacent to a street shall be 15'. If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 20'. 6. Minimum rear yard: 25'for the primary structure. Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area: No more than 50% between 2,250 and 2,750 sq. ft. and 50% must be greater than 2,750 sq. ft. 8. Maximum lot coverage: 45% 9. Maximum height: 2 1/2 stories or 40' for the main building. 10. A minimum of 2 off-street parking spaces shall be provided on each single-family lot. Type C Lots Type C lots shall be developed in accordance with the City of Wylie's Zoning Ordinance as it exists or may be amended, except as indicated below. Dimensional Standards 1. Minimum lot area: 6,000 square feet. 2. Minimum lot width: 50'. On cul-de-sacs and/or elbows,the minimum lot width shall be 40'.The minimum street frontage for all lots at the front property line shall be 30'. 3. Minimum lot depth: 120'. On cul-de-sacs and/or elbows,the minimum lot depth shall be 100'. 4. Minimum front yard: 20'.An unenclosed porch may encroach into the front setback by a maximum of 10'. 5. Minimum side yard 5'.The minimum side yard on a corner lot adjacent to a street shall be 15'. If a garage is accessed from a side street,the minimum setback for the face of the garage shall be 20'. 6. Minimum rear yard: 25'for the primary structure. Accessory structures shall have a minimum rear yard of 3'. 7. Minimum dwelling area: No more than 50%of the dwelling shall be between 2,000 sq. ft. and 2,400 sq. ft.The remaining 50%of the dwelling shall be greater than 2,400 sq.ft. 8. Maximum lot coverage: 50%. 9. Maximum height: 2 1/2 stories or 40' for the main building. 10. A minimum of 2 off-street parking spaces shall be provided on each single-family lot. Residential Architectural Standards 1. Plate heights in houses shall be no less than 9' for the first floor and 8'for the second or higher floor. 2. The front facade of each house shall contain architectural detailing to include at least two of the following: A. A front porch, as defined in No. 7 below. B. Decorative gable feature. Such a feature may be delineated with complimentary building materials or differing laid pattern, or combination thereof. C. Decorative door, window, and/or opening lintels. Such a feature shall be delineated with complementary building materials. D. Complimentary building material wainscoting. E. Attic windows or dormers. F. Window shutters.The shutters shall be sized to match the window sash. Examples of the above are shown on attachment 1. 3. A"sense of arrival" shall be created at a house's primary entrance.This can be done with but not limited to any two or number of the following: A. A front porch B. Oversized openings for a recessed front door. C. Complimentary building materials to accent the entryway. D. Decorative front door. E. Enhanced primary walkway paving using earth-tone colored concrete (stain mixed in, not applied after), stamped pattern concrete, or brick pave stone. Examples of the above are shown on Attachment 2. 4. Architectural repletion: 7 lots skipped before repeating same floor plan and elevation. 5. A minimum of 25%of the home's street facade shall be offset from the remainder of the facade by at least 2'. 6. All of the homes shall have at least one front elevation option which includes a front porch incorporated into the home's front elevation. 7. Front porches:A front porch shall have a minimum depth of 6' and a minimum width of 10' (60 square feet minimum). Front porches shall have railing and columns.The railings and columns shall be architecturally compatible with the house's front façade. 8. A hip roof which faces the street and which comprises greater than 35%of the total width of a house's façade material shall be broken up with dormer or other architecturally compatible appurtenances. 9. Lighted house number wall plaques shall be provided on the front of all homes. 10. Exterior façade material:The homes shall be constructed of 100% masonry. Masonry shall include brick, stone, masonry, stucco, and hardy plank. In no instance however shall hardy plank comprise more than 20% of any individual facade of the home. 11. Chimneys shall be enclosed with masonry matching the exterior walls. Chimneys shall not be clad in hardy plank unless it can be shown that such material is needed from as structural perspective (chimney extending through a roof) or from an architectural perspective. 12. All trim, siding, ceiling, and garage doors on the front facades shall be painted two contrasting colors to achieve an architecturally enhanced appearance.An example is,trim to be painted one color and side surfaces and garage doors to be painted a second color. 13. Roof pitches shall have a minimum 8:112 for main gables and hips. Dormer roof and roofs over porches may have a lesser pitch. 14. Roofing materials shall be either, architectural grade overlap shingles, tile, or standing seam metal. Wood shingles shall be prohibited. Vents and other roof appurtenances shall be painted to match the roof's color. 15. All of the homes shall have at least one front elevation option which includes two single-car garage doors versus one two-car garage door. 16. Garage doors: Garage doors may face a public street. Garage doors facing the street shall comprise no more than 45% of the total width of a house's facade. 17. Garage doors shall be carriage style in appearance.This shall be accomplished with the following. A. Garage door panels shall be wood clad or have the appearance of wood. B. Decorative hardware shall be attached to the garage doors. Such hardware shall include handles and hinges in a complimentary color. Examples of the above are shown on Attachment 3. 18. Carports are prohibited for homes with front entry or swing garages. 19. Fencing: Fencing located in the front of a house shall have a maximum height of 4' and shall have a minimum 50% of the fence face area transparent. Fencing along the side or rear property lines of a lot, including when a side or rear property line is adjacent to a street, shall have a maximum height of 8' and be constructed of wood with metal poles and the fence's rails facing to the inside of the lot. (Pressure treated wood as a fence material shall be prohibited). 20. Board on board fence construction with the fence's rails facing to the inside of the lot, shall be done on all corner lots where the fence is adjacent to a street, shall have a maximum height of 8' and be constructed of wood with metal poles and the fence's rails facing to the inside of the lot. (Pressure treated wood as a fence material shall be prohibited.) 21. Tubular steel or wrought-iron type fencing shall be required on all single-family lots adjacent to open spaces, greenbelts, and parks referenced on the Open Space Plan (Exhibit D). 22. Landscaping: Sodded front yards with a minimum two 3" caliper trees and five shrubs shall be provided for each home. Enhanced landscaping along the home's primary walkway shall also be provided. When automated, subsurface irrigation systems are provided, rain sensors shall be installed and operational. 23. Outdoor lighting. Entrances to homes and garages shall be illuminated. 24. Conservation/Sustainability:All homes shall comply with the Energy component of the Wylie Building Code. COMMUNITY DESIGN STANDARDS 1. Public open space easements: 30'wide buffer with a minimum 8' wide trail to the rear of houses beside the open spaces and perpendicular from a street. 2. Perimeter screen along Sachse Road and Pleasant Valley Road shall be provided as generally shown on Exhibit E (Conceptual Perimeter Treatment). More specifically, a minimum 6'tall board-on-board cedar fence shall be provided to screen the adjacent homes from the roadways. The fencing shall have metal poles and masonry columns spaced every 50'.The fence's rails shall face the inside of the lot. Additionally,the fencing shall be stained to a uniform, neutral brown color and be maintained by the Homeowner's Association. In conjunction with the fencing, shrub plantings shall be provided. 3. Perimeter buffer,trails and landscape:A minimum 40' buffer shall be provided along Sachse Road and Pleasant Valley Road. A mixture of large/shade and small ornamental trees shall be provided within the 40' buffer.The trees shall be planted in natural groupings versus being evenly spaced.A minimum of 8' wide concrete trails shall meander through the buffer as generally depicted on Exhibit E (Conceptual Perimeter Treatment). 4. Furnishings along trails: Benches with backs shall be provided and spaced appropriately when adjacent to open space. Decorative paving and cross-walks at street connectors shall also be provided. 5. Curvilinear streets: A minimum of 25%of the streets within the community shall have a curve between 3 and 23 degrees. 6. Entry features and medians:Architectural features on stone screening walls or stone monuments shall be located within a landscaped median to the first cross street. Decorative paving shall be provided in the cross-walk. 7. Signage at community entries: Community identification shall be incorporated into the screening wall or monument located at the community entrances.The sign shall be illuminated by means other than street lights. 8. Sidewalk locations: 5' sidewalks shall be provided on both sides of a street. 9. Mailboxes: Mailboxes shall be paired at the common property line of two lots.They shall be a uniform style, selected by the developer, and shall be stylistically consistent throughout the Dominion of Pleasant Valley community.A number plaque shall be provided on the mailbox. 10. Sidewalk lighting: Upgraded decorative street pole lighting shall be provided throughout the community.The poles shall have solar controls and be spaced every 250'—350' and at intersection at mid-block. 11. Alleys: Alleys shall not be required. 12. Community buffer yards, entryway treatments, and landscaping shall be designed, developed, and maintained in accordance with the standards established in the Wylie Zoning Ordinance unless otherwise identified in these requirements. 13. A Landscape Plan shall be provided in conjunction with the preliminary plat. Such a plan shall comprehensively address edge treatments such as perimeter screening and landscaping and primary and secondary community entrances. 14. Community Streets: Streets within the Dominion of Pleasant Valley community shall dedicate right-of-way and be built to the paving widths and thicknesses as identified on Exhibit F (Paving and Right-of-Way Dimensions). Roadway Impact Fees shall be paid for the Dominion of Pleasant Valley community's impact on Ballard Avenue and Pleasant Valley Road. No other financial obligations with respect to these roads shall be required. TREE PRESERVATION Surveying and mitigation of protected trees shall be in accordance with the following 1. The developer shall submit an aerial exhibit of delineating wooded areas in remaining undeveloped land. The total acreage of wooded areas shall be shown on the exhibit. 2. Within existing wooded areas to be developed in future phases, a representative one-acre area shall be identified by City staff. 3. Protected trees within the one-acre area shall be surveyed in accordance with the City's tree preservation ordinance. 4. The number of trees,total caliper inches, and required mitigation within the one-acre area shall be calculated in accordance with the City's tree preservation ordinance. 5. The mitigation requirement for wooded areas within remaining phases shall be assessed based on the mitigation required for the one-acre area. WIIMIIIIIIIIIIIIIMIIIIM e. Apt vir vivey limo ;!_:&BIKE jl: -WI 1 - TRAIL --�---- l �' — 1- .. - - _ . SACHSE ROAD . , i , . „,,, , , , iiire liii. olloommonionr, 1 11. 11iMill I . V D s� E w..l ✓N }° ! all,ME NB= "gyp -j • # im. mu Ed- pv110 akr. --------- ,,_,':14,7„,.__Ion ,.," ,....,, , D � imimi :. Kw rmi L.I.Age, .40 . ►rr � ! I r ne II El iuusfr % 44s7 e lig # IrV 411 99/1 --) A / lila I % • • lama ei, • • r,- ) ( Wall 11111rAt ke - 't Wadi 0, .... %.* '.,,ii4. ', J . ' '.` tar / ,) ".44,4 . 1 ,ni ' ,g, 17m). -k::,(t aft 1 !j-i-j--81-1-Ja 1111144, corer ,101- , A -. .- . '1/440, .." -4 , • .vt,145:,, sipq4.44,4,4 111 t: / #13 ir a/ :.---:1:--------------------:----_-::-:A---__ 41111k '' ' 4,4'..-fmi #4 . , -___.-7.--=-4:_m ,__,,z____________________(//spisariir 'raft eadise iffilless . FLOODPLAINisko,„:/* �n.- 7 #10---- -,,---___--- 7._wwwit /__iiiito° ►----- miewair ir ►►1 /W" �.oitA,;* P' . .•.� # ,_--'ef---------_____ -- F----::::;--.7-ffitit%;_:_-_-____ aka* w Arte* :4:#21 ii.__ ,, ,,,, , G_______ _.:_________, ,..........., _ ..„_,.:.,-,:,,;-_;:ii-it.„..ii_____ „„iiik !gat / 4,,iww, , / #13 f ! 1 ►a_ _ #f7 - ■r� ,�i iiimsp ,,,t Y. AI. .. i affeimsr • 1 - NI . .., ' !-PEKE&BIKE TRAIL � '- -- - wFa�+ , /Nei►►►� - Fnasrvr -�-__- . .giat /ow � No ! !MIII1�►► ►►►ll - _ ,nit .�; - �j litits*Ina ri& ' 4111iiii. "-.1-"-* *-4-;--11164-8-_ill* : ' - ., #. -------------------1.111111/111/WingliffAr . F)/( IR i 11 it lap FA .. 0,„, ,,, „,,,,r ire_ _ ----__ , --__________ ►► . . --- 101/11/ptiL.4---'''''''''''''''''' --- -1-__ , PLAYGROUND& rta.wti GAZEBO 1111 111 ►►"i : -‘‘4 pe. 1i1 0 1.\1 Wa1OM_1M1_11Il"-MNibEIIa1M ►►►• • . . 18t i. e11-* ------1----14r1 41,1\rP ii \0fi0l lo%1.i6 PIPON .y PROPOSED PLANT } �'- 1 , may. nM :. �� 1-P' � LOTS LOTS F +ke ■ �i a 11• . ■a 50: 450MAX 54: 524 * . • rn �r i '! ! ! 60: 427 MAX 60: 436 • ■ �� 70: 98MIN,148MAX 74: 148 �3 *4 . . rgise . 3I1 975MAX 1144 �� 4Eti ■ ! ►� "If/ t ##14 �a o au:�� 1HIKE AND SIKE TRAIL • • 3-9p MI HIKE ANO BIKE TRAIL ■rrrr■ 4-15 MI !1 -0'• •• 1i • a• • . 1111111. � 1 1I�1111111111 TOTALAREA{AC.) 355 370.88 yam;. ,a'4 I" r`+rR1 EU r■ WW&Nrrr�■ Milr►ie'rrrrwr♦j I ;L rs Rr *� a� • OPEN SPACE AREA{AC1 81.1 83.17 Ili i ■r r r _ #4}} OPEN SPACE PERCENTAGE 22.8% 22.4% 1 1 r - JEi:>•TSs�E + ui'1;[1h1i —— ———V am" II Haynes Development Company DOMINION OF PLEASANT VALLEY J. V ❑ L K OVERALL TRAIL & PARK CONCEPT PLAN 011:47\ consulting ntrdl Parkway East,Sul[e 3°p CITY OF WYLI E, TEXAS 200 '°° ° 200 4°° Plana,Texas 75074 V2 2°1-31°v Tews Re6istratic rev.F-11952 SCALE 1"-200. 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SAc SE ►♦i♦i♦i♦i♦♦ ! •• ?% ��0,, ll i>�.�♦�O ! /'C O A 1' i n _ _ / ZC 2020-10; Dominion of Pleasant Valley IA/ �� '�L:s 1J 0, r ._,,....s � _4->/-•( 200 Foot Notifcation Buffer ��♦�♦�♦�♦�� Subject Property IN , �,� CITY OF �- ' _ � '" �� - N 0 385 770 1,540 2,310 3,080 Feet WYLIE L I E \ • �,� ; ►'` y ,F-A i i I i I I I 1 � 1 1 1 • • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2020-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2020-10. Please feel free to contact the Planning Department at 972.516.6320 with questions or concerns Date, Location&Time of Planning&Zoning — __ - - Commission meeting: Tuesday,September 15,2020,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 13,2020, 6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas kA 1 j4 ....------- Name: i q 46 / 1 ) (please print) Address: (c?a- Ue(AW Oq - r' l L , Fia`i 09e Signature: Date: q Ci/d—C)° COMMENTS: . , Locator Map , .....,.../../ AI b •• * . ra.,,Wr'ell .1_,„ '. s i Zis at,iv* .4-.-ii,*••%, ,R7VI'•4...1,,,,. :SO:, , Y:::,. e'43.:.>;,7 ','izier ' .w....-.rt-WI l' '''''s .N.1/4.1.;:li'.4.1.::),':-LI,..14°4,...::6,1'411;.,,„--74.''',..74.' c'....-,';.lifivi.16.'-:425,i,,,''....- -1 1 '''''',..•„.::46,1/11,11'',;."1:,..' ,_e-'44',/st% ,‘ 7---""..',I . -S';t,*-".2"1'..=, -:*. 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'.. ...f CITY OF 0 1470 940 1 1 1,880 2,820 3,760 Feet WYLIE "% . --.„1 ..r.-3 •/CO-A A I I 1 1 1 1 I I 1 I DOMINION OF PLEASANT VALLEY CITY OF WYLIE CITY COUNCIL OCTOBER 13 , 2020 .' i.", ii —1M411 + '- '' 1 a f y ^ + :1F' ilk Iw d., 7.�! 4 .e d f' / � � "'` S. APSE2 9ll "y;r • • fiyr w rF �/ i " t.4 ,"" � -^ " ! .�.rs Pp4 rs, � ? �- ? � . Q PHASEI ��l, x a t • ,10.14iftiOdkikti*..-,': ' •. '..( . ,..,..„..,.. ,,,,,:#..,....4.1), -..,..-...,. ,-,.........„ ,:,.:,:„.,: . ,\ ,L) , , , , tr.r , . . . , . . , , . , . . ,�s� .... ,.. . > .\yv�F PHASE 3 *,' y _ (UNDER CONSTRUCTION) - iiir e. • ANNEX 15.88 AC FUTURE 0 , DEVELOPMENT <,� • 1t,,,.,--' ' ' ."*.A s //.- 1\ " ,-, •, , �qf4 fit' Q e' • p f 4, P ' • \ P • 1_ ar k i . --T7 r121-L.-1 ---FI'"'ll. 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MZEIVINI-1111114111 "' '/1411111 Hillatiatili:11 DOMINION OF -!..,-- , iiiniliaseltir*-% li *Ira tilt gado '\ . _.• __ .. ,- OVERALL CONCEPT PLAN 1 „<:%1' 0 ‘ .•arkelialir--- ''' ''---4 ': • 0 •10,1... _,:. ,, „ CITY OF WYLIE,TEXAS ' <2' .&4' /-c";'l',4'.'46+ 54 , , z 'IL__ :. z,, A , . .. = 00 i_LWLQflj: --- L .-k-, .',;,&: :':4k eft,* m m73 '\ AUGUST 2020 • -:,` M MOP 1-10----- ' '''-' \' ' ' - - • •• - t ii Haynes Development Company AiAtbk- •;,'----.40, --:-:. soLAN . ..._ .. , (------7' ' ' t- ' 1 1.1111.1"111 ICIEMI VoLn Vtli-n '- ` — 9/2.201.0 LexasrcedstratIonno.1. F I --- - ,,,, ,.1 1 = m '...,.r . SekLE I..200 —..— .— i \ , r-\ '11 \---3-.---- -- • • - . . --4"--Z.V.P .______.--•-------_____________J. . I. ------1 r \ , • . 1 . . - • 1-1 T. i! 1 1 1 ! 1• -ri i I ,--"\--r- .._,LE LA•rl. • \ --) 1 1 1 - , k. ),L .;- •.; -., x I--1— L .'` _k. 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''...i-NrA. • •..... . ram,,_ ram, 6 r u ` / Representative Photo a i _ Tnt \ �;4 Average house price on 50' lots to date: $378,500 Highest house price on 50' lots: $497,700 Average house price on all lots: $424,000 Highest house price on all lots: $594,000 Number of homes sold over $500,000: 32 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 13,2020 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: October 5,2020 Exhibits: 5 Subject Hold a Public Hearing,consider,and act upon,a change of zoning from Agricultural District(AG/30)to Agricultural District Special Use Permit (AG/30-SUP), to allow for development conditions of an existing Waste Water Treatment Plant on 50.322 acres,generally located on the northwest corner of Pleasant Valley Road and Elm Grove Road. (ZC2020-12) Recommendation Motion to approve a change of zoning from Agricultural District (AG/30) to Agricultural District Special Use Permit (AG/30-SUP),to allow for development conditions of an existing Waste Water Treatment Plant on 50.322 acres, generally located on the northwest corner of Pleasant Valley Road and Elm Grove Road. (ZC2020-12) Discussion OWNER: NTMWD APPLICANT: Huitt-Zollars,Inc. North Texas Municipal Water District is requesting a Special Use Permit (SUP) within the current Agricultural Zoning district to allow for conditions for the continued use and expansion of an existing WasteWater Treatment Plant on 50.322 acres. Texas state law prohibits municipalities from excluding Separate Political Subdivisions, such as an ISD or Utility District, from a zoning category. However, the law allows municipalities to enforce other zoning regulations on the property. In essence a situation of, `cannot regulate where to build it, but regulate how to build it'. As such, the requested SUP sets conditions on the underlying site,not the use itself. The SUP conditions require the NTMWD to provide a landscaped berm a minimum of six feet in height with a minimum 3:1 slope. The berm will include landscaping along the apex in addition to security fencing along the perimeter as required by the Texas Department of Environmental Quality. These conditions will provide ample screening of the site along the frontage of Pleasant Valley Road and the adjacent border of the Dominion of Pleasant Valley residential development. The SUP conditions allow the NTMWD to conduct further development of the site without conducting a tree survey or mitigation on the 19.3 acres of undeveloped area, as is normally required by the zoning ordinance. While the zoning ordinance contains tree mitigation exceptions for buildable areas, necessary easements, and other utility areas that may endanger public safety and welfare, which may allow NTMWD to clear many of the trees without mitigation, a survey would still be required.The SUP conditions would forego the survey,and as previously stated,require prodigious screening. Page 1 of 1 Page 2 of 2 While maintaining Agricultural Zoning, the Special Use Permit contains design standards that match the restrictions of development within a Heavy Industrial Zoning district,being in line with the use on the property. Those design standards include allowing tilt-wall construction and restricting service and loading areas. Lastly,the SUP allows the zoning to revert to AG/30 district should the NTMWD cease to own the property or operate the wastewater treatment plant. Notifications/Responses: Four notifications were mailed; with no responses received. 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'F r!�cv `'it '�yh. tY' n �f 4 ! .,�' �`t. ,,S' : • - « ,, 1, / �• � ( .� • `;fib.;: ., rs , _. . . Nki" ih.. ." ge: 0.11.•-s:#: 4, ''i \,.'.N.,;',..'. ' ' t1 .. #4,4K. "" '..:4, ZC 2020-12; Muddy Creek WWTP; SUP ...,,,,,,,,./, ' :74,......, ... . -,... -,...v.,-.:14 . 1A/ ,,,,,ii,,,,..,,, ),,,,:o.'' s-• .:, ,,,, '• r� 1 eeeee L `1• °°♦ee Subject Property " ._, `'^� fi`j ,(: CITY OF L- ! -077 N 0 240 480 960 1,440 1,920 Feet WY L I E -�- i�; ; +}` y 4 1 1 1 1 1 1 I I 1 1 i i I Legal Description for Muddy Creek Waste Water Treatment Plant BEING a tract of land, situated in the Guadalupe De Los Santos Survey,Abstract No. 1384, in the City of Wylie, Dallas County,Texas, and being a portion of a called 84.98-acre tract as conveyed to H.A. Walker and evidenced in a Partition Deed recorded in Volume 76174 at Page 2546 of the Deed Records of Dallas County,Texas (DRDCT) and being more particularly described by metes and bounds as follows (bearings based on the northwest line of said 84. 98-acre tract,said bearing being North 44 degrees 53 minutes East): BEGINNING at a 1/2-inch iron rod found in a barbed-wire fence for the east corner of said 84.98-acre tract, and the south corner of"Tract No. 1," a called 68.11-acre tract as conveyed to Southwestern Medical Foundation and evidenced in a Deed of Gift with Special Warranty recorded in Volume 93187 at Page 4726 DRDCT said iron rod also being on the current northwest right-of-way line of Pleasant Valley Road (a called 100-foot wide right-of-way); THENCE in a southwesterly direction, along the southeast line of said 84.98-acre tract and the northwest right-of-way line of said Pleasant Valley Road and generally along said barbed-wire fence,the following: South 45 degrees 25 minutes 53 second West, a distance of 864.26 feet to a point for corner; South 45 degrees 55 minutes 53 seconds West, a distance of 529. 88 feet to a point for corner; South 45 degrees 44 minutes 53 seconds West, a distance of 376 .19 to a 1/2-inch iron rod found for corner; THENCE North 44 degrees 15 minutes 08 seconds West, departing the southeast line of said 84.98-acre tract and the northwest right-of-way line of said Pleasant Valley Road, a distance of 200.00 feet to a 1/2- inch iron rod found for corner; THENCE North 15 degrees 26 minutes 24 seconds West, a distance of 1,514.55 feet to a 1/2-inch iron rod found in an old barbed wire fence line on the northwest line of said 84. 98-acre tract and the southeast line of a called 142.76-acre tract as conveyed to Ronald R. Graves, et al (an undivided 28% interest) and Roddy V. Graves, et ux (an undivided 72% interest) and evidenced in a deed recorded in Volume 90023 at Page 0584 DRDCT and Volume 3190 at Page 529 of the Real Property Records of Collin County,Texas (RPRCCT); THENCE North 44 degrees 53 minutes 00 seconds East, along the northwest line of said 84.98-acre tract and the southeast line of said 142.76-acre tract and generally along said barbed-wire fence, a distance of 994.96 feet to a 1/2-inch iron rod found for the north corner of said 84.98-acre tract, same being the west corner of said 68 .11-acre Southwestern Medical Foundation tract; THENCE South 45 degrees 56 minutes 51 seconds East, along the northeast line of said 84. 98-acre tract and the southwest line of said 68 .11 acre tract, a distance of 1,539.67 feet to the POINT OF BEGINNING and CONTAINING 50.322 acres, more or less. Page 1 of 1 mmmmmmmmmmmmm // // SPARROW I CITE / C' EKSIDE 'L / /// // TRACT 4, GUADALUPE LDE IE DLOS SANTOS ABSTRACT SITE 4, I,/ / INST. #201300334381 DRDCTLOCATION '40 %� '/ / ZONING: PD s ly / / 994.96' N44°53'00"E �`" / Gfk 1 �O°�►nE"' % / / �L t Cottonwo.. — — <v / \ `°a •5 -`- pia / /— / 25' B.L. 25 B.L. O`' i 9tio �� q ked` �o / / C _ -/ 5 t/ \ HERITAGE �f �,t�`" �� / / � \ \ % c / /�; P�// oow // FUTURE LANDSCAPE BERM \ \ I �iz, c ``k o{ 1/ cV O <Z-- I \ \ I g°° c� al. // N I �<" \ \ 1 Q\,0F6 Q \ �'T LIBERTY GROVE / / ,/ hoo � VICINITY MAP / z I / I I / / / / // / /// / WYLIE DPV �,� / 7 // TRACT 6, GUADALUPE DE LOS o'( / / I SANTOS ABSTRACT 2 /// // INST. #201300334379 DRDCT '(t� ZONE AE / / / IZONING: PD o so' 160' //1/ /' EXISTING WOODED AREA w .DALS COUNTY / w I / In TRACT 13.1, GUADALUPE DE LOS SANTOS ABSTRACT / /I / H: 1" = 80' VOL. 97014, PG 2128 DRDTC / / cn o / ZONING: AG/30 ;` // /� i // z Q LEGEND / Li]/ /// I D TREE LINE / __ — // / NORTH TEXAS MUNICIPAL WATER DISTRICTI MANHOLE / TRACT 13, GUADALUPE DE LOS SANTOS ABSTRACT / / / VOL. 97136, PG. 3071 DRDCT FLOODPLAIN // //. // ZONING: AG/30 I // 50.322 ACRES PROJECT SCHEDULE J / / N i/ 2002 — 2004 PLANT CONSTRUCTION. 5 MGD 2006 — 2007 PLANT EXPANSION TO 10 MGD / 2009 — 2010 PLANT TREATMENT PROCESS IMPROVEMENTS / // / &2018 — 2019 PLANT CONTROL & BACKUP POWER IMPROVEMENTS / I /LIFT STATION 2021 ADMINISTRATION BUILDING EXPANSION ODOR '��, —!\_ II / 1,113B SQUILDINGFT. 0 CONTROL \ ZONE X / \ BLOWER ELEC BIOTRICKLING I I SPECIAL USE PERMIT (MUDDY CREEK WWTP) N' in BUILDING FILTER BUILDING — — _ J / N\ J Ni 1,954 SQ.FT. 936 SQ.FT. r HEIGHT / TXU TRANSFRMEk ❑ / r HEIGHT OF STRUCTURES (FEET) 50', 100' COMMUNICATION TOWERS CONCRETE DRIVEWAY CONCRETE DRIVEWAY // —I —UE UE — UE NUMBER OF STORIES 4 TXU ANFjiOLE RAS/WAS \ RESIDENTIAL PROXIMITY 3:1 SLOPE FROM RESIDENTIAL LOT WAS HOLDI G BUILDING NO.1 AUX. PRIMARY / ��u TANK 1,512 SQ.FT. GEN. \ CLARIFIER 1 _ _25 BUILDING PLACEMENT AND COVERAGE 1 \ ` / AUX. I ® � �� \\\\\ / GEN. / 1 STORAGE \ r 1, FRONT YARD SETBACK (FEET) 50 \ \ SHED TXU TRANSFORMER \\ / 161 im SECOND,'RY SIDE YARD SETBACK (FEET) 25 2,045 SQ.FT. CLARIFIE" 1 Br. ' ��?!� C),1i A. w_ �Iit I REAR YARD SETBACK (FEET) 25 SECONDARY EJ w ZONE AE \�'�� -\ PRIMA�Y S_UDGE CLARIFIER 1A \ L LOT COVERAGE NO LIMIT \ 1 �/ \ SLUDGE PROCESSING HOLDIN TANK �� """Im 1 BAR I BUFFERING AND SCREENING / N \SCREENS / / I BUILDING 11 12,940 MINIMUM 6—FOOT HEIGHT WITH EVERGREEN DEVELOPMENT SCREENING ON OUTSIDE FACE AND TOP FILTERS III" SQ.FT. i, °�) �RF r:: RIT ADJACENT TO PARK AND FLOOD PLAIN NO REQUIREMENT 0 / / / F� \� .. n �' I C AMBER ;° / �- — PRIMARY LU SERVICE AND LOADING AREAS NOT VISIBLE FROM PUBLIC STREET OR / /� � c Q SPLITTER ADJACENT SINGLE—FAMILY RESIDENTIAL ct / / SECONDARY BOX USES �'T / I UV n ` > CLARIFIER 2 /N / w DISINFECTION PRIMARY I ZONING EXI-IIBIT oo iI t 1855 SQ.FT. n o AERATION BASINS CLARIFIER 2 „ ) , F— / / C- / �,/ z RAS/WAS w j I Aucust 28, 2020 / ��/ 0 NO.2 m\\ BUILDING 2,045 SQ.FT. w/ PROPOSED SPECIAL USE PERMIT �/ / 0 N / `� FOR �- / / <v� z PROPOSED _25 Q / (O6/ ADMIN ADDITION MUDDY CREEK 2,156 SQ.FT. ADMIN BUILDING 1,812 SQ.FT. / / 18 EMPLOYEE/VISITOR SPACES UT� 17 STANDARD, 1 HANDICAP WASTEWATERTREATMENT ( // \\\\\\ ' ' I � N / / (10 x20 MIN.) J , , 111111111111 6I I k OPERATIONS FACILITY Im / J I I I in bI CONCRETE DRIVEWAY I CITY OF WYLIE, COLLIN COUNTY, TEXAS I I I LANDSCAPE BERM 50.3 ACRES `V / LANDSCAPE BERM i_ -UE— i I ( ( r 1 � 1 Ij " P ABLE 0' B.L. \ I I 50' B.L. 50 B.L. ER SER ' E I OWNER ENGINEER co NORTH TEXAS MUNICIPAL 00 I I 2" '• ° : E W.L.POTABLE / WATER SERVICE HUI ~ _ 21ARS / _ WATER DISTRICT - _ - - 376.19' S45°44'53"W 529.88' S45°55'53"W 1 864.26' S45°25'53"W II 501 East Brown Street 1717 McKinney Avenue,Suite 1400 d Wylie,Texas 75098 Dallas,Texas 75202 EXISTING PLEASANT VALLEY ROAD (80' R.O.W.) Phone(972)442-5405 Phone(214)871-3311 a o �\ o\ \ Contact: David Scott, Program Manager Contact: John AnthonySosebee, P.E. _ - - _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ - - - _ _ I _ ---* I _ ! dscott@ntmwd.com tsosebee@huitt-zollars.com 0 0 0 + ° // �_// /�� -(/ z� // 9 // A� // // // // // // /� // August, 2020 Muddy Creek Wastewater Treatment Plant (WWTP) EXHIBIT "B" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to create permanent zoning of an existing Wastewater Treatment Plant and expand the existing premises under the Agricultural (AG) Zoning District with the following General and Special Conditions. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations within the Zoning Ordinance or Code of Ordnances, current or as amended, except as specifically provided herein. 2. All regulations of the Agricultural (AG) District as set forth in Article 4, Section 4.2B, Heavy Industrial District (HI), of the Zoning Ordinance (adopted as of September, 2019) are included by reference and shall apply herein. 3. All General and Special Conditions of this Special Use Permit shall remain in effect while the North Texas Municipal Water District (NTMWD) is the owner of the subject property and the operator of the wastewater treatment plant. Should NTMWD neither own or operate the plant, the zoning shall revert to the baseline Agricultural Zoning and all development standards. III. SPECIAL CONDITIONS: 1. A landscaped berm of a minimum six feet in height with a minimum 3:1 slope shall be provided around the entirety of the property that abuts Pleasant Valley Road (generally to the southeast) and the Dominion of Pleasant Valley subdivision (generally to the northeast and northwest). The berm shall have groupings or trees or shrubs planted along the Page 1 of 4 outward facing portion of the berm at regular intervals not to exceed 50' between plantings. 2. A Tree Management Plan shall not be required for current or future development of the property. 3. The Non-Residential Design Standards defined in Section 4.3 of the Zoning Ordinance, as adopted in September 2019 and as may be amended, shall not apply to existing and future projects shall not apply within the portion of the site internal to the perimeter screening as defined above. 4. Development Standards shall comply with the following requirements. Special Use Permit for the Muddy Creek WWTP Height Height of Structures (feet) 50' 100' for communication towers Number of Stories 4 Residential Proximity 3:1 slope from residential lot line Building Placement and Coverage Front Yard Setback(feet) 50 Side Yard Setback(feet) 25 Rear Yard Setback(feet 25 Lot Coverage No limit Buffering and Screening Adjacent to the PD Single Family Landscape berm along property line of Development minimum 6-foot height with evergreen screening on outside face and top. Adjacent to Park and Flood Plain No requirement. Service and Loading Areas Not visible from public street or adjacent single-family residential uses. 5. Design Guidelines. A. In recognition of this site being a waste water treatment facility for the City of Wylie and other customers, it shall comply with security fencing and all other requirements set forth by the Texas Department of Environmental Quality. These shall be senior to any other requirements of the City of Wylie. Page 2 of 4 B. Other Design Standards shall include the following requirements for site design, landscape design and architectural design. Site Design Requirements Element Standard(Must Fully Comply) Building 1. Buildings and other facilities will be located internal to the site Placement screened from Pleasant Valley Road and adjacent PD residential development by a landscape berm. 2. Administrative buildings will include connecting walkways to facilitate pedestrian movements between buildings and adjacent parking. 3. There is no restriction on size of building and facility footprints within the treatment plant site Parking 1. Parking spaces shall be internal to the site behind the landscape Placement berm. 2. Locate parking in close proximity to the building need. Access Drives 1. Minimum driveway width of 24 feet with 25' radius at intersections. 2. Maintain landscape treatment at entrance Location of 1. Service and loading areas shall be located behind the landscape Service and berm and not be visible from Pleasant Valley Rd or the adjacent Loading Areas PD residential development. Floodplain 1. All treatment plant facilities (buildings,tanks, equipment, etc.) Considerations will be built above and out of the the 100-year flood zone. Landscape Design Requirements Element Standard(Must Fully Comply) Landscaping in 1. There is no requirement for landscaping internal to the treatment Required Yards plant site,defined as facing inward from the landscape berm. 2. The outward facing portion of the landscaped berm along Pleasant Valley Road will be maintained and kept in good condition in and along the front yard. 3. The outward facing portion of the landscaped berm along the PD zoned residential tracts will be maintained and kept in good condition in and along the easterly side yard and rear yard. Landscaping in 1. No requirement. Parking Lots Visual 1. No requirement. Screening Landscaping of 1. The outward facing portion of the landscape berm along Pleasant Street Frontage Valley Road will be kept with trees placed in groves or belts on a spacing of approximately 50 feet. Floodplain 1. No portion of the landscape berm is allowed to extend into the Considerations 100-year floodplain zone. This limitation precludes the need for screening by berm in those areas along the northwest property line.Where not encumbered by utility infrastructure, existing tree masses or new planting are allowable screening options. Page 3 of 4 Architectural Design Requirements Element Standard(Must Fully Comply) Building 1. Administration Buildings shall be constructed of at least 25% Materials masonry product on the front façade. 2. The special use, equipment needs and process operations of the wastewater treatment plant require highly durable and resistant construction materials and finishes. Tilt wall construction, steel framed pre-engineered buildings with metal panels,masonry or other finishes are approved for process, storage, equipment, and other buildings. Pre-manufactured enclosures for equipment are approved. Building 1. No requirement. Articulation, Form and Massing Architectural 1. No requirement. Compatibility Page 4 of 4 Notification Map •♦ I Oi�i�i�i�i I ♦...............\ . I ♦.......................• ♦ • • \ o.❖.......❖.❖.❖.❖.❖..❖.❖.❖.❖.❖.❖.❖..❖.❖.❖.❖.❖.❖.❖.. r 1 `��!% i .❖.❖.❖.❖.❖.❖.❖.❖...❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖.❖./ ,r a • , -kC9 / MUDDY CREEK �..................♦ \, PRESERVE ��j��j��j��j��j��j�,• JP i WYLIE ETJ AT WYLIE \ *.�.�.�.�.�.�.�.�.�.�.�.�.�.�.,♦ \-\� i �..........., P �, I ;I / N •♦ A * ♦.5351 r' ♦ 'r ZC 2020-12; Muddy Creek WWTP; SUP �ls AI 1 7H t.._s 1L.,, .1 - - , L_-_-_-, 200 Foot Notifcation Buffer �� Subject Property INs*.T -0,� • CITY OF _ ' _ . `" r' N 0 162.5 325 650 975 1,300 Feet WY L I E - �� ;..►'` ii /1 I i i I I I I I I � PROJECT HISTORY Service Area: • City of Wylie • City of Murphy Phased Construction: • 1997 Property Acquired by NTMWD • 2002 - 2004 Original Plant Construction to 5 MGD • 2006 - 2008 Plant Expanded to 10 MGD • 2009 Improvements for Odor Control, Chemical Treatment, Instrumentation, Berms • 2019 Backup Power and Odor Control matansmEnnEmEnEmEnEmEnEmEnEmEnEmEnEmEnEmEnEnswomanssomsgsmacmgentatentatatmastatatatatrraosenymegnamatunosenymenymenymementematmegastagamantesmommoNsammammammusatatemamatamatamatamatamatamatamatamatamatamatamatamatamatamatamatamastassusisisisisisisingsztessztennEnEnEnEnEnEnEnEnn A , :t•A Iv. • •T• • • . ••11.1 41 fi SUBJECT PROPERTY 50.322 Ac SUP CONDITIONS Proposed Conditions: • Retain AG/30 Zoning with SUP overlay • Require a Landscaped Berm around 3 sides of Property • Provide for Tree Mitigation Exceptions on Buildable Areas • Restrict development and sets design standards consistent with Heavy Industrial Zoning and the Wastewater Treatment Facility land use REVERVEREENEENEENEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENNEENEMVERZNEEVNEVEZNEEVENVERME VV4., a EMBELETREENNEENEENEENEENEENERni REZONING EXHIBIT PLAN TNLyAN4LE \ // / � EN , // // ,,. ,,, fr / // I// / / / // r// r/ / LOIN NG PE; L,DGCBGE DEB', IONNAC AGOII ;GNU 'PANNEORNEF,' SECONGNGEY WETI.O'.Dart raui. 7 2,21 io_ rneo „„< ul ZONING EXHIBIT PROPOSED SPECIAL USE PERMIT FOR MUDDY CREEK WASTE WATER TREATMENT OPERATIONS FACILITY NORTH TEXAS MUNICIPAL WATER DISTRICT HUITT.a) JARS Landscape Berm & Tree Plantings ,,>a>l>lyrcr,arrfr,. >f )Vitl>l>l>l4,>a>r..`.t,+,>a>l»l>l>l>l>l>l>l>l>l>l>l>l>l>l>lv... 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NOISE & ODOR CONTROL NTMWD has taken a proactive approach to be a "Good Neighbor" • No Known Odor Complaints from Adjacent Neighbors • Added facilities and equipment beyond minimum requirements • Noise screened by landscape berm and setback within property Muddy Creek WWTP exceeds TCEQ Requirements for wastewater treatment plants • 150' Buffer Zone provided • Air Scrubbers and Coverings at Lift Station, Bar Screens, Primary Clarifiers, and Sludge Dewatering Facilities City of Wylie Odor Nuisance Regulations (Chapt 42, Environment): • Based on "normal" human olfactory sensitivity • Odor unrecognizable with 2 parts "clean air" mixed with sample F rt �.=t, �, , Jt r3 ��,1„�3>>}n>n>,m.,z 1 .....r�.Fx.Cu.. Cu.. x.Cu.. Cu.. x.Cu.. Cu.. x.Cu, lrSr.F.Sr.F.. ilJtt fi>,.Y,..Y,.. ,. JJJJGJ,GJ,GJ,GJ,GJJJ ,�,�,�,�,�,�,�,�,� ,�,�,�,�,�,�,�,�,� ,,,,,,,,,,,,171(i:,i i i.}t n,.i},...uJ .. ,.Cu.. x.0 ,.Ct e.,..,,w�,ift,},},,,{,$f{f{f{f{f{f{f{f,{�f,{�f,{ } .fffffffff .ffftu„1..}1} },�.F,,;r,,.�,rr .............. .cl. ,,,,,,,,,,,,, FS ,Ui.. aal .<.<.<.<.<.<.<.<.<. �,.,.�'r,}Y.Y},},j,}i,i.1}{f{f{f{f{f{f{f{f{f{�f,{�f,{�f{f{f{f{f{�f,{�f,{�f{f{f{f{f{�f,{�f,{�f{f{f{f{f{f,{�f,{�f{ft ,,,,,r,,,>.�. I ....ESx.Ct. .Cu.. x.Curx.0 Four odor control facilities have been installed across the plant to treat foul air. Foul air is conveyed from structures to odor control facilities utilizing large air ducts and blowers. Odor Control Measures Bio-scrubber facility treats foul air at influent lift station which pumps incoming wastewater to head of plant where the treatment process begins. New bio-scrubber facility treats foul air from primary clarifiers. Chemical scrubber treats foul air at ktres*RStWe4 t, tWer, 1s y101s„at{aA .6ge7IN >ttlNhyPwwwwwwwN1}vN:x✓f<xPM.RI JfisWWWh✓A sPRt„i utf.iY"n5to headwors where treatment process begins. i&n4rA4uut„„„��Nki4::v Odor Control Measures Cover for primary clarifiers Large chemical scrubbers treat foul air at final stage of treatment process. 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Recommendation Motion to approve Ordinance No. 2020-53 amending Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, 2020-38, 2020-41, and 2020-48 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, July 28, and September 8, 2020 the City Council adopted Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, 2020-38, 2020-41 and 2020-48 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 October 13, 2020. Page 1 of 1 ORDINANCE NO. 2020-53 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, 2020-41, AND 2020-48; 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. 2020-53 — Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35, 38, 41, and 48 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 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 Ordinance No. 2020-53 - Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35, 38, 41, and 48 Extending Declaration of Disaster 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, on September 8, 2020, the City Council adopted Ordinance No. 2020-48 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, Ordinance No. 2020-38, and Ordinance No. 2020-41; 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 September 8, 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. 2020-48, 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, on September 17, 2020, the Governor of the State of Texas issued Executive Order GA 30 relating to the targeted response to the COVID-19 disaster as part of the reopening of Texas; and WHEREAS, on October 7, 2020, the Governor of the State of Texas issued Executive Order GA 32 relating to the continued response to the COVID-19 disaster as Texas reopens; 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. 2020-48, 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 Ordinance No. 2020-53 - Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35, 38, 41, and 48 Extending Declaration of Disaster 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. 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. Ordinance No. 2020-53 — Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35, 38, 41, and 48 Extending Declaration of Disaster 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 29 and GA 32, as they exist or may be amended, and any other Executive Orders and Proclamations regarding COVID-19 that are issued by the Governor on or after the effective date of this Ordinance. In addition, a person who violates any provision of this declaration, upon conviction, is punishable by a fine of not more than $1,000. A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. SECTION 9. Pursuant to Section 418.018(c) of the Government Code, the declaration shall be given prompt and general publicity and shall be filed promptly with the City Secretary. SECTION 10. Pursuant to Section 418.018(d) of the Government Code, the City of Wylie Emergency Management Plan shall remain active through the duration of this disaster declaration. SECTION 11. The City of Wylie will activate the Emergency Operations Center and will operate on an as needed basis throughout the duration of this Ordinance. SECTION 12. Grocery stores, supermarkets, warehouse stores, hospitals, and medical facilities are experiencing high levels of demand for a large number of products, requiring more deliveries from manufacturers and distribution centers to serve their customers. A number of Texas cities and local associations have implemented restrictions on delivery hours to stores to mitigate truck noise and traffic. Due to the need to deliver products as quickly and efficiently as possible during this critical time frame, this Order hereby suspends all delivery hour restrictions for transport to or from any entity involved in the selling or distribution of food products, medicine, or medical supplies in City of Wylie for the next 15 days. SECTION 13. If someone in a household has tested positive for coronavirus, the household is ordered to isolate at home. Members of the household shall not go to work, school, or any other community function. SECTION 14. All City employees shall remain at home if sick. SECTION 15. All persons or groups using Parks and Recreation facilities shall follow to the extent possible the minimum recommended health protocols issued by the Texas Department of State Health Services that are applicable to such use or activity. These protocols are available at https://www.dshs.texas.govicoronavirus/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 Ordinance No. 2020-53 — Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35, 38, 41, and 48 Extending Declaration of Disaster and, where feasible, work from home in order to achieve optimum isolation from COVID-19. The more that people reduce their public contact, the sooner COVID-19 will be contained and the sooner this Ordinance will expire. SECTION 17. The City of Wylie must promptly provide copies of this Ordinance by posting on the City of Wylie website. If any subsection, sentence, clause, phrase, or word of this Ordinance or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Ordinance. SECTION 18. All provisions of the Code of Ordinances of the City of Wylie, codified or uncodified, in conflict with the provisions of this Ordinance are hereby temporarily superseded by this Ordinance for the duration of this declaration. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 19. Ordinance Nos. 2020-48, 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 13TH DAY OF OCTOBER 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Date of Publication: October 21, 2020 in the Wylie News Ordinance No. 2020-53 — Amending Ord. Nos. 2020-24, 25, 26, 29, 31, 35, 38, 41, and 48 Extending Declaration of Disaster IA/, CITY OF WYLIE Wylie City Council AGENDA REPORT Meeting Date: October 13, 2020 Item Number: 5 Department: City Secretary (City Secretary's Use Only) Prepared By: Stephanie Storm Account Code: N/A Date Prepared: September 8, 2020 Exhibits: Subject Consider, and act upon, the acceptance of the resignation of Anthony Taylor, appointment of a board member to the Board of Ethics to fill the unexpired term of July 2020 to June 2022, and the appointment of a new alternate to fill the unexpired term of September 2020 to June 2021. Recommendation Motion to accept the resignation of Anthony Taylor and appointment of Ethics to fill the unexpired term of July 2020 to June 2022, and the appointment of unexpired term of September 2020 to June 2021. as Board Member to the Board of as an alternate to fill the Discussion Staff is requesting the appointment of a new Board of Ethics member to replace Anthony Taylor. Mr. Taylor has submitted his letter of resignation dated September 4, 2020. Sammi Powers currently holds the position of Alternate 1 for the Board of Ethics and is a citizen of Wylie. She would replace Mr. Taylor until the time for renewal in June 2022. Staff has reached out to Ms. Powers and she is willing to serve if appointed and is present to be interviewed by the City Council. Staff did receive one application to fill the alternate position from Michelle Langloys. Page 1 of 1 IA/ CITY OF Board of Ethics Application WYLI E Personal Information First Name* Last Name* DOB * Sammi Powers Rease provide your full legal first and last nacre. Registered Voter* Are you a registered voter? r Yes f No Voter Registration What County are you registered in? County* Collin Contact Information Phone No.* ex:123-456-7890 Address* * Alt. Phone No. ex: 123-456-7890 E-ma i I F-bw long have you been a Wylie resident? 2 years You rrust be a Wylie resident to serve on this board. Employment Information Occupation Case Manager with the American Arbitration Association Code of Ethics Acknowledgement Rease read the below ordinance Acknowledgment & Signature I have reviewed Ordinance No. 2014-19, City of Wylie Code of Ethics, above as required in Section 10(A) of the Ordinance. If appointed, I agree to serve a two year term to the Board of Ethics. I am aware of the meeting dates and times of the Board of Ethics. I am aware that I may not serve on any other council appointed board or commission during my term on the Board of Ethics. I understand that I will be required to attend training on the Open Meetings Act and Public Information Act within 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is correct. Signature * Date* 03/07/2019 IA/ CITY OF Board of Ethics Application f N WYLIE Personal Information First Name* Last Name* DOB* Michelle Langloys Please provide your full legal first and last name. Registered Voter* Are you a registered voter? • Yes No Voter Registration What County are you registered in? County* Collin Board/Commission Service Do you currently serve on a board/commission? • No Yes Please indicate briefly why you would like serve as a Board of Ethics member: I want to get involved in the city Contact Information Phone No.* ex: 123-456-7890 Address * Alt. Phone No. E-mail* ex: 123-456-7890 How long have you been a Wylie resident? 20 years You must be a Wylie resident to serve on this board. Employment Information Occupation Hos9 Code of Ethics Acknowledgement Please read the below ordinance Acknowledgment & Signature I have reviewed Ordinance No. 2014-19, City of Wylie Code of Ethics, above as required in Section 10(A) of the Ordinance. If appointed, I agree to serve a two year term to the Board of Ethics. I am aware of the meeting dates and times of the Board of Ethics. I am aware that I may not serve on any other council appointed board or commission during my term on the Board of Ethics. I understand that I will be required to attend training on the Open Meetings Act and Public Information Act within 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is correct. Signature* Date* 09/16/2020 IA/, CITY OF WYLIE Wylie City Council AGENDA REPORT Meeting Date: October 13, 2020 Item Number: 6 Department: City Secretary (City Secretary's Use Only) Prepared By: Stephanie Storm Account Code: Date Prepared: September 8, 2020 Exhibits: Applications Subject Consider, and act upon, the acceptance of the resignation of the Zoning Board of Adjustment board member Lisa Shields, appointment of alternate Shaun Chronister to fill the unexpired term of September 2020 to June 2021, and the appointment of a new alternate to fill the unexpired term of September 2020 to June 2021. Recommendation Motion to approve the acceptance of the resignation of the Zoning Board of Adjustment board member Lisa Shields, appointment of alternate Shaun Chronister to fill the unexpired term of September 2020 to June 2021, and the appointment of to fill the unexpired term of September 2020 to June 2021. Discussion Staff is requesting the appointment of Shaun Chronister, current Alternate, as a new Zoning Board of Adjustment member to replace Lisa Shields. Ms. Shields submitted her letter of resignation dated September 18, 2020. Shaun Chronister currently holds the position of Alternate for the Zoning Board of Adjustment and is a citizen of Wylie. He would replace Ms. Shields until the time for renewal in June 2022. Staff has reached out to Mr. Chronister and he is willing to serve if appointed. With Mr. Chronister moving into a board position, there would be a vacancy left in the Alternate position. Staff reached out to 2020 Boards & Commissions applicants who were not appointed to a board. One applicant, Daniel Cooper, expressed interest in the position. Page 1 of 1 ‘A/ CITY OF Boards & Commissions Application fly WYLIE Personal Information First Name* Last Name* DOB* Daniel Cooper Rease provide your full legal first and last narre. Registered Voter* Are you a registered voter? ( Yes f No Voter Registration V\hat County are you registered in? County* Collin Board/Commission Service * Do you currently serve on a board/conrrission? ( No ✓ Yes Contact Information Phone No.* Alt. Phone No. ex: 123-456-7890 E-mail * ex: 123-456-7890 Address * Street Address Address Line 2 City State / Province / Region Wylie TX Fbstal / Zip Code Country 75098 United States Residency* Are you a Wylie resident? C' Yes ✓ No * How long have you been a VVylie resident? 10 years Employment Information Occupation Software Sales Boards and Commission Preferences Rease read the board qualifications located on the website prior to making your three choices. Animal Shelter Advisory Board Construction Code Board Historic Review Commission Library Board Parks & Recreation Preference 3 Board Planning & Zoning Preference 2 Commission Public Arts Advisory Board Wylie Economic Development Corporation Wylie Economic Development Qualifications* Zoning Board of Adjustment * Preference 1 17 serve, or have served, as Chief Executive Officer of a company 17 serve, or have served, in a position of executive management of a company 17 serve, or have served, in a professional capacity Rease indicate briefly why you would like serve as a Boards and Corrrrission rrei r: My family moved to Wylie in 2006, quickly became friends with the Tibbals family and I promised Mrs. Tibbals that I would serve our community. My wife serves as a local minister and I built a career in software sales. Now that our kids are older, I have the time to dedicate to our community. Code of Ethics Acknowledgement Rease read the below ordinance Acknowledgment & Signature I have reviewed Ordinance No. 2014-19, City of Wylie Code of Ethics, above as required in Section 10(A) of the Ordinance. If appointed, I agree to serve a two year term to the Board/Commission that I have applied for. I am aware of the meeting dates and times of the Board/Commission I have applied for. If appointed, I agree to serve on the Board/Commission for which I have applied, or would consider an alternate appointment to a second or third board preference. I understand that I may be required to attend training on the Open Meetings Act and Public Information Act within 30 days of taking my Oath of Office. I agree to contact the City Secretary's Office in the event there is a change in my contact information. My signature indicates that I have read, understand, and agree to all conditions and that all of the above information is correct. Signature * IA/, CITY OF WYLIE Meeting Date: Department: Prepared By: Date Prepared: October 13, 2020 Finance Wylie City Council AGENDA REPORT Item Number: 7 Melissa Beard Account Code: September 14, 2020 Subject (City Secretary's Use Only) Exhibits: Financial Management Policies Tabled from 09-22-2020 Remove from table and consider Consider, and act upon, approving the Financial Management Policies. Recommendation Tabled from 09-22-2020 Remove from table and consider Motion to approve the Financial Management Policies. Discussion The purpose of the Financial Management Policies is to formalize financial guidelines for the City. They will assist City staff in planning and directing the City's financial affairs and provide a document that codifies these policies in one place. The overriding goal of the Financial Management Policies is to enable the City to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council -Manager form of government established in the City Charter. The basis for the City's Financial Management Policies includes integrity, prudent stewardship, planning, accountability, and full disclosure. The scope of the policies span accounting, auditing, financial reporting, internal controls, operating and capital budgeting, revenue management and expenditure control. The Financial Management Policies were previously approved on September 24, 2019 and two changes have been made for FY 2020-2021: 1) VII G previously had contract signature authority for contracts equal to or less than $1,000 delegated by the City Manager to the purchasing agent. This has been updated to $10,000 to the Purchasing Manager. 2) X A-D was deleted with a note that debt management is now addressed by a separate Debt Management Policy. Section II - E addresses external auditor rotation if council would like to address any specific changes. Staff recommends approval of the Financial Management Policies. Page 1 of 1 FY2020-21 City of Wylie Financial Management Policies I. PURPOSE STATEMENT The overriding goal of the Financial Management Policies is to enable the city to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council -Manager form of government established in the City Charter. The watchwords of the city's financial management include integrity, prudent stewardship, planning, accountability, and full disclosure. The purpose of the Financial Management Policies is to provide guidelines for the financial management staff in planning and directing the city's day-to-day financial affairs and in developing recommendations to the City Manager. The scope of the policies spans accounting, auditing, financial reporting internal controls, operating and capital budgeting, revenue management, cash management, expenditure control and debt management. II. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING A. ACCOUNTING - The city's Assistant Finance Director is responsible for establishing the chart of accounts, and for properly recording financial transactions. B. FUNDS - Self -balancing groups of accounts are used to account for city financial transactions in accordance with generally accepted accounting principles. Each fund is created for a specific purpose except for the General Fund, which is used to account for all transactions not accounted for in other funds. Funds are created and fund names are changed by City Council. C. EXTERNAL AUDITING - The city will be audited annually by outside independent auditors. The auditors must be a CPA firm of national reputation, and must demonstrate that they have the breadth and depth of staff to conduct the city's audit in accordance with generally accepted auditing standards, generally accepted government auditing standards, and contractual requirements. The auditors' report on the city's financial statements including any federal grant single audits will be completed within 120 days of the city's fiscal year end, and the auditors' management letter will be presented to the city staff within 150 days after the city's fiscal year end. An interim management letter will be issued prior to this date if any materially significant internal control weaknesses are discovered. The city staff and auditors will jointly review the management letter with the City Council within 60 days of its receipt by the staff. D. EXTERNAL AUDITORS RESPONSIBLE TO CITY COUNCIL — The external auditors are accountable to the City Council and will have access to direct communication with the City Council if the city staff is unresponsive to auditor recommendations or if the auditors consider such communication necessary to fulfill their legal and professional responsibilities. E. EXTERNAL AUDITOR ROTATION - The city will not require external auditor rotation, but will circulate requests for proposal for audit services periodically, normally at five-year intervals or less. F. EXTERNAL FINANCIAL REPORTING - The city will prepare and publish a Comprehensive Annual Financial Report (CAFR). The CAFR will be prepared in accordance with generally accepted accounting principles, and will be presented annually to the Government Finance Officers Association (GFOA) for evaluation and possibly awarding of the Certification of Achievement for Excellence in Financial Reporting. The CAFR will be published and presented to the City Council within 120 days after the end of the fiscal year. City staffing limitations may preclude such timely reporting. In such case, the Finance Director will inform the City Manager and the City Manager will inform the City Council of the delay and the reasons therefore. III. INTERNAL CONTROLS A. WRITTEN PROCEDURES - The Finance Director is responsible for developing city-wide written guidelines on accounting, cash handling, and other financial matters which will be approved by the City Manager. The Finance Department will assist department managers as needed in tailoring these guidelines into detailed written procedures to fit each department's requirements. B. INTERNAL AUDIT - The Finance Department may conduct reviews of the departments to determine if the departments are following the written guidelines as they apply to the departments. Finance will also review the written guidelines on accounting, cash handling and other financial matters. Based on these reviews Finance will recommend internal control improvements as needed. C. DEPARTMENT MANAGERS RESPONSIBLE - Each department manager is responsible to the City Manager to ensure that good internal controls are followed throughout his or her department, that all guidelines on accounting and internal controls are implemented, and that all independent and internal auditor internal control recommendations are addressed. IV. OPERATING BUDGET A. PREPARATION - The city's "operating budget" is the city's annual financial operating plan. It consists of governmental and proprietary funds, including the general obligation Debt Service Fund, but excluding capital projects funds. The budget is prepared by the City Manager with the assistance of the Finance Department and cooperation of all city departments. The City Manager transmits the document to the City Council. The budget should be presented to the City Council no later than August 5 or a date to be determined by the City Council, and should be enacted by the City Council prior to fiscal year end. The operating budget will be submitted to the GFOA annually for evaluation and possible awarding of the Award for Distinguished Budget Presentation. B. BALANCED BUDGETS -An Operating budget will be balanced, with current revenues, exclusive of beginning resources, greater than or equal to current expenditures/expenses. C. PLANNING - The budget process will be coordinated so as to identify major policy issues for City Council. D. BUDGETED DRAWDOWN OF RESERVES - One-time purchases may be requested by the City Manager through the budget process, subject to the Fund Balance Policy in section IX of the Policies. E. REPORTING - Periodic financial reports will be prepared to enable the department managers to manage their budgets and to enable the Budget Manager to monitor and control the budget as approved by the City Council. Monthly financial reports will be presented to the City Council. Such reports will include current year revenue and expenditures. F. CONTROL - Operating Expenditure Control is addressed in Section VII of the Policies. G. PERFORMANCE MEASURES AND PRODUCTIVITY INDICATORS — Where appropriate, performance measures and productivity indicators will be used as guidelines and reviewed for efficiency and effectiveness. This information will be included in the annual budgeting process. V. CAPITAL BUDGET AND PROGRAM A. PREPARATION - The city's capital budget will include all capital projects funds and all capital resources. The budget will be prepared annually on a fiscal year basis and adopted by ordinance. The capital budget will be prepared by the City Manager with assistance from the Finance Department and involvement of all required city departments. B. CONTROL - All capital project expenditures must be appropriated in the capital budget. Finance must certify the availability of resources so an appropriation can be made before a capital project contract is presented by the City Manager to the City Council for approval. C. PROGRAM PLANNING - The capital budget will include capital improvements program for future years. The planning time frame should normally be five years. The replacement and maintenance for capital items should also be projected for the next five years at a minimum. Future maintenance and operations will be fully costed, so that these costs can be considered in the operating budget. D. ALTERNATE RESOURCES - Where applicable, assessments, impact fees, or other user -based fees should be used to fund capital projects which have a primary benefit to certain property owners. E. DEBT FINANCING - Recognizing that debt is usually a more expensive financing method, alternative financing sources will be explored before debt is issued. When debt is issued, it will be used to acquire major assets with expected lives that equal or exceed the average life of the debt issue. The exceptions to this requirement are the traditional costs of marketing and issuing the debt, capitalized labor for design and construction of capital projects, and small component parts which are attached to major equipment purchases. F. STREET MAINTENANCE - The city recognizes that deferred street maintenance increases future capital costs by an estimated 5 to 10 times. Therefore, the City's goal is to allocate a portion of the General Fund budget each year to maintain the quality of streets. The amount will be established annually so that repairs will be made amounting to a designated percentage of the value of the streets. G. WATER/WASTEWATER MAIN REHABILITATION AND REPLACEMENT - The city recognizes that deferred water/wastewater main rehabilitation and replacement increases future costs due to loss of potable water from water mains and inflow and infiltration into wastewater mains. Therefore, to ensure that the rehabilitation and replacement program is adequately funded, the City's goal will be to dedicate an amount equal to at least 1 % of the undepreciated value of infrastructure annually to provide for a water and wastewater main repair and replacement program. H. REPORTING - Periodic financial reports will be prepared to enable the department managers to manage their capital budgets and to enable the finance department to monitor the capital budget as authorized by the City Manager. VI. REVENUE MANAGEMENT A. SIMPLICITY - The city will strive to keep the revenue system simple which will result in a decrease of compliance costs for the taxpayer or service recipient and a corresponding decrease in avoidance to pay. The city will avoid nuisance taxes, fees, or charges as revenue sources. B. CERTAINTY - An understanding of the revenue source increases the reliability of the revenue system. The city will try to understand its revenue sources, and enact consistent collection policies so that assurances can be provided that the revenue base will materialize according to budgets and plans. C. EQUITY - The city will strive to maintain equity in the revenue system structure. That is, the city will seek to minimize or eliminate all forms of subsidization between entities, funds, services, utilities and customers. However, it is recognized that public policy decisions may lead to subsidies in certain circumstances, e.g., senior citizen property tax exemptions or partial property tax abatement. D. ADMINISTRATION - The benefits of revenue will exceed the cost of producing the revenue. The cost of collection will be reviewed annually for cost effectiveness as a part of the indirect cost, and cost of services analysis. E. REVENUE ADEQUACY - The city will require that there be a balance in the revenue system. That is, the revenue base will have the characteristic of fairness and neutrality as it applies to cost of service, willingness to pay, and ability to pay. F. COST/BENEFIT OF ABATEMENT - The city will use due caution in the analysis of any tax, fee, or water and wastewater incentives that are used to encourage development. A cost/benefit (fiscal impact) analysis will be performed as a part of such analysis and presented to the appropriate entity considering using such incentive. G. DIVERSIFICATION AND STABILITY - In order to protect the government from fluctuations in revenue source due to fluctuations in the economy, and variations in weather (in the case of water and wastewater), a diversified revenue system will be maintained. H. NON -RECURRING REVENUES - One-time revenues will not be used for ongoing operations. Non -recurring revenues will be used only for non -recurring expenditures. Care will be taken not to use these revenues for budget balancing purposes. I. PROPERTY TAX REVENUES - Property shall be assessed at 100% of the fair market value as appraised by the Collin County Central Appraisal District. Reappraisal and reassessment shall be done regularly as required by State law. A 100% collection rate will serve as a minimum for tax collection. All delinquent taxes will be aggressively pursued, with delinquents greater than 150 days being turned over to the City Attorney or a private attorney, and a penalty assessed to compensate the attorney as allowed by State law, and in accordance with the attorney's contract. Annual performance criteria will be developed for the attorney regarding the collection of delinquent taxes. J. PARKS AND RECREATION 4B SALES TAX REVENUE - Parks and Recreation 4B sales tax revenue shall supplement but not supplant the funding for the Parks and Recreation System in the General Fund and the Recreation Center Department of the Parks and Recreation 4B Sales Tax Revenue Fund. K. USER -BASED FEES - For services associated with a user fee or charge, the direct and indirect costs of that service will be offset by a fee where possible. There will be an annual review of fees and charges to ensure that fees provide adequate coverage of costs and services. User charges may be classed as "full cost recover," "partial costs recover," and "minimal cost recovery," based upon City Council policy. L. IMPACT FEES - Impact fees will be imposed for water, wastewater, and transportation in accordance with the requirements of State law. The staff working with the particular impact fee shall prepare a semi-annual report on the capital improvement plans and fees. Additionally, the impact fees will be re-evaluated at least every three years as required by law. M. GENERAL AND ADMINISTRATIVE CHARGES - A method will be maintained whereby the General Fund can impose a charge to the enterprise funds for general and administrative services (indirect costs) performed on the enterprise funds' behalf. The calculation will be based upon the percentage of personnel time and other resources attributed to the Enterprise Fund by each department of the General Fund. The details will be documented and said information will be maintained in the Finance Department for review. N. UTILITY RATES - The city will review utility rates annually and, if necessary, adopt new rates to generate revenues required to fully cover operating expenditures, meet the legal restrictions of all applicable bond covenants, and provide for an adequate level of working capital needs. This policy does not preclude drawing down cash balances to finance current operations. However, it is best that any extra cash balance be used instead to finance capital projects. O. PARKS AND RECREATION 4B FUND BALANCE - The Parks and Recreation 4B Fund Balance shall be established to protect property tax payers from excessive volatility caused by the fluctuations in the Parks and Recreation 4B sales tax revenue. It will be funded with revenues of the Parks and Recreation 4B Fund. The city's goal will be to maintain the Fund Balance at 25% of the annual Parks and Recreation 4B sales tax budgeted revenue. P. UTILITY FUND BALANCE - The Utility Fund shall maintain a Fund Balance to protect ratepayers from excessive utility rate volatility. It may not be used for any other purpose. It will be funded with surplus revenues of the Utility Fund. The City's goal will be to maintain the Utility Fund Balance at 90 days of budgeted expenditures. Q. INTEREST INCOME - Interest earned from investment of available monies, whether pooled or not, will be distributed to the funds in accordance with the operating and capital budgets which, wherever possible, will be in accordance with the equity balance of the fund from which monies were provided to be invested. R. REVENUE MONITORING - Revenues actually received will be regularly compared to budgeted revenues and variances will be investigated. This process will be summarized in the appropriate budget report. VII. EXPENDITURE CONTROL A. APPROPRIATIONS - The level of budgetary control is the department level budget in the General Fund, and the fund level in all other funds. When budget adjustments (i.e., amendments), among departments and/or funds are necessary these must be approved by the City Council. Budget appropriation amendments at lower levels of control shall be made in accordance with the applicable administrative procedures. B. CONTINGENCY ACCOUNT EXPENDITURES - The General Fund Contingency Account will be budgeted and approved by the City Council as a part of the budget process. The City Manager must approve all contingency account expenditures. C. VACANCY FUNDS — Savings from position vacancies will be reviewed as a part of the midyear budget amendments and savings will be either allocated to other accounts by Council approval or become unbudgeted funds to add to the ending fund balance. D. CENTRAL CONTROL - Significant vacancy (salary) and capital budgetary savings in any department will be centrally controlled by the City Manager. E. PURCHASING - All purchases shall be made in accordance with the city's purchasing policies as defined in the Purchasing Manual. Authorization levels for appropriations previously approved by the City Council in the Operating Budget are as follows: Below Directors $500.00, for Directors up to $1,000, for Purchasing Agent up to $3000.00, for Finance Director up to $7,500.00. The City Manager can authorize expenditures over $7,500.00 with any purchases exceeding $50,000.00 to be approved by the City Council. F. PROFESSIONAL SERVICES - Professional services contracts will be coordinated through the purchasing agent in compliance with statutory regulations. G. CONTRACT AUTHORITY — By statute, contracts greater than or equal to $50,000.00 must be approved by Council, after which either the Mayor or the City Manager may then sign any necessary documents. By ordinance, contracts less than $50,000.00 may be authorized and signed by the City Manager, provided there is an appropriation for such contract. Signature authority for contracts equal to or less than $10,000 has been delegated by the City Manager to the Purchasing Manager. H. PROMPT PAYMENT - All invoices will be paid within 30 days of receipt in accordance with the prompt payment requirements of State law. Procedures will be used to take advantage of all purchase discounts where considered cost effective. However, payments will also be reasonably delayed in order to maximize the city's investable cash, where such delay does not violate the agreed upon terms. I. INFORMATION TECHNOLOGY - Certain information technology acquisitions will be centrally funded from the Information Technology Division. Acquisitions from this division may include all related professional services costs for researching and/or implementing an information technology project. Annual funding for replacements and for new technology will be budgeted in the IS department with the exception of the Utility Fund. Additional funding above the base amount may be provided for major projects with available one-time sources including debt proceeds and/or grants. J. PREPAID EXPENDITURES— Final determination of expenditure coding in the General Ledger will be assigned to the Finance Department. Expenditure coding must remain consistent. Purchased items must fit the description of the line item they are being charged to. Amounts of $10,000 or more paid in advance or across budget years will be coded as prepaid items and charged to the next budget year. Department Directors are responsible for budgeting and paying these items accordingly. VIII. ASSET MANAGEMENT A. INVESTMENTS - The city's investment practices will be conducted in accordance with the City Council approved Investment Policies. B. CASH MANAGEMENT - The city's cash flow will be managed to maximize the cash available to invest. C. INVESTMENT PERFORMANCE - A monthly report on investment performance will be provided by the Finance Director to the City Manager for presentation to the City Council. D. FIXED ASSETS AND INVENTORY - These assets will be reasonably safeguarded, properly accounted for, and prudently insured. IX. FINANCIAL CONDITION AND RESERVES A. NO OPERATING DEFICITS - Current expenditures will be paid with current revenues. Deferrals, short-term loans, or one-time sources will be avoided as budget balancing techniques. Reserves will be used only for emergencies on non -recurring expenditures, except when balances can be reduced because their levels exceed guideline minimums. B. INTERFUND LOANS - Non -routine interfund loans shall be made only in emergencies where other temporary sources of working capital are not available and with the approval of the City Council. At the time an interfund loan is considered, a plan to repay it prior to fiscal year end shall also be considered. A fund will only lend money that it will not need to spend for the next 365 days. A loan may be made from a fund only if the fund has ending resources in excess of the minimum requirement for the fund. Loans will not be made from the city's enterprise funds (Water/Wastewater, etc.), except for projects related to the purpose of the fund. Total interfund loans outstanding from a fund shall not exceed 15% of the target fund balance for the fund. If any interfund loan is to be repaid from the proceeds of a future debt issue, a proper reimbursement resolution will be approved at the time the loan is authorized. C. FUND BALANCE POLICY 1. Committed Fund Balance — The City Council is the City's highest level of decision - making authority and the formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution approved by the Council at the City's Council meeting. The resolution must either be approved or rescinded, as applicable, prior to the last day of the fiscal year for which the commitment is made. The amount subject to the constraint may be determined in the subsequent period. 2. Assigned Fund Balance — The City Council has authorized the City Manager as the official authorized to assign fund balance to a specific purpose as approved by this fund balance policy. 3. Order of Expenditure of Funds — When multiple categories of fund balance are available for expenditure, the City will start with the most restricted category and spend those funds first before moving down to the next category with available funds. 4. Minimum General Fund Unassigned Fund Balance — It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to 25% of expenditures. The City considers a balance of less than 20% to be cause for concern, barring unusual or deliberate circumstances. If unassigned fund balance falls below the goal or has a deficiency, the City will appropriate funds in future budgets to replenish the fund balance based on a time table deemed adequate by the City Council. 5. Minimum Utility Fund Balance — The Utility Fund shall maintain a Fund Balance to protect ratepayers from excessive utility rate volatility. It will be funded with surplus revenues of the Utility Fund. The City's goal will be to maintain the Utility Fund ending Fund Balance at 90 days of budgeted expenditures. 6. Minimum Parks and Recreation 4B Fund Balance — The Parks and Recreation 4B Fund Balance shall be established to protect property tax payers from excessive volatility caused by the fluctuations in the Parks and Recreation 4B sales tax revenue. It will be funded with revenues of the Parks and Recreation 4B Fund. The City's goal will be to maintain the Parks and Recreation 4B Fund ending Fund Balance at 25% of budgeted 4B sales tax revenues. D. RISK MANAGEMENT PROGRAM - The city will aggressively pursue every opportunity to provide for the public's and city employees' safety and to manage its risks. E. ENTEPRISE FUND SELF-SUFFICIENCY - The city's enterprise funds' resources will be sufficient to fund operating and capital expenditures. The enterprise funds will pay (where applicable) their fair share of general and administrative expenses, in -lieu -of -property taxes and/or franchise fees. If an enterprise fund is temporarily unable to pay all expenses, then the City Council may waive general and administrative expenses, in -lieu -of -property taxes and/or franchise fees until the fund is able to pay them. The City Council may pay out-of-pocket expenses that a fund is temporarily unable to pay with interfund loans, to be repaid at a future date. X. DEBT MANAGEMENT Debt Management is addressed in a separate Debt Management Policy. XI. STAFFING AND TRAINING A. ADEQUATE STAFFING - Staffing levels will be adequate for the fiscal functions of the city to function effectively. Overtime shall be used only to address temporary or seasonal demands that require excessive hours. Workload scheduling alternatives will be explored before adding staff. B. TRAINING - The city will support the continuing education efforts of all financial staff including the investment in time and materials for maintaining a current perspective concerning financial issues. Staff will be held accountable for communicating, teaching, and sharing with other staff members all information and training materials acquired from seminars, conferences, and related education efforts. XII. GRANTS FINANCIAL MANAGEMENT A. GRANT SOLICITATION - The City Manager will be informed about available grants by the departments and will have final approval over which grants are applied for. The grants should be cost beneficial and meet the city's objectives. B. RESPONSIBILITY - Departments will oversee the day to day operations of grant programs, will monitor performance and compliance, and will also keep the Finance Department and Purchasing informed of significant grant -related plans and activities. Departments will also report re - estimated annual revenues and expenses to the Finance Department as needed. Finance Department staff members will serve as liaisons with grantor financial management personnel, will prepare invoices, and will keep the books of account for all grants. All goods and services obtained through grants are subject to City purchasing policies and must be coordinated with the purchasing agent. XIII. ANNUAL REVIEW AND REPORTING A. These Policies will be reviewed administratively by the City Manager at least annually, and will be presented to the City Council by the Finance Department for confirmation of any significant changes. B. The Finance Director will report annually to the City Manager on compliance with these policies. October 13, 2020 Fire/Finance Wylie City Council AGENDA REPORT Item Number: Work Session 1 Account Code: October 8, 2020 Exhibits: IA/, CITY OF WYLIE Meeting Date: Department: Prepared By: Date Prepared: Subject Fire Station 4 update and funding. (City Secretary's Use Only) Recommendation Discussion Page 1 of 1 Fire Station #4 Certificates of Obligation $5.6 million 20-year level debt service obligation @ 2.50% approx. = $360,000/yr FY 2022-2041 Refunding Opportunity Comb Tax & Rev CO Ser 2010 $425,000 GO Ref Bds Ser 2010 $5,910,000 Annual Debt Service Obligation Savings approx. = $80,000/yr FY 2022-2029 Total Savings = $560,000 PROJECTED SCHEDULE OF EVENTS BY: DAY: 17-Nov-20 Tuesday 1-Dec-20 Tuesday EVENT: City Council approves Notice of Intent Resolution for Publication of Certificates of Obligation Initial Draft of Preliminary Official Statement distributed to City and to Bond Counsel for review TBD TBD First Publication of Notices of Intent to Issue Certificates (must be at least 45 days before sale date - NO LATER THAN 12/24/2020) TBD TBD Second Publication of Notices of Intent to Issue Certificates (same day of the week following 1st publication; EXACTLY one week later) 16-Dec-20 Wednesday Receive Initial comments/information from City & Bond Counsel 21-Dec-20 Monday Provide updated draft of Preliminary Official Statement and draft notice of Sale to City and Bond Counsel for comments and modifications, provide to credit rating agencies 11-Jan-21 Week of Rating calls 26-Jan-21 Tuesday City's FYE 2020 CAFR Available 27-Jan-21 Wednesday Receive credit rating and final comments to offering documents 29-Jan-21 Friday Finalize Preliminary Official Statement Notice of Sale and distribute 9-Feb-21 Tuesday Competitive Bids for Certificates of Obligation and Refunding Bonds City Council adopts Ordinances and approves bond sales 11-Mar-21 Thursday Closing and Delivery of Funds to the City PAPAW ,,comsnevcriory POWARED BY PEOPLE BRANDON BLYTHE - FIRE CHIEF OCTOBER 13TH 2020 1,"AtiO#N,Alt* °,4k,A#40•444 Work session Agenda Completed Project Tasks Update on Timeline Design Elements Presentation by BRW Architects Questions and Answers FUTURE SHE OF CITY OF WYLIE FIRE STATION #4 ✓ October 2019 — Fire Station Workshop ✓ January 2020 — Fire Station 4 Design Approved ✓ Select and Hire and Architect — Completed BRW Architects ✓ Determine Project Budget / Scope - Completed ✓ Initial design concepts, meetings, and end user input — Completed ✓ Select and Hire CMAR — Completed Pogue Construction ✓ Hire Personnel for Station 4 — In Progress V FY19-20 — Hire 4 Personnel CI FY20-21 — Hire 5 Personnel @ Midyear CI FY21-22 — Hire 6 Personnel - Promote Officers & Drivers CI FY22-23 — Hire 6 Personnel CI S.A.F.E.R Grant (April 2021 Submit) Cl Contract with CMAR for Phase 2 Construction — (In Progress L3 Design and Order Quint 144 — Jan 2021 L3 Issuance of Debt for Construction — Feb 2021 L3 CMAR - Guaranteed Maximum Price - March 2021 L3 Construction of Station 4 — (Apr 2021 — Apr 2022) CI Occupy Fire Station 4 — May 2022 Fire Station 4 Project Tasks 1' Fire Station in Northwest Part of City to improve response times in Fire District #4 A( Housing for 8 Personnel A( 3 Drive through apparatus bays Quint, Command Post, Future Ambulance A( Training Props Designed into Building 1' Backup 911 Dispatch s( Design compliments surrounding area ii„ nu , m umio .wm. I. 1111111111111111111111111 .411,00. ** *Humn* '0I lawa 12 airlock '02electroical 19sl p 03 lwnnnnr gesi 14 sheep drEm 410rr;nn 15 captain sleep :05 Ppp,rrlas gas 16.Oath 06 triage 17 storage 07irlby 18 itoplain'sattic a 08badlth 19 Osyro©m _09 Xidocllr 20kitehentdininq 10 ems slnragirr 21 fitness '11 i Iogirrgrfjrontiorr 22 ntlf 10 25 f1 0 01 Gawan 12 airlock ? 02epectrGcap 13 shop 039saumkergear 14 sleep Mom 0 4 decors 15 captain sleep 05apparatus hay 16 dorm 06tria,ge 17 storage 07 Gabby 19 captain's office 08watch 19 dayroom 09airlock 20kitchen/dining 10 ems storage 21 fitness 11 laundry/janitor 22 min October 13, 2020 Finance Wylie City Council AGENDA REPORT Item Number: Work Session 2 Melissa Beard Account Code: IA/, CITY OF WYLIE Meeting Date: Department: Prepared By: Date Prepared: Subject Financial Management Policies. Exhibits: (City Secretary's Use Only) Recommendation Financial Management Policies. Discussion Page 1 of 1 Financial Management Policies Auditor Rotation Change Current policy wording: II. Accounting, Auditing, and Financial Reporting E. External Auditor Rotation - The city will not require external auditor rotation, but will circulate requests for proposal for audit services periodically, normally at five-year intervals or less. Proposed policy wording: II. Accounting, Auditing, and Financial Reporting E. External Auditor Rotation - The city will not require external auditor rotation, but will circulate requests for proposal for audit services periodically, normally at five-year intervals or less. An award of services to the same audit firm is allowable but will require rotation of the audit partner and audit manager after five consecutive years. The rest period for both shall be a minimum of two years. GFOA Best Practices • Governmental entities should enter into multi -year agreements of at least five years in duration when obtaining the services of independent auditors. Such multi -year agreements can take a variety of different forms, consistent with applicable legal requirements. • Such agreements allow for greater continuity and help to minimize the potential for disruption in connection with the independent audit. Multi -year agreements can also help to reduce audit costs by allowing auditors to recover certain startup costs over several years, rather than over a single year. • Governmental entities should undertake a full-scale competitive process for the selection of independent auditors at the end of the term of each audit contract, consistent with applicable legal requirements. While there is some belief that auditor independence is enhanced by a policy requiring that the independent audit firm be replaced at the end of each multi -year agreement, unfortunately, the frequent lack of competition among audit firms fully qualified to perform public -sector audits could make a policy of mandatory audit firm rotation counterproductive. In such cases, it is recommended that a governmental entity actively seek the participation of all qualified firms, including the current auditors, assuming that the past performance of the current auditors has proven satisfactory. Where audit firm rotation does not result from this process, governments may consider requesting that senior engagement staff, such as engagement partners and senior managers, be rotated to provide a fresh perspective. • The audit procurement process should be structured so that the principal factor in the selection of an independent auditor is the auditor's ability to perform a quality audit. Price should not be allowed to serve as the sole criterion for the selection of an independent auditor, rather an independent auditor should have a demonstrated commitment to the state and local government audit practice. Sarbanes-Oxley Act of 2002 • relative to audits of publicly traded companies • mandates audit partner rotation, not audit firm rotation • accounting firm will not be independent if the lead partner performs audit services for more than five consecutive years; subject to a five year time out period • audit partners, other than the lead, must rotate off an audit engagement after seven years; subject to a two year rest period Required Audit Policy or Audit Staff Audit Staff Entity Services Rotation Charter In Practice Years Rotation Required Rotation by Practice Years Rest Period Alamo Heights No - - - No - - - Amarillo No - - - No - - - Azle No - - - No - - - Burleson No - - - No - - - Cedar Hill No - - - No - - - Cedar Park Yes" Charter - 5 Yes - 5 - Cibolo Yes Charter - 5 No - - Silent Cleburne No - - - No - - - Corinth No - - - No Yes 5 - Euless No - - - No - - - Frisco Yes Charter - 5 No - - - Grapevine No - - - No - - - Haltom City No - - - No - - - Harker Heights No - - - No Yes every year - Lake Worth No - - - No - - - Lockhart Yes Charter - 5 No - - - Lubbock No - - - No - - - Murphy Yes Charter - 5 No - - Silent New Braunfels No - Yes 5 No - - - Plano No - - - No - - - Round Rock No - - - No - - - Victoria No - - - No - - -