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11-17-2020 (City Council) Agenda Packet
iAi NOTICE OF PUBLIC /■ CITY OF EVENT WYLIE November 17, 2020 5:30 p.m. Wylie Municipal Complex Outside in courtyard between City Hall and Recreation Center 300 Country Club Road, Building #100 Wylie, Texas 75098 EXPLANATION A RECEPTION FOR OUTGOING COUNCIL MEMBER, DAVID DAHL, INCOMING MAYOR ELECT, MATTHEW PORTER, AND COUNCIL MEMBERS ELECT, DAVE STRANG, TIMOTHY "TOBY" WALLIS, AND GARRETT MIZE WILL TAKE PLACE PRIOR TO THE REGULAR CALLED MEETING AND CANVASS. A QUORUM OF THE CITY COUNCIL MAY OR MAY NOT BE PRESENT, NO ACTION WILL BE TAKEN DURING THIS RECEPTION. IN Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda November 17, 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 • Presentation of appreciation plaque to outgoing Councilman David Dahl. (Presented by Mayor Hogue) November 17,2020 Wylie City Council Regular Meeting Agenda Page 2 of 6 CANVASS OF ELECTION 1. Consider,and act upon,Ordinance No.2020-55 of the City Council of the City of Wylie,Texas, canvassing the election returns of the November 3,2020 General Election;declaring the election results for Mayor and City Council Place 5 and Place 6; and providing a savings/repealing clause, severability clause and an effective date. (S. Storm, City Secretary) Executive Summary The unofficial results of the City of Wylie November 3,2020 General Election,have been presented for review to the Wylie City Council.Council is requested to review the results and take formal action to approve the totals within the proposed Ordinance. 2. Consider,and act upon,Ordinance No.2020-56 of the City Council of the City of Wylie,Texas, canvassing the election returns of the November 3, 2020 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; declaring the election results for City Council Place 2; and providing a savings/repealing clause, severability clause and an effective date. (S. Storm, City Secretary) Executive Summary The unofficial results of the City of Wylie November 3, 2020 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, have been presented for review to the Wylie City Council. Council is requested to review the results and take formal action to approve the totals within the proposed Ordinance. 3. Consider,and act upon,Ordinance No.2020-57 of the City Council of the City of Wylie,Texas, adopting the amendments to the Home Rule Charter approved by the qualified voters of the City of Wylie, Texas, at a Special Election held on November 3, 2020; canvassing the election returns; declaring the election results; providing for recordation and certification of the Charter Amendments as required by Texas Law; and providing a savings/repealing clause, severability clause and an effective date. (S. Storm, City Secretary) Executive Summary The unofficial results of the City of Wylie November 3, 2020 Special Election for proposed Charter Amendments to the Home Rule Charter,have been presented for review to the Wylie City Council.Council is requested to review the results and take formal action to adopt the amendments to the Home Rule Charter and approve the totals within the proposed Ordinance. ISSUANCE OF CERTIFICATE OF ELECTION & ADMINISTRATION OF OATH OF OFFICE • Mayor-elect Matthew Porter and Council Members-elect Dave Strang,Timothy"Toby" Wallis,And Garrett Mize. (Presented by Mayor Hogue/Oath Administered by Judge Terry Douglas) 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. November 17,2020 Wylie City Council Regular Meeting Agenda Page 3 of 6 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of October 27, 2020 Regular Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, a preliminary plat for Steel Road Light Industrial Addition,to create three commercial lots on 10.5 acres, generally located at the southwest corner of Steel Road and Hooper Road. (J. Haskins, Planning Manager) C. Consider, and act upon, Ordinance No. 2020-58 for a change of zoning from Agricultural District (AG/30) to Agricultural District - Special Use Permit (AG/30-SUP), to allow for development conditions of a 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) D. Consider, and act upon, Resolution No. 2020-59(R) of the City Council of the City of Wylie, Texas, authorizing the re-sale of bid-off tax property in accordance with the Texas Property Tax Code; authorizing the City Manager of the City of Wylie, Texas, or his designee, to take any and all other actions necessary to effectuate the same; and providing for an effective date hereof. (R. Diaz, Parks&Recreation Director) E. Consider, and act upon, Ordinance No. 2020-59 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, Ordinance No. 2020-60 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) G. Consider, and act upon, the award of a Professional Services Project Order (PSPO) #W2021- 15E for the AWIA Risk and Resilience Assessment and Emergency Response Plan Development to Freese and Nichols,Inc. in the amount of$108,610.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) H. Consider,and act upon,the award of a professional services project order(PSPO)#W2021-19- E for the development of a Lake Parks Master Plan for East Fork Park and Avalon Park to Dunaway Associates, LP in the amount of$94,965.00; and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) I. Consider, and act upon, the approval of the purchase of Motorola Radio Equipment and Services from Motorola Solutions in the estimated amount of$87,253.28 through a cooperative purchasing contract with H-GAC, and authorizing the City Manager to execute any necessary documents (G. Hayes, Purchasing Manager) November 17,2020 Wylie City Council Regular Meeting Agenda Page 4 of 6 J. Consider, and act upon, an Interlocal Cooperation Agreement for Jail Services between the City of Wylie and the cities of Farmersville,Murphy,Parker,Lavon,Josephine,and the Collin County Sheriff's Office and authorizing the City Manager to execute any necessary documents. (A. Henderson, Police Chief) K. Consider,and act upon,Ordinance No.2020-61 of the City of Wylie,Texas; amending the Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C, Wylie Comprehensive Fee Schedule, Section VIII (Public Library), Subsection A (Library Fees), for the purpose of requiring fees associated with circulating hotspots. (O. Barrera, Library Director) L. Consider, and act upon, the approval of a 36-month lease for copiers from Canon Solutions America, Inc. in the estimated annual amount of$73,275 through a cooperative purchasing contract with Omnia Partners Cooperative (#18-020-LG), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) M. Consider, and act upon, rescinding the purchase of a jail transport van and in the amount of $45,000 from Reliable Chevrolet 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) N. Consider, and act upon, Resolution No. 2020-60(R), to ratify an interlocal Environmental Health Services Agreement with Collin County in the amount of$42,680.00; authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) REGULAR AGENDA 4. Consider, and act upon, the appointment of Mayor pro tem for a term beginning December 2020 and ending May 2021. Executive Summary With the postponement of the May election, Council approved the reappointment of Jeff Forrester at the May 12,2020 Council meeting until the next regular City election,November 2020. 5. Consider, and act upon, Ordinance No. 2020-62 amending Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, 2020-38, 2020-41, 2020-48, and 2020-53 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, September 8, and October 13, 2020 the City Council adopted Ordinance Nos.2020-24,2020-25,2020-26,2020-29,2020-31,2020-35,2020- 38,2020-41,2020-48,and 2020-53 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 November 17,2020. 6. Consider, and act upon,Resolution No.2020-61(R) approving and authorizing the publication of Notice of Intention to issue Certificates of Obligation. (M. Beard, Finance Director) November 17,2020 Wylie City Council Regular Meeting Agenda Page 5 of 6 Executive Summary At the February 25, 2020 Council meeting/work session, a budget discussion for funding the construction of Fire Station 4 was held.Council directed staff to proceed with the issuance of debt for this purpose.The amount of debt to be issued is$5.6 million dollars which will fund the majority of the construction of the building. $3 million dollars was previously transferred from the General Fund Fund Balance to the Fire Station Construction Fund(461) and this cash will pay for the remaining portion of the construction as well as a quint and FF&E. The architectural design of the station ($737,850) and the CMAR fees ($630,000) are funded by revenue generated from the Fire Development Fund (133). The City already owns the land where the station will be constructed. 7. Consider,and act upon,the appointment of three-committee members to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. (S. Storm, City Secretary) Executive Summary In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships.The committee consists of three WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. 8. Consider, and act upon, an agreement authorizing the appointment of Ashley McSwain as Associate Municipal Court Judge for the City of Wylie effective December 1,2020,setting terms and hourly rate of service. (L. Davis, Municipal Court Supervisor) Executive Summary Article IV, Section 3c of the City of Wylie Charter states "the City Council shall, in the absence or disability of the appointed judge of the Municipal Court, appoint an acting judge to serve during such absence or disability. The acting judge may be compensated by the City Council for his performance of required duties." EXECUTIVE SESSION If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Properties adjacent to McMillen Rd. between McCreary Rd. and Country Club Rd. and Ballard Elevated Tank. November 17,2020 Wylie City Council Regular Meeting Agenda Page 6 of 6 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on November 13, 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 IA! fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: 1 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: October 28,2020 Exhibits: Results Subject Consider, and act upon, Ordinance No. 2020-55 of the City Council of the City of Wylie, Texas, canvassing the election returns of the November 3, 2020 General Election; declaring the election results for Mayor and City Council Place 5 and Place 6; and providing a savings/repealing clause, severability clause and an effective date. Recommendation A motion to approve Ordinance No. 2020-55 of the City Council of the City of Wylie, Texas, canvassing the election returns of the November 3, 2020 General Election; declaring the election results for Mayor and City Council Place 5 and Place 6; and providing a savings/repealing clause, severability clause and an effective date. Discussion The unofficial results of the City of Wylie November 3, 2020 General Election, have been presented for review to the Wylie City Council. Council is requested to review the results and take formal action to approve the totals within the proposed Ordinance. Page 1 of 1 ORDINANCE NO. 2020-55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CANVASSING THE ELECTION RETURNS OF THE NOVEMBER 3, 2020 GENERAL ELECTION; DECLARING THE ELECTION RESULTS FOR MAYOR AND CITY COUNCIL PLACE 5 AND PLACE 6; AND PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTWE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") duly authorized and ordered a general election to be held within the City of Wylie, Texas ("City"), on November 3, 2020 ("Election"), for the purpose of electing Mayor and two members of the City Council, Place 5 and Place 6, for a full term; and WHEREAS,the Collin County Elections Administrator administered the Election for Collin County voters,Dallas County Elections Administrator administered the Election for Dallas County voters, and Rockwall County Elections Administrator administered the Election for Rockwall County voters; and WHEREAS,the Collin,Dallas,and Rockwall County Elections Administrators have made the return of the Election results and delivered them to the City Council in the time and manner required by law; and WHEREAS,Election returns lawfully submitted to the City Council and filed with the City Secretary are set forth in Exhibit A and incorporated herein for all purposes; and WHEREAS, the City Council finds that the Election was duly called; that notice of the Election was given in accordance with the law and City Charter; that the Election was held in accordance with the law and City Charter;that the Election returns were duly and legally made and delivered; and that there were cast at the Election valid and legal votes; and WHEREAS,the City Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law,and that the public notice of the time,place and purpose of the meeting was given as required by Chapter 551 of the Texas Government Code, as amended; and WHEREAS, the City Council, having canvassed the combined early voting and Election Day accumulated totals, finds that the votes cast result in the following: Mayor Matthew Porter received 15,131 or 100% of the votes cast Ordinance No. 2020-55 -Canvass of the November 3,2020 General Election Page 1 of 4 1850832 City Council, Place 5 Timothy"Toby"Wallis received 13,570 or 100% of the votes cast. City Council, Place 6 Garrett Mize received 7,995 or 56.24% of the votes cast. Eric Russell received 6,222 or 43.76% of the votes cast. 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: Election Results. The Election returns as set forth herein are declared to be official. Accordingly, Matthew Porter is hereby declared elected to Mayor; Timothy "Toby" Wallis is hereby declared elected to City Council Place 5 and Garrett Mize is hereby declared elected to City Council Place 6. SECTION 3: Approval of Elections Results. The City Council hereby finds and determines, as a result of the canvass held on November 17, 2020, that a combined Election Day and early voting total of 24,261 votes were cast in the Election,with 22,349 early votes cast, as indicated by the poll list for the Election held on November 3, 2020. It is hereby declared that the City approves and accepts the results of the Election for Mayor and City Council Place 5 and Place 6 as set forth in the returns attached hereto as Exhibit A,as determined by the majority vote of the qualified voters of the City. SECTION 4: Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause and phrase thereof regardless of whether any one or more sections, subsections, sentences, clauses or phrases may be declared unconstitutional and/or invalid. SECTION 5: Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 6: Effective Date. This Ordinance and shall become effective immediately upon its passage. Ordinance No. 2020-55 -Canvass of the November 3,2020 General Election Page 2 of 4 1850832 DULY PASSED AND APPROVED,by the City Council of the City of Wylie, Texas on this 17th day of November 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2020-55 -Canvass of the November 3,2020 General Election Page 3 of 4 1850832 Exhibit A Certified Election Returns [15 pages attached hereto] Ordinance No. 2020-55 -Canvass of the November 3,2020 General Election Page 3 of 3 1850832 CITY OF WYLIE GENERAL&SPECIAL ELECTIONS SUMMARY OF PRECINCT RETURNS EARLY VOTING ONLY November 3,2020 Position Candidate/Proposition Dallas Rockwall Collin Total Percentage Mayor Matthew Porter 249 316 13,417 13,982 100.00% iMil 1 .1. T Place 2 Dave Strang 120 159 7,103 7,382 59.61% Place 2 Tom Ambrose 107 143 4,751 5,001 40.39% Place 5 Timothy"Toby"Wallis 237 301 12,013 12,551 100.00% 111 Place 6 Garrett Mize 129 160 7,013 7,302 55.57% Place 6 Eric Russell 103 145 5,591 5,839 44.43% Charter Amendment Proposition A-For 206 229 12,123 12,558 78.41% Proposition A-Against 49 98 3,311 3,458 21.59% Charter Amendment Proposition B-For 190 218 11,944 12,352 77.60% Proposition B-Against 63 108 3,395 3,566 22.40% Charter Amendment Proposition C-For 228 272 13,848 14,348 87.90% Proposition C-Against 24 60 1,891 1,975 12.10% Charter Amendment Proposition D-For 229 286 14,083 14,598 89.96% Proposition D-Against 23 50 1,557 1,630 10.04% Charter Amendment Proposition E-For 226 279 13,648 14,153 89.12% Proposition E-Against 20 56 1,652 1,728 10.88% Charter Amendment Proposition F-For 220 277 13,498 13,995 87.43% Proposition F-Against 28 56 1,928 2,012 12.57% Charter Amendment Proposition G-For 216 276 13,384 13,876 87.50% Proposition G-Against 27 54 1,902 1,983 12.50% Charter Amendment Proposition H-For 215 265 13,067 13,547 84.52% Proposition H-Against 39 61 2,381 2,481 15.48% Charter Amendment Proposition I-For 210 251 12,768 13,229 86.10% Proposition I-Against 27 68 2,040 2,135 13.90% Charter Amendment Proposition J-For 203 259 12,681 13,143 85.92% Proposition J-Against 35 60 2,059 2,154 14.08% EARLY VOTING BALLOTS CAST 22,349 PERCENTAGE OF REGISTERED VOTERS 68.36% TOTAL NUMBER OF REGISTERED VOTERS 32,691 CITY OF WYLIE GENERAL&SPECIAL ELECTIONS SUMMARY OF PRECINCT RETURNS EARLY VOTING&ELECTION DAY COMBINED November 3,2020 Position Candidate/Proposition Dallas Rockwall Collin Total Percentage Mayor Matthew Porter 279 363 14,489 15,131 100.00% iMil I. all Place 2 Dave Strang 137 186 7,697 8,020 59.99% Place 2 Tom Ambrose 116 164 5,070 5,350 40.01% Place 5 Timothy"Toby"Wallis 265 350 12,955 13,570 100.00% Place 6 Garrett Mize 147 185 7,663 7,995 56.24% Place 6 Eric Russell 111 169 5,942 6,222 43.76% Charter Amendment Proposition A-For 232 265 12,966 13,463 78.12% Proposition A-Against 53 111 3,607 3,771 21.88% Charter Amendment Proposition B-For 212 251 12,764 13,227 77.22% Proposition B-Against 68 123 3,710 3,901 22.78% Charter Amendment Proposition C-For 256 313 14,829 15,398 87.65% Proposition C-Against 28 68 2,073 2,169 12.35% Charter Amendment Proposition D-For 256 325 15,076 15,657 89.68% Proposition D-Against 27 59 1,716 1,802 10.32% Charter Amendment Proposition E-For 253 322 14,626 15,201 89.02% Proposition E-Against 21 62 1,791 1,874 10.98% Charter Amendment Proposition F-For 247 318 14,468 15,033 87.27% Proposition F-Against 31 63 2,098 2,192 12.73% Charter Amendment Proposition G-For 241 317 14,322 14,880 87.26% Proposition G-Against 29 60 2,084 2,173 12.74% Charter Amendment Proposition H-For 244 308 14,030 14,582 84.53% Proposition H-Against 41 66 2,562 2,669 15.47% Charter Amendment Proposition I-For 234 292 13,677 14,203 85.93% Proposition I-Against 30 76 2,220 2,326 14.07% Charter Amendment Proposition J-For 227 299 13,570 14,096 85.72% Proposition J-Against 37 66 2,246 2,349 14.28% EARLY VOTING&ELECTION DAY BALLOTS CAST 24,261 PERCENTAGE OF REGISTERED VOTERS 74.21% TOTAL NUMBER OF REGISTERED VOTERS 32,691 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx Statistics TOTAL Election Early Mail Limited Provision Day Voting al Registered Voters-Total 650,134 Ballots Cast-Total 494,259 36,689 421,920 35,650 0 0 Ballots Cast-Blank 466 6 57 403 0 0 Voter Turnout-Total 76.02% City Of Wylie Combined-11/11/2020 12:53 PM 1 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx Mayor CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Matthew Porter 14,489 100.00% 1,072 12,684 733 0 0 Total Votes Cast 14,489 100.00% 1,072 12,684 733 0 0 Overvotes 0 0 0 0 0 0 Undervotes 9,031 756 7,763 512 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 Councilmember,Place 5 CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Timothy"Toby"Wallis 12,955 100.00% 942 11,357 656 0 0 Total Votes Cast 12,955 100.00% 942 11,357 656 0 0 Overvotes 0 0 0 0 0 0 Undervotes 10,565 886 9,090 589 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 Councilmember,Place 6 CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Garrett Mize 7,663 56.32% 650 6,627 386 0 0 Eric Russell 5,942 43.68% 351 5,253 338 0 0 Total Votes Cast 13,605 100.00% 1,001 11,880 724 0 0 Overvotes 2 0 2 0 0 0 Undervotes 9,913 827 8,565 521 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 Councilmember,Place 2 CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Dave Strang 7,697 60.29% 594 6,764 339 0 0 Tom Ambrose 5,070 39.71% 319 4,394 357 0 0 Total Votes Cast 12,767 100.00% 913 11,158 696 0 0 Overvotes 2 0 2 0 0 0 Undervotes 10,751 915 9,287 549 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition A Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 12,966 78.24% 843 11,322 801 0 0 Against 3,607 21.76% 296 3,168 143 0 0 Total Votes Cast 16,573 100.00% 1,139 14,490 944 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,945 689 5,955 301 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 2 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx City Of Wylie Proposition B Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 12,764 77.48% 820 11,137 807 0 0 Against 3,710 22.52% 315 3,257 138 0 0 Total Votes Cast 16,474 100.00% 1,135 14,394 945 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,044 693 6,051 300 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition C Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,829 87.74% 981 12,975 873 0 0 Against 2,073 12.26% 182 1,801 90 0 0 Total Votes Cast 16,902 100.00% 1,163 14,776 963 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,616 665 5,669 282 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition D Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 15,076 89.78% 993 13,193 890 0 0 Against 1,716 10.22% 159 1,491 66 0 0 Total Votes Cast 16,792 100.00% 1,152 14,684 956 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,726 676 5,761 289 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition E Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,626 89.09% 978 12,782 866 0 0 Against 1,791 10.91% 139 1,571 81 0 0 Total Votes Cast 16,417 100.00% 1,117 14,353 947 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,101 711 6,092 298 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 3 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx City Of Wylie Proposition F Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,468 87.34% 970 12,647 851 0 0 Against 2,098 12.66% 170 1,833 95 0 0 Total Votes Cast 16,566 100.00% 1,140 14,480 946 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,952 688 5,965 299 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition G Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,322 87.30% 938 12,522 862 0 0 Against 2,084 12.70% 182 1,812 90 0 0 Total Votes Cast 16,406 100.00% 1,120 14,334 952 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,088 708 6,108 272 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Proposition H CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,030 84.56% 963 12,244 823 0 0 Against 2,562 15.44% 181 2,248 133 0 0 Total Votes Cast 16,592 100.00% 1,144 14,492 956 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,902 684 5,950 268 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Proposition I Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 13,677 86.04% 909 11,952 816 0 0 Against 2,220 13.96% 180 1,936 104 0 0 Total Votes Cast 15,897 100.00% 1,089 13,888 920 0 0 Overvotes 3 0 2 1 0 0 Undervotes 7,596 739 6,554 303 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 4 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx City Of Wylie Proposition J Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 13,570 85.80% 889 11,843 838 0 0 Against 2,246 14.20% 187 1,970 89 0 0 Total Votes Cast 15,816 100.00% 1,076 13,813 927 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,678 752 6,629 297 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 5 of 5 Report generated with Electionware Copyright©2007-2019 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County STATISTICS TOTAL EV In- EV Mail Election EV-ED Person Day Provisional Registered Voters-Total 533 Ballots Cast-Total 337 282 20 35 0 Voter Turnout-Total 63.23% Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 1 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County Wylie Mayor Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Matthew Porter 279 100.00% 234 15 30 0 Total Votes Cast 279 100.00% 234 15 30 0 Wylie Member of Council, PI 5 Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Timothy"Toby"Wallis 265 100.00% 223 14 28 0 Total Votes Cast 265 100.00% 223 14 28 0 Wylie Member of Council, PI 6 Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Garrett Mize 147 56.98% 124 5 18 0 Eric Russell 111 43.02% 92 11 8 0 Total Votes Cast 258 100.00% 216 16 26 0 Wylie Member of Council, PI 2 Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Dave Strang 137 54.15% 110 10 17 0 Tom Ambrose 116 45.85% 101 6 9 0 Total Votes Cast 253 100.00% 211 16 26 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 2 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County City of Wylie Proposition A Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 232 81.40% 192 14 26 0 Against 53 18.60% 47 2 4 0 Total Votes Cast 285 100.00% 239 16 30 0 City of Wylie Proposition B Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 212 75.71% 177 13 22 0 Against 68 24.29% 60 3 5 0 Total Votes Cast 280 100.00% 237 16 27 0 City of Wylie Proposition C Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 256 90.14% 213 15 28 0 Against 28 9.86% 23 1 4 0 Total Votes Cast 284 100.00% 236 16 32 0 City of Wylie Proposition D Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 256 90.46% 214 15 27 0 Against 27 9.54% 22 1 4 0 Total Votes Cast 283 100.00% 236 16 31 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 3 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County City of Wylie Proposition E Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 253 92.34% 212 14 27 0 Against 21 7.66% 18 2 1 0 Total Votes Cast 274 100.00% 230 16 28 0 City of Wylie Proposition F Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 247 88.85% 205 15 27 0 Against 31 11.15% 27 1 3 0 Total Votes Cast 278 100.00% 232 16 30 0 City of Wylie Proposition G Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 241 89.26% 203 13 25 0 Against 29 10.74% 25 2 2 0 Total Votes Cast 270 100.00% 228 15 27 0 City of Wylie Proposition H Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 244 85.61% 200 15 29 0 Against 41 14.39% 38 1 2 0 Total Votes Cast 285 100.00% 238 16 31 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 4 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County City of Wylie Proposition I Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 234 88.64% 197 13 24 0 Against 30 11.36% 24 3 3 0 Total Votes Cast 264 100.00% 221 16 27 0 City of Wylie Proposition J Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 227 85.98% 190 13 24 0 Against 37 14.02% 32 3 2 0 Total Votes Cast 264 100.00% 222 16 26 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 5 of 5 Report generated with Electionware Copyright©2007-2018 Mayor City of Wylie(Voter Turnout 1) Matthew Porter County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 47 296 20 363 363 Total: 0 47 296 20 363 363 Councilmember, Place 5 City of Wylie(Voter Turnout 1) Timothy"Toby"Wallis County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 49 284 17 350 350 Total: 0 49 284 17 350 350 Councilmember, Place 6 City of Wylie(Voter Turnout 1) Garrett Mize Eric Russell County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 25 154 6 185 24 131 14 169 354 Total: 0 25 154 6 185 24 131 14 169 354 Councilmember, Place 2 City of Wylie(Voter Turnout 1) Dave Strang Tom Ambrose County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 27 148 11 186 21 131 12 164 350 Total: 0 27 148 11 186 21 131 12 164 350 City of Wylie Proposition A(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 36 211 18 265 13 92 6 111 376 Total: 0 36 211 18 265 13 92 6 111 376 City of Wylie Proposition B (Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 33 199 19 251 15 102 6 123 374 Total: 0 33 199 19 251 15 102 6 123 374 City of Wylie Proposition C(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 251 21 313 8 57 3 68 381 Total: 0 41 251 21 313 8 57 3 68 381 City of Wylie Proposition D(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 39 265 21 325 9 47 3 59 384 Total: 0 39 265 21 325 9 47 3 59 384 City of Wylie Proposition E(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 43 258 21 322 6 53 3 62 384 Total: 0 43 258 21 322 6 53 3 62 384 City of Wylie Proposition F (Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 258 19 318 7 52 4 63 381 Total: 0 41 258 19 318 7 52 4 63 381 City of Wylie Proposition G(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 254 22 317 6 52 2 60 377 Total: 0 41 254 22 317 6 52 2 60 377 City of Wylie Proposition H(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 43 242 23 308 5 60 1 66 374 Total: 0 43 242 23 308 5 60 1 66 374 City of Wylie Proposition I(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 233 18 292 8 64 4 76 368 Total: 0 41 233 18 292 8 64 4 76 368 City of Wylie Proposition J(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 40 238 21 299 6 58 2 66 365 Total: 0 40 238 21 299 6 58 2 66 365 IA! fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: 2 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: October 28,2020 Exhibits: Results Subject Consider, and act upon, Ordinance No. 2020-56 of the City Council of the City of Wylie, Texas, canvassing the election returns of the November 3, 2020 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; declaring the election results for City Council Place 2; and providing a savings/repealing clause, severability clause and an effective date. Recommendation A motion to approve Ordinance No. 2020-56 of the City Council of the City of Wylie, Texas, canvassing the election returns of the November 3, 2020 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; declaring the election results for City Council Place 2; and providing a savings/repealing clause, severability clause and an effective date. Discussion The unofficial results of the City of Wylie November 3, 2020 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, have been presented for review to the Wylie City Council. Council is requested to review the results and take formal action to approve the totals within the proposed Ordinance. Page 1 of 1 ORDINANCE NO. 2020-56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,CANVASSING THE ELECTION RETURNS OF THE NOVEMBER 3, 2020 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; DECLARING THE ELECTION RESULTS FOR CITY COUNCIL PLACE 2; AND PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTWE DATE. WHEREAS,the City Council of the City of Wylie,Texas("City Council")duly authorized and ordered a special election to be held within the City of Wylie,Texas("City"),on November 3, 2020 ("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, for the remaining unexpired term; and WHEREAS,the Collin County Elections Administrator administered the Election for Collin County voters,Dallas County Elections Administrator administered the Election for Dallas County voters, and Rockwall County Elections Administrator administered the Election for Rockwall County voters; and WHEREAS,the Collin,Dallas,and Rockwall County Elections Administrators have made the return of the Election results and delivered them to the City Council in the time and manner required by law; and WHEREAS,Election returns lawfully submitted to the City Council and filed with the City Secretary are set forth in Exhibit A and incorporated herein for all purposes; and WHEREAS, the City Council finds that the Election was duly called; that notice of the Election was given in accordance with the law and City Charter; that the Election was held in accordance with the law and City Charter;that the Election returns were duly and legally made and delivered; and that there were cast at the Election valid and legal votes; and WHEREAS,the City Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law,and that the public notice of the time,place and purpose of the meeting was given as required by Chapter 551 of the Texas Government Code, as amended; and WHEREAS, the City Council, having canvassed the combined early voting and Election Day accumulated totals, finds that the votes cast result in the following: Place 2 Dave Strang received 8,020 or 59.99% of the votes cast. Tom Ambrose received 5,350 or 40.01% of the votes cast. Ordinance No. 2020-56-Canvass of the November 3,2020 Special Election to fill a vacancy(Place 2) Page 1 of 31850832 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: Election Results. The Election returns as set forth herein are declared to be official. Accordingly, Dave Strang is hereby declared elected to City Council Place 2. SECTION 3: Approval of Elections Results. The City Council hereby finds and determines, as a result of the canvass held on November 17, 2020, that a combined Election Day and early voting total of 24,261 votes were cast in the Election,with 22,349 early votes cast, as indicated by the poll list for the Election held on November 3,2020. It is hereby declared that the City approves and accepts the results of the Election for Place 2 as set forth in the returns attached hereto as Exhibit A, as determined by the majority vote of the qualified voters of the City. SECTION 4: Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause and phrase thereof regardless of whether any one or more sections, subsections, sentences, clauses or phrases may be declared unconstitutional and/or invalid. SECTION 5: Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 6: Effective Date. This Ordinance and shall become effective immediately upon its passage. DULY PASSED AND APPROVED, by the City Council of the City of Wylie, Texas on this 17th day of November 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2020-56-Canvass of the November 3,2020 Special Election to fill a vacancy(Place 2) Page 2 of 31850832 Exhibit A Certified Election Returns [15 pages attached hereto] Ordinance No. 2020-56-Canvass of the November 3,2020 Special Election to fill a vacancy(Place 2) Page 3 of 31850832 CITY OF WYLIE GENERAL&SPECIAL ELECTIONS SUMMARY OF PRECINCT RETURNS EARLY VOTING ONLY November 3,2020 Position Candidate/Proposition Dallas Rockwall Collin Total Percentage Mayor Matthew Porter 249 316 13,417 13,982 100.00% iMil 1 .1. T Place 2 Dave Strang 120 159 7,103 7,382 59.61% Place 2 Tom Ambrose 107 143 4,751 5,001 40.39% Place 5 Timothy"Toby"Wallis 237 301 12,013 12,551 100.00% 111 Place 6 Garrett Mize 129 160 7,013 7,302 55.57% Place 6 Eric Russell 103 145 5,591 5,839 44.43% Charter Amendment Proposition A-For 206 229 12,123 12,558 78.41% Proposition A-Against 49 98 3,311 3,458 21.59% Charter Amendment Proposition B-For 190 218 11,944 12,352 77.60% Proposition B-Against 63 108 3,395 3,566 22.40% Charter Amendment Proposition C-For 228 272 13,848 14,348 87.90% Proposition C-Against 24 60 1,891 1,975 12.10% Charter Amendment Proposition D-For 229 286 14,083 14,598 89.96% Proposition D-Against 23 50 1,557 1,630 10.04% Charter Amendment Proposition E-For 226 279 13,648 14,153 89.12% Proposition E-Against 20 56 1,652 1,728 10.88% Charter Amendment Proposition F-For 220 277 13,498 13,995 87.43% Proposition F-Against 28 56 1,928 2,012 12.57% Charter Amendment Proposition G-For 216 276 13,384 13,876 87.50% Proposition G-Against 27 54 1,902 1,983 12.50% Charter Amendment Proposition H-For 215 265 13,067 13,547 84.52% Proposition H-Against 39 61 2,381 2,481 15.48% Charter Amendment Proposition I-For 210 251 12,768 13,229 86.10% Proposition I-Against 27 68 2,040 2,135 13.90% Charter Amendment Proposition J-For 203 259 12,681 13,143 85.92% Proposition J-Against 35 60 2,059 2,154 14.08% EARLY VOTING BALLOTS CAST 22,349 PERCENTAGE OF REGISTERED VOTERS 68.36% TOTAL NUMBER OF REGISTERED VOTERS 32,691 CITY OF WYLIE GENERAL&SPECIAL ELECTIONS SUMMARY OF PRECINCT RETURNS EARLY VOTING&ELECTION DAY COMBINED November 3,2020 Position Candidate/Proposition Dallas Rockwall Collin Total Percentage Mayor Matthew Porter 279 363 14,489 15,131 100.00% iMil I. all Place 2 Dave Strang 137 186 7,697 8,020 59.99% Place 2 Tom Ambrose 116 164 5,070 5,350 40.01% Place 5 Timothy"Toby"Wallis 265 350 12,955 13,570 100.00% Place 6 Garrett Mize 147 185 7,663 7,995 56.24% Place 6 Eric Russell 111 169 5,942 6,222 43.76% Charter Amendment Proposition A-For 232 265 12,966 13,463 78.12% Proposition A-Against 53 111 3,607 3,771 21.88% Charter Amendment Proposition B-For 212 251 12,764 13,227 77.22% Proposition B-Against 68 123 3,710 3,901 22.78% Charter Amendment Proposition C-For 256 313 14,829 15,398 87.65% Proposition C-Against 28 68 2,073 2,169 12.35% Charter Amendment Proposition D-For 256 325 15,076 15,657 89.68% Proposition D-Against 27 59 1,716 1,802 10.32% Charter Amendment Proposition E-For 253 322 14,626 15,201 89.02% Proposition E-Against 21 62 1,791 1,874 10.98% Charter Amendment Proposition F-For 247 318 14,468 15,033 87.27% Proposition F-Against 31 63 2,098 2,192 12.73% Charter Amendment Proposition G-For 241 317 14,322 14,880 87.26% Proposition G-Against 29 60 2,084 2,173 12.74% Charter Amendment Proposition H-For 244 308 14,030 14,582 84.53% Proposition H-Against 41 66 2,562 2,669 15.47% Charter Amendment Proposition I-For 234 292 13,677 14,203 85.93% Proposition I-Against 30 76 2,220 2,326 14.07% Charter Amendment Proposition J-For 227 299 13,570 14,096 85.72% Proposition J-Against 37 66 2,246 2,349 14.28% EARLY VOTING&ELECTION DAY BALLOTS CAST 24,261 PERCENTAGE OF REGISTERED VOTERS 74.21% TOTAL NUMBER OF REGISTERED VOTERS 32,691 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx Statistics TOTAL Election Early Mail Limited Provision Day Voting al Registered Voters-Total 650,134 Ballots Cast-Total 494,259 36,689 421,920 35,650 0 0 Ballots Cast-Blank 466 6 57 403 0 0 Voter Turnout-Total 76.02% City Of Wylie Combined-11/11/2020 12:53 PM 1 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx Mayor CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Matthew Porter 14,489 100.00% 1,072 12,684 733 0 0 Total Votes Cast 14,489 100.00% 1,072 12,684 733 0 0 Overvotes 0 0 0 0 0 0 Undervotes 9,031 756 7,763 512 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 Councilmember,Place 5 CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Timothy"Toby"Wallis 12,955 100.00% 942 11,357 656 0 0 Total Votes Cast 12,955 100.00% 942 11,357 656 0 0 Overvotes 0 0 0 0 0 0 Undervotes 10,565 886 9,090 589 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 Councilmember,Place 6 CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Garrett Mize 7,663 56.32% 650 6,627 386 0 0 Eric Russell 5,942 43.68% 351 5,253 338 0 0 Total Votes Cast 13,605 100.00% 1,001 11,880 724 0 0 Overvotes 2 0 2 0 0 0 Undervotes 9,913 827 8,565 521 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 Councilmember,Place 2 CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Dave Strang 7,697 60.29% 594 6,764 339 0 0 Tom Ambrose 5,070 39.71% 319 4,394 357 0 0 Total Votes Cast 12,767 100.00% 913 11,158 696 0 0 Overvotes 2 0 2 0 0 0 Undervotes 10,751 915 9,287 549 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition A Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 12,966 78.24% 843 11,322 801 0 0 Against 3,607 21.76% 296 3,168 143 0 0 Total Votes Cast 16,573 100.00% 1,139 14,490 944 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,945 689 5,955 301 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 2 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx City Of Wylie Proposition B Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 12,764 77.48% 820 11,137 807 0 0 Against 3,710 22.52% 315 3,257 138 0 0 Total Votes Cast 16,474 100.00% 1,135 14,394 945 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,044 693 6,051 300 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition C Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,829 87.74% 981 12,975 873 0 0 Against 2,073 12.26% 182 1,801 90 0 0 Total Votes Cast 16,902 100.00% 1,163 14,776 963 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,616 665 5,669 282 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition D Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 15,076 89.78% 993 13,193 890 0 0 Against 1,716 10.22% 159 1,491 66 0 0 Total Votes Cast 16,792 100.00% 1,152 14,684 956 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,726 676 5,761 289 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition E Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,626 89.09% 978 12,782 866 0 0 Against 1,791 10.91% 139 1,571 81 0 0 Total Votes Cast 16,417 100.00% 1,117 14,353 947 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,101 711 6,092 298 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 3 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx City Of Wylie Proposition F Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,468 87.34% 970 12,647 851 0 0 Against 2,098 12.66% 170 1,833 95 0 0 Total Votes Cast 16,566 100.00% 1,140 14,480 946 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,952 688 5,965 299 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition G Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,322 87.30% 938 12,522 862 0 0 Against 2,084 12.70% 182 1,812 90 0 0 Total Votes Cast 16,406 100.00% 1,120 14,334 952 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,088 708 6,108 272 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Proposition H CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,030 84.56% 963 12,244 823 0 0 Against 2,562 15.44% 181 2,248 133 0 0 Total Votes Cast 16,592 100.00% 1,144 14,492 956 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,902 684 5,950 268 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Proposition I Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 13,677 86.04% 909 11,952 816 0 0 Against 2,220 13.96% 180 1,936 104 0 0 Total Votes Cast 15,897 100.00% 1,089 13,888 920 0 0 Overvotes 3 0 2 1 0 0 Undervotes 7,596 739 6,554 303 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 4 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx City Of Wylie Proposition J Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 13,570 85.80% 889 11,843 838 0 0 Against 2,246 14.20% 187 1,970 89 0 0 Total Votes Cast 15,816 100.00% 1,076 13,813 927 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,678 752 6,629 297 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 5 of 5 Report generated with Electionware Copyright©2007-2019 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County STATISTICS TOTAL EV In- EV Mail Election EV-ED Person Day Provisional Registered Voters-Total 533 Ballots Cast-Total 337 282 20 35 0 Voter Turnout-Total 63.23% Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 1 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County Wylie Mayor Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Matthew Porter 279 100.00% 234 15 30 0 Total Votes Cast 279 100.00% 234 15 30 0 Wylie Member of Council, PI 5 Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Timothy"Toby"Wallis 265 100.00% 223 14 28 0 Total Votes Cast 265 100.00% 223 14 28 0 Wylie Member of Council, PI 6 Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Garrett Mize 147 56.98% 124 5 18 0 Eric Russell 111 43.02% 92 11 8 0 Total Votes Cast 258 100.00% 216 16 26 0 Wylie Member of Council, PI 2 Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Dave Strang 137 54.15% 110 10 17 0 Tom Ambrose 116 45.85% 101 6 9 0 Total Votes Cast 253 100.00% 211 16 26 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 2 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County City of Wylie Proposition A Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 232 81.40% 192 14 26 0 Against 53 18.60% 47 2 4 0 Total Votes Cast 285 100.00% 239 16 30 0 City of Wylie Proposition B Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 212 75.71% 177 13 22 0 Against 68 24.29% 60 3 5 0 Total Votes Cast 280 100.00% 237 16 27 0 City of Wylie Proposition C Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 256 90.14% 213 15 28 0 Against 28 9.86% 23 1 4 0 Total Votes Cast 284 100.00% 236 16 32 0 City of Wylie Proposition D Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 256 90.46% 214 15 27 0 Against 27 9.54% 22 1 4 0 Total Votes Cast 283 100.00% 236 16 31 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 3 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County City of Wylie Proposition E Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 253 92.34% 212 14 27 0 Against 21 7.66% 18 2 1 0 Total Votes Cast 274 100.00% 230 16 28 0 City of Wylie Proposition F Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 247 88.85% 205 15 27 0 Against 31 11.15% 27 1 3 0 Total Votes Cast 278 100.00% 232 16 30 0 City of Wylie Proposition G Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 241 89.26% 203 13 25 0 Against 29 10.74% 25 2 2 0 Total Votes Cast 270 100.00% 228 15 27 0 City of Wylie Proposition H Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 244 85.61% 200 15 29 0 Against 41 14.39% 38 1 2 0 Total Votes Cast 285 100.00% 238 16 31 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 4 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County City of Wylie Proposition I Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 234 88.64% 197 13 24 0 Against 30 11.36% 24 3 3 0 Total Votes Cast 264 100.00% 221 16 27 0 City of Wylie Proposition J Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 227 85.98% 190 13 24 0 Against 37 14.02% 32 3 2 0 Total Votes Cast 264 100.00% 222 16 26 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 5 of 5 Report generated with Electionware Copyright©2007-2018 Mayor City of Wylie(Voter Turnout 1) Matthew Porter County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 47 296 20 363 363 Total: 0 47 296 20 363 363 Councilmember, Place 5 City of Wylie(Voter Turnout 1) Timothy"Toby"Wallis County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 49 284 17 350 350 Total: 0 49 284 17 350 350 Councilmember, Place 6 City of Wylie(Voter Turnout 1) Garrett Mize Eric Russell County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 25 154 6 185 24 131 14 169 354 Total: 0 25 154 6 185 24 131 14 169 354 Councilmember, Place 2 City of Wylie(Voter Turnout 1) Dave Strang Tom Ambrose County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 27 148 11 186 21 131 12 164 350 Total: 0 27 148 11 186 21 131 12 164 350 City of Wylie Proposition A(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 36 211 18 265 13 92 6 111 376 Total: 0 36 211 18 265 13 92 6 111 376 City of Wylie Proposition B (Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 33 199 19 251 15 102 6 123 374 Total: 0 33 199 19 251 15 102 6 123 374 City of Wylie Proposition C(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 251 21 313 8 57 3 68 381 Total: 0 41 251 21 313 8 57 3 68 381 City of Wylie Proposition D(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 39 265 21 325 9 47 3 59 384 Total: 0 39 265 21 325 9 47 3 59 384 City of Wylie Proposition E(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 43 258 21 322 6 53 3 62 384 Total: 0 43 258 21 322 6 53 3 62 384 City of Wylie Proposition F (Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 258 19 318 7 52 4 63 381 Total: 0 41 258 19 318 7 52 4 63 381 City of Wylie Proposition G(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 254 22 317 6 52 2 60 377 Total: 0 41 254 22 317 6 52 2 60 377 City of Wylie Proposition H(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 43 242 23 308 5 60 1 66 374 Total: 0 43 242 23 308 5 60 1 66 374 City of Wylie Proposition I(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 233 18 292 8 64 4 76 368 Total: 0 41 233 18 292 8 64 4 76 368 City of Wylie Proposition J(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 40 238 21 299 6 58 2 66 365 Total: 0 40 238 21 299 6 58 2 66 365 IA! fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: 3 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: October 28,2020 Exhibits: Results Subject Consider, and act upon, Ordinance No. 2020-57 of the City Council of the City of Wylie, Texas, adopting the amendments to the Home Rule Charter approved by the qualified voters of the City of Wylie, Texas, at a Special Election held on November 3, 2020; canvassing the election returns; declaring the election results; providing for recordation and certification of the Charter Amendments as required by Texas Law; and providing a savings/repealing clause, severability clause and an effective date. Recommendation A motion to approve Ordinance No. 2020-57 of the City Council of the City of Wylie, Texas, adopting the amendments to the Home Rule Charter approved by the qualified voters of the City of Wylie, Texas, at a Special Election held on November 3, 2020; canvassing the election returns; declaring the election results; providing for recordation and certification of the Charter Amendments as required by Texas Law; and providing a savings/repealing clause, severability clause and an effective date. Discussion The unofficial results of the City of Wylie November 3, 2020 Special Election for proposed Charter Amendments to the Home Rule Charter, have been presented for review to the Wylie City Council. Council is requested to review the results and take formal action to adopt the amendments to the Home Rule Charter and approve the totals within the proposed Ordinance. Page 1 of 1 ORDINANCE NO. 2020-57 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ADOPTING THE AMENDMENTS TO THE HOME RULE CHARTER APPROVED BY THE QUALIFIED VOTERS OF THE CITY OF WYLIE, TEXAS, AT A SPECIAL ELECTION HELD ON NOVEMBER 3, 2020; CANVASSING THE ELECTION RETURNS; DECLARING THE ELECTION RESULTS; PROVIDING FOR RECORDATION AND CERTIFICATION OF THE CHARTER AMENDMENTS AS REQUIRED BY TEXAS LAW; AND PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), on its own motion, duly authorized and ordered a special election to be held within the City of Wylie, Texas ("Wylie"or"City"), on November 3,2020, for the purpose of submitting to the qualified voters of Wylie certain proposed amendments to the existing Home Rule Charter of Wylie("City Charter"), pursuant to and in accordance with Section 9.004 of the Texas Local Government Code,Article XI, Section 26 of the City Charter and other applicable law; and WHEREAS,the Collin County Elections Administrator administered the Election for Collin County voters,Dallas County Elections Administrator administered the Election for Dallas County voters, and Rockwall County Elections Administrator administered the Election for Rockwall County voters; and WHEREAS,the Collin,Dallas,and Rockwall County Elections Administrators have made the return of the Election results and delivered them to the City Council in the time and manner required by law; and WHEREAS,Election returns lawfully submitted to the City Council and filed with the City Secretary are set forth in Exhibit A and incorporated herein for all purposes; and WHEREAS, the City Council finds that the Election was duly called; that notice of the Election was given in accordance with the law and City Charter; that the Election was held in accordance with the law and City Charter;that the Election returns were duly and legally made and delivered; and that there were cast at the Election valid and legal votes; and WHEREAS,the City Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law,and that the public notice of the time,place and purpose of the meeting was given as required by Chapter 551 of the Texas Government Code, as amended; and WHEREAS, the City Council, having canvassed the combined early voting and Election Day accumulated totals, finds that the votes cast result in the following: Ordinance No.2020-57-Canvass of the November 3,2020 Special Election-Charter Amendments 3237969 Proposition A For- 13,463 Against- 3,771 Proposition B For- 13,227 Against- 3,901 Proposition C For- 15,398 Against- 2,169 Proposition D For- 15,657 Against- 1,802 Proposition E For- 15,201 Against- 1,874 Proposition F For— 15,033 Against- 2,192 Proposition G For- 14,880 Against- 2,173 Proposition H For- 14,582 Against- 2,669 Proposition I For- 14,203 Against- 2,326 Proposition J For- 14,096 Against- 2,349 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: Election Results;Adoption of Charter Amendments. The Election returns as Ordinance No.2020-57-Canvass of the November 3,2020 Special Election-Charter Amendments 3237969 set forth herein are declared to be official. The City Council hereby declares that Propositions A through J,setting forth amendments to the City Charter,were approved by the qualified voters of the City at the Election. A true and correct copy of the approved amendments to the City Charter is attached hereto as Exhibit B and incorporated herein for all purposes. Pursuant to Section 9.005(b) of the Texas Local Government Code,the City Council hereby declares that amendments to the City Charter as set forth in Exhibit B are adopted. SECTION 3: Approval of Elections Results. The City Council hereby finds and determines, as a result of the canvass held on November 17, 2020, that a combined Election Day and early voting total of 24,261 votes were cast in the Election,with 22,349 early votes cast, as indicated by the poll list for the Election held on November 3,2020. It is hereby declared that the City Council approves and accepts the amendments to the City Charter as set forth in Exhibit A attached hereto, as determined by the majority vote of the qualified voters of the City. SECTION 4: Recordation and Certification of Charter Amendments. The City Secretary shall record in the Office of the City Secretary the City Charter amendments as set forth in Exhibit B. Pursuant to Section 9.007 of the Texas Local Government Code,the Mayor shall certify to the Secretary of State of the State of Texas, an authenticated copy of this Ordinance and said City Charter amendments under the seal of Wylie, showing the approval by the qualified voters of the City. SECTION 5: Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause and phrase thereof regardless of whether any one or more sections, subsections, sentences, clauses or phrases may be declared unconstitutional and/or invalid. SECTION 6: Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 7: Effective Date. This Ordinance and shall become effective immediately upon its passage. DULY PASSED AND APPROVED, by the City Council of the City of Wylie, Texas on this 17th day of November 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No.2020-57-Canvass of the November 3,2020 Special Election-Charter Amendments 3237969 CERTIFICATION OF CITY CHARTER AMENDMENT Pursuant to Section 9.007(a)of the Texas Local Government Code,I,Eric Hogue,mayor of the City of Wylie,Texas,hereby certify and submit to the Secretary of State of the State of Texas the above and foregoing authenticated copy of City of Wylie Ordinance No. 2020-57, adopted by the City Council of the City of Wylie,Texas,on the 17th day of November 2020,and attached thereto as Exhibit B is a true and correct copy of the amendments to the City of Wylie Home Rule Charter approved by the voters of the City of Wylie, Texas, at an election held for that purpose on the 3rd day of November 2020. This certificate of authentication executed this 17th day of November 2020. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary [Seal of the City of Wylie, Texas] Ordinance No.2020-57-Canvass of the November 3,2020 Special Election-Charter Amendments 3237969 Exhibit A Certified Election Returns [15 pages attached hereto] Ordinance No.2020-57-Canvass of the November 3,2020 Special Election-Charter Amendments 3237969 CITY OF WYLIE GENERAL&SPECIAL ELECTIONS SUMMARY OF PRECINCT RETURNS EARLY VOTING ONLY November 3,2020 Position Candidate/Proposition Dallas Rockwall Collin Total Percentage Mayor Matthew Porter 249 316 13,417 13,982 100.00% iMil 1 .1. T Place 2 Dave Strang 120 159 7,103 7,382 59.61% Place 2 Tom Ambrose 107 143 4,751 5,001 40.39% Place 5 Timothy"Toby"Wallis 237 301 12,013 12,551 100.00% 111 Place 6 Garrett Mize 129 160 7,013 7,302 55.57% Place 6 Eric Russell 103 145 5,591 5,839 44.43% Charter Amendment Proposition A-For 206 229 12,123 12,558 78.41% Proposition A-Against 49 98 3,311 3,458 21.59% Charter Amendment Proposition B-For 190 218 11,944 12,352 77.60% Proposition B-Against 63 108 3,395 3,566 22.40% Charter Amendment Proposition C-For 228 272 13,848 14,348 87.90% Proposition C-Against 24 60 1,891 1,975 12.10% Charter Amendment Proposition D-For 229 286 14,083 14,598 89.96% Proposition D-Against 23 50 1,557 1,630 10.04% Charter Amendment Proposition E-For 226 279 13,648 14,153 89.12% Proposition E-Against 20 56 1,652 1,728 10.88% Charter Amendment Proposition F-For 220 277 13,498 13,995 87.43% Proposition F-Against 28 56 1,928 2,012 12.57% Charter Amendment Proposition G-For 216 276 13,384 13,876 87.50% Proposition G-Against 27 54 1,902 1,983 12.50% Charter Amendment Proposition H-For 215 265 13,067 13,547 84.52% Proposition H-Against 39 61 2,381 2,481 15.48% Charter Amendment Proposition I-For 210 251 12,768 13,229 86.10% Proposition I-Against 27 68 2,040 2,135 13.90% Charter Amendment Proposition J-For 203 259 12,681 13,143 85.92% Proposition J-Against 35 60 2,059 2,154 14.08% EARLY VOTING BALLOTS CAST 22,349 PERCENTAGE OF REGISTERED VOTERS 68.36% TOTAL NUMBER OF REGISTERED VOTERS 32,691 CITY OF WYLIE GENERAL&SPECIAL ELECTIONS SUMMARY OF PRECINCT RETURNS EARLY VOTING&ELECTION DAY COMBINED November 3,2020 Position Candidate/Proposition Dallas Rockwall Collin Total Percentage Mayor Matthew Porter 279 363 14,489 15,131 100.00% iMil I. all Place 2 Dave Strang 137 186 7,697 8,020 59.99% Place 2 Tom Ambrose 116 164 5,070 5,350 40.01% Place 5 Timothy"Toby"Wallis 265 350 12,955 13,570 100.00% Place 6 Garrett Mize 147 185 7,663 7,995 56.24% Place 6 Eric Russell 111 169 5,942 6,222 43.76% Charter Amendment Proposition A-For 232 265 12,966 13,463 78.12% Proposition A-Against 53 111 3,607 3,771 21.88% Charter Amendment Proposition B-For 212 251 12,764 13,227 77.22% Proposition B-Against 68 123 3,710 3,901 22.78% Charter Amendment Proposition C-For 256 313 14,829 15,398 87.65% Proposition C-Against 28 68 2,073 2,169 12.35% Charter Amendment Proposition D-For 256 325 15,076 15,657 89.68% Proposition D-Against 27 59 1,716 1,802 10.32% Charter Amendment Proposition E-For 253 322 14,626 15,201 89.02% Proposition E-Against 21 62 1,791 1,874 10.98% Charter Amendment Proposition F-For 247 318 14,468 15,033 87.27% Proposition F-Against 31 63 2,098 2,192 12.73% Charter Amendment Proposition G-For 241 317 14,322 14,880 87.26% Proposition G-Against 29 60 2,084 2,173 12.74% Charter Amendment Proposition H-For 244 308 14,030 14,582 84.53% Proposition H-Against 41 66 2,562 2,669 15.47% Charter Amendment Proposition I-For 234 292 13,677 14,203 85.93% Proposition I-Against 30 76 2,220 2,326 14.07% Charter Amendment Proposition J-For 227 299 13,570 14,096 85.72% Proposition J-Against 37 66 2,246 2,349 14.28% EARLY VOTING&ELECTION DAY BALLOTS CAST 24,261 PERCENTAGE OF REGISTERED VOTERS 74.21% TOTAL NUMBER OF REGISTERED VOTERS 32,691 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx Statistics TOTAL Election Early Mail Limited Provision Day Voting al Registered Voters-Total 650,134 Ballots Cast-Total 494,259 36,689 421,920 35,650 0 0 Ballots Cast-Blank 466 6 57 403 0 0 Voter Turnout-Total 76.02% City Of Wylie Combined-11/11/2020 12:53 PM 1 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx Mayor CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Matthew Porter 14,489 100.00% 1,072 12,684 733 0 0 Total Votes Cast 14,489 100.00% 1,072 12,684 733 0 0 Overvotes 0 0 0 0 0 0 Undervotes 9,031 756 7,763 512 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 Councilmember,Place 5 CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Timothy"Toby"Wallis 12,955 100.00% 942 11,357 656 0 0 Total Votes Cast 12,955 100.00% 942 11,357 656 0 0 Overvotes 0 0 0 0 0 0 Undervotes 10,565 886 9,090 589 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 Councilmember,Place 6 CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Garrett Mize 7,663 56.32% 650 6,627 386 0 0 Eric Russell 5,942 43.68% 351 5,253 338 0 0 Total Votes Cast 13,605 100.00% 1,001 11,880 724 0 0 Overvotes 2 0 2 0 0 0 Undervotes 9,913 827 8,565 521 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 Councilmember,Place 2 CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al Dave Strang 7,697 60.29% 594 6,764 339 0 0 Tom Ambrose 5,070 39.71% 319 4,394 357 0 0 Total Votes Cast 12,767 100.00% 913 11,158 696 0 0 Overvotes 2 0 2 0 0 0 Undervotes 10,751 915 9,287 549 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition A Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 12,966 78.24% 843 11,322 801 0 0 Against 3,607 21.76% 296 3,168 143 0 0 Total Votes Cast 16,573 100.00% 1,139 14,490 944 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,945 689 5,955 301 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 2 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx City Of Wylie Proposition B Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 12,764 77.48% 820 11,137 807 0 0 Against 3,710 22.52% 315 3,257 138 0 0 Total Votes Cast 16,474 100.00% 1,135 14,394 945 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,044 693 6,051 300 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition C Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,829 87.74% 981 12,975 873 0 0 Against 2,073 12.26% 182 1,801 90 0 0 Total Votes Cast 16,902 100.00% 1,163 14,776 963 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,616 665 5,669 282 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition D Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 15,076 89.78% 993 13,193 890 0 0 Against 1,716 10.22% 159 1,491 66 0 0 Total Votes Cast 16,792 100.00% 1,152 14,684 956 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,726 676 5,761 289 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition E Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,626 89.09% 978 12,782 866 0 0 Against 1,791 10.91% 139 1,571 81 0 0 Total Votes Cast 16,417 100.00% 1,117 14,353 947 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,101 711 6,092 298 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 3 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx City Of Wylie Proposition F Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,468 87.34% 970 12,647 851 0 0 Against 2,098 12.66% 170 1,833 95 0 0 Total Votes Cast 16,566 100.00% 1,140 14,480 946 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,952 688 5,965 299 0 0 Contest Totals 23,520 1,828 20,447 1,245 0 0 City Of Wylie Proposition G Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,322 87.30% 938 12,522 862 0 0 Against 2,084 12.70% 182 1,812 90 0 0 Total Votes Cast 16,406 100.00% 1,120 14,334 952 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,088 708 6,108 272 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Proposition H CITY OF WYLIE Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 14,030 84.56% 963 12,244 823 0 0 Against 2,562 15.44% 181 2,248 133 0 0 Total Votes Cast 16,592 100.00% 1,144 14,492 956 0 0 Overvotes 2 0 2 0 0 0 Undervotes 6,902 684 5,950 268 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Proposition I Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 13,677 86.04% 909 11,952 816 0 0 Against 2,220 13.96% 180 1,936 104 0 0 Total Votes Cast 15,897 100.00% 1,089 13,888 920 0 0 Overvotes 3 0 2 1 0 0 Undervotes 7,596 739 6,554 303 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 4 of 5 Report generated with Electionware Copyright©2007-2019 Summary Results Report Combined Accumulated Totals City Of Wylie General and Special Elections Final Results November 3, 2020 Collin County, Tx City Of Wylie Proposition J Vote For 1 TOTAL VOTE% Election Early Mail Limited Provision Day Voting al For 13,570 85.80% 889 11,843 838 0 0 Against 2,246 14.20% 187 1,970 89 0 0 Total Votes Cast 15,816 100.00% 1,076 13,813 927 0 0 Overvotes 2 0 2 0 0 0 Undervotes 7,678 752 6,629 297 0 0 Contest Totals 23,496 1,828 20,444 1,224 0 0 City Of Wylie Combined-11/11/2020 12:53 PM 5 of 5 Report generated with Electionware Copyright©2007-2019 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County STATISTICS TOTAL EV In- EV Mail Election EV-ED Person Day Provisional Registered Voters-Total 533 Ballots Cast-Total 337 282 20 35 0 Voter Turnout-Total 63.23% Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 1 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County Wylie Mayor Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Matthew Porter 279 100.00% 234 15 30 0 Total Votes Cast 279 100.00% 234 15 30 0 Wylie Member of Council, PI 5 Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Timothy"Toby"Wallis 265 100.00% 223 14 28 0 Total Votes Cast 265 100.00% 223 14 28 0 Wylie Member of Council, PI 6 Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Garrett Mize 147 56.98% 124 5 18 0 Eric Russell 111 43.02% 92 11 8 0 Total Votes Cast 258 100.00% 216 16 26 0 Wylie Member of Council, PI 2 Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional Dave Strang 137 54.15% 110 10 17 0 Tom Ambrose 116 45.85% 101 6 9 0 Total Votes Cast 253 100.00% 211 16 26 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 2 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County City of Wylie Proposition A Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 232 81.40% 192 14 26 0 Against 53 18.60% 47 2 4 0 Total Votes Cast 285 100.00% 239 16 30 0 City of Wylie Proposition B Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 212 75.71% 177 13 22 0 Against 68 24.29% 60 3 5 0 Total Votes Cast 280 100.00% 237 16 27 0 City of Wylie Proposition C Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 256 90.14% 213 15 28 0 Against 28 9.86% 23 1 4 0 Total Votes Cast 284 100.00% 236 16 32 0 City of Wylie Proposition D Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 256 90.46% 214 15 27 0 Against 27 9.54% 22 1 4 0 Total Votes Cast 283 100.00% 236 16 31 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 3 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County City of Wylie Proposition E Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 253 92.34% 212 14 27 0 Against 21 7.66% 18 2 1 0 Total Votes Cast 274 100.00% 230 16 28 0 City of Wylie Proposition F Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 247 88.85% 205 15 27 0 Against 31 11.15% 27 1 3 0 Total Votes Cast 278 100.00% 232 16 30 0 City of Wylie Proposition G Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 241 89.26% 203 13 25 0 Against 29 10.74% 25 2 2 0 Total Votes Cast 270 100.00% 228 15 27 0 City of Wylie Proposition H Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 244 85.61% 200 15 29 0 Against 41 14.39% 38 1 2 0 Total Votes Cast 285 100.00% 238 16 31 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 4 of 5 Report generated with Electionware Copyright©2007-2018 Wylie Final Canvass Reports UNOFFICIAL RESULTS General and Joint Election Final Cum Totals November 3, 2020 Dallas County City of Wylie Proposition I Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 234 88.64% 197 13 24 0 Against 30 11.36% 24 3 3 0 Total Votes Cast 264 100.00% 221 16 27 0 City of Wylie Proposition J Vote For 1 TOTAL VOTE% EV In- EV Mail Election EV-ED Person Day Provisional For 227 85.98% 190 13 24 0 Against 37 14.02% 32 3 2 0 Total Votes Cast 264 100.00% 222 16 26 0 Canvass Reports Final Cum Totals- 11/11/2020 08:37 AM Page 5 of 5 Report generated with Electionware Copyright©2007-2018 Mayor City of Wylie(Voter Turnout 1) Matthew Porter County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 47 296 20 363 363 Total: 0 47 296 20 363 363 Councilmember, Place 5 City of Wylie(Voter Turnout 1) Timothy"Toby"Wallis County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 49 284 17 350 350 Total: 0 49 284 17 350 350 Councilmember, Place 6 City of Wylie(Voter Turnout 1) Garrett Mize Eric Russell County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 25 154 6 185 24 131 14 169 354 Total: 0 25 154 6 185 24 131 14 169 354 Councilmember, Place 2 City of Wylie(Voter Turnout 1) Dave Strang Tom Ambrose County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 27 148 11 186 21 131 12 164 350 Total: 0 27 148 11 186 21 131 12 164 350 City of Wylie Proposition A(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 36 211 18 265 13 92 6 111 376 Total: 0 36 211 18 265 13 92 6 111 376 City of Wylie Proposition B (Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 33 199 19 251 15 102 6 123 374 Total: 0 33 199 19 251 15 102 6 123 374 City of Wylie Proposition C(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 251 21 313 8 57 3 68 381 Total: 0 41 251 21 313 8 57 3 68 381 City of Wylie Proposition D(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 39 265 21 325 9 47 3 59 384 Total: 0 39 265 21 325 9 47 3 59 384 City of Wylie Proposition E(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 43 258 21 322 6 53 3 62 384 Total: 0 43 258 21 322 6 53 3 62 384 City of Wylie Proposition F (Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 258 19 318 7 52 4 63 381 Total: 0 41 258 19 318 7 52 4 63 381 City of Wylie Proposition G(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 254 22 317 6 52 2 60 377 Total: 0 41 254 22 317 6 52 2 60 377 City of Wylie Proposition H(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 43 242 23 308 5 60 1 66 374 Total: 0 43 242 23 308 5 60 1 66 374 City of Wylie Proposition I(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 41 233 18 292 8 64 4 76 368 Total: 0 41 233 18 292 8 64 4 76 368 City of Wylie Proposition J(Voter Turnout 1) FOR THE MEASURE AGAINST THE MEASURE County Registered Voters ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes ELECTION DAY EARLY VOTING BALLOTS BY MAIL Total Votes Total Precinct 1A 0 40 238 21 299 6 58 2 66 365 Total: 0 40 238 21 299 6 58 2 66 365 Exhibit B Approved City Charter Amendments In accordance with Propositions A through J,approved at the Special Election held on November 3, 2020, the Home Rule Charter of the City of Wylie, Texas, is hereby amended as follows': CITY OF WYLIE PROPOSITION A In accordance with Proposition A, Article I, Section 3 of the City Charter is amended to read as follows: Section 3 —Extension of Boundaries The boundaries of the City of Wylie, Texas, may be enlarged and extended by the annexation of additional territory by any of the methods provided by applicable state law in accordance with Vernon's Ann. Civ. St. art. 970a, as presently written or hereafter amended. A. Extending Boundaries by Action of the City Council. The City Council, by ordinance, shall have the power to annex additional territory adjacent to or contiguous with the City limits,with or without the consent of the residents and/or the owners of the territory annexed in accordance with the provisions of Vernon's Ann. Civ. St. art. 970a. B. Annexation of Unoccupied Lands on Petition of Owners. The owner or owners of land contiguous with and adjacent to the City limits may, by petition in writing to the City Council,request said land to be annexed. The City Council may grant or refuse the petition as it sees fit.If the City Council grants the petition, it shall, by ordinance, annex said land as part of the corporate limits of the City in accordance with Vernon's Ann. Civ. St. art. 970a. C. Annexation by Any Other Method Provided by Law.Additional territory may also be annexed to the City in any manner and by any procedure now or hereafter provided by law. D. Annexed Territory to Become Part of City. Upon annexation, the annexed territory shall become a part of the City, and said land and its residents and future residents shall be entitled to all the rights and privileges provided by the City for its citizens, and shall be bound by the acts, ordinances, resolutions and regulations of the City. CITY OF WYLIE PROPOSITION B 1 Words and punctuation to be added are underlined;words and punctuation to be deleted are marked with strikethrough. Ordinance No.2020-57-Canvass of the November 3,2020 Special Election-Charter Amendments 3237969 In accordance with Proposition B, Article II, Section 1 of the City Charter is amended to read as follows: Section 1 —Powers of the City The City shall have all powers and rights of self-government and home rule that exist now or may be granted to municipalities by the constitution and laws of the State of Texas. These powers and rights, whether expressed or implied, shall be exercised, administered and enforced in the interest and welfare of individuals and corporations residing in or owning property within the boundaries of the City as prescribed by this Charter,or in such manner as may be provided by resolution or ordinance of the City Council. The powers hereby conferred upon the City shall include,but not be restricted to the powers expressly conferred and permitted by applicable law Vernon's Ann.Civ. St. art. 1175, as now or hereafter amended. CITY OF WYLIE PROPOSITION C In accordance with Proposition C,Article III, Section 1(B)of the City Charter is amended to read as follows: Section 1 —Number, Selection and Term B. All members of the City Council,other than the mayor,shall be elected under the place system.At the first general election held under this Charter,and in each odd numbered year thereafter, three councilmen shall be elected,with the councilmen filling positions 1, 3, and 5. The following year and in each oven numbered year thereafter, the mayor and three councilmen shall be elected to fi' e do ^, ►nd6. CITY OF WYLIE PROPOSITION D In accordance with Proposition D,Article III,Section 6(C)of the City Charter is amended to read as follows: Section 6—Vacancies, Forfeiture, Filling of Vacancies Ordinance No.2020-57-Canvass of the November 3,2020 Special Election-Charter Amendments 3237969 C. Filling of Vacancies. Any vacancy or vacancies occurring on the City Council governing-body shall net be filled for the remainder of the unexpired term by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within 120 days after such vacancy or vacancies occur.This appointee shall serve the unexpired term for the place for which he was appointed. The City Council shall not, however, fill more than one vacancy by appointment within a six month period and in case a vacancy has been filled by the City Council within 12 months prior to a subsequent vacancy, or before a subsequent vacancy has been filled, or if more than one vacancy occurs at the same time,the City Council shall order a special election within 30 days of the last vacancy to elect the successor or successors to the office [or] offices vacated. Vacancies filled by special election shall be for the remainder of the term. However, if the vacancies occur within 120 days of a regular election, then no special election shall be called,and the remaining City Council members shall appoint qualified persons to fill vacancies until the regular election. CITY OF WYLIE PROPOSITION E In accordance with Proposition E, Article III, Section 9 of the City Charter is amended to read as follows: Section 9—Meetings of City Council The City Council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held on the call of the mayor or a majority of the City Councilmembers. All meetings shall be held and notice given in accordance with applicable law Vernon's Ann.Civ. St.art.6252 17,as amended.Except as otherwise authorized by law, all meetings shall be open to the public. CITY OF WYLIE PROPOSITION F In accordance with Proposition F,Article III, Section 12 of the City Charter is amended to read as follows: Section 12—Rules of Procedure The City Council shall,by ordinance,determine its own rules and order of business, and the rules shall provide that each member of the public who desires to address the City Council regarding an item on an agenda for an open meeting of the City Council Ordinance No.2020-57-Canvass of the November 3,2020 Special Election-Charter Amendments 3237969 to address the City Council regarding the item at the meeting before or during the City Council's consideration of the item itize s fthe C ity shag have o nable opportunity to be heard at any meeting with regard to any matter under consideration. The City Council shall provide for written minutes to be taken of all meetings, except executive sessions authorized by law, and such minutes shall be public record and shall be kept and maintained by the City Secretary. The vote of each Council Member on any matter shall be recorded in the minutes. CITY OF WYLIE PROPOSITION G In accordance with Proposition G,Article V, Section 2(A)of the City Charter is amended to read as follows: Section 2—Filing For Office; Eligibility to File A. Candidate Qualifications.Each candidate for an elective office shall meet the following qualifications: Shall be a qualified voter of the City. Shall have resided for at least 12 months preceding the election within the corporate limits of the City, including territory annexed prior to the filing deadline. Shall not,after notice of any delinquency,be in arrears in the payment of any taxes or other liabilities due the city. "In arrears" is defined herein to mean that payment has not been received within 90 days from the due date. An incumbent City Councilman seeking reelection must file for the same place position number currently being served. No candidate may file in a single election for more than one office or place position as provided by this Charter. No employee of the City shall continue in such position after filing for an elective office provided for in this Charter. Shall not concurrently hold an elective office with the City other than the one being filed for. CITY OF WYLIE PROPOSITION H In accordance with Proposition H,Article V, Section 3(C)of the City Charter is amended to read as follows: Ordinance No.2020-57-Canvass of the November 3,2020 Special Election-Charter Amendments 3237969 Section 3 —Official Ballots C. Early Voting Absentee Ballots. Procedures for voting by early voting absentee ballots shall be consistent with the Texas Election Code. CITY OF WYLIE PROPOSITION I In accordance with Proposition I,Article VIII, Section 2(D) of the City Charter is amended to read as follows: Section 2—Boards and Commissions Enumerated D. Board of Adjustment and Appeals. The City Council shall appoint a board of adjustment and appeals of five members and two alternate members who shall serve in accordance with applicable law Vernon's Ann. Civ. St. art. fig. Members of the board shall be qualified voters of the City and shall be appointed for two year terms with three members'terms expiring in even- numbered years and two members' terms expiring in odd-numbered years. Members of the board shall elect a chairman each July from their membership and shall meet at the call of the chairman within 30 days of receipt of written notice from anyone aggrieved as a result of the refusal of a building permit or administrative decision by the City building official.Rules and regulations shall be prescribed for the functioning of the board consistent with the laws of the State of Texas and the building codes of the City of Wylie. CITY OF WYLIE PROPOSITION J In accordance with Proposition J, Article XI, Section 26 of the City Charter is amended to read as follows: Section 26—Amendment of Charter Amendments to this Charter may be framed and submitted to the qualified voters of the City in the manner provided by applicable law Vernon's Ann. Civ. St. art. 1174 f ct seq., as now or hereafter amended. Ordinance No.2020-57-Canvass of the November 3,2020 Special Election-Charter Amendments 3237969 1AI fN Wylie City Council CITY OF WYLIE Minutes Regular Meeting October 27, 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 6:06 p.m. The following City Council members were present: Mayor pro tern Jeff Forrester, Councilman David R. Duke, Councilman Matthew Porter, Councilwoman Candy Arrington, and Councilman Timothy T. Wallis. Councilman David Dahl was absent. Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson; Fire Chief Brandon Blythe; Public Information Officer Craig Kelly; Finance Director Melissa Beard; Parks and Recreation Director Rob Diaz; Planning Manager Jasen Haskins;Project Engineer Wes Lawson;WEDC Executive Director Jason Greiner;Municipal Court Supervisor Lisa Davis; City Secretary Stephanie Storm, and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Mayor Hogue led the invocation and City Manager Holsted led the Pledge of Allegiance. PRESENTATIONS • Presentations to Mayor Hogue and Councilman Dahl. City Manager Holsted stated Councilman Dahl was unable to attend this evening. Holsted recognized Mayor Hogue for his combined 23 years of service while serving on the Construction Code Board, Planning and Zoning Commission, City Council, and Mayor. Mayor Hogue is the 45th Mayor and is currently the longest serving Mayor with 12 years of service.Assistant City Manager Parker,Councilwoman Candy Arrington,and Mayor pro tern Forrester shared stories,memories,and thanked Hogue for his service to the City.Mayor Hogue expressed his thanks to his biggest supporter,his wife Tammy. • Wylie Way Students. Mayor Hogue presented medallions to students demonstrating "Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as the"Wylie Way Student." • Recognition of Municipal Court Judge Terry Douglas. Municipal Court Supervisor Davis and Police Chief Henderson recognized Judge Douglas for his over 25 years of service to the City. Judge Douglas was presented gifts from the Municipal Court and Police Departments. Minutes October 27,2020 Wylie City Council Page 1 • Proclamation for Municipal Court Week—November 2-6. Mayor Hogue presented a proclamation proclaiming November 2-6 as Municipal Court Week in Wylie,Texas. Representatives from Municipal Court were present to accept the proclamation. • Proclamation for Arbor Day. Mayor Hogue presented a proclamation proclaiming November 6 as Arbor Day in Wylie, Texas. Rob Diaz, Parks and Recreation Director,was present to accept the proclamation. • Proclamation for Hunger and Homelessness Week—November 14-22. Mayor Hogue presented a proclamation proclaiming November 14-22 as Hunger and Homelessness Week in Wylie, Texas. Representatives from First Baptist Wylie, St. Vincent de Paul Society, Team Up to Fight Hunger, Wylie Christian Care Center, Amazing Grace Food Pantry, 5 Loaves Food Pantry, Wylie ISD,New Hope Christian Church, and City of Wylie were present to accept the proclamation. CITIZEN COMMENTS ON NON-AGENDA ITEMS There were no citizens present wishing to address Council. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider,and act upon,approval of the Minutes of October 13,2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and act upon,an amended plat for Lot 1,Block A Wylie Junior High School Addition, to establish fire lane, access, and utility easements for one lot on 44.889 acres,located at 950 and 1050 Park Boulevard. (J. Haskins, Planning Manager) C. Consider,and act upon,a preliminary plat for Stone 2514 Addition,to create one commercial lot on 1.275 acres,located at 7940 E.Parker Road. (J. Haskins, Planning Manager) D. Consider, and act upon, a final plat for Stone 2514 Addition, to establish one commercial lot on 1.275 acres,located at 7940 E.Parker Road. (J. Haskins, Planning Manager) E. Consider, and act upon, a preliminary plat for R.V. Groves Elementary School Addition, to create one lot on 10.343 acres,located at 1100 McCreary Road. (J. Haskins, Planning Manager) F. Consider,and act upon,a final plat for R.V.Groves Elementary School Addition,to establish one lot on 10.343 acres,located at 1100 McCreary Road. (J. Haskins, Planning Manager) G. Consider,and act upon,Ordinance No.2020-54 for a change of zoning from Agricultural District (AG/30) to Planned Development (PD), amending Planned Development 2017-31, to allow for a 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) H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30,2020. (J. Greiner, WEDC Director) Minutes October 27,2020 Wylie City Council Page 2 I. Consider, and act upon, an agreement authorizing the appointment of Art Maldonado as Municipal Court Judge for the City of Wylie effective November 1, 2020, setting terms and stipend of service. (M. Beard, Finance Director) J. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for September 30,2020. (M. Beard, Finance Director) K. Consider,and place on file,the City of Wylie Monthly Investment Report for September 30,2020. (M. Beard, Finance Director) Council Action A motion was made by Councilman Duke, seconded by Councilman Porter, to approve the Consent Agenda as presented. A vote was taken and motion passed 6-0 with Councilman Dahl absent. REGULAR AGENDA Tabled from 10-13-2020 Council Action A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester,to remove Item 1 from table. A vote was taken and motion passed 6-0 with Councilman Dahl absent. 1. Hold a Public Hearing, consider, and act upon, a change of zoning from 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) Staff Comments Planning Manager Haskins addressed Council stating Council tabled this request at the October 13, 2020 meeting, citing concerns of tree preservation and the berm height. The Special Use Permit (SUP) conditions have been revised to preserve hundreds of trees, especially large cedar elms, and increase the height of the berm. The revised SUP conditions allow the NTMWD to conduct further development of the site while preserving or mitigating all trees of 12"caliper or larger on the 19.3 acres of undeveloped area and requires the NTMWD to provide a 150-foot landscaped buffer. Applicant Comments Tony Sosebee,representing Huitt-Zollars,Inc.and NTMWD,gave a short presentation regarding the proposed zoning change giving project history, showing an aerial map, identifying SUP conditions, showing the rezoning exhibit plan, photos of the landscape berm and tree plantings, schematic of future landscape berm and tree preservation zone, and reviewing noise and odor control measures. Mayor pro tern Forrester and Councilman Porter commended NTMWD staff and board members with taking the feedback received by Council at the October 13 meeting and working with City staff. Public Hearing Mayor Hogue opened the public hearing on Item 1 at 7:14 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Minutes October 27,2020 Wylie City Council Page 3 Mayor Hogue closed the public hearing at 7:14 p.m. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilwoman Arrington,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).A vote was taken and motion passed 6-0 with Councilman Dahl absent. 2. Consider,and act upon,authorizing the City Manager to sign a Development Agreement between the City of Wylie and Keles Group Inc. regarding the use of building materials for property generally located at the northeast corner of Park Boulevard and Country Club Road. (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant has requested to enter into a Development Agreement with the City of Wylie. The proposed Development Agreement,signed by the applicant, states that the developer will voluntarily abide by the building materials standards of the City of Wylie Zoning Ordinance. A separate zoning request for this proposed development,that addresses general development standards, is on this agenda for consideration.Approval of this authorization is not an approval of any requested zoning change. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve authorizing the City Manager to sign a Development Agreement between the City of Wylie and Keles Group Inc. regarding the use of building materials for property generally located at the northeast corner of Park Boulevard and Country Club Road. A vote was taken and motion passed 6-0 with Councilman Dahl absent. 3. Hold a Public Hearing, consider, and act upon, a change of zoning from Neighborhood Services District (NS) to Neighborhood Services District Special Use Permit (NS-SUP), to allow for a Convenience Store use on 0.95 acres,generally located on the northeast corner of Park Boulevard and Country Club Road.(ZC2020-11) (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone 1.056 acres located on the northeast corner of Country Club Road and Park Boulevard to Neighborhood Services (NS) with a Special Use Permit (SUP). The property is currently zoned Neighborhood Services. The reason for the requested rezoning to NS-SUP is to allow for the development of a convenience store with fueling stations on the corner of Country Club and McMillan. Haskins reported in February 2020 the property owner applied for a similar zoning change and City Council denied that zoning request with a vote of 6-1. Haskins stated the applicant has made modifications to that request and presented a new zoning case. The differences include: the initial request was to rezone the entire corner strip of 3.873 acres from Neighborhood Services to Community Retail. This request is for NS-SUP on the 1.0 acre 'hard corner' only, and the updated zoning exhibit eliminates the drive thru restaurant that was previously attached to the convenience store. In keeping with the previous request,the applicant is proposing the sale of beer and wine within the convenience store. The property sits within 300 feet of Dodd Elementary School and such sales are currently prohibited; however, the applicant is proposing a dedication of 450 square feet of land to Dodd Park, increasing the distance to the legally required distance of 300 feet from Dodd Elementary. Haskins reported five notifications were mailed; with one response received in opposition and none in favor of the request. At the Planning and Zoning Commission meeting after some discussion regarding the modification to the request from the previous request,the Commission voted 5-1 to recommend approval.The Minutes October 27,2020 Wylie City Council Page 4 dissenting Commissioner cited the general proximity to the park, daycare, schools, and churches as a reason for the vote. The letter received in opposition speaks about the adjacent property being a private school;however,by State Law it is a daycare not a private school.Another issue raised is that State law also allows for municipalities to regulate,by ordinance,a 300 feet distance from Daycare Uses;however,the City of Wylie does not have such an ordinance. Public Hearing Mayor Hogue opened the public hearing on Item 3 at 7:20 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Hogue closed the public hearing at 7:21 p.m. Applicant Comments Bill Thomas, representing Engineering Concepts & Designs, LP, addressed Council stating previously when they came forward they were asking for Commercial Retail (CR) zoning because that was required for the drive-thru proposed at that time, but that was the only reason for CR zoning. Thomas reported the owner is interested in developing office and medical office type uses to the northeast,and is less interested in developing a retail strip center.Thomas stated,in response to the opposition form from the daycare owner,that the daycare property was bought from the applicant.The daycare owner and this property owner entered into an agreement regarding the shared access drive and was informed about the plans for a future convenience store. Council Action A motion was made by Councilman Wallis, seconded by Councilman Duke,to deny a change of zoning from Neighborhood Services District (NS) to Neighborhood Services District Special Use Permit (NS-SUP), to allow for a convenience store with a motor fueling station on 1.056 acres, generally located on the northeast corner of Park Boulevard and Country Club Road(ZC2020-11).A vote was taken and motion passed 4-2 with Mayor Hogue and Mayor pro tern Forrester voting against, and Councilman Dahl absent. 4. Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural District (AG/30)to Townhouse District(TH),to allow for single-family attached residential development on 1.83 acres,generally located at the southwest corner of Brown Street and WA Allen Boulevard. (ZC2020-09) (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to withdraw the item from consideration. Haskins reported 23 notifications were mailed; with one response received in opposition and none in favor of the zoning request.At the Planning and Zoning Commission meeting after two citizens spoke regarding visibility and drainage, the Commissioners voted 6-0 to recommend acceptance of the withdrawal request. Public Hearing Mayor Hogue opened the public hearing on Item 4 at 7:29 p.m. asking anyone present wishing to address Council to come forward. No one came forward for the public hearing. Mayor Hogue closed the public hearing at 7:30 p.m. Minutes October 27,2020 Wylie City Council Page 5 Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter,to accept the withdrawal of Item 4.A vote was taken and motion passed 6-0 with Councilman Dahl absent. Mayor Hogue convened the Council into Executive Session at 7:31 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 for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073—Discussing prospective gift or donation to the City. §551.076—Discussing deployment of security personnel or devices or security audit. Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec.551.087.DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). • Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects 2018-9b,2019-3a,2020-7a, and 2020-9a. 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: State Highway 78 & Alanis; State Highway 78&Ballard; State Highway 78&Birmingham; State Highway 78&Brown;Regency & Steel. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue convened the Council into Open Session at 8:20 p.m. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to authorize Wylie EDC to enter into a Performance Agreement with Project 2019-3a in an amount not to exceed $33,000. A vote was taken and motion passed 6-0 with Councilman Dahl absent. Minutes October 27,2020 Wylie City Council Page 6 READING OF ORDINANCES City Secretary Storm read the captions to Ordinance No. 2020-54 into the official record. ADJOURNMENT A motion was made by Mayor Hogue, seconded by Councilman Porter,to adjourn the meeting at 8:22 p.m. A vote was taken and motion passed 6-0 with Councilman Dahl absent. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Minutes October 27,2020 Wylie City Council Page 7 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: November 9,2020 Exhibits: 1 Subject Consider, and act upon, a preliminary plat for Steel Road Light Industrial Addition,to create three commercial lots on 10.5 acres, generally located at the southwest corner of Steel Road and Hooper Road. Recommendation Motion to approve a preliminary plat for Steel Road Light Industrial Addition,to create three commercial lots on 10.5 acres, generally located at the southwest corner of Steel Road and Hooper Road. Discussion OWNER: Alejandro Luna& City of Wylie APPLICANT: Roome Land Surveying,INC The applicant is proposing to create three industrial lots for the creation of an industrial business park. The site is zoned within the Light Industrial district and the proposed development is consistent with the zoning. The proposed plat reorganizes five properties from the WM Sachse Survey into three lots: - Lot 1 is an existing business at 49 Steel Road; - Lot 2 is for a proposed industrial business park; - Lot 3 is reserved for future development. The plat includes 30' of ROW dedication for the existing Steel Road. In addition, the plat provides 24' wide fire lane and access easements, a proposed layout of the building placement for Lot 2, Block A, and cross access to the adjacent lot to the west. Access is not provided between Lot 2 and Lot 3 due to an existing creek that runs through the site. A site plan for the proposed development will be required to be submitted prior to any building permits being issued. 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 5-0 to recommend approval. Page 1 of 1 OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE STATE OF TEXAS § STATE OF TEXAS § COUNTY OF COLLIN § COUNTY OF COLLIN § THAT I, F.E. Bemenderfer, Jr., do hereby certify that I prepared this amending plat from an °t� NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS: actual survey on the land and that the corner monuments shown thereon were found °°�es,Q GAR e\ G and/or properly placed under my supervision in accordance with the applicable codes and Lot 3, Block A Lot 2, Block A Lot 1, Block A Lot 1, Block 7 \ \ Lot 2R, Block 1 Rubalcava Industrial Park Addition Rubalcava Industrial Park Addition Rubalcava Industrial Park Addition Helmberger Industrial Park Addition \ Amended Plat i _ \,�� gti'� That, Dwan S. Diaz, GOA Investments LLC - Series 53, and the City of Wylie are owners of ordinances of the City of Wylie. Vol. 0, Pg. 252, CCMR. Vol. 0, Pg. 252, CCMR. Vol. 0, Pg. 252, C.C.M.R. Vol. F, Pg. 716, CCMR. \ Helmberger Industrial Park v° et Q('te four tracts of land do hereby adopt this plat designated therein above described property as Zone: LI Zone: LI Zone: LI I Zone: PD \ Vol. 2007, Pg. 456, C.C.M.R. _ -I' °°Q,,' ti° a Preliminary Plat of Lots 1, 2 & 3, Block A, Steel Road Light Industrial, an addition to the I 30'dedicated ROW Zone. Ll , / �° RubaIndustrial Park Addition 30'Dedicated Street ROW City of Wylie, Texas, an does hereby dedicate, in fee simple, to the public use forever, the Vol.oL Q, Pg. 252, C.C.M.R. Vol. F, Pg.716, C.C.M.R. streets, rights-of-way, and other public improvements shown thereon. The streets and alleys, F.E. Bemenderfer, Jr. - - - - - - - - - - - - 1 - - - if any, are dedicated for street purposes. The easements and public use areas, are Registered Professional Land 1 60'Rood ROW Esm't dedicated, for thepublic use forever, for the purposes indicated on thisplat. No buildings, Surveyor No. 4051 _ ult.. /1 Vol 1849, Pg. 46: C.C.L.R. T.B.Y. /2 K. Nail set MagNail T oad P P 9 Y Rim of SanitarySewer - - Steel Rim of Sondory Sewer i P.K. Nail fnd. N89°5624 E 210.59'Manhole(EL.= 29.969 P.K. Nail fnd. Road_ _ P.K. Nail fnd. Manhole(EL-526..719 N89°56'24{'€, 518.90' ..- (Fnd• 1 steel R W°y, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, (centerline) (centerline)_ 272.35' 246.55' �\�� sre R;gnt,0f, over or across the easements as shown, except that landscape improvements may be 0 30'R.O.W. Dedication o --- 0 30'R.O.W. Dedication 526' o se'/�aW-Ded. n o ( placed in landscape easements, if approved bythe CityCouncil of the Cityof Wylie. In ACKNOWLEDGEMENT 18 Sq.Ft. -- --- o 0 8,171 Sq.Ft. o y o P P P Y - --_ �_ �r17397 _ I addition, utilityeasements mayalso be used for mutual use and accommodation of all STATE OF TEXAS § -- --- --- POINT OF (bk )� r o (bythisc_ f22.5_4' i (by this plot) his pn "' cit wlie plot)N89'56 272. _ { '\M 528.0-- BEGINNING - - - - - - (called 0.224 acres) L �� y� - � public utilities desiring to use or using the same unless the easement limits the use to COUNTY OF COLLIN § �1 2"IRF CM N89°56'24'E 210.59' 1/12 IRF y y 3� �i� ; fC R$ N$9 b6 2E 246.55� , I / ( ) 1/2 IRF 30'Rood& Utility Esm't I I R�r�sI , particular utilities, said use by public utilities being subordinate to the public's and City of Vol. 1916, Pg. 967,, I Vol 2007, Pg. 31 CCL.R. ' r II I I , j i I \ ` C.C.L.R. _/ T 1 Wylie's use thereof. BEFORE ME, the undersigned authority, on this day personally appeared F. E. Bemenderfer, 25'Bldg. Line I Arfber Holding LLC 87' nn' N / .i 25 Bldg. Line II! Y i25 B/dg. e Jr., known to me to be the person whose name is subscribed to the foregoing instrument, (called 2222 acres) 3,000 SF�FFICE SPACE - - - / I \ � ' '\ I ; The City of Wylie and public utilities entities shall have the right to remove and keep who acknowledged to me that the same was executed for the purposes and consideration CC/20180524000633080, C.C.L.R. PKG 0 1:400 = 8 i I� Ll ri,.� -N \ I T ( I Zone: LI h 56�- I� I__-----' 'I 4 I� ITIi 1 I I removed all or parts of any building, fences, trees, shrubs or other improvements or therein expressed. 34' i / t T L3 - J� w I P otµ growths which may in any way endanger or interfere with the construction, maintenance, or o`? �` I II 0��ce55eGC' efficiency of their respective systems in said easements. The City of Wylie and public utility / �� / " II .\ �5`e0/ entities shall at all times have the full right of ingress and egress to or from their GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2020. j � �'r 1 I I I °`e<OeA�e respective easements for the purpose of constucting, reconstructing, inspecting, patrolling, c� �6 i 75' I 524--` oQ ° one story op r L13 �� I I I °°.�' ti maintaining, reading meters, and adding to or removing all or parts of their respective a; metal bldg. N i I I I For Review Purposes Only vA o, N _ u1 'T' s000 SF I I I I I systems without the necessity at any time procuring permission from anyone. ° I 10'Utili Esm't N I , O OFC/WHSE SPACE ; I ' Lr Notary Public in and for �E�F TF N - I , to City of Wylie 1 / p.•.•• co W 't - - __--_- g PKG 03 1:750 = 8 Volo N I 1 3255, Pg. 71, C.C.L.R�-I f \ WITNESS, myhand, this the day of 2020. The State of Texas /'� o\sreR 6 \ N N / Water Line M _\h cl I i // Ti /' I;/ Y �? Fes•.. One story N i TMW.O• 748' M . 75' X )/ • • \1 Y ' •' Pg. o / tip' metal bldg. i m °� �i fill °I. 668. ° I i /a / i i -0BEMENDERFER oF.E.FEJR. _ - o , m / Lot 3, Block A . , , v Final Plat I` , i/ a CO I / /, -a-`2-')- Z 75' j I �/ `-, NET ACRES . o II - Dwan S. Diaz City of Wylie (Title) ) •°•-0 4051 �Q: BARBER / m n�� a o F O•:'- , o It `N^/ r 97,588 Sq. Ft. m i \ C•°'••. f S S\••. O� Volume P, Page 610, C.C.M.R. I / o m b 1 2.240 Acres o 0 ,.�N�___ SURVEy , Zone: Ll / �' i ❑3 i 75' o�p '� c�� GROSS ACRES •N `� By: GOA Investments LLC -Series 53 c Z 1 104,984 Sq. Ft. *N ,' i 12,000 SF I� Pt. of?al�ed 9.6129 acres I .I o , i ,Q) 10'Utility Esm'ty -.Io, OFC/WHSE SPACE - L 6000 SF i ` L') p p Owner: CO a ,7... rn 0 WHSE SPACE f y� T (by this plot) m O. PKG 0-3P50.- 16 Q- PKG® °D CC/20180625000779270, C.C.L.R. c0 Title: oFCSPACE ®- 1.;750 = 8 0 O i o co ,' I Zone: LI 1 W n i h� 1:400 = 30 y o I - ACKNOWLEDGEMENT RECOMMENDED FOR APPROVAL CO •. / --' -- m ° :6 y k 75' '-I-' d ,,„I STATE OF TEXAS § N89 5624E 322.92 tlinililM Y " ', I P t I RCIRF RCIRF Lot 2 Block A 'I - Q cis eG R 0°e5 G� COUNTY OF COLLIN § Chairman, Planning & Zoning Commission Date i �o- , 10'Bldg. Line , \I„ \ 5 S i 5L NET ACRES \ ,,t e �J5 5�'\ 'L -- I 139,304 Sq. Ft. 2' �^ ° BEFORE ME, the undersigned authority, on this daypersonallyappeared Dwan S. .Diaz, i I Y r , r <, m , ,,,, i - y2 \ t ( et eA oe 9 PP t i 75' 3.198 Acres „ EsR. - / 1 ', �% l " I 1 a ��o.�' ti° known to me to be the person whose name is subscribed to the foregoing instrument, who voter LI1ec LR 11 / i a GROSS ACRES „,1 , Wp. 748 - -S / , \__,- I. , / i' ' 147,474 Sq. Ft... \ 0 acknowledged to me that the same was executed for the purposes and consideration therein APPROVAL FOR CONSTRUCTION H 1.M,-8 Pg- /i J 3.386 Acres ,\`\\ , 60 vol. 66 ' _- r / (calle�'2.730 acres) / �� CCU/20200224000253240, C.C.L.R I / I I h expressed. Ccl 2078Q625000779250, CC.L.R. } - L9 - - - �- - - Zone. Ll _ I ,:\\ _---_ I /V i Zone: LI 20'Utility Esm T_ -- --- __":"---__--.,4 Q I IC _ -- ', I GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Mayor, City of Wylie, Texas Date CO one story - - - L� - - L16(by this plot)- �1 _ \s?o_ r I`� I 2020. ' Y Y Y Y -- co ,\ (Pt. of called 9.6129 acres) - - } - - - T - 5 �`�_, metal bldg. c _RC4R�s a4q _ ' i CC/20 1806250 0 0 7�9270, CCLR �� 16 ?D Es t 1.c • 5/8•OF �h, m g �--, - - EsD ' II 71 NOS 1215 bears -P/or __ _ I I ACCEPTED N N 80' ,\ 5/8"IRF 0.30' 52o\ - I N I S2 45' 4175°/6, �, - - Notary Public in and for o =- 8000 SF S70°06'46"W �4,w 24>3p, �� The State of Texas 0 -I'---- 56.16 1 I I Mayor, City of Wylie, Texas Date z Lot 1, Block A M OFFICE SPACE 5625 SF I - w> PKG ® 1:400 = 20 `OFFICE SPACE DO / 1 ° ego NET ACRES m o0 o s PKG 0 J °�teG �� ACKNOWLEDGEMENT o ❑ 1:400 = 15 o RCIRS cn G .c 198,605 Sq. Ft. o z 8000 SF �` n ° e e a° °1 4.559 Acres - - 5/8"IRF bears 3 N ,\, 11 9 N05'59'16"W 0.82' °, 1 �6 e INDUSTRIAL SPACE u. © cn Evelyn McCurleyN 1f 1. o _,GROSS-%ACRES PKG 0 1:750 = 11 I, \ = 6 A 5 STATE OF TEXAS § m _ ---- 204,922 8q. Ft. ti� �,`I rn ss25 sF �ca/led 0.964 oeres� °4e°°eG e°yea The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the O 4.704 Acres NDUSTRIAL`SPACE N VaL 447q Pg. 7697 c.CL.R < k�1 'ti COUNTY OF COLLIN § foregoing final plat of Lots 1 & 2, Block A, Steel Road Light Industrial, subdivision or ` / ,r PKG ©\ N Zoned AG/30 \. < 80' 1:750 = 8 N D I addition to the City of Wylie was submitted to the City Council on the ____ day of r, n D o BEFORE ME, the undersigned authority, on this day personally appeared 20__ by then and there I" known to me to be the erson whose name is subscribed to the fore oin instrument whop _, and the Council, formal action, 25'Bldg. Line R IRS s I P g g accepted the dedication of streets, alley, parks, easement, public places, and water and -3/C8" IRF Bears26, --. - 1_ _ _- -� I_ _ _��25=Bldg. Line_ _ 45' RCIRF acknowledged to me that the same was executed for the purposes and consideration therein sewer lines as shown and set forth in and upon said plat and said Council further (CM) so002'26"E 0.33' 5/8"IRF ARCIRF (5/8" IRF bears 1 expressed. authorized the Mayor to note the acceptance thereof by signing hi name as hereinabove ,_ - - - j_ - - - - - J sss'S2'tt"wo.4t' subscribed. 5/8" IRF 210.59' 167.55 155.4fi 228.43' I L5 I/ - DIE . DIGIVEN UNDER MY HAND AND SEAL OF OFFICE, this the , day of , N89°40'31"W $7 14-`----' GD S89°52.11"W-383.89' 10'Utility Esmr 2020. N (by this plot) I Witness my hand this day of , A.D., 2020. / out bldg. ' Lot 14, Block B Lot 15, Block B ' ' ' ' ' / Lot 1, Block 1 City Secretary Regency Business Park, Phase Three Regency Business Park, Phase Three New Heights Baptist Notary Public in and for Vol. 2009, Pg. 3 CCMR Vol. 2009, Pg. 3 CCMR New Heights Baptist Church Church Addition City of Wylie, Texas Zone: LI Zone: LI (called 2.28 acres, Remainder 28.37 Ac.Tr) Volume 2008, Page 163, CCMR The State of Texas Volume 5724, Page 2836, CCLR Zone: LI I Zone: LI ACKNOWLEDGEMENT N Line Data Table Curve Data Table ("-- -"-- STATE OF TEXAS § LINE BEARING DISTANCE CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH Legend COUNTY OF COLLIN § L1 S89°59'18"E 57.58' C1 58.90' 30.00' 112°29'27" S33°44'35"E 49.89' RCIRS Roome Capped Iron Rod to be Set BEFORE ME, the undersigned authority, y personally pp L2 S00°00 42 W 24.00 C2 47.16 30.00 90°04 18 S44°58 33 W 42.45 g y, on Is a ersona appeared _____ ____, RCIRF Roome Capped Iron Rod Found known to me to be theperson whose name is subscribed to the foregoing instrument, who L3 N89°59 18 W 57.48 C3 47.16 30.00 90°04 13 N45°05 43 W 42.45 g 9 ,' „ „ „ CCMR Collin County Map Records acknowledged to me that the same was executed for the purposes and consideration therein L4 S00°03 36 E 440.61' C4 47.09' 30.00 89°55 47 N44°54 17 E 42.40' g P P CCLR Collin County Land Records ' 711 L5 S89°52'11"W 24.00' C5 47.16' 30.00' 90°04'13" N45°05'43"W 42.45' expressed. 1 \ IRF Iron Rod Found L6 N00°03 36 W 148.50 C6 26.56 30.00' 50°43 00 N64°42 58 E 25.70' L7 S89°52'11"W 93.44' C7 11.69' 30.00' 22°20'06" N11°13'39"W 11.62' GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of L8 N00°03'36"W 24.00' 2020. L9 N89°52'11"E 93.52' L10 NOO'03'36"W 155.01' L11 S89°52'11"W 93.44' STATE OF TEXAS § OWNER'S DEDICATION AND ACKNOWLEDGEMENT Notary Public in and for 0' 60' 120' L12 NOO'03'36"W 24.00' COUNTY OF COLLIN § The State of Texas m m L13 N89°52'11"E 100.20' L14 NOO'O1'57"W 72.27' Scale: 1"-fill' L15 N75°16'14"W 11.65' WHEREAS Dwan S. Diaz, GOA Investments LLC - Series 53, and the City of Wylie are owners of four THENCE with the centerline of Steel Road, the north line of said 0.224 acre tract, a north line „ parcels of land situated in the State of Texas, County of Collin and City of Wylie, being part of the of said 9.6129 acre tract, said premises, and the south line said 30' dedicated right-of-way, North L16 S89°52 11 W 103.13 William Sachse Survey, Abstract No. 835, being all of called 2.730 acre tract as recorded under County 89°56'24" East, 518.90 feet to a Mag Nail set marking the northeast corner of said premises, the Notice: Selling a portion of this addition by Clerk No. 20180625000779250, part of a called 9.6129 acre tract recorded under County Clerk No. northeast corner of said 9.6129 acre tract, and being in the west right-of-way line of Hooper Road metes and bounds is a violation of city 20180625000779270 of the Collin County Land Records, all of 3.003 acre tract (GOA Investments LLC - (64.5' right-of-way); ordinance and state law and is subject to fines Series) as recorded under County Clerk No. 20200224000253250 of the Collin County Land Records. all of THENCE with the east line of said premises, the east line of said 9.6129 acre tract, and the and withholding of utilities and building permits. '\ a City of Wylie 0.224 acre tract as recorded in Volume 2001, Page 31 of the Collin County Map Records, west right-of-way of Hooper Road, South 00°00'42" West, passing at 30.00 feet a Roome capped I with said premises being more particularly described as follows: iron rod found for reference and continuing for a total distance of 458.13 feet to a Roome capped LOCATIONMAP BEGINNING at a P.K. nail found in the center line of Steel Road (60' road right-of-way easement iron rod found for corner and marking the southeast corner of said premises, the northeast corner as recorded in Volume 1849, Page 48 of the Collin County Land Records), marking the northwest corner of a called 0.964 acre tract as recorded in Volume 4470, Page 1697 of the Collin County Land of said 2.730 acre tract, said premises, the northeast corner of Barber Addition as recorded in Volume P, Records, from which a 5/8" iron rod found for reference bears North 05°59'16" West, 0.82 feet; N•T� W Brown St Page 610 of the Collin County Map Records, and being in the south line of a 30' dedicated road THENCE departing said roadway, along a southerly line of said premises, said 9.6129 acre Preliminary Plat a right-of-way as recorded in Volume Q, Page 252 of the Collin County Map Records; tract, and the northerly line of said 0.964 acre tract as follows: North 75°16'14" West, 241.30 feet THENCE with the centerline of Steel Road, the north line of said 2.730 acre tract, said premises, to a 5/8" iron rod found for corner; South 70°06°46"West, 56.16 feet to a 5/8" iron rod found for NOTES: (1) CM is controlling monument; (2) No part of subject property lies Lots 1, 2 & 3 Bloek A PROJECT (�� the south line of Lots 3, 2 and 1, Block A of said Rubalcava Industrial Park Addition, and the south line corner; South 01°22'28" West, 150.48 feet to a Roome capped iron rod found for corner and within a Special Flood Hazard Area inundated by 100-year flood per Flood of said 30' dedicated road right-of-way, North 89°56'24" East, 210.59 feet to a P.K. nail found marking marking the southerly most southeast corner of said premises, said 9.6129 acre tract, the Insurance Rate Map Number 48085C0415 J of F.E.M.A. Flood Insurance Rate LOCATION C'� the northeast corner of said 2.730 acre tract, said premises, the northwest corner of a called 2.222 acre southwest corner of said 0.964 acre tract, from which 5/8" iron rod found for reference bears Maps for Collin County, Texas and Incorporated Areas dated June 2, 2009 Steel Road Light Industrial o� tract as recorded under County Clerk No. 20180524000633080 of the Collin County Land Records, the South 89`52'11" West, 0.41 feet, same corner being in the north line of Lot 1, Block 1 of New (Zone X); (3) Source bearing per Barber Addition as recorded in Volume P, 10.500 Gross Acres FM 544 V westerly most northwest corner of said 9.6129 acre tract, and marking a northeast corner of said Heights Baptist Church Addition as recorded in Volume 2008, Page 163 of the Collin County Map Page 610 of the Collin County Map Records; (4) This plat has been premises; Records; performed without the benefit of a title commitment. Subject property is 3 Commercial Lots CZ GU J / THENCE departing said roadway, along the east line of said 2.730 acre tract, the westerly most THENCE with the southerly most south line of said premises, said 9.6129 acre tract, the north affected by any or all easements of record. Surveyor did not abstract or p west line of said 9.6129 acre tract, an east line of said premises, and the west line of said 2.222 acre line of said New Heights Baptist Church Addition and a New Heights Baptist Church called 2.28 acre research records for easements. (5) Elevations based on the City of Wylie William Sachse Survey, Abstract No. 835 'cis Steel Rd cc"i tract, South 000226 East, passing at 30.00 feet a iron rod found for reference, and continuing for a as recorded in Volume 5724, Page 2836 of the Collin County Land Records, South 89°5211 West, controlling monuments, CM 2 Elevation = 550.238 & CM 5 Elevation = fir. %, .� total distance of 299.82 feet to a Roome capped iron rod found marking the southwest corner of said 383.89 feet to a 5/8" iron rod found for corner; 454.277, NAVD 88 datum. City Of Wylie, Collin County, Texas c' ��/ //////// a 2.222 acre tract, and an interior ell corner of said premises; THENCE continuing with the south line of said premises, 9.6129 acre tract, the north line of Capita/Rd4 THENCE with the south line of said 2.222 acre tract, and a north line of said premises, North said 2.28 acre tract, the north line of Lots 15 and 14, Block B of Regency Business Park PhaseSeptember2020 N , ,,, ,- 89°56'24" East, 322.92 feet to a Roome capped iron rod found marking the southeast corner of said Three, and the south line of the aforementioned 2.730 acre tract, North 89°40'31" West, 378.14 feet Exchange St 2.222 acre tract, and an interior ell corner of said premises; to a 5/8" iron rod found marking the southwest corner of the aforementioned 2.730 acre tract andRevised: 10.9.2020 P:\AC\2020Q3\AC868521.dwg THENCE with the east line of said 2.222 acre tract and a west line of said premises, North the southeast corner of said Barber Addition; - r I _ 0O'03'36" West, passingat 187.36 feet to apoint markingthe southwest corner of a Cityof Wylie called THENCE with the west line of said 2.730 acre tract, and the east line of said Barber Addition, Owner: Lot 2: Owner: Lots 1 & 3: Engineeri - Surveyor: �I YGOA Investment LLC-Series 53 Dwan S. Diaz Engineering Concepts Roome Land Surveying Roome 0.224 acre tract as recorded under Volume 2001, Page 31 of the Collin County Land Records, passing at North 00°02'26" West, (Basis of Bearing) passing at 533.95 feet a 1,�" iron rod found on line for 310 Silvery Pine Avenue 738 Barton Springs Dr. 201 Windco Cir Ste B P.O. Box 941647 , , 269.83 feet a 1/2" iron rod found for reference, and continuing for a total distance of 296.83 feet to a reference, and continuing for a total distance of 563.95 feet to the place of beginning and Wylie, Texas 75098 Fairview, Texas 75069-1985 Wylie, TX, 75098-5207 Plano, Tx 750941. Land Surveying g P.K. nail found in the centerline of the aforementioned Steel Road marking the northeast corner of said containing 457,381 gross square feet or 10.500 gross acres of land, of which 21,886 square feet or PH: PH: (972) 941-8400 (972) 423-4372 2000 Avenue G,Suite 810 2.222 acre tract, the northwest corner of said 0.224 acre tract, and being in the south line of the 0.502 acres is dedicated for right-of-way, leaving 435,497 net square feet or 9.997 net acres of Email: Email: Email: fredb(�roomeinc.com Plano, Texas 75074 ��� aforementioned 30' dedicated right-of-way; land. I I I Attn: Fred Bemenderfer Phone(972)423-4372/Fax(972)423-7523 www.roomesurveying.com/Firm No. 10013100 .1 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Jasen Haskins Account Code: Date Prepared: November 9,2020 Exhibits: 4 Subject Consider, and act upon, Ordinance No. 2020-58 for a change of zoning from Agricultural District(AG/30) to Agricultural District - Special Use Permit (AG/30-SUP), to allow for development conditions of a 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 adopt Ordinance No. 2020-58 for a change of zoning from Agricultural District(AG/30)to Agricultural District - Special Use Permit (AG/30-SUP), to allow for development conditions of a Water Treatment Plant on 50.322 acres, generally located on the northwest corner of Pleasant Valley Road and Elm Grove Road. (ZC2020-12). Discussion Approval of Zoning Case 2020-12 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject Ordinance allows for the rezoning of 50.322 acres of property located on the northwest corner of Pleasant Valley Road and Elm Grove Road from Agricultural District(AG/30)to Agricultural District- Special Use Permit(AG/30-SUP). Exhibit A(Legal Description),Exhibit B (SUP Conditions), and Exhibit C (Zoning Exhibits)are included and made a part of this Ordinance. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Page 1 of 1 ORDINANCE NO. 2020-58 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2020-12, FROM AGRICULTURAL DISTRICT (AG/30) TO AGRICULTURAL DISTRICT 30 - SPECIAL USE PERMIT (AG/30-SUP), TO ALLOW FOR CONTINUED USE AND DEVELOPMENT CONDITIONS OF A WASTE WATER TREATMENT PLANT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Agricultural District 30- Special Use Permit (AG/30-SUP), said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That Special Use Permit Conditions and a Zoning Exhibit are an integral component of the development of the property and are attached as Exhibits B and C,respectively. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part Ordinance No.2020-58—Zoning Case No.2020-12 Page 1 of 2 so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED, by the City Council of the City of Wylie, Texas, this 17th day of November, 2020. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION:November 25,2020,in the Wylie News Ordinance No.2020-58—Zoning Case No. 2020-12 Page 2 of 2 Exhibit A 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 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 Ordinances, current or as amended, except as specifically provided herein. 2. In recognition of this site being a wastewater treatment facility for the City of Wylie and other customers, it shall comply with any and all requirements set forth by the Texas Department of Environmental Quality. These shall be senior to any other requirements of the City of Wylie. 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 generally 150-foot wide physical and visual barrier shall be set in place as outlined in the Zoning Exhibits, Exhibit A `cross section' and Exhibit B 'site exhibit'. This barrier shall consist of: Page 1 of 4 a. A 10-foot clearing/easement for the installation and maintenance of a fence as required by the Texas Commission on Environmental Quality (TCEQ). b. A 50-foot wide `natural area' that will preserve the existing trees to the fullest extent possible. c. A minimum 75-foot wide berm being a minimum of eight foot high with an approximate 4:1 slope. d. A minimum 10-foot wide clearing at the inside base of the berm. 2. A Tree Management Plan shall be required per Section 7.6.C.2 of the 2019 City of Wylie Zoning Ordinance, however identification and mitigation shall apply only to trees of 12" caliper or greater not located in the 150-foot buffer identified in Section 111.1 of this SUP. 3. In recognition of this site being a wastewater treatment facility for the City of Wylie and other customers, all regulations of the underlying Agricultural District (AG/30) are replaced by the Heavy Industrial District (HI) as set forth in Article 4, Section 4.2.B of the 2019 City of Wylie Zoning Ordinance and included herein. 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 150-foot wide landscape/berm buffer Development along property line per Section III.1. Adjacent to Park and Flood Plain No requirement. Service and Loading Areas Not visible from public street or adjacent single-family residential uses. 4. The Non-Residential Design Standards defined in Section 4.3 of the 2019 City of Wylie Zoning Ordinance and as may be amended, shall not apply to existing and future projects within the site except as follows: Page 2 of 4 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 per existing conditions. 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 Page 3 of 4 line. Where not encumbered by utility infrastructure, existing tree masses or new planting are allowable screening options. 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 PROPOSED M DDY CREEK RWWTP SCREENING w Z ----12' .- >- r w 0_ �4 1 rY 8' w 0 z W �14'___ 76' BERM SCREEN 50' TREE SCREEN (PRESERVE EXIST TREES) 10' MAINT. AREA- --11■-- 150' BL LJER ZONE // // SPARROW I CRY C-o EKSIDE / / WYLIE DPV Ay / / D 1 TRACT 4, GUADALUPE DE LOS SANTOS ABSTRACT SITE / �' hti // / o INST. #201300334381 DRDCT LOCATION `S �, / / � ZONING: PD "s �`` � � � / / 994.96' N44°53'00"E �`" / G J �°�t"E"' F / / m —I �L t �P� C°tt°nw°••• _ _ �/ / / D `°� �y*, `,\1 "gyp / /— // - 25' B.L. rn o 25' B.L. e it, oti 4 / / / / �� rOno r CRY — — /� / :(7 \ Sf t # /.�r / / OO / / m \ HERITAGE a 4 �I 0 z N J o � •/ ��\ FUTURE LANDSCAPE BERM - - - 0 %. e V z • /� Off/ Q� \ N // / '� / �<v 1150 BUFFER ZONE Q�F" Q �*. UBERTY / II GROVE / / � �/ hoo � / z VICINITY MAP L 12'-0" //// / / ///;/ 50'-0" TREE SCREEN �/ / 76'-0° �A10N1T. AREA / B RM SCREEN /// // / WYLIE DPV Lr / / TRACT 6, GUADALUPE DE LOS of / / I SANTOS ABSTRACT 2 /// // / INST. #201300334379 DRDCT '(t� ZONE AE / // / I ZONING: PD// / / / / Z I g 0 80' 160' EXISTING WOODED AREA w J/ / m 0° SCALE IN FEET DALS COUNTY / z w in H: 1" = so' TRACT 13.1, GUADALUPE DE LOS SANTOS ABSTRACT . / /I // _� / o 0- N VOL. 97014, PG 2128 DRDTC �' / / tip/ L. C w o ZONING: AG/30 ri° // /� i // ���� ID QLEGEND / J / °Dw//� I CO b TREE LINE / — // / NORTH TEXAS MUNICIPAL WATER DISTRICT D I MANHOLE / / TRACT 13, GUADALUPE DE LOS SANTOS ABSTRACT L` / /1 / / / VOL. 97136, PG. 3071 DRDCT FLOODPLAIN // / /v // / ZONING: AG/30 I // / e // / 50.322 ACRES PROJECT SCHEDULE / / / / N i/ / 2002 — 2004 PLANT CONSTRUCTION. 5 MGD / �i - - / 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 BUILDING D O OR ��� �„ �� 1,113 SQ.FT. CO'./TROL \ \ \\ — ZONE X / \ BLOWER ELEC BIOTRICKLING \ \ \ \ SPECIAL USE PERMIT (MUDDY CREEK WWTP) _ / In BUILDING FILTER BUILDING I I HEIGHT — / 1,954 SQ.FT. 936 SQ.FT. \ — — / \\ J/ N HEIGHT OF STRUCTURES (FEET) 50', 100' COMMUNICATION TOWERS TXU TRANSF RM ❑ / \ / CONCRETE DRIVEWAY CONCRETE DRIVEWAY NUMBER OF STORIES 4 TXU ANFjiOLE 1 I —UE — — — UE — �— UE \ RESIDENTIAL PROXIMITY 3:1 SLOPE FROM RESIDENTIAL LOT 1 \ RAS/WAS ' !�',' WAS HOLDI G BUILDING NO.1 AUX. PRIMARY BUILDING PLACEMENT AND COVERAGE �l \ \ / / , TANK 1,512 SQ.FT. \ GEN. \ CLARIFIER 1 25' / AUX. I w / ® \ \\\\\ / � FRONT YARD SETBACK (FEET) 50 \ GEN. / I / 1 STOH ADGE 1111 TXU TRANSFORMERSIDE YARD SETBACK (FEET) 25 ,/ SECONDARY 8 / \ 2,045 SQ.FT. CLARIFIE" 1 Br. i�i EJ h REAR YARD SETBACK (FEET) 25 ilk �1; SECONDARY w LOT COVERAGE NO LIMIT ZONE AE l AF,4 1,\\\\\\ _ . CLARIFIER 1A C/ PRIMA IY SLUDGE BUFFERING AND SCREENING / 1 ��4/ �� SLUDGE PROCESSING HOLDIN TANK .� 1111111111111SCREENS BAR I i / N ADJACENT TO PD SINGLE FAMILY LANDSCAPE BERM 8 FEET HIGH WITH BUILDING11 � DEVELOPMENT EVERGREEN SCREENING ON OUTSIDE 10,000 SQ.FT. �� ��■ FACE AND TOP; 50 FOOT TREED NATURAL , / }- ° 2,940 SQ.FT. AREA ALONG NEW BERM ADDITIONS °�) / \ FILTERS ADJACENT TO PARK AND FLOOD PLAIN NO REQUIREMENT 0 / ^� / / / Fr �� n I C MBER (6 o / �— - 11 PRIM/ RY in SERVICE AND LOADING AREAS NOT VISIBLE FROM PUBLIC STREET OR / � / � c Q SPLITTER ADJACENT SINGLE—FAMILY RESIDENTIAL ct / h� / / UV SECONDARY BOX USES �Q ( �. /� / / n ` > CLARIFIER 2 N / w DISINFECTION PRIMARY o II �`n / // _� / 1855 SQ.FT. n o AERATION BASINS CLARIFIER 2 I ZONING EXI-IIBIT } , u / U / �,/ �� _ z RAs/wAs w _i I October 21, 2020 / ��/ J 0 NO.2 m u U fY] / 2,045 SQ.FT. w / o / � PROPOSED SPECIAL USE PERMIT / ��/ / / 0 N �� U) FOR / � / / 25' z / PROPOSED —h _ Q / (O�/ / 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 / I I I I I I I I I I I 161 I I I 150' BUFFER ZONE OPERATIONS FACILITY in I� CONCRETE DRIVEWAY CITY OF WYLIE, COLLIN COUNTY, TEXAS �' I I r I I 50.3 ACRES `V / LANDSCAPE BERM —UE LANDSCAPE BERM U) I w P ABLE N Ii 50' B.L. 50 B� ER SER ' E I OWNER ENGINEER 4 ` 0' B.L. ,> 00 2„ e A E W W.L. NORTH TEXAS MUNICIPAL IhZOLRRS / I I WATER SERVICE HUI / \ _ _ _ _ _ _ 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 D� c o\ \ Contact: David Scott, Program Manager Contact: John AnthonySosebee, P.E. ----- 7— _ - - _ _ _ _ _ _ _ _ _ — — _ — — — _ _ I _ 7-17—r—_ ! dscott@ntmwd.com tsosebee@huitt-zollars.com - —T� 0 0 O (J } } + ° U ��U /�� Ali i� n '; it n� n it a // a ii /i u I October, 2020 IA! fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: D Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: 1. Resolution Date Prepared: October 26, 2020 Exhibits: 2. Deed Subject Consider, and act upon, Resolution No. 2020-59(R) of the City Council of the City of Wylie, Texas, authorizing the re- sale of bid-off tax property in accordance with the Texas Property Tax Code; authorizing the City Manager of the City of Wylie, Texas, or his designee, to take any and all other actions necessary to effectuate the same; and providing for an effective date hereof. Recommendation Motion to approve Resolution No. 2020-59(R) of the City Council of the City of Wylie, Texas, authorizing the re-sale of bid-off tax property in accordance with the Texas Property Tax Code; authorizing the City Manager of the City of Wylie, Texas, or his designee, to take any and all other actions necessary to effectuate the same; and providing for an effective date hereof Discussion The Parks and Recreation Department is seeking the acceptance of approximately 2.5 acres of property in the area north of Reta Allen Park for future parkland. The property is currently owned by Collin County and Collin College. This property was given to both Collin County and Collin College due to the property owner not paying the property taxes. Both entities have approved the giving of the property to the City for use as parkland. The current Parks Division budget maintains the park area just south of the proposed piece of property and its impact to the budget can be absorbed without amending the current budget. The City Attorney has reviewed the attached resolution and property deed. Below are the property locations: Page 1 of 1 Page 2 of 3 7 2 — — ——— —.--" "- -�—r_ . C.16 604 1• g� .fi 605'' Property ID: 1832832 1 6-174 103 J ; Legal: POINTE NORTH ADDITION .Pi' PHASE II (CWY), RLK Br LOT 9 r 6G= Owner: COLLIN COUNTY & • f '+ Situs: 601 GRAHAM CT WYLIE, TX 75098 6 ,---"''' -- ) , ❑ O4111 to Property Details- - - 7 - OF BIRF�11 GHA I#2 1 - 503 L ANN 424i 1 11 I IF . I ." _ Q 601 545 17j i 313 I H{I,F A1459 a • - _. _.. 70'• .D 0 I. - J W _ V ri X - Property ID: 1332887 Legal: POINTE NORTH ADDITION - PHASE II(CWY),BLK B,LOT 14 616 •:,1,,SOP 600 Owner: COLLIN COUNTY& Go., " 0696 5ltus: 600 GRAHAM CT WYLIE,TX _61! -- r'. 7509E 603 / - / 2�.. _ ._.N 61.// // ' 520 _ Zoom to Property Details i �� 5l-I 512 G - IL // 513 r s11 J. a• T' • /,// — — Z 309 t{{t a / 509 S08 , 505 =. ID .......;? �' 506�' 309 1 50-1 IRM HAI�#2 — sot 1 TI 503 502 310 I 306 500 I ANN 4„ I— "lI I 1—II— I _ I. I I I The reason for acquiring this property is to connect the Reta Allen Park trail east toward Parker Road. This trail connection could be a potential future candidate for a Collin County Parks and Open Space grant. Below shows the trail connection that was identified in the Trails Master Plan: Page 3 of 3 1 M.., -1 ____...(04 DavE EU IL.--° .....-....-.J. • i itermediate Sollopl . 11'.E......111-- . • i'rAil- PARK• - • ' „10. -I:--------- water 41 .40. • - -1 !-.. District iiti Property • LAI • . --) kr.,, . .:...... . •. . - di le • 4 rit. • • • r•-•-•-• 111 k_. 'i , - ' " • 1.4iiit -:i,' . i:H...0,•.. .! .. ' ii .w..";''. "..- -•.:L'..... .;'...;••...'.'''' . . __, • # • . - '110 ' .•./ ..........;_-.;:•;--- 4 4 .--z------ ....- • 2 ,.., c.,•-5r - • .././ .0'1.11'., ..:".:'..,..r . 1.- • ...LI l'",4:7-!...1' ..:•,' )(....I.I ?I-.i? . il I • v. I I • •.,,,''4, ..„--, IP • BinrnitIglila rrl • Elementary • . • BROWN .. - • - E _ , • .41 --- • •-•- a.let . ..d. . ..: • - . a '.,.'.).•.:1.1.,1•J,11 r f in ...-:P. : . ' i 1 ,_-...E.I.Jr=•_;-, , 3.[ : _f__ '' 0 ' ••' —1 '..1- _. •..- lit , .. j I. ..:ii.467- i.... -,i - ------• • ..• . , -al.-. -%... . .. • ,.. •,,L:...b...E r _.,L, _ 41r41.,.‘„;. ,- •,. . ;!"..;,14,.. I 4'.'-‘ • - a RESOLUTION NO. 2020-59(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE RE-SALE OF BID-OFF TAX PROPERTY IN ACCORDANCE WITH THE TEXAS PROPERTY TAX CODE; AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS,OR HIS DESIGNEE,TO TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the property identified in Exhibit A (the "Property") is a parcel of real property which has previously been bid-off to taxing units pursuant to judgments and orders issued by the District Courts of Collin County; and WHEREAS, the City of Wylie, Texas (the "City") desires to purchase the Property for $0.00, which is less than the minimum amount required by Texas Property Tax Code Section 34.05; and WHEREAS, Texas Property Tax Code Section 34.05(i)provides that the Property may be sold by private sale for an amount less than the required minimum price with the consent of all of the taxing units participating in the tax sale,being the City,the Wylie Independent School District, Collin County and the Collin County Community College District; and WHEREAS,the Wylie Independent School District, Collin County, and the Collin County Community College District have consented to the sale of the Property to the City for $0.00 (the "Sale"); NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein. SECTION 2. The City Council of the City of Wylie hereby consents to the Sale. SECTION 3. The City shall accept title to the Property upon final execution of the deed to the Property. The City Manager, or his designee, is hereby authorized to execute, on behalf of the City all documents necessary to effectuate the transfer of title to the Property to the City and to take all other actions necessary to effectuate the same. SECTION 4. This resolution shall be effective immediately upon its passage. [The remainder of this page intentionally left blank.] Resolution No.2020-59(R)—Re-Sale Tax Property Page 1 of 3 3220077 DULY PASSED AND APPROVED,by the City Council of the City of Wylie, Texas on this 17th day of November, 2020. Matthew Porter, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No.2020-59(R)—Re-Sale Tax Property Page 2 of 3 3220077 Exhibit A Legal Description of the Property TO-WIT:TRACT 1: 600 GRAHAM COURT.BEING LOT 14.BLOCK B OF POINTE NORTH#2 ADDITION OF THE CITY OF WYLIE.COLLIN COUNTY. TEXAS:TRACT 2:601 GRAHAM COURT. BEING LOT 9,BLOCK B,OF THE POINTE NORTH#2 ADDITION OF THE CITY OF WYLIE,COLLIN CONTY.TEXAS AS RECORDED IN VOL.N,BOTH TRACTS ON PAGE 732 ON BOTH TRACTS ON THE COLLIN COUNTY DEED RECORDS. Resolution No.2020-59(R)—Re-Sale Tax Property Page 3 of 3 3220077 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER DEED WITHOUT WARRANTY (TAX FORECLOSED PROPERTY RESALE) Date: , 2020 Grantor: WYLIE INDEPENDENT SCHOOL DISTRICT, COLLIN COUNTY AND COLLIN COUNTY COMMUNITY COLLEGE. Grantor's Mailing Address (including county): P.O. Box 517 Wylie, Texas 75070 Collin County Grantee: City of Wylie Grantee's Mailing Address (including county): 300 County Club Road Building 100 Wylie, TX 75098 Collin County Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration. Property (including any improvements): Property described in Exhibit"A" attached hereto and made a part hereof for all purposes. Reservations from and Exceptions to Conveyance and Warranty: 1. Rights of the public to any portion of the above described property lying within the boundaries of dedicated or existing roadways or which may be used for road or street purposes. 2. Visible and apparent easements over or across subject property. 3. Rights of parties in possession. 4. Any and all easements, restrictions, covenants, conditions and reservations of record, if any, applicable to the herein conveyed property or any part hereof. 5. Any right of redemption as specified in Chapter 34, Subchapter B, Texas Property Tax Code. 6. All oil, gas, and other minerals reserved by prior grantors. By acceptance of this Deed, Grantee acknowledges and agrees that the Property is being purchased and conveyed "AS IS" with all faults and defects whether patent or latent as of the closing. Grantors, on behalf of themselves and the other taxing entities on whose behalf it holds title to the Property, specifically negates and disclaims any representations, warranties or guaranties of any kind or character, whether express or implied, oral or written, past, present, future or otherwise, of, as to, concerning or with respect to the Property, including without limitation(i)the nature and condition of the Property and the suitability thereof for any and all activities Deed Without Warranty—600&601 Graham Court and uses which Grantee may elect to conduct thereon, (ii) the nature and extent of any right-of-way, lease, possession, lien, encumbrance, license, reservation, condition or any other matter relating in any way to the Property, (iii) the compliance of the Property or its operation with any laws, ordinances or regulations of any government or other authority or body, (iv) the existence of any toxic or hazardous substance or waste in, on, under the surface of or about the Property, (v) geological conditions, including, without limitation, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water and faulting, (vi)whether or not and to the extent to which the Property or any portion thereof is affected by any stream (surface or underground), body of water, flood prone area, floodplain, floodway or special flood hazard, (vii) drainage, (viii) zoning or land use restrictions rules and regulations to which the Property or any portion thereof may be subject, (ix) the availability of any utilities to the Property or any portion thereof including, without limitation, water, sewage, gas and electric and including the utility availability capacities allocated to the Property by the relevant governmental or regulatory authority, (x)usages of adjoining property, (xi) access to the Property or any portion thereof, (xii) the value, compliance with the plans and specifications, size, location, age, use, design, quality, description, durability, structural integrity, operation, leasing, title to, or physical or financial condition of the Property or any portion thereof, or any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof, (xiii) the potential for further development of the Property, or (xiv) the merchantability of the Property or fitness of the Property for any particular purpose(Grantee affirming that Grantee has not relied on Grantors' skill or judgment to select or furnish the Property for any particular purpose, and that Grantor makes no warranty that the Property is fit for any particular purpose). Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors, or assigns forever WITHOUT WARRANTY. The intent of this Deed Without Warranty is to transfer the property foreclosed on by the Grantor taxing jurisdictions in Cause No. 429-00428-2011 in the 429th Judicial District Court, Collin County, Texas, and no more. When the context requires, singular nouns and pronouns include the plural. Deed Without Warranty—600&601 Graham Court WYLIE INDEPENDENT SCHOOL DISTRICT APPROVAL BY 3 PAGE RESOLUTION DATED SEPTEMBER 21, 2020 SEE"EXHIBIT B" Deed Without Warranty—600&601 Graham Court COLLIN COUNTY, TEXAS By: Title: Csizx y\,47---( ATTEST: 7 li i 01i , - s<141_' liqj1 . — (Acknowledgment) THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 1 , 2020, by LJAY-\ c n , k‘ cfixx- (--\ 1.) S tAcitc)t)..." of Collin County, Texas as the act and deed of said Collin County, Texas. ! H I LARI MONK 1 i . se.,s,.. Notary Public Notary'Publi State of Texas , . .,...z , :-.*, .,,,,- STATE OF TEXAS Notary's naMtc(printed): -Al ()‘,,V1 r\jAfinit,(„. ...I kt.,,,..s•-.4i.v. Notary ID#12607484 '44,17 My Gomm.Ibt Apd 10,20= . k -.. , ..11 -...--.ow•••••-wow VA!--....., ....t...... Notary's commission expires: yol \\o)ao),.3 Deed Without Warranty— 600&601 Graham Court Page 4 COLLIN CO OMMUNITY COLLEGE DISTRICT By: Title: Dcsfrisci-- PrccLo . ' ATTEST: n Liite,vr .c, 0 , (Acknowledgment) THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the 5 ' day of brp 'L , 2020, by f- • N eLJ +,i r , Ii-s {c}- Ptry SC d•CX1,t of the Collin County Community College District as the act and deed of said Collin County Community College District. • Not ry Public, State of Texas ,��� ;���.,�� KRISTIN A. HORKMANI Notary's name, (printed): :14� �F,�NotaryNo Public,State 131939429&Te s � ,.... Comm.Expires 03-20-2023 , ••x ;.� Notary's commission expires: o31d01 aO 3 .,,,os�«�• Notary ID �' 75 Deed Without Warranty— 600&601 Graham Court Page 5 CITY OF WYLIE By: Title: ATTEST: (Acknowledgment) THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2020, by of the City of Wylie as the act and deed of said City of Wylie. Notary Public, State of Texas Notary's name, (printed): Notary's commission expires: Deed Without Warranty—600&601 Graham Court EXHIBIT A TO-WIT: TRACT 1: 600 GRAHAM COURT, BEING LOT 14, BLOCK B OF POINTE NORTH#2 ADDITION OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS; TRACT 2: 601 GRAHAM COURT, BEING LOT 9, BLOCK B, OF THE POINTE NORTH#2 ADDITION OF THE CITY OF WYLIE, COLLIN CONTY, TEXAS AS RECORDED IN VOL. N, BOTH TRACTS ON PAGE 732 ON BOTH TRACTS ON THE COLLIN COUNTY DEED RECORDS. Deed Without Warranty—600&601 Graham Court "EXHIBIT B" RESOLUTION A RESOLUTION AUTHORIZING COLLIN COUNTY AND COLLIN COUNTY COMMUNITY COLLEGE DISTRICT TO RE-SELL TAX FORECLOSED PROPERTY LOCATED AT 600 & 601. GRAHAM COURT, WYLIE,TEXAS, BY PUBLIC OR PRIVATE SALE,AS PROVIDED BY SECTION 34.05 OF THE TEXAS PROPERTY TAX CODE WHEREAS,pursuant to a delinquent tax collection lawsuit and tax foreclosure sale, the property located at 600 & 601 Graham Court, Wylie, Texas, ("The Property")was struck off to the Collin County and Collin County Community College District on its own behalf and as Trustee for the Wylie Independent School District and the City of Wylie, pursuant to Section 34.01(j) of the Property Tax Code, and WHEREAS, Wylie Independent School District consents to the resale of The Property to the City of Wylie pursuant to Section 34.05 of the Property Tax Code, and WHEREAS, Wylie Independent School District desires to authorize the Collin County and Collin County Community College District to act as Trustee to offer The Property for sale pursuant to Section 34.05 of the Texas Property Tax Code, NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT,WYLIE, TEXAS THAT: Section 1. The Wylie Independent School District does hereby provide specific authorization to the Collin County and Collin County Community College District to act as Trustee to offer for sale to the City of Wylie by public or private sale 600 & 601 Graham Court, Wylie, Texas, more fully described in Exhibit"A," attached hereto and made a part hereof, and the Board of Trustees for Wylie Independent School District does hereby consent to the sale of 600 & 601 Graham Court, Wylie, Texas to the City of Wylie in compliance with Section 34.05 of the Texas Property Tax Code. Section 2. This Resolution shall take effect immediately from and after its passage in accordance with the provisions of the law. 1. Deed Without Warranty-600&601 Graham Court PASSED AND APPROVED this ccL c�+ day of ?fn , 2020, by the Board of Trustees for the Wylie Independent School District. WYLIE INDEPENDENT SCHOOL DISTRICT By: President, Board of Trustees ATTEST: Secretary, Board o rustees Wylie Independent School District 2. Deed Without Warranty- 600 &601 Graham Court EXHIBIT A BEING LOTS 9 AND 14, BLOCK B, OF POINTE NORTH#2 ADDITION OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, COMMONLY KNOWN AS 600 & 601 GRAHAM COURT, AS RECORDED IN VOLUME N, PAGE 732 OF THE COLLIN COUNTY DEED RECORDS. 3. Deed Without Warranty- 600 &601 Graham Court IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: E Department: Finance (City Secretary's Use Only) 611-5711-56570 611-5714-56040 Prepared By: Melissa Beard Account Code: 611-5714-58850 Date Prepared: November 6,2020 Exhibits: 2 Subject Consider,and act upon,Ordinance No.2020-59 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. 2020-59 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 This budget amendment is to request funding for projects that were budgeted and started in FY 2020,but not completed by September 30,2020. This amendment will not impact the fund balance for the Utility Fund. Woodbridge/Hensley Lane Signal- $16,117.34 Eubanks ROW Acquisition(Design) - $53,000.00 Lift Station Backup Power Generators- $68,271.00 Page 1 of 1 ORDINANCE NO. 2020-59 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 Depaitiiients 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. 2020-59, 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.2020-59—Budget Amendment FY 2020-2021 (Public Works Projects) Page 1 of 2 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 17th day of November, 2020. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No.2020-59—Budget Amendment FY 2020-2021 (Public Works Projects) Page 2 of 2 Budget Amendment Exhibit A Public Works FY 2020 On-going Projects Requested Funding Fund Department Account Number Account Description Debit Credit Purpose 611 5711 56570 Engineering/Architectural 16,117.34 Woodbridge/Hensley Lane Signal 611 5711 56570 Engineering/Architectural 53,000.00 Eubanks ROW Acquisition(Design) 611 5714 56040 Special Services 10,361.00 Lift Station Backup Power Generators(Install) 611 5714 58850 Major Tools and Equipment 57,910.00 Lift Station Backup Power Generators(Equipment) 137,388.34 - IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: F Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: 133-5643-58570 Date Prepared: November 6,2020 Exhibits: 2 Subject Consider,and act upon,Ordinance No.2020-60 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. 2020-60 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 This budget amendment is to request funding for the Fire Station #4 Architect that was budgeted in FY 2020, but not completed by September 30,2020. This amendment will not impact the fund balance for the Fire Development Fund. The amount that remains to be paid is $510,851. Page 1 of 1 ORDINANCE NO. 2020-60 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 Depaitiiients 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. 2020-60, 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.2020-60—Budget Amendment FY 2020-2021 (Fire Station 4 Architect) Page 1 of 2 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 17th day of November, 2020. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No.2020-60—Budget Amendment FY 2020-2021 (Fire Station 4 Architect) Page 2 of 2 Budget Amendment Exhibit A Fire Station #4 Architect Fund Department Account Number Account Description Debit Credit 133 5643 58570 Engineering/Architectural 510,851.00 510,851.00 - IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17, 2020 Item Number: G Department: Purchasing Account Code: 611-5712-56040 Prepared By: Glenna Hayes Budgeted Amount: $120,000.00 Date Prepared: October 27,2020 Exhibits: Subject Consider,and act upon,the award of a Professional Services Project Order(PSPO)#W2021-15E for the AWIA Risk and Resilience Assessment and Emergency Response Plan Development to Freese and Nichols, Inc. in the amount of $108,610.00 and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the award of a Professional Services Project Order(PSPO) #W2021-15E for the AWIA Risk and Resilience Assessment and Emergency Response Plan Development to Freese and Nichols, Inc. in the amount of $108,610.00 and authorizing the City Manager to execute any necessary documents. Discussion Section 2013 of the American Water Infrastructure Act (AWIA) of 2018 requires community water systems that serve more than 3,300 people, to complete a risk and resilience assessment and develop an Emergency Response Plan every five (5) years. The Risk and Resilience assessments evaluate the vulnerabilities, threats, and consequences of potential hazards. The City of Wylie is required to complete the Risk and Resilience Assessment phase by June 30, 2021, and Emergency Response Plan must be completed by December 30, 2021, and submit recertification documents to the EPA for review, any revisions and approval. For this project, the City reviewed and ranked the engineering firms who were awarded a Master Agreement for Professional Services(MAPES)under contract#W2017-76-A-N(Engineering Studies and Analysis). Review team staff deemed Freese and Nichols,Inc. to be the most qualified firm based on their submittal showing the most comprehensive experience in water/wastewater master planning and water studies. The project was approved for budget year 2020-2021, and the estimated time frame for completion of this project is 435 business days. Staff recommends the award of a Professional Services Project Order(PSPO)#W2021-15-E to Freese and Nichols,Inc. in the amount of$108,610.00,as being the most qualified firm under Government Code 2254 Professional and Consulting Services. Page 1 of 1 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17, 2020 Item Number: H Department: Purchasing Account Code: 121-5623-56570 Prepared By: Glenna Hayes Budgeted Amount: $95,000.00 Date Prepared: October 28,2020 Exhibits: Subject Consider, and act upon,the award of a professional services project order(PSPO)#W2021-19-E for the development of a Lake Parks Master Plan for East Fork Park and Avalon Park to Dunaway Associates,LP in the amount of$94,965.00; and authorizing the City Manager to execute any necessary documents. Recommendation A motion to award a professional services project order (PSPO) #W2021-19-E for the development of a Lake Parks Master Plan for East Fork Park and Avalon Park to Dunaway Associates,LP in the amount of$94,965.00;and authorizing the City Manager to execute any necessary documents. Discussion The Parks Master Plan was adopted by the City Council on June 23,2020. For budget year 2020-2021,Council approved funding for an in-depth Lake Parks Master Plan for East Fork Park and Avalon Park. The study will provide a conceptual view of development of the current USACOE owned and maintained East Fork and Avalon Parks. In addition to park development concepts and construction estimates,Dunaway Associates,LP will partner with Pros Consulting Inc. to analyze park operations and possible revenue potential. The final study will provide decision makers with a conceptual park planning document that will guide future capital development areas, as well as to provide preliminary costs that City officials can use in planning possible funding initiatives,revenue streams and development phasing. This PSPO is issued under Master Agreement for Professional and Engineering Services(MAPES)#W2017-76-A. Staff recommends the award of PSPO #W2021-19-E to Dunaway Associates, LP in the amount of$94,965.00, as the most qualified firm for Category D(Landscape Architecture)in accordance with Government Code 2254. Page 1 of 1 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17, 2020 Item Number: I Department: Purchasing Account Code: 100-5241-54650 Prepared By: Glenna Hayes Budgeted Amount: $90,000 Date Prepared: February 17,2020 Exhibits: Subject Consider,and act upon,the approval of the purchase of Motorola Radio Equipment and Services from Motorola Solutions in the estimated amount of$87,253.28 through a cooperative purchasing contract with H-GAC, and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve the purchase of Motorola Radio Equipment and Services from Motorola Solutions in the estimated amount of$87,253.28 through a cooperative purchasing contract with H-GAC, and authorizing the City Manager to execute any necessary documents. Discussion In fiscal year 2019-2020,Wylie Fire Rescue began a multi-year phased process of upgrading 64 portable radios.The new radio models will support enhanced technologies such as Wi-Fi and Bluetooth,improving operation efficiencies,response times,and enhancing safety of staff This fiscal year, staff recommends the purchase of 16 new radios,microphones,and batteries as part of the phased replacement program. 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. H-GAC#RA05-18/Wylie#W2020-64-I Page 1 of 1 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: J Department: Police (City Secretary's Use Only) Prepared By: Anthony Henderson Account Code: Date Prepared: October 28,2020 Exhibits: Subject Consider, and act upon, an Interlocal Cooperation Agreement for Jail Services between the City of Wylie and the cities of Farmersville, Murphy,Parker, Lavon, Josephine, and the Collin County Sheriffs Office and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve an Interlocal Cooperation Agreement for Jail Services between the City of Wylie and the cities of Farmersville, Murphy,Parker, Lavon, Josephine, and the Collin County Sheriffs Office and authorizing the City Manager to execute any necessary documents. Discussion The purpose of this Agreement is to establish an agreement with the cities of Farmersville, Murphy, Parker, Lavon, Josephine, and the Collin County Sheriff's Office for the City of Wylie Jail to provide jail services. Agencies will be able to bring all detainees to the Wylie Jail. Staff is requesting Council approve the Interlocal Cooperation Agreement for Jail Services with the following surrounding agencies: Farmersville, Murphy, Parker, Lavon, Josephine, and Collin County Sheriffs Office. The ILA will outline compensation for service rendered to these agencies by the Wylie Jail. Page 1 of 1 Interlocal Cooperation Agreement for Jail Services This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Farmersville, Texas ("Agency") and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to herein as a "party" or collectively as the"parties." RECITALS: 1. Wylie has established a detainee lockup or holding facility known as the Wylie Jail, located at 2000 North Highway 78, Wylie, TX 75098 ("Wylie Jail"), for the handling, processing, housing and detention of persons (detainees) arrested by authorized law enforcement agencies. 2. Agency desires to obtain jail services from Wylie at the Wylie Jail for the handling, processing, housing and detention of persons arrested by the Farmersville Police Department, and Wylie has agreed to provide such services under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code (known as the Interlocal Cooperation Act), as amended. 3. The provision of jail services is a governmental function that serves the public health, safety and welfare and is of mutual concern to the parties. 4. The parties deem it to be in the best interest of both parties to enter into this Agreement. 5. Each party paying for the performance of governmental functions or services pursuant to this Agreement is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Definitions As used in this Agreement, the following terms have the meanings set forth in this section: The term"Jail Services"means all services legally necessary to provide for the confinement in the Wylie Jail of persons (detainees) accused or convicted of an offense. Section 2: Term 2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2021, unless terminated earlier by a party in accordance with the terms of this Agreement. The parties shall have the option to extend this Agreement for one (1) additional term Interlocal Cooperation Agreement for Jail Services with the City of Farmersville Page 1 3239846 of one (1) year on the same terms and conditions of this Agreement. Either party may exercise this option to extend this Agreement by giving the other party written notice thirty(30)days prior to the expiration of the then-current term. 2.02 Termination Either party may terminate this Agreement at any time and for any reason by giving the other party at least thirty(30) days prior written notice thereof. Any fees due and owing under this Agreement as of the effective date of termination shall be paid by Agency to Wylie within thirty(30) calendar days after receipt of a final invoice for services rendered. Section 3: Jail Fees 3.01 Agency shall pay to Wylie a fee for each detainee processed into the Wylie Jail and delivered by Agency regardless of the detainee's length of stay ("Detainee Fee"). The amount of the Detainee Fee shall be established by administrative order of the Wylie City Manager on an annual basis for each ensuing fiscal year based upon the projected costs of services; provided, however, the initial Detainee Fee shall be one hundred twenty-five dollars ($125.00) per detainee per day or portion thereof until changed by administrative order of the Wylie City Manager as provided herein. Any increase or change in the amount of the Detainee Fee or other costs of services shall be effective on the forty-fifth (45th) day after Wylie provides written notice thereof to Agency ("Notice of Fee Increase"), unless Wylie receives written notice to terminate this Agreement from Agency prior to expiration of such forty-five (45) day period. 3.02 Wylie shall, not later than the tenth (10th) day of each calendar quarter, provide Agency with a written report containing the number and length of stay of each Agency detainee processed into the Wylie Jail during the immediately preceding calendar quarter and an invoice for the Detainee Fees and other cost of services assessed for such reporting period. 3.03 Agency shall not pay a Detainee Fee for any Agency detainee processed into the Wylie Jail who has outstanding warrants of arrest from only Wylie or the Collin County Sheriff's Office. Section 4: Jail Services 4.01 Wylie agrees to the Jail Services, subject to the availability of space at the Wylie jail at the time the Agency requests Jail Services. Space will be unavailable when the Wylie Jail is filled to 100% of its capacity and unable to accept additional detainees. The Jail Manager is authorized to determine when the Wylie Jail is filled to 100% capacity and unable to accept additional detainees. 4.02 Interlocal Cooperation Agreement for Jail Services with the City of Farmersville Page 2 3239846 The Wylie Jail shall provide the following Jail Services in accordance with the Wylie Jail policies and procedures, as they exist as of the Effective Date of this Agreement and as they are amended or modified from time to time in Wylie's sole discretion: (a) Intake of detainees brought to the Wylie Jail for Class C arrests if the detainee is presented by a Peace Officer with a valid and original warrant, a certified or facsimile copy of a valid arrest warrant, a teletype confirmation or an email confirmation of the warrant. (b) Intake of detainees brought to the Wylie Jail for Class B and above arrests if the detainee is presented by a Peace Officer with a valid CCSO Custody Sheet,Probable Cause Affidavit or warrant or TTY confirmation, Transfer of Custody Sheet, Bail Request Form, respective city custody sheet and any additional required documentation as per then-current Wylie Jail policy. (c) Intake of detainees brought to the Wylie Jail with a completed inventory and storage of Agency detainee property and/or monies. Acceptance of bulk property will be limited. (d) Intake of detainees brought to the Wylie Jail with a completed medical questionnaire and a Screening Form for Suicide and Medical/Mental/Developmental Impairments (EIMI Form). (e) Photograph and fingerprint each Agency detainee. (f) Feed and clothe each detainee according to the Wylie Jail's then-current policy. (g) Handle, process and detain each Agency detainee in the Wylie Jail until such detainee is transferred to another jail facility or released on bond or by other lawful means. (h) Operate and maintain the Wylie Jail in accordance with applicable federal, state and local laws. (i) Provide magistrate services according to the Wylie Jail's then-current policy. (j) Follow the Wylie Jail's release policy upon acceptance of the appropriate fines and/or bonds posted. (k) Facilitating the transport of Agency detainees to the appropriate, longer-term detention facility. 4.03 If an Agency's detainee arrives at the Wylie Jail with a medical or other emergency that requires the detainee to be transferred to the emergency room or other facility prior to booking in Wylie's sole discretion, Agency agrees that the arresting agency's officer will be responsible for accompanying the detainee to the emergency room or other facility. Interlocal Cooperation Agreement for Jail Services with the City of Farmersville Page 3 3239846 4.04 Wylie reserves the right to refuse the intake or booking of Agency's detainee when, in the Wylie Detention Officer's sole discretion, such detainee possesses a safety threat to himself/herself or others. Section 5: Medical and Transport Services 5.01 Wylie may in its sole discretion refuse to accept for intake into the Wylie Jail any Agency detainee that appears in need of medical treatment or medical services. 5.02 Wylie shall provide medical,emergency and ambulance transport service for Agency detainees held in the Wylie Jail; provided, however, all costs incurred by Wylie for providing such services shall be charged to the Agency detainee, in accordance with the then-current Wylie policy and procedures. Agency detainees held in the Wylie Jail shall be responsible for their own medical bills and such medical, emergency and ambulance transport service charges. 5.03 Neither Wylie nor Agency may consent to medical treatment of a detainee nor admit or sign an Agency detainee into a hospital or medical facility or otherwise assume financial responsibility therefore. 5.04 Agency detainees detained for class C misdemeanor offenses may be released from the Wylie Jail if the Agency cannot provide transport services for an Agency detainee under the following conditions: (a) Reactivation of the warrant(s) for which the detained is being held; (b) Charges are filed at large; or (c) Charges are not filed. 5.05 Should the need arise for an in-custody transport for emergency medical treatment or other emergency services of an Agency detainee housed at the Wylie Jail, Wylie and Agency's agency field supervisors or Detention Manager will determine if releasing the detainee is the best possible alternative. If the Agency does not agree that the detainee should be released,Agency shall respond to the medical facility where the detainee is transported and take custody of the detainee. In the event in-custody transport is deemed necessary, the following shall apply: (a) Wylie will arrange for transport of all detainees to the appropriate facility. Interlocal Cooperation Agreement for Jail Services with the City of Farmersville Page 4 3239846 (b) Wylie will provide officers as needed for escort/transport to the facility for a maximum time of one (1) hour beginning at the initial dispatched time. (c) Agency will be notified within five (5) minutes of dispatching a detainee escort and will have the responsibility to provide a relief officer within one (1) hour of initial dispatched time, or will arrange to release the inmate prior to that time. (d) Agency will make every effort to relieve Wylie Officers in the timeliest manner, regardless of the one (1) hour maximum time allowed for response. (e) If Wylie Police/Jail and the Agency agree that the detainee would be a public safety risk if released from custody and the Agency cannot take custody of the detainee in a reasonable time as provided in (c) above at the appropriate facility, the Agency will be responsible for the Wylie Police Department Officer's hourly rate or overtime rate, if applicable,until a transfer of custody from Wylie to Agency. Section 6: Civil Liability The Agency, as the governmental unit requesting and obtaining services under this Agreement, is responsible for one hundred percent(100%)of any civil liability that arises from Wylie's furnishing of the services under this Agreement, including the Jail Services, as provided by Section 791.006 of the Texas Government Code. To THE EXTENT PERMITTED BY LAW, AGENCY SHALL DEFEND,RELEASE,INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS,DAMAGES OR JUDGMENTS,INCLUDING ALL EXPENSES,ATTORNEY FEES,WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF WYLIE'S PERFORMANCE UNDER THIS AGREEMENT,INCLUDING,BUT NOT LIMITED TO, THE INTENTIONAL OR NEGLIGENT ACT AND/OR OMISSION OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS,REPRESENTATIVES OR EMPLOYEES,AND REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This Agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the Agency or the Wylie. Neither party will sue or try to hold an official, officer, employee, or individual agent of the other party personally liable for any personal injuries or property damage. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement,the parties do not create any obligations, express or implied, other than those set forth herein. The parties do not intend to create or right for, or in favor of, a person who is not a party to this Agreement. Interlocal Cooperation Agreement for Jail Services with the City of Farmersville Page 5 3239846 Section 7: Amendment This agreement will not be amended or modified other than in a written agreement signed by the parties. No party will try to enforce a purported amendment that is not written and properly approved by each party's governing body under Section 791.011(d) of the Government Code. Section 8: Controlling Law; Venue This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, Texas. Section 9: Contingency Plan In the event that the Wylie Jail is damaged due to a natural disaster or man-made disaster that renders it unusable, as determined by Wylie in its sole discretion, Wylie will notify Agency that Wylie can no longer receive detainees under this Agreement. If Agency has detainees in custody at the time of any natural or man-made disaster,Wylie will continue custody until authorization for release is received or such detainees are transferred to the Collin County Jail. Section 10: Notices 10.01: Notice (a) Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand- delivery service,Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: if the Wylie, to: (b) with a copy to: Chris Holsted, City Manager Chief Anthony Henderson Wylie Municipal Complex Wylie Police Department 300 Country Club Rd., Building 100, 1st floor 2000 N. Hwy 78 Wylie, TX 75098 Wylie, TX 75098 (a) if the Agency, to: Interlocal Cooperation Agreement for Jail Services with the City of Farmersville Page 6 3239846 Section 11: Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Section 12: Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. Section 13: Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under this Agreement. Section 14: Exclusive Right to Enforce this Agreement Wylie and the Agency have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Section 15: Prior Agreements Superseded This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. This Agreement is not assignable. Section 16: No Partnership or Agency The parties hereto have not created a partnership and nothing contained in this Agreement shall in any manner whatsoever constitute any party the partner, agent or legal representative of the other party, nor create any fiduciary relationship between them for any purpose whatsoever. No party shall have any authority to act for, or to assume any obligations or responsibility on behalf of, the other party except as may be, from time to time, agreed upon in writing between the parties or as otherwise expressly provided in this Agreement. Interlocal Cooperation Agreement for Jail Services with the City of Farmersville Page 7 3239846 Section 17: Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party fifteen (15) days written notice of its intent to terminate. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). City of Wylie, Texas By: Date: Chris Holsted, City Manager Agency: By: Date: Print Name: Title: Interlocal Cooperation Agreement for Jail Services with the City of Farmersville Page 8 3239846 Interlocal Cooperation Agreement for Jail Services This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Murphy, Texas ("Agency") and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to herein as a "party" or collectively as the"parties." RECITALS: 1. Wylie has established a detainee lockup or holding facility known as the Wylie Jail, located at 2000 North Highway 78, Wylie, TX 75098 ("Wylie Jail"), for the handling, processing, housing and detention of persons (detainees) arrested by authorized law enforcement agencies. 2. Agency desires to obtain jail services from Wylie at the Wylie Jail for the handling, processing, housing and detention of persons arrested by the Murphy Police Department, and Wylie has agreed to provide such services under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code (known as the Interlocal Cooperation Act), as amended. 3. The provision of jail services is a governmental function that serves the public health, safety and welfare and is of mutual concern to the parties. 4. The parties deem it to be in the best interest of both parties to enter into this Agreement. 5. Each party paying for the performance of governmental functions or services pursuant to this Agreement is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Definitions As used in this Agreement, the following terms have the meanings set forth in this section: The term"Jail Services"means all services legally necessary to provide for the confinement in the Wylie Jail of persons (detainees) accused or convicted of an offense. Section 2: Term 2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2021, unless terminated earlier by a party in accordance with the terms of this Agreement. The parties shall have the option to extend this Agreement for one (1) additional term Interlocal Cooperation Agreement for Jail Services with the City of Murphy Page 1 3239839 of one (1) year on the same terms and conditions of this Agreement. Either party may exercise this option to extend this Agreement by giving the other party written notice thirty(30)days prior to the expiration of the then-current term. 2.02 Termination Either party may terminate this Agreement at any time and for any reason by giving the other party at least thirty(30) days prior written notice thereof. Any fees due and owing under this Agreement as of the effective date of termination shall be paid by Agency to Wylie within thirty(30) calendar days after receipt of a final invoice for services rendered. Section 3: Jail Fees 3.01 Agency shall pay to Wylie a fee for each detainee processed into the Wylie Jail and delivered by Agency regardless of the detainee's length of stay ("Detainee Fee"). The amount of the Detainee Fee shall be established by administrative order of the Wylie City Manager on an annual basis for each ensuing fiscal year based upon the projected costs of services; provided, however, the initial Detainee Fee shall be one hundred twenty-five dollars ($125.00) per detainee per day or portion thereof until changed by administrative order of the Wylie City Manager as provided herein. Any increase or change in the amount of the Detainee Fee or other costs of services shall be effective on the forty-fifth (45th) day after Wylie provides written notice thereof to Agency ("Notice of Fee Increase"), unless Wylie receives written notice to terminate this Agreement from Agency prior to expiration of such forty-five (45) day period, except as otherwise set forth in Section 3.03 below. 3.02 Wylie shall, not later than the tenth (10th) day of each calendar quarter, provide Agency with a written report containing the number and length of stay of each Agency detainee processed into the Wylie Jail during the immediately preceding calendar quarter and an invoice for the Detainee Fees and other cost of services assessed for such reporting period,except as otherwise set forth in Section 3.03 below. 3.03 Agency shall have no liability or responsibility to pay to Wylie any fees for services provided to Agency under this Agreement until September 30,2021, as full and final consideration for services provided by Agency to Wylie during the twenty-nine (29)-month period following the natural disaster that occurred in Wylie in April 2016, which such services included but were not limited to Agency's provision of office space,jail equipment and manpower to Wylie. 3.04 Agency shall not pay a Detainee Fee for any Agency detainee processed into the Wylie Jail who has outstanding warrants of arrest from only Wylie or the Collin County Sheriff's Office. Interlocal Cooperation Agreement for Jail Services with the City of Murphy Page 2 3239839 Section 4: Jail Services 4.01 Wylie agrees to the Jail Services, subject to the availability of space at the Wylie jail at the time the Agency requests Jail Services. Space will be unavailable when the Wylie Jail is filled to 100% of its capacity and unable to accept additional detainees. The Jail Manager is authorized to determine when the Wylie Jail is filled to 100% capacity and unable to accept additional detainees. 4.02 The Wylie Jail shall provide the following Jail Services in accordance with the Wylie Jail policies and procedures, as they exist as of the Effective Date of this Agreement and as they are amended or modified from time to time in Wylie's sole discretion: (a) Intake of detainees brought to the Wylie Jail for Class C arrests if the detainee is presented by a Peace Officer with a valid and original warrant, a certified or facsimile copy of a valid arrest warrant, a teletype confirmation or an email confirmation of the warrant. (b) Intake of detainees brought to the Wylie Jail for Class B and above arrests if the detainee is presented by a Peace Officer with a valid CCSO Custody Sheet,Probable Cause Affidavit or warrant or TTY confirmation, Transfer of Custody Sheet, Bail Request Form, respective city custody sheet and any additional required documentation as per then-current Wylie Jail policy. (c) Intake of detainees brought to the Wylie Jail with a completed inventory and storage of Agency detainee property and/or monies. Acceptance of bulk property will be limited. (d) Intake of detainees brought to the Wylie Jail with a completed medical questionnaire and a Screening Form for Suicide and Medical/Mental/Developmental Impairments (EIMI Form). (e) Photograph and fingerprint each Agency detainee. (f) Feed and clothe each detainee according to the Wylie Jail's then-current policy. (g) Handle, process and detain each Agency detainee in the Wylie Jail until such detainee is transferred to another jail facility or released on bond or by other lawful means. (h) Operate and maintain the Wylie Jail in accordance with applicable federal, state and local laws. (i) Provide magistrate services according to the Wylie Jail's then-current policy. Interlocal Cooperation Agreement for Jail Services with the City of Murphy Page 3 3239839 (j) Follow the Wylie Jail's release policy upon acceptance of the appropriate fines and/or bonds posted. (k) Facilitating the transport of Agency detainees to the appropriate, longer-term detention facility. 4.03 If an Agency's detainee arrives at the Wylie Jail with a medical or other emergency that requires the detainee to be transferred to the emergency room or other facility prior to booking in Wylie's sole discretion, Agency agrees that the arresting agency's officer will be responsible for accompanying the detainee to the emergency room or other facility. 4.04 Wylie reserves the right to refuse the intake or booking of Agency's detainee when, in the Wylie Detention Officer's sole discretion, such detainee possesses a safety threat to himself/herself or others. Section 5: Medical and Transport Services 5.01 Wylie may in its sole discretion refuse to accept for intake into the Wylie Jail any Agency detainee that appears in need of medical treatment or medical services. 5.02 Wylie shall provide medical,emergency and ambulance transport service for Agency detainees held in the Wylie Jail; provided, however, all costs incurred by Wylie for providing such services shall be charged to the Agency detainee, in accordance with the then-current Wylie policy and procedures. Agency detainees held in the Wylie Jail shall be responsible for their own medical bills and such medical, emergency and ambulance transport service charges. 5.03 Neither Wylie nor Agency may consent to medical treatment of a detainee nor admit or sign an Agency detainee into a hospital or medical facility or otherwise assume financial responsibility therefore. 5.04 Agency detainees detained for class C misdemeanor offenses may be released from the Wylie Jail if the Agency cannot provide transport services for an Agency detainee under the following conditions: (a) Reactivation of the warrant(s) for which the detained is being held; (b) Charges are filed at large; or Interlocal Cooperation Agreement for Jail Services with the City of Murphy Page 4 3239839 (c) Charges are not filed. 5.05 Should the need arise for an in-custody transport for emergency medical treatment or other emergency services of an Agency detainee housed at the Wylie Jail, Wylie and Agency's agency field supervisors or Detention Manager will determine if releasing the detainee is the best possible alternative. If the Agency does not agree that the detainee should be released,Agency shall respond to the medical facility where the detainee is transported and take custody of the detainee. In the event in-custody transport is deemed necessary, the following shall apply: (a) Wylie will arrange for transport of all detainees to the appropriate facility. (b) Wylie will provide officers as needed for escort/transport to the facility for a maximum time of one (1) hour beginning at the initial dispatched time. (c) Agency will be notified within five (5) minutes of dispatching a detainee escort and will have the responsibility to provide a relief officer within one (1) hour of initial dispatched time, or will arrange to release the inmate prior to that time. (d) Agency will make every effort to relieve Wylie Officers in the timeliest manner, regardless of the one (1) hour maximum time allowed for response. (e) If Wylie Police/Jail and the Agency agree that the detainee would be a public safety risk if released from custody and the Agency cannot take custody of the detainee in a reasonable time as provided in (c) above at the appropriate facility, the Agency will be responsible for the Wylie Police Department Officer's hourly rate or overtime rate, if applicable,until a transfer of custody from Wylie to Agency. Section 6: Civil Liability The Agency, as the governmental unit requesting and obtaining services under this Agreement, is responsible for one hundred percent(100%)of any civil liability that arises from Wylie's furnishing of the services under this Agreement, including the Jail Services, as provided by Section 791.006 of the Texas Government Code. To THE EXTENT PERMITTED BY LAW, AGENCY SHALL DEFEND,RELEASE,INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS,DAMAGES OR JUDGMENTS,INCLUDING ALL EXPENSES,ATTORNEY FEES,WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF WYLIE'S PERFORMANCE UNDER THIS AGREEMENT,INCLUDING,BUT NOT LIMITED TO, THE INTENTIONAL OR NEGLIGENT ACT AND/OR OMISSION OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS,REPRESENTATIVES OR EMPLOYEES,AND REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Interlocal Cooperation Agreement for Jail Services with the City of Murphy Page 5 3239839 This Agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the Agency or the Wylie. Neither party will sue or try to hold an official, officer, employee, or individual agent of the other party personally liable for any personal injuries or property damage. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement,the parties do not create any obligations, express or implied, other than those set forth herein. The parties do not intend to create or right for, or in favor of, a person who is not a party to this Agreement. Section 7: Amendment This agreement will not be amended or modified other than in a written agreement signed by the parties. No party will try to enforce a purported amendment that is not written and properly approved by each party's governing body under Section 791.011(d) of the Government Code. Section 8: Controlling Law; Venue This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, Texas. Section 9: Contingency Plan In the event that the Wylie Jail is damaged due to a natural disaster or man-made disaster that renders it unusable, as determined by Wylie in its sole discretion, Wylie will notify Agency that Wylie can no longer receive detainees under this Agreement. If Agency has detainees in custody at the time of any natural or man-made disaster, Wylie will continue custody until authorization for release is received or such detainees are transferred to the Collin County Jail. Section 10: Notices 10.01: Notice (a) Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand- delivery service,Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: if the Wylie, to: (b)with a copy to: Interlocal Cooperation Agreement for Jail Services with the City of Murphy Page 6 3239839 Chris Hoisted, City Manager Chief Anthony Henderson Wylie Municipal Complex Wylie Police Department 300 Country Club Rd., Building 100, 1st floor 2000 N. Hwy 78 Wylie, TX 75098 Wylie, TX 75098 (a) if the Agency, to: Section 11: Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Section 12: Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. Section 13: Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under this Agreement. Section 14: Exclusive Right to Enforce this Agreement Wylie and the Agency have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Interlocal Cooperation Agreement for Jail Services with the City of Murphy Page 7 3239839 Section 15: Prior Agreements Superseded This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. This Agreement is not assignable. Section 16: No Partnership or Agency The parties hereto have not created a partnership and nothing contained in this Agreement shall in any manner whatsoever constitute any party the partner, agent or legal representative of the other party, nor create any fiduciary relationship between them for any purpose whatsoever. No party shall have any authority to act for, or to assume any obligations or responsibility on behalf of, the other party except as may be, from time to time, agreed upon in writing between the parties or as otherwise expressly provided in this Agreement. Section 17: Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party fifteen (15) days written notice of its intent to terminate. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). City of Wylie, Texas By: Date: Chris Holsted, City Manager Agency: By: Date: Print Name: Title: Interlocal Cooperation Agreement for Jail Services with the City of Murphy Page 8 3239839 Interlocal Cooperation Agreement for Jail Services This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Parker, Texas ("Agency") and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to herein as a "party" or collectively as the"parties." RECITALS: 1. Wylie has established a detainee lockup or holding facility known as the Wylie Jail, located at 2000 North Highway 78, Wylie, TX 75098 ("Wylie Jail"), for the handling, processing, housing and detention of persons (detainees) arrested by authorized law enforcement agencies. 2. Agency desires to obtain jail services from Wylie at the Wylie Jail for the handling, processing,housing and detention of persons arrested by the Parker Police Department, and Wylie has agreed to provide such services under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code(known as the Interlocal Cooperation Act), as amended. 3. The provision of jail services is a governmental function that serves the public health, safety and welfare and is of mutual concern to the parties. 4. The parties deem it to be in the best interest of both parties to enter into this Agreement. 5. Each party paying for the performance of governmental functions or services pursuant to this Agreement is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Definitions As used in this Agreement, the following terms have the meanings set forth in this section: The term"Jail Services"means all services legally necessary to provide for the confinement in the Wylie Jail of persons (detainees) accused or convicted of an offense. Section 2: Term 2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2021, unless terminated earlier by a party in accordance with the terms of this Agreement. The parties shall have the option to extend this Agreement for one (1) additional term Interlocal Cooperation Agreement for Jail Services with the City of Parker Page 1 3167729 of one (1) year on the same terms and conditions of this Agreement. Either party may exercise this option to extend this Agreement by giving the other party written notice thirty(30)days prior to the expiration of the then-current term. 2.02 Termination Either party may terminate this Agreement at any time and for any reason by giving the other party at least thirty(30) days prior written notice thereof. Any fees due and owing under this Agreement as of the effective date of termination shall be paid by Agency to Wylie within thirty(30) calendar days after receipt of a final invoice for services rendered. Section 3: Jail Fees 3.01 Agency shall pay to Wylie a fee for each detainee processed into the Wylie Jail and delivered by Agency regardless of the detainee's length of stay ("Detainee Fee"). The amount of the Detainee Fee shall be established by administrative order of the Wylie City Manager on an annual basis for each ensuing fiscal year based upon the projected costs of services; provided, however, the initial Detainee Fee shall be one hundred twenty-five dollars ($125.00) per detainee per day or portion thereof until changed by administrative order of the Wylie City Manager as provided herein. Any increase or change in the amount of the Detainee Fee or other costs of services shall be effective on the forty-fifth (45th) day after Wylie provides written notice thereof to Agency ("Notice of Fee Increase"), unless Wylie receives written notice to terminate this Agreement from Agency prior to expiration of such forty-five (45) day period. 3.02 Wylie shall, not later than the tenth (10th) day of each calendar quarter, provide Agency with a written report containing the number and length of stay of each Agency detainee processed into the Wylie Jail during the immediately preceding calendar quarter and an invoice for the Detainee Fees and other cost of services assessed for such reporting period. 3.03 Agency shall not pay a Detainee Fee for any Agency detainee processed into the Wylie Jail who has outstanding warrants of arrest from only Wylie or the Collin County Sheriff's Office. Section 4: Jail Services 4.01 Wylie agrees to the Jail Services, subject to the availability of space at the Wylie jail at the time the Agency requests Jail Services. Space will be unavailable when the Wylie Jail is filled to 100% of its capacity and unable to accept additional detainees. The Jail Manager is authorized to determine when the Wylie Jail is filled to 100% capacity and unable to accept additional detainees. Interlocal Cooperation Agreement for Jail Services with the City of Parker Page 2 3167729 4.02 The Wylie Jail shall provide the following Jail Services in accordance with the Wylie Jail policies and procedures, as they exist as of the Effective Date of this Agreement and as they are amended or modified from time to time in Wylie's sole discretion: (a) Intake of detainees brought to the Wylie Jail for Class C arrests if the detainee is presented by a Peace Officer with a valid and original warrant, a certified or facsimile copy of a valid arrest warrant, a teletype confirmation or an email confirmation of the warrant. (b) Intake of detainees brought to the Wylie Jail for Class B and above arrests if the detainee is presented by a Peace Officer with a valid CCSO Custody Sheet,Probable Cause Affidavit or warrant or TTY confirmation, Transfer of Custody Sheet, Bail Request Form, respective city custody sheet and any additional required documentation as per then-current Wylie Jail policy. (c) Intake of detainees brought to the Wylie Jail with a completed inventory and storage of Agency detainee property and/or monies. Acceptance of bulk property will be limited. (d) Intake of detainees brought to the Wylie Jail with a completed medical questionnaire and a Screening Form for Suicide and Medical/Mental/Developmental Impairments (EIMI Form). (e) Photograph and fingerprint each Agency detainee. (f) Feed and clothe each detainee according to the Wylie Jail's then-current policy. (g) Handle, process and detain each Agency detainee in the Wylie Jail until such detainee is transferred to another jail facility or released on bond or by other lawful means. (h) Operate and maintain the Wylie Jail in accordance with applicable federal, state and local laws. (i) Provide magistrate services according to the Wylie Jail's then-current policy. (j) Follow the Wylie Jail's release policy upon acceptance of the appropriate fines and/or bonds posted. (k) Facilitating the transport of Agency detainees to the appropriate, longer-term detention facility. 4.03 If an Agency's detainee arrives at the Wylie Jail with a medical or other emergency that requires the detainee to be transferred to the emergency room or other facility prior to booking in Wylie's Interlocal Cooperation Agreement for Jail Services with the City of Parker Page 3 3167729 sole discretion, Agency agrees that the arresting agency's officer will be responsible for accompanying the detainee to the emergency room or other facility. 4.04 Wylie reserves the right to refuse the intake or booking of Agency's detainee when, in the Wylie Detention Officer's sole discretion, such detainee possesses a safety threat to himself/herself or others. Section 5: Medical and Transport Services 5.01 Wylie may in its sole discretion refuse to accept for intake into the Wylie Jail any Agency detainee that appears in need of medical treatment or medical services. 5.02 Wylie shall provide medical,emergency and ambulance transport service for Agency detainees held in the Wylie Jail; provided, however, all costs incurred by Wylie for providing such services shall be charged to the Agency detainee, in accordance with the then-current Wylie policy and procedures. Agency detainees held in the Wylie Jail shall be responsible for their own medical bills and such medical, emergency and ambulance transport service charges. 5.03 Neither Wylie nor Agency may consent to medical treatment of a detainee nor admit or sign an Agency detainee into a hospital or medical facility or otherwise assume financial responsibility therefore. 5.04 Agency detainees detained for class C misdemeanor offenses may be released from the Wylie Jail if the Agency cannot provide transport services for an Agency detainee under the following conditions: (a) Reactivation of the warrant(s) for which the detained is being held; (b) Charges are filed at large; or (c) Charges are not filed. 5.05 Should the need arise for an in-custody transport for emergency medical treatment or other emergency services of an Agency detainee housed at the Wylie Jail, Wylie and Agency's agency field supervisors or Detention Manager will determine if releasing the detainee is the best possible alternative. If the Agency does not agree that the detainee should be released,Agency shall respond Interlocal Cooperation Agreement for Jail Services with the City of Parker Page 4 3167729 to the medical facility where the detainee is transported and take custody of the detainee. In the event in-custody transport is deemed necessary, the following shall apply: (a) Wylie will arrange for transport of all detainees to the appropriate facility. (b) Wylie will provide officers as needed for escort/transport to the facility for a maximum time of one (1) hour beginning at the initial dispatched time. (c) Agency will be notified within five (5) minutes of dispatching a detainee escort and will have the responsibility to provide a relief officer within one (1) hour of initial dispatched time, or will arrange to release the inmate prior to that time. (d) Agency will make every effort to relieve Wylie Officers in the timeliest manner, regardless of the one (1) hour maximum time allowed for response. (e) If Wylie Police/Jail and the Agency agree that the detainee would be a public safety risk if released from custody and the Agency cannot take custody of the detainee in a reasonable time as provided in (c) above at the appropriate facility, the Agency will be responsible for the Wylie Police Department Officer's hourly rate or overtime rate, if applicable,until a transfer of custody from Wylie to Agency. Section 6: Civil Liability The Agency, as the governmental unit requesting and obtaining services under this Agreement, is responsible for one hundred percent(100%)of any civil liability that arises from Wylie's furnishing of the services under this Agreement, including the Jail Services, as provided by Section 791.006 of the Texas Government Code. To THE EXTENT PERMITTED BY LAW, AGENCY SHALL DEFEND,RELEASE,INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS,DAMAGES OR JUDGMENTS,INCLUDING ALL EXPENSES,ATTORNEY FEES,WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF WYLIE'S PERFORMANCE UNDER THIS AGREEMENT,INCLUDING,BUT NOT LIMITED TO, THE INTENTIONAL OR NEGLIGENT ACT AND/OR OMISSION OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS,REPRESENTATIVES OR EMPLOYEES,AND REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This Agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the Agency or the Wylie. Neither party will sue or try to hold an official, officer, employee,or individual agent of the other party personally liable for any personal injuries or property damage. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims Interlocal Cooperation Agreement for Jail Services with the City of Parker Page 5 3167729 arising in the exercise of governmental powers and functions. By entering into this Agreement,the parties do not create any obligations, express or implied, other than those set forth herein. The parties do not intend to create or right for, or in favor of, a person who is not a party to this Agreement. Section 7: Amendment This agreement will not be amended or modified other than in a written agreement signed by the parties. No party will try to enforce a purported amendment that is not written and properly approved by each party's governing body under Section 791.011(d) of the Government Code. Section 8: Controlling Law; Venue This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, Texas. Section 9: Contingency Plan In the event that the Wylie Jail is damaged due to a natural disaster or man-made disaster that renders it unusable, as determined by Wylie in its sole discretion, Wylie will notify Agency that Wylie can no longer receive detainees under this Agreement. If Agency has detainees in custody at the time of any natural or man-made disaster,Wylie will continue custody until authorization for release is received or such detainees are transferred to the Collin County Jail. Section 10: Notices 10.01: Notice (a) Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand- delivery service,Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: if the Wylie, to: (b) with a copy to: Chris Hoisted, City Manager Chief Anthony Henderson Wylie Municipal Complex Wylie Police Department 300 Country Club Rd., Building 100, 1st floor 2000 N. Hwy 78 Wylie, TX 75098 Wylie, TX 75098 Interlocal Cooperation Agreement for Jail Services with the City of Parker Page 6 3167729 (a) if the Agency, to: Section 11: Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Section 12: Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. Section 13: Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under this Agreement. Section 14: Exclusive Right to Enforce this Agreement Wylie and the Agency have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Section 15: Prior Agreements Superseded This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. This Agreement is not assignable. Section 16: No Partnership or Agency The parties hereto have not created a partnership and nothing contained in this Agreement shall in any manner whatsoever constitute any party the partner, agent or legal representative of the other Interlocal Cooperation Agreement for Jail Services with the City of Parker Page 7 3167729 party, nor create any fiduciary relationship between them for any purpose whatsoever. No party shall have any authority to act for, or to assume any obligations or responsibility on behalf of, the other party except as may be, from time to time, agreed upon in writing between the parties or as otherwise expressly provided in this Agreement. Section 17: Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party fifteen (15) days written notice of its intent to terminate. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). City of Wylie, Texas By: Date: Chris Holsted, City Manager Agency: By: Date: Print Name: Title: Interlocal Cooperation Agreement for Jail Services with the City of Parker Page 8 3167729 Interlocal Cooperation Agreement for Jail Services This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Lavon, Texas ("Agency") and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to herein as a "party" or collectively as the"parties." RECITALS: 1. Wylie has established a detainee lockup or holding facility known as the Wylie Jail, located at 2000 North Highway 78, Wylie, TX 75098 ("Wylie Jail"), for the handling, processing, housing and detention of persons (detainees) arrested by authorized law enforcement agencies. 2. Agency desires to obtain jail services from Wylie at the Wylie Jail for the handling, processing, housing and detention of persons arrested by the Lavon Police Department, and Wylie has agreed to provide such services under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code(known as the Interlocal Cooperation Act), as amended. 3. The provision of jail services is a governmental function that serves the public health, safety and welfare and is of mutual concern to the parties. 4. The parties deem it to be in the best interest of both parties to enter into this Agreement. 5. Each party paying for the performance of governmental functions or services pursuant to this Agreement is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Definitions As used in this Agreement, the following terms have the meanings set forth in this section: The term"Jail Services"means all services legally necessary to provide for the confinement in the Wylie Jail of persons (detainees) accused or convicted of an offense. Section 2: Term 2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2021, unless terminated earlier by a party in accordance with the terms of this Agreement. The parties shall have the option to extend this Agreement for one (1) additional term Interlocal Cooperation Agreement for Jail Services with the City of Lavon Page 1 3239851 of one (1) year on the same terms and conditions of this Agreement. Either party may exercise this option to extend this Agreement by giving the other party written notice thirty(30)days prior to the expiration of the then-current term. 2.02 Termination Either party may terminate this Agreement at any time and for any reason by giving the other party at least thirty(30) days prior written notice thereof. Any fees due and owing under this Agreement as of the effective date of termination shall be paid by Agency to Wylie within thirty(30) calendar days after receipt of a final invoice for services rendered. Section 3: Jail Fees 3.01 Agency shall pay to Wylie a fee for each detainee processed into the Wylie Jail and delivered by Agency regardless of the detainee's length of stay ("Detainee Fee"). The amount of the Detainee Fee shall be established by administrative order of the Wylie City Manager on an annual basis for each ensuing fiscal year based upon the projected costs of services; provided, however, the initial Detainee Fee shall be one hundred twenty-five dollars ($125.00) per detainee per day or portion thereof until changed by administrative order of the Wylie City Manager as provided herein. Any increase or change in the amount of the Detainee Fee or other costs of services shall be effective on the forty-fifth (45th) day after Wylie provides written notice thereof to Agency ("Notice of Fee Increase"), unless Wylie receives written notice to terminate this Agreement from Agency prior to expiration of such forty-five (45) day period. 3.02 Wylie shall, not later than the tenth (10th) day of each calendar quarter, provide Agency with a written report containing the number and length of stay of each Agency detainee processed into the Wylie Jail during the immediately preceding calendar quarter and an invoice for the Detainee Fees and other cost of services assessed for such reporting period. 3.03 Agency shall not pay a Detainee Fee for any Agency detainee processed into the Wylie Jail who has outstanding warrants of arrest from only Wylie or the Collin County Sheriff's Office. Section 4: Jail Services 4.01 Wylie agrees to the Jail Services, subject to the availability of space at the Wylie jail at the time the Agency requests Jail Services. Space will be unavailable when the Wylie Jail is filled to 100% of its capacity and unable to accept additional detainees. The Jail Manager is authorized to determine when the Wylie Jail is filled to 100% capacity and unable to accept additional detainees. Interlocal Cooperation Agreement for Jail Services with the City of Lavon Page 2 3239851 4.02 The Wylie Jail shall provide the following Jail Services in accordance with the Wylie Jail policies and procedures, as they exist as of the Effective Date of this Agreement and as they are amended or modified from time to time in Wylie's sole discretion: (a) Intake of detainees brought to the Wylie Jail for Class C arrests if the detainee is presented by a Peace Officer with a valid and original warrant, a certified or facsimile copy of a valid arrest warrant, a teletype confirmation or an email confirmation of the warrant. (b) Intake of detainees brought to the Wylie Jail for Class B and above arrests if the detainee is presented by a Peace Officer with a valid CCSO Custody Sheet,Probable Cause Affidavit or warrant or TTY confirmation, Transfer of Custody Sheet, Bail Request Form, respective city custody sheet and any additional required documentation as per then-current Wylie Jail policy. (c) Intake of detainees brought to the Wylie Jail with a completed inventory and storage of Agency detainee property and/or monies. Acceptance of bulk property will be limited. (d) Intake of detainees brought to the Wylie Jail with a completed medical questionnaire and a Screening Form for Suicide and Medical/Mental/Developmental Impairments (EIMI Form). (e) Photograph and fingerprint each Agency detainee. (f) Feed and clothe each detainee according to the Wylie Jail's then-current policy. (g) Handle, process and detain each Agency detainee in the Wylie Jail until such detainee is transferred to another jail facility or released on bond or by other lawful means. (h) Operate and maintain the Wylie Jail in accordance with applicable federal, state and local laws. (i) Provide magistrate services according to the Wylie Jail's then-current policy. (j) Follow the Wylie Jail's release policy upon acceptance of the appropriate fines and/or bonds posted. (k) Facilitating the transport of Agency detainees to the appropriate, longer-term detention facility. 4.03 If an Agency's detainee arrives at the Wylie Jail with a medical or other emergency that requires the detainee to be transferred to the emergency room or other facility prior to booking in Wylie's Interlocal Cooperation Agreement for Jail Services with the City of Lavon Page 3 3239851 sole discretion, Agency agrees that the arresting agency's officer will be responsible for accompanying the detainee to the emergency room or other facility. 4.04 Wylie reserves the right to refuse the intake or booking of Agency's detainee when, in the Wylie Detention Officer's sole discretion, such detainee possesses a safety threat to himself/herself or others. Section 5: Medical and Transport Services 5.01 Wylie may in its sole discretion refuse to accept for intake into the Wylie Jail any Agency detainee that appears in need of medical treatment or medical services. 5.02 Wylie shall provide medical,emergency and ambulance transport service for Agency detainees held in the Wylie Jail; provided, however, all costs incurred by Wylie for providing such services shall be charged to the Agency detainee, in accordance with the then-current Wylie policy and procedures. Agency detainees held in the Wylie Jail shall be responsible for their own medical bills and such medical, emergency and ambulance transport service charges. 5.03 Neither Wylie nor Agency may consent to medical treatment of a detainee nor admit or sign an Agency detainee into a hospital or medical facility or otherwise assume financial responsibility therefore. 5.04 Agency detainees detained for class C misdemeanor offenses may be released from the Wylie Jail if the Agency cannot provide transport services for an Agency detainee under the following conditions: (a) Reactivation of the warrant(s) for which the detained is being held; (b) Charges are filed at large; or (c) Charges are not filed. 5.05 Should the need arise for an in-custody transport for emergency medical treatment or other emergency services of an Agency detainee housed at the Wylie Jail, Wylie and Agency's agency field supervisors or Detention Manager will determine if releasing the detainee is the best possible alternative. If the Agency does not agree that the detainee should be released,Agency shall respond Interlocal Cooperation Agreement for Jail Services with the City of Lavon Page 4 3239851 to the medical facility where the detainee is transported and take custody of the detainee. In the event in-custody transport is deemed necessary, the following shall apply: (a) Wylie will arrange for transport of all detainees to the appropriate facility. (b) Wylie will provide officers as needed for escort/transport to the facility for a maximum time of one (1) hour beginning at the initial dispatched time. (c) Agency will be notified within five (5) minutes of dispatching a detainee escort and will have the responsibility to provide a relief officer within one (1) hour of initial dispatched time, or will arrange to release the inmate prior to that time. (d) Agency will make every effort to relieve Wylie Officers in the timeliest manner, regardless of the one (1) hour maximum time allowed for response. (e) If Wylie Police/Jail and the Agency agree that the detainee would be a public safety risk if released from custody and the Agency cannot take custody of the detainee in a reasonable time as provided in (c) above at the appropriate facility, the Agency will be responsible for the Wylie Police Department Officer's hourly rate or overtime rate, if applicable,until a transfer of custody from Wylie to Agency. Section 6: Civil Liability The Agency, as the governmental unit requesting and obtaining services under this Agreement, is responsible for one hundred percent(100%)of any civil liability that arises from Wylie's furnishing of the services under this Agreement, including the Jail Services, as provided by Section 791.006 of the Texas Government Code. To THE EXTENT PERMITTED BY LAW, AGENCY SHALL DEFEND,RELEASE,INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS,DAMAGES OR JUDGMENTS,INCLUDING ALL EXPENSES,ATTORNEY FEES,WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF WYLIE'S PERFORMANCE UNDER THIS AGREEMENT,INCLUDING,BUT NOT LIMITED TO, THE INTENTIONAL OR NEGLIGENT ACT AND/OR OMISSION OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS,REPRESENTATIVES OR EMPLOYEES,AND REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This Agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the Agency or the Wylie. Neither party will sue or try to hold an official, officer, employee,or individual agent of the other party personally liable for any personal injuries or property damage. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims Interlocal Cooperation Agreement for Jail Services with the City of Lavon Page 5 3239851 arising in the exercise of governmental powers and functions. By entering into this Agreement,the parties do not create any obligations, express or implied, other than those set forth herein. The parties do not intend to create or right for, or in favor of, a person who is not a party to this Agreement. Section 7: Amendment This agreement will not be amended or modified other than in a written agreement signed by the parties. No party will try to enforce a purported amendment that is not written and properly approved by each party's governing body under Section 791.011(d) of the Government Code. Section 8: Controlling Law; Venue This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, Texas. Section 9: Contingency Plan In the event that the Wylie Jail is damaged due to a natural disaster or man-made disaster that renders it unusable, as determined by Wylie in its sole discretion, Wylie will notify Agency that Wylie can no longer receive detainees under this Agreement. If Agency has detainees in custody at the time of any natural or man-made disaster,Wylie will continue custody until authorization for release is received or such detainees are transferred to the Collin County Jail. Section 10: Notices 10.01: Notice (a) Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand- delivery service,Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: if the Wylie, to: (b) with a copy to: Chris Hoisted, City Manager Chief Anthony Henderson Wylie Municipal Complex Wylie Police Department 300 Country Club Rd., Building 100, 1st floor 2000 N. Hwy 78 Wylie, TX 75098 Wylie, TX 75098 Interlocal Cooperation Agreement for Jail Services with the City of Lavon Page 6 3239851 (a) if the Agency, to: Section 11: Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Section 12: Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. Section 13: Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under this Agreement. Section 14: Exclusive Right to Enforce this Agreement Wylie and the Agency have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Section 15: Prior Agreements Superseded This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. This Agreement is not assignable. Section 16: No Partnership or Agency The parties hereto have not created a partnership and nothing contained in this Agreement shall in any manner whatsoever constitute any party the partner, agent or legal representative of the other Interlocal Cooperation Agreement for Jail Services with the City of Lavon Page 7 3239851 party, nor create any fiduciary relationship between them for any purpose whatsoever. No party shall have any authority to act for, or to assume any obligations or responsibility on behalf of, the other party except as may be, from time to time, agreed upon in writing between the parties or as otherwise expressly provided in this Agreement. Section 17: Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party fifteen (15) days written notice of its intent to terminate. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). City of Wylie, Texas By: Date: Chris Holsted, City Manager Agency: By: Date: Print Name: Title: Interlocal Cooperation Agreement for Jail Services with the City of Lavon Page 8 3239851 Interlocal Cooperation Agreement for Jail Services This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Josephine, Texas ("Agency") and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to herein as a "party" or collectively as the"parties." RECITALS: 1. Wylie has established a detainee lockup or holding facility known as the Wylie Jail, located at 2000 North Highway 78, Wylie, TX 75098 ("Wylie Jail"), for the handling, processing, housing and detention of persons (detainees) arrested by authorized law enforcement agencies. 2. Agency desires to obtain jail services from Wylie at the Wylie Jail for the handling, processing, housing and detention of persons arrested by the Josephine Police Department, and Wylie has agreed to provide such services under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code (known as the Interlocal Cooperation Act), as amended. 3. The provision of jail services is a governmental function that serves the public health, safety and welfare and is of mutual concern to the parties. 4. The parties deem it to be in the best interest of both parties to enter into this Agreement. 5. Each party paying for the performance of governmental functions or services pursuant to this Agreement is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Definitions As used in this Agreement, the following terms have the meanings set forth in this section: The term"Jail Services"means all services legally necessary to provide for the confinement in the Wylie Jail of persons (detainees) accused or convicted of an offense. Section 2: Term 2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2021, unless terminated earlier by a party in accordance with the terms of this Agreement. The parties shall have the option to extend this Agreement for one (1) additional term Interlocal Cooperation Agreement for Jail Services with the City of Josephine Page 1 3239854 of one (1) year on the same terms and conditions of this Agreement. Either party may exercise this option to extend this Agreement by giving the other party written notice thirty(30)days prior to the expiration of the then-current term. 2.02 Termination Either party may terminate this Agreement at any time and for any reason by giving the other party at least thirty(30) days prior written notice thereof. Any fees due and owing under this Agreement as of the effective date of termination shall be paid by Agency to Wylie within thirty(30) calendar days after receipt of a final invoice for services rendered. Section 3: Jail Fees 3.01 Agency shall pay to Wylie the annual sum of five thousand dollars ($5,000), regardless of the number of Agency detainees processed into the Wylie Jail or delivered by Agency and regardless of the Agency detainee's length of stay("Detainee Fee"). The Detainee Fee is due and payable by Agency to Wylie within ten(10) days of the Effective Date of this Agreement and thereafter on the anniversary of the Effective Date provided that this Agreement continues in effect or has been extended. The Detainee Fee is not refundable. 3.02 Wylie shall, not later than the tenth (10th) day of each calendar quarter, provide Agency with a written report containing the number and length of stay of each Agency detainee processed into the Wylie Jail during the immediately preceding calendar quarter. Section 4: Jail Services 4.01 Wylie agrees to the Jail Services, subject to the availability of space at the Wylie jail at the time the Agency requests Jail Services. Space will be unavailable when the Wylie Jail is filled to 100% of its capacity and unable to accept additional detainees. The Jail Manager is authorized to determine when the Wylie Jail is filled to 100% capacity and unable to accept additional detainees. 4.02 The Wylie Jail shall provide the following Jail Services in accordance with the Wylie Jail policies and procedures, as they exist as of the Effective Date of this Agreement and as they are amended or modified from time to time in Wylie's sole discretion: (a) Intake of detainees brought to the Wylie Jail for Class C arrests if the detainee is presented by a Peace Officer with a valid and original warrant, a certified or facsimile copy of a valid arrest warrant, a teletype confirmation or an email confirmation of the warrant. Interlocal Cooperation Agreement for Jail Services with the City of Josephine Page 2 3239854 (b) Intake of detainees brought to the Wylie Jail for Class B and above arrests if the detainee is presented by a Peace Officer with a valid CCSO Custody Sheet,Probable Cause Affidavit or warrant or TTY confirmation, Transfer of Custody Sheet, Bail Request Form, respective city custody sheet and any additional required documentation as per then-current Wylie Jail policy. (c) Intake of detainees brought to the Wylie Jail with a completed inventory and storage of Agency detainee property and/or monies. Acceptance of bulk property will be limited. (d) Intake of detainees brought to the Wylie Jail with a completed medical questionnaire and a Screening Form for Suicide and Medical/Mental/Developmental Impairments (EIMI Form). (e) Photograph and fingerprint each Agency detainee. (f) Feed and clothe each detainee according to the Wylie Jail's then-current policy. (g) Handle, process and detain each Agency detainee in the Wylie Jail until such detainee is transferred to another jail facility or released on bond or by other lawful means. (h) Operate and maintain the Wylie Jail in accordance with applicable federal, state and local laws. (i) Provide magistrate services according to the Wylie Jail's then-current policy. (j) Follow the Wylie Jail's release policy upon acceptance of the appropriate fines and/or bonds posted. (k) Facilitating the transport of Agency detainees to the appropriate, longer-term detention facility. 4.03 If an Agency's detainee arrives at the Wylie Jail with a medical or other emergency that requires the detainee to be transferred to the emergency room or other facility prior to booking in Wylie's sole discretion, Agency agrees that the arresting agency's officer will be responsible for accompanying the detainee to the emergency room or other facility. 4.04 Wylie reserves the right to refuse the intake or booking of Agency's detainee when, in the Wylie Detention Officer's sole discretion, such detainee possesses a safety threat to himself/herself or others. Section 5: Medical and Transport Services Interlocal Cooperation Agreement for Jail Services with the City of Josephine Page 3 3239854 5.01 Wylie may in its sole discretion refuse to accept for intake into the Wylie Jail any Agency detainee that appears in need of medical treatment or medical services. 5.02 Wylie shall provide medical,emergency and ambulance transport service for Agency detainees held in the Wylie Jail; provided, however, all costs incurred by Wylie for providing such services shall be charged to the Agency detainee, in accordance with the then-current Wylie policy and procedures. Agency detainees held in the Wylie Jail shall be responsible for their own medical bills and such medical, emergency and ambulance transport service charges. 5.03 Neither Wylie nor Agency may consent to medical treatment of a detainee nor admit or sign an Agency detainee into a hospital or medical facility or otherwise assume financial responsibility therefore. 5.04 Agency detainees detained for class C misdemeanor offenses may be released from the Wylie Jail if the Agency cannot provide transport services for an Agency detainee under the following conditions: (a) Reactivation of the warrant(s) for which the detained is being held; (b) Charges are filed at large; or (c) Charges are not filed. 5.05 Should the need arise for an in-custody transport for emergency medical treatment or other emergency services of an Agency detainee housed at the Wylie Jail, Wylie and Agency's agency field supervisors or Detention Manager will determine if releasing the detainee is the best possible alternative. If the Agency does not agree that the detainee should be released,Agency shall respond to the medical facility where the detainee is transported and take custody of the detainee. In the event in-custody transport is deemed necessary, the following shall apply: (a) Wylie will arrange for transport of all detainees to the appropriate facility. (b) Wylie will provide officers as needed for escort/transport to the facility for a maximum time of one (1) hour beginning at the initial dispatched time. (c) Agency will be notified within five (5) minutes of dispatching a detainee escort and will have the responsibility to provide a relief officer within one (1) hour of initial dispatched time, or will arrange to release the inmate prior to that time. Interlocal Cooperation Agreement for Jail Services with the City of Josephine Page 4 3239854 (d) Agency will make every effort to relieve Wylie Officers in the timeliest manner, regardless of the one (1) hour maximum time allowed for response. (e) If Wylie Police/Jail and the Agency agree that the detainee would be a public safety risk if released from custody and the Agency cannot take custody of the detainee in a reasonable time as provided in (c) above at the appropriate facility, the Agency will be responsible for the Wylie Police Department Officer's hourly rate or overtime rate, if applicable,until a transfer of custody from Wylie to Agency. Section 6: Civil Liability The Agency, as the governmental unit requesting and obtaining services under this Agreement, is responsible for one hundred percent(100%)of any civil liability that arises from Wylie's furnishing of the services under this Agreement, including the Jail Services, as provided by Section 791.006 of the Texas Government Code. To THE EXTENT PERMITTED BY LAW, AGENCY SHALL DEFEND,RELEASE,INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS,DAMAGES OR JUDGMENTS,INCLUDING ALL EXPENSES,ATTORNEY FEES,WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF WYLIE'S PERFORMANCE UNDER THIS AGREEMENT,INCLUDING,BUT NOT LIMITED TO, THE INTENTIONAL OR NEGLIGENT ACT AND/OR OMISSION OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS,REPRESENTATIVES OR EMPLOYEES,AND REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This Agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the Agency or the Wylie. Neither party will sue or try to hold an official, officer, employee,or individual agent of the other party personally liable for any personal injuries or property damage. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. The parties do not intend to create or right for, or in favor of, a person who is not a party to this Agreement. Section 7: Amendment This agreement will not be amended or modified other than in a written agreement signed by the parties. No party will try to enforce a purported amendment that is not written and properly approved by each party's governing body under Section 791.011(d) of the Government Code. Interlocal Cooperation Agreement for Jail Services with the City of Josephine Page 5 3239854 Section 8: Controlling Law; Venue This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, Texas. Section 9: Contingency Plan In the event that the Wylie Jail is damaged due to a natural disaster or man-made disaster that renders it unusable, as determined by Wylie in its sole discretion, Wylie will notify Agency that Wylie can no longer receive detainees under this Agreement. If Agency has detainees in custody at the time of any natural or man-made disaster,Wylie will continue custody until authorization for release is received or such detainees are transferred to the Collin County Jail. Section 10: Notices 10.01: Notice (a) Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand- delivery service,Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: if the Wylie, to: (b) with a copy to: Chris Holsted, City Manager Chief Anthony Henderson Wylie Municipal Complex Wylie Police Department 300 Country Club Rd., Building 100, 1st floor 2000 N. Hwy 78 Wylie, TX 75098 Wylie, TX 75098 (a) if the Agency, to: Interlocal Cooperation Agreement for Jail Services with the City of Josephine Page 6 3239854 Section 11: Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Section 12: Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. Section 13: Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under this Agreement. Section 14: Exclusive Right to Enforce this Agreement Wylie and the Agency have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Section 15: Prior Agreements Superseded This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. This Agreement is not assignable. Section 16: No Partnership or Agency The parties hereto have not created a partnership and nothing contained in this Agreement shall in any manner whatsoever constitute any party the partner, agent or legal representative of the other party, nor create any fiduciary relationship between them for any purpose whatsoever. No party shall have any authority to act for, or to assume any obligations or responsibility on behalf of, the other party except as may be, from time to time, agreed upon in writing between the parties or as otherwise expressly provided in this Agreement. Section 17: Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, Interlocal Cooperation Agreement for Jail Services with the City of Josephine Page 7 3239854 or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party fifteen(15) days written notice of its intent to terminate. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement("Effective Date"). City of Wylie, Texas By: Date: Chris Hoisted, City Manager Agency: By: Date: Print Name: Title: Interlocal Cooperation Agreement for Jail Services with the City of Josephine Page 8 3239854 Interlocal Cooperation Agreement for Jail Services This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the Collin County Sheriff's Office ("Agency") and the City of Wylie, Texas, a home-rule municipality ("Wylie"). Wylie and Agency are at times each referred to herein as a "party" or collectively as the"parties." RECITALS: 1. Wylie has established a detainee lockup or holding facility known as the Wylie Jail, located at 2000 North Highway 78, Wylie, TX 75098 ("Wylie Jail"), for the handling, processing, housing and detention of persons (detainees) arrested by authorized law enforcement agencies. 2. Agency desires to access and use the Wylie Jail for the handling, processing, housing and detention of persons arrested by Agency and for office space as provided by Wylie for use by Agency employees in preparing briefings, reports and other approved activities, and Wylie has agreed to provide such access and use under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code (known as the Interlocal Cooperation Act), as amended. 3. Agency has agreed to transport detainees held at the Wylie Jail to the Collin County Jail. 4. The provision of such services is a governmental function that serves the public health,safety and welfare and is of mutual concern to the parties. 5. The parties deem it to be in the best interest of both parties to enter into this Agreement. 6. The consideration for the performance of governmental functions or services pursuant to this Agreement is in an amount that fairly compensates the performing party for the services or functions performed under this Agreement. NOW, THEREFORE, in consideration of the foregoing and on the terms and conditions hereinafter set forth, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1: Definitions As used in this Agreement, the following terms have the meanings set forth in this section: The term"Jail Services"means all services legally necessary to provide for the confinement in the Wylie Jail of persons (detainees) accused or convicted of an offense. Section 2: Term Interlocal Cooperation Agreement for Jail Services with the CCSO Page 1 2.01 Term The term of this Agreement shall begin on the Effective Date of this Agreement and end on September 30, 2021, unless terminated earlier by a party in accordance with the terms of this Agreement. The parties shall have the option to extend this Agreement for one (1) additional term of one (1) year on the same terms and conditions of this Agreement. Either party may exercise this option to extend this Agreement by giving the other party written notice thirty(30)days prior to the expiration of the then-current term. 2.02 Termination Either party may terminate this Agreement at any time and for any reason by giving the other party at least thirty(30) days prior written notice thereof. Section 3: Jail Fees There will be no jail fees charged under this Agreement. Section 4: Jail Services 4.01 Wylie agrees to the Jail Services, subject to the availability of space at the Wylie jail at the time the Agency requests Jail Services. Space will be unavailable when the Wylie Jail is filled to 100% of its capacity and unable to accept additional detainees. The Jail Manager is authorized to determine when the Wylie Jail is filled to 100% capacity and unable to accept additional detainees. 4.02 The Wylie Jail shall provide the following Jail Services in accordance with the Wylie Jail policies and procedures, as they exist as of the Effective Date of this Agreement and as they are amended or modified from time to time in Wylie's sole discretion: (a) Intake of detainees brought to the Wylie Jail for Class C arrests if the detainee is presented by a Peace Officer with a valid and original warrant, a certified or facsimile copy of a valid arrest warrant, a teletype confirmation or an email confirmation of the warrant. (b) Intake of detainees brought to the Wylie Jail for Class B and above arrests if the detainee is presented by a Peace Officer with a valid CCSO Custody Sheet,Probable Cause Affidavit or warrant or TTY confirmation, Transfer of Custody Sheet, Bail Request Form, respective city custody sheet and any additional required documentation as per then-current Wylie Jail policy. (c) Intake of detainees brought to the Wylie Jail with a completed inventory and storage of Agency detainee property and/or monies. Acceptance of bulk property will be limited. Interlocal Cooperation Agreement for Jail Services with the CCSO Page 2 (d) Intake of detainees brought to the Wylie Jail with a completed medical questionnaire and a Screening Form for Suicide and Medical/Mental/Developmental Impairments (EIMI Form). (e) Photograph and fingerprint each Agency detainee. (f) Feed and clothe each detainee according to the Wylie Jail's then-current policy. (g) Handle, process and detain each Agency detainee in the Wylie Jail until such detainee is transferred to another jail facility or released on bond or by other lawful means. (h) Operate and maintain the Wylie Jail in accordance with applicable federal, state and local laws. (i) Provide magistrate services according to the Wylie Jail's then-current policy. (j) Follow the Wylie Jail's release policy upon acceptance of the appropriate fines and/or bonds posted. 4.03 If an Agency's detainee arrives at the Wylie Jail with a medical or other emergency that requires the detainee to be transferred to the emergency room or other facility prior to booking in Wylie's sole discretion, Agency agrees that the arresting agency's officer will be responsible for accompanying the detainee to the emergency room or other facility. 4.04 Wylie reserves the right to refuse the intake or booking of Agency's detainee when, in the Wylie Detention Officer's sole discretion, such detainee possesses a safety threat to himself/herself or others. 4.05 Agency shall promptly conduct jail transports of detainees from the Wylie Jail to the Collin County Jail upon reasonable notification that a detainee is ready to be transported. Section 5: Medical and Transport Services 5.01 Wylie may in its sole discretion refuse to accept for intake into the Wylie Jail any Agency detainee that appears in need of medical treatment or medical services. 5.02 Wylie shall provide medical,emergency and ambulance transport service for Agency detainees held in the Wylie Jail; provided, however, all costs incurred by Wylie for providing such services shall Interlocal Cooperation Agreement for Jail Services with the CCSO Page 3 be charged to the Agency detainee, in accordance with the then-current Wylie policy and procedures. Agency detainees held in the Wylie Jail shall be responsible for their own medical bills and such medical, emergency and ambulance transport service charges. 5.03 Neither Wylie nor Agency may consent to medical treatment of a detainee nor admit or sign an Agency detainee into a hospital or medical facility or otherwise assume financial responsibility therefore. 5.04 Agency detainees detained for class C misdemeanor offenses may be released from the Wylie Jail if the Agency cannot provide transport services for an Agency detainee under the following conditions: (a) Reactivation of the warrant(s) for which the detained is being held; (b) Charges are filed at large; or (c) Charges are not filed. 5.05 Should the need arise for an in-custody transport for emergency medical treatment or other emergency services of an Agency detainee housed at the Wylie Jail, Wylie and Agency's agency field supervisors or Detention Manager will determine if releasing the detainee is the best possible alternative. If the Agency does not agree that the detainee should be released,Agency shall respond to the medical facility where the detainee is transported and take custody of the detainee. In the event in-custody transport is deemed necessary, the following shall apply: (a) Wylie will arrange for transport of all detainees to the appropriate facility. (b) Wylie will provide officers as needed for escort/transport to the facility for a maximum time of one (1) hour beginning at the initial dispatched time. (c) Agency will be notified within five (5) minutes of dispatching a detainee escort and will have the responsibility to provide a relief officer within one (1) hour of initial dispatched time, or will arrange to release the inmate prior to that time. (d) Agency will make every effort to relieve Wylie Officers in the timeliest manner, regardless of the one (1) hour maximum time allowed for response. Section 6: Civil Liability The Agency, as the governmental unit requesting and obtaining services under this Agreement, is responsible for one hundred percent(100%)of any civil liability that arises from Wylie's furnishing of the services under this Agreement, including the Jail Services, as provided by Section 791.006 of the Texas Government Code. Interlocal Cooperation Agreement for Jail Services with the CCSO Page 4 TO THE EXTENT PERMITTED BY LAW, AGENCY SHALL DEFEND,RELEASE,INDEMNIFY AND HOLD HARMLESS WYLIE AND ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS,DAMAGES OR JUDGMENTS,INCLUDING ALL EXPENSES,ATTORNEY FEES,WITNESS FEES, COSTS, AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF WYLIE'S PERFORMANCE UNDER THIS AGREEMENT,INCLUDING,BUT NOT LIMITED TO, THE INTENTIONAL OR NEGLIGENT ACT AND/OR OMISSION OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS,REPRESENTATIVES OR EMPLOYEES,AND REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE OR ITS CITY COUNCIL, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This Agreement does not create any form of personal liability on the part of any official, officer, employee, or agent who is an individual of the Agency or the Wylie. Neither party will sue or try to hold an official, officer, employee,or individual agent of the other party personally liable for any personal injuries or property damage. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. The parties do not intend to create or right for, or in favor of, a person who is not a party to this Agreement. Section 7: Amendment This agreement will not be amended or modified other than in a written agreement signed by the parties. No party will try to enforce a purported amendment that is not written and properly approved by each party's governing body under Section 791.011(d) of the Government Code. Section 8: Controlling Law; Venue This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, Texas. Section 9: Contingency Plan In the event that the Wylie Jail is damaged due to a natural disaster or man-made disaster that renders it unusable, as determined by Wylie in its sole discretion, Wylie will notify Agency that Wylie can no longer receive detainees under this Agreement. If Agency has detainees in custody at the time of any natural or man-made disaster,Wylie will continue custody until authorization for release is received or such detainees are transferred to the Collin County Jail. Interlocal Cooperation Agreement for Jail Services with the CCSO Page 5 Section 10: Notices 10.01: Notice (a) Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand- delivery service,Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: (b) if to Wylie, to: (b)with a copy to: Chris Holsted, City Manager Chief Anthony Henderson Wylie Municipal Complex Wylie Police Department 300 Country Club Rd., Building 100, 1st floor 2000 N. Hwy 78 Wylie, TX 75098 Wylie, TX 75098 (a) if to Agency, to: Section 11: Captions The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit or expand the express provision of this Agreement. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Section 12: Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. Interlocal Cooperation Agreement for Jail Services with the CCSO Page 6 Section 13: Obligations of Condition All obligations of each party under this Agreement are conditions to further performance of the other party's continued performance of its obligation under this Agreement. Section 14: Exclusive Right to Enforce this Agreement Wylie and the Agency have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. Section 15: Prior Agreements Superseded This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. This Agreement is not assignable. Section 16: No Partnership or Agency The parties hereto have not created a partnership and nothing contained in this Agreement shall in any manner whatsoever constitute any party the partner, agent or legal representative of the other party, nor create any fiduciary relationship between them for any purpose whatsoever. No party shall have any authority to act for, or to assume any obligations or responsibility on behalf of, the other party except as may be, from time to time, agreed upon in writing between the parties or as otherwise expressly provided in this Agreement. Section 17: Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party fifteen(15) days written notice of its intent to terminate. [Signature page follows.] Interlocal Cooperation Agreement for Jail Services with the CCSO Page 7 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature below) will be deemed the effective date of this Agreement ("Effective Date"). City of Wylie, Texas By: Date: Chris Holsted, City Manager Agency: By: Date: Print Name: Title: Interlocal Cooperation Agreement for Jail Services with the CCSO Page 8 IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: K Department: Library (City Secretary's Use Only) Prepared By: Ofilia Barrera Account Code: Date Prepared: October 29,2020 Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2020-61 of the City of Wylie,Texas; amending the Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C,Wylie Comprehensive Fee Schedule, Section VIII (Public Library), Subsection A (Library Fees), for the purpose of requiring fees associated with circulating hotspots. Recommendation Motion to approve Ordinance No. 2020-61 of the City of Wylie, Texas; amending the Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C, Wylie Comprehensive Fee Schedule, Section VIII (Public Library), Subsection A (Library Fees), for the purpose of requiring fees associated with circulating hotspots. Discussion Staff has reviewed the Comprehensive Fee Schedule and recommends modifications to the section as stated below. VIII. Public Library A. Library Fees Hotspots: • Extended use fee $.50 per day • Replacement parts and processing fee $15 • Replacement cost$100(device $85 +replacement parts and processing fee $15) These hotspots are made possible by the Texas State Library and Archives Commission CARES grant,which was awarded to us to increase community access to vital digital technologies. Page 1 of 1 ORDINANCE NO. 2020-61 AN ORDINANCE OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 2005-07, AS AMENDED, APPENDIX C, WYLIE COMPREHENSIVE FEE SCHEDULE, SECTION VIII (PUBLIC LIBRARY), SUBSECTION A (LIBRARY FEES); FOR THE PURPOSE OF REQUIRING FEES ASSOCIATED WITH CIRCULATING HOTSPOTS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE 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 Ordinance No. 2005-7, as amended, Code of Ordinances by modifying Appendix C, Wylie Comprehensive Fee Schedule, Section VIII (Public Library), Subsection A (Library Fees) for the purpose of modifying provisions requiring the payment of certain fees to the Smith Public Library; and WHEREAS, the City Council finds that it is in the best interest of Wylie and its citizens to amend the Code of ordinances as set forth below. NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Appendix C,Wylie Comprehensive Fee Schedule, Section VIII (Public Library), Subsection A (Library Fees). Appendix C, Wylie Comprehensive Fee Schedule, Section VIII (Public Library), Subsection A (Library Fees) is hereby amended to add the following: VIII. Public Library A. Library Fees Fees associated with circulating hotspots: Extended use fee $.50 per day Ordinance No.2020-61 -Library Fees for Hotspots Page 1 of 2 Replacement parts and processing fee $15 Replacement cost$100(Device$85+replacement parts and processing fee $15) SECTION 3: Savings/Repealing. 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, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: 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 5: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED, by the City Council of the City of Wylie, Collin County, Texas, on this the 17th day of November, 2020. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary DATE OF PUBLICATION:November 25,2020,in the Wylie News Ordinance No.2020-61 -Library Fees for Hotspots Page 2 of 2 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17, 2020 Item Number: L Department: Purchasing Account Code: 100-5155-56180 Prepared By: Glenna Hayes Budgeted Amount: $82,000 Date Prepared: November 11,2020 Exhibits: Subject Consider,and act upon,the approval of a 36-month lease for copiers from Canon Solutions America,Inc.in the estimated annual amount of$73,275 through a cooperative purchasing contract with Omnia Partners Cooperative (#18-020-LG), and authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve a 36-month lease for copiers from Canon Solutions America, Inc. in the estimated annual amount of$73,275 through a cooperative purchasing contract with Omnia Partners Cooperative (#18-020-LG), and authorizing the City Manager to execute any necessary documents. Discussion The current copiers were installed in October 2016 on an original 36-month lease. Purchasing elected to delay the upgrade and replacement of the copiers until the Public Safety Building renovations had been completed to keep all of the lease agreement coterminous. Staff reviewed both the Xerox and Canon copiers available through various cooperative purchasing organizations, and have determined the Canon 50 PPM to be more efficient in the cost per page as well as the monthly base lease. Staff also recommends the addition of the Uniflow cloud-based software on each machine, which will significantly reduce IT management costs for the copiers. Uniflow is a central repository for drivers, maintenance, and settings. It will allow employees to retrieve documents at any copier, and scanning directly to Google Drive and Laserfiche. Staff recommends a 36-month lease for 20 copiers (including one Library Patron coin-op unit) from Canon Solutions America, Inc. as providing the best overall 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. (Omnia Partners Cooperative#18-020-LG/Wylie#W2021-1-I) Page 1 of 1 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17, 2020 Item Number: M Department: Purchasing Account Code: 100-5211-58510(PD) Prepared By: Glenna Hayes Budgeted Amount: $45,000 Date Prepared: November 11,2020 Exhibits: Subject Consider, and act upon, rescinding the purchase of a jail transport van and in the amount of $45,000 from Reliable Chevrolet 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 rescinding the purchase of a jail transport van and in the amount of$45,000 from Reliable Chevrolet through an inter-local purchasing agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to execute any necessary documents. Discussion This item was previous approved by the City of Wylie City Council on October 13, 2020 consent agenda. The Police Department has elected to not purchase this item from Reliable Chevrolet through the SAT Contract#20-01-1017,and is seeking quotes through other cooperative organizations. Staff recommends rescinding the original award. Page 1 of 1 IAI vrf Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: N Department: Purchasing Account Code: 100-5181-56040 Prepared By: Glenna Hayes Budgeted Amount: $42,680.00 Date Prepared: November 11,2020 Exhibits: Resolution; Renewal Five Subject Consider, and act upon, Resolution No. 2020-60(R), to ratify an interlocal Environmental Health Services Agreement with Collin County in the amount of$42,680.00; authorizing the City Manager to execute any necessary documents. Recommendation A motion to approve Resolution No. 2020-60(R),to ratify an interlocal Environmental Health Services Agreement with Collin County in the amount of$42,680.00; authorizing the City Manager to execute any necessary documents. Discussion The City of Wylie has been partnering with Collin County since 2003 through an interlocal agreement for environmental Health Services. The Environmental Health Services contract includes the inspection of day care facilities, restaurants, schools,food service facilities,public swimming pools,bed and breakfast establishments, and hotels/motels. The City entered into a new agreement effective July 30, 2015 for an initial one (1) year term(10/1/2015 —9/30/2016) with five (5) additional renewal terms. Through an administrative error, this agreement was not initially submitted for approval by the City of Wylie City Council,as required by Texas Government Code 791.011. Staff recommends approval of the final renewal of the current agreement, and this item is to recommend ratification of the original annual agreement with renewals. Previous years expenses have all been less than$50,000 and were signed annually by the authorized City Manager. Page 1 of 1 RESOLUTION NO. 2020-60(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RATIFY AN INTERLOCAL ENVIRONMENTAL SERVICES AGREEMENT WITH COLLIN COUNTY, TEXAS FOR ENVIRONMENTAL HEALTH CARE SERVICES. WHEREAS, Chapter 791 of the Texas Government Code does permit Interlocal Agreements between local governments for the purpose of purchasing goods and services; and WHEREAS, Chapter 791 of the Texas Government Code requires authorization by the governing body of each party; and WHEREAS, the City of Wylie has entered into an annual interlocal agreement for Environmental Health Care Services to be provided by Collin County; and WHEREAS, the annual agreements were previously signed by the authorized City Manager; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to ratify on behalf of the City Council of the City of Wylie, Texas, an annual interlocal agreement for Environmental Health Services provided by Collin County in the amount of$42,680.00 for fiscal year 10/1/2020—9/30/2021; and SECTION 2: The City Manager of the City of Wylie,Texas is hereby authorized to execute on behalf of the City Council of the City of Wylie, Texas, an interlocal agreement between Collin County and the City of Wylie. SECTION 3: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED, by the City Council of the City of Wylie, Texas on this the 17th day of November, 2020. Matthew Porter, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No.2020-60(R)—Interlocal Environmental Health Services Agreement w/Collin County Page 1 of 1 Office of the Purchasing Agent Collin County Administration Building 4COL L I N Contract Amendment Five (5) 2300 Bloomdale Rd, Ste 3160 COUNTY IF McKinney,TX 75071 972-548-4165 Vendor: City of Wylie Effective Date 10/1/2020 300 Country Club Bldg. 100 Contract No. 2015-335 Wylie,TX 75098 Contract Interlocal Agreement for Environmental Services Awarded by Court Order No.: 2015-602-09-14 Contract Amendment No.: 1 Court Order No. 2016-823-10-24 Contract Amendment No.: 2 Court Order No. 2017-675-09-11 Contract Amendment No.: 3 Court Order No. 2019-069-01-28 Contract Amendment No.: 4 Court Order No. 2019-846-09-23 Contract Amendment No.: 5 Court Order No. YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT ITEM #1: Extend agreement for a one (1)year period as provided for in section 2.0 of the agreement. Agreement shall be in effect from October 1, 2020,through and including September 30, 2021. Item #2: Add Force Majeure to Terms and Conditions: Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party's reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockades in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a "Force Majeure Event"). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event. Total amount for fiscal year 2021: $42,680.00 53,350 residents x $.80 per resident. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY (Print Name) COMMISSIONERS' COURT CITY OF WYLIE Collin County Administration Building 300 Country Club Bldg. 100 2300 Bloomdale Rd,Ste 3160 Wylie,TX 75098 McKinney,Texas 75071 SIGNATURE Michalyn Rains, CPPO, CPPB TITLE: Purchasing Agent DATE: DATE: IA! fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: 4 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: November 11,2020 Exhibits: Subject Consider,and act upon,the appointment of Mayor pro tern for a term beginning December 2020 and ending May 2021. Recommendation Motion to approve the appointment of as Mayor pro tern for a term beginning December 2020 and ending May 2021. Discussion With the postponement of the May election, Council approved the reappointment of Jeff Forrester at the May 12, 2020 Council meeting until the next regular City election,November 2020. Based on the language of the Charter, the Mayor pro tern shall be a councilman elected by the City Council at the first regular City Council meeting following each regular City election. The Mayor pro tern shall act as Mayor during the disability or absence of the Mayor,and in this capacity shall have the rights conferred upon the Mayor. Page 1 of 1 IA! fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: 5 Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: September 10,2020 Exhibits: Ordinance Subject Consider,and act upon, Ordinance No. 2020-62 amending Ordinance Nos. 2020-24,2020-25, 2020-26,2020-29,2020-31, 2020-35,2020-38,2020-41, 2020-48, and 2020-53 Continuing or Renewing the Mayor's Declaration of Local Disaster for a Public Health Emergency and establishing new orders to help abate the COVID-19 public health crisis. Recommendation Motion to approve Ordinance No. 2020-62 amending Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35,2020-38,2020-41, 2020-48, and 2020-53 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, September 8, and October 13, 2020 the City Council adopted Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, 2020-38, 2020-41, 2020-48, and 2020-53 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 November 17, 2020. Page 1 of 1 ORDINANCE NO. 2020-62 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, 2020-48, AND 2020-53; 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 Ordinance No.2020-62—Amending Ord.Nos.2020-24,25,26,29,31,35,38,41,48,and 53 Extending Declaration of Disaster 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 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 Ordinance No.2020-62-Amending Ord.Nos.2020-24,25,26,29,31,35,38,41,48,and 53 Extending Declaration of Disaster WHEREAS,on May 26,2020,the City Council adopted Ordinance No. 2020-35,which amended Ordinance No. 2020-24, Ordinance No. 2020-25, Ordinance No. 2020-26, Ordinance No. 2020- 29, and Ordinance No. 2020-31; and WHEREAS, on June 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 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, on October 13, 2020, the City Council adopted Ordinance No. 2020-53 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,Ordinance No. 2020-41; and Ordinance No. 2020-48; and WHEREAS, on October 21,2020,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 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 October 13, 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, Dallas County, Rockwall County and others, and the City Council has concluded that it is necessary to amend Ordinance Nos. 2020-53, 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 Ordinance No.2020-62-Amending Ord.Nos.2020-24,25,26,29,31,35,38,41,48,and 53 Extending Declaration of Disaster 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. 2020-53, 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 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 Ordinance No.2020-62—Amending Ord.Nos.2020-24,25,26,29,31,35,38,41,48,and 53 Extending Declaration of Disaster pandemic. The City Council authorizes any member of Council, staff,and decision-making boards who is sick, or unable to attend the meeting in person, to conduct their public meetings via telephone conference pursuant to Texas Government Code Section 551.125(b) and/or the Order of the Governor of the State of Texas temporarily suspending certain provisions of the Texas Open Meetings Act, guidance received from the Texas Attorney General's Office and/or other law or order. SECTION 6.The City Council hereby authorizes the City Manager to temporarily waive any City Code regulations that are difficult or impossible to comply with during the term of this declaration of disaster as long as it is not inconsistent with state law. SECTION 7.Pursuant to Section 122.006 of the Texas Health and Safety Code,the City of Wylie is authorized to adopt rules to protect the health of persons in the City of Wylie, including quarantine rules to protect its residents against communicable disease and provide for the establishment of quarantine stations, emergency hospitals, and other hospitals. SECTION 8. The City Council hereby finds and declares that this declaration authorizes the use of all lawfully available enforcement measures. A failure to comply with the City's Emergency Management Plan, or a rule, order or Ordinance adopted under the Plan, including this Ordinance, is punishable as authorized in Section 418.173 of the Texas Government Code. This Ordinance incorporates Executive Orders GA 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 Ordinance No.2020-62—Amending Ord.Nos.2020-24,25,26,29,31,35,38,41,48,and 53 Extending Declaration of Disaster from any entity involved in the selling or distribution of food products, medicine, or medical supplies in City of Wylie for the next 15 days. SECTION 13. If someone in a household has tested positive for coronavirus, the household is ordered to isolate at home. Members of the household shall not go to work, school, or any other community function. SECTION 14.All City employees shall remain at home if sick. SECTION 15. All persons or groups using Parks and Recreation facilities shall follow to the extent possible the minimum recommended health protocols issued by the Texas Department of State Health Services that are applicable to such use or activity. These protocols are available at https://www.dshs.texas.gov/coronavirus/opentexas.aspx. SECTION 16. The City Council strongly encourages compliance with the following Recommendations, including social distancing, providing hand sanitizer and tissues, and increasing cleaning of commonly and frequently touched services. This Ordinance does not mandate sheltering in place.All critical infrastructure will remain operational, domestic travel will remain unrestricted, and government entities and businesses will continue providing essential services. For offices and workplaces that remain open, employees should practice good hygiene and,where feasible,work from home in order to achieve optimum isolation from COVID-19. The more that people reduce their public contact, the sooner COVID-19 will be contained and the sooner this Ordinance will expire. SECTION 17. The City of Wylie must promptly provide copies of this Ordinance by posting on the City of Wylie website. If any subsection, sentence, clause, phrase, or word of this Ordinance 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. 2020-53,2020-48,2020-41,2020-38,2020-35,2020-31,2020-29, 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 Ordinance No.2020-62—Amending Ord.Nos.2020-24,25,26,29,31,35,38,41,48,and 53 Extending Declaration of Disaster 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 17th day of November 2020. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Date of Publication:November 25,2020 in the Wylie News Ordinance No.2020-62—Amending Ord.Nos.2020-24,25,26,29,31,35,38,41,48,and 53 Extending Declaration of Disaster IA! fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17, 2020 Item Number: 6 Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: November 3,2020 Exhibits: Resolution,Exhibit Subject Consider, and act upon, Resolution No. 2020-61(R) approving and authorizing the publication of Notice of Intention to issue Certificates of Obligation. Recommendation Motion to approve Resolution No. 2020-61(R) approving and authorizing the publication of Notice of Intention to issue Certificates of Obligation. Discussion At the February 25,2020 Council meeting/work session, a budget discussion for funding the construction of Fire Station 4 was held. Council directed staff to proceed with the issuance of debt for this purpose. The amount of debt to be issued is $5.6 million dollars which will fund the majority of the construction of the building. $3 million dollars was previously transferred from the General Fund Fund Balance to the Fire Station Construction Fund(461) and this cash will pay for the remaining portion of the construction as well as a quint and FF&E. The architectural design of the station($737,850) and the CMAR fees ($630,000) are funded by revenue generated from the Fire Development Fund (133). The City already owns the land where the station will be constructed. This evening Council is requested to consider and approve the publication of the Notice of Intent to issue the Certificates of Obligation. This notice must be published in a newspaper of general circulation in the City once a week for two consecutive weeks, with the date of the first publication being at least 45 days prior to the sale date. The second publication must be exactly one week later. Council will be requested to approve an ordinance authorizing the issuance of the certificates at the February 9,2021 regular meeting with delivery of funds estimated for March 11,2021. Page 1 of 1 PROJECTED SCHEDULE OF EVENTS BY:DAY:EVENT: 17-Nov-20 Tuesday City Council approves Notice of Intent Resolution for Publication of Certificates of Obligation 1-Dec-20 Tuesday 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 RESOLUTION NO. 2020-61(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS, APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS,the City Council of the City of Wylie,Texas(the"City")has determined that certificates of obligation should be issued under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended, for the purpose of paying contractual obligations to be incurred for(i) construction, improvement, expansion and equipping fire-fighting facilities and (ii) professional services rendered in connection with such project and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the time and place the Council tentatively proposes to pass the ordinance authorizing the issuance of the certificates, (ii) the maximum amount proposed to be issued, (iii)the purposes for which the certificates are to be issued and (iv) the manner in which the Council proposes to pay the certificates; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in a principal amount not to exceed the amount set forth in Exhibit A attached hereto for the purpose of paying contractual obligations to be incurred for(i)construction,improvement,expansion and equipping fire-fighting facilities and(ii)professional services rendered in connection with such project and the financing thereof, and such certificates shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The City Secretary shall cause the aforesaid notice to be (i) published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least forty-six(46) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation and (ii) posted continuously on the City's website for at least forty-five (45) days before the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3: It is officially found,determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Texas Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below. Resolution No.2020-61(R)—Intention to Issue Certificates of Obligation(Fire Station#4) Page 1 of 3 101309295.3/1001060245 DULY PASSED AND ADOPTED, by the City Council of the City of Wylie, Texas on this the 17th day of November, 2020. Matthew Porter, Mayor ATTEST TO: Stephanie Storm, City Secretary Resolution No. 2020-61(R)—Intention to Issue Certificates of Obligation(Fire Station#4) Page 2 of 3 EXHIBIT A NOTICE OF INTENTION TO ISSUE CITY OF WYLIE, TEXAS, CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Wylie, Texas, shall convene at 6:00 o'clock P.M. on February 9, 2021, at the Wylie Municipal Complex Council Chambers, 300 Country Club Road, Building 100, Wylie Texas, and, during such meeting, the City Council will consider the passage of one or more ordinances authorizing the issuance of certificates of obligation, in one or more series, in a principal amount not to exceed $5,600,000 for the purpose of paying contractual obligations to be incurred for (i) construction, improvement, expansion and equipping fire-fighting facilities and (ii) professional services rendered in connection with such project and the financing thereof, and such certificates shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. In accordance with Texas Local Government Code Section 271.049, (i)the current principal amount of all of the City's outstanding public securities secured by and payable from ad valorem taxes is $76,870,000; (ii) the current combined principal and interest required to pay all of the City's outstanding public securities secured by and payable from ad valorem taxes on time and in full is $93,507,657; (iii) the estimated combined principal and interest required to pay the certificates of obligation to be authorized on time and in full is $7,235,054.17; (iv)the maximum interest rate for the certificates may not exceed the maximum legal interest rate; and (v) the maximum maturity date of the certificates to be authorized is February 15,2041. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Subchapter C of Chapter 271, as amended. The proposed certificates of obligation will be issued without further notice and without approval of the voters of the City unless a sufficient petition, signed by at least five percent of the qualified voters of the City,protesting the issuance of the certificates of obligation is filed with the City Secretary, prior to consideration of this matter by the Wylie City Council at the above time and date. In the event of the timely filing of a sufficient petition the City Council may not authorize issuance of the certificates of obligation unless the issuance is first approved at an election ordered, held and conducted in the manner provided for bond elections under Chapter 1251, Government Code. Stephanie Storm City Secretary City of Wylie, Texas Resolution No.2020-61(R)—Intention to Issue Certificates of Obligation(Fire Station#4) Page 3 of 3 101309295.3/1001060245 A-1 IA! fN Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17, 2020 Item Number: 7 Department: City Secretary (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: November 10, 2020 Exhibits: Ordinance No. 2005-55 Subject Consider, and act upon, the appointment of three-committee members to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Recommendation Motion to appoint , , and to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Discussion In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. Pursuant to Ordinance No. 2005-55, the Subcommittee shall consist of three members, to be appointed by the Wylie City Council for the remainder of the term that said member serves on the Council or until said member resigns from the Subcommittee,whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term(of office),that member shall not continue his/her membership until replaced. Current members serving on the sub-committee are three WISD Trustee members and outgoing City Council members Mayor Eric Hogue, Councilman Matthew Porter, and Councilman Toby Wallis. Also, in attendance are WISD Committee facilitator David Vinson and City of Wylie facilitator City Manager Chris Hoisted. Outgoing Mayor Hogue and Councilman Porter's terms have expired with their election term to the Wylie City Council and therefore the sub-committee positions must be appointed to fill the expired terms. Staff is requesting these positions on the subcommittee be filled by the appointment of council members to serve in this capacity. Councilman Wallis' term has expired with his re-election to the Wylie City Council and therefore the sub-committee position must be re-appointed. Staff is requesting this position on the subcommittee be filled by appointment of Toby Wallis or another council member to serve in this capacity. Page 1 of 1 ORDINANCE NO. 2005-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING, ESTABLISHING AND APPOINTING THE CITY COUNCIL SUBCOMMITTEE FOR WISD RELATIONS; PRESCRIBING THE PURPOSE, COMPOSITION, FUNCTION, DUTIES, AND TENURE OF EACH SUBCOMMITTEE MEMBER; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its citizens to create a City Council Subcommittee for WISD Relations, as set forth below; and WHEREAS, the City Council desires to prescribe the purpose, composition, function and duties of said Subcommittee; and WHEREAS, the Board of Trustees of the Wylie Independent School District ("WISD") has established a similar subcommittee of its members to work with the City's subcommittee ("WISD Subcommittee"); and WHEREAS, the City Council desires to appoint members to the Subcommittee and prescribe the duties and tenure for said members. 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: Establishment of Subcommittee. A. There is hereby created the City Council Subcommittee for WISD Relations (the "Subcommittee") of the City Council, and such Subcommittee shall meet with WISD representatives to work on maintaining and recommending partnerships between the City and WISD and to further a positive working relationship between the City and the WISD, and any other such functions as the City Council may direct in writing. It shall function according to the laws of the State of Texas and the provisions of this Ordinance. The Subcommittee shall serve in an advisory capacity to the City Council. B. The Subcommittee shall consist of three members, to be appointed by the City Council for the remainder of the term that said member serves on the City Council, Page 1 Ordinance No. 2005-55 Subcommittee for WISD Relations or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term, that member shall not continue his membership until replaced. C. When vacancies occur on the Subcommittee, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term. D. Each Subcommittee Member shall serve at the pleasure of the City Council and may be removed at the discretion of said Council. F. Each Subcommittee Member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. G. The Subcommittee shall keep and maintain minutes of any and all proceedings held and shall submit a written or make an oral report of such proceedings to the City Council not more than three (3) weeks following each such meeting. SECTION 3: Officers. The Subcommittee shall have a Chair and Vice-Chair whose terms shall be one (1) year. The Chair and Vice-Chair shall be elected by the members of the Subcommittee. The Chairperson shall preside over meetings. The Vice-Chair shall assist the Chair in directing the affairs of the Subcommittee. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. SECTION 4: Duties and Responsibilities. The Subcommittee shall have the following duties and responsibilities: a. Advise and make recommendations to the City Council on matters relating to the City's relationship with WISD and on ways to maintain and develop partnerships with WISD. b. Attend meetings with the WISD Subcommittee and other designated WISD representatives. c. Any other duties requested in writing to be performed by the City Council that are consistent with the purposes of forming the Subcommittee. Page 2 Ordinance No. 2005-55 Subcommittee for WISD Relations SECTION 5: Power to Obligate and Finance. The Subcommittee shall have no power to obligate Wylie in any manner whatsoever. The Subcommittee's finances shall be handled in the same manner as any division of the City Government. SECTION 6: The City Manager shall act as facilitator to the City Council Subcommittee for WISD Relations. SECTION 7: Savings/Repealing Clause. 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 8: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its passage and execution. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. ,,,,,tt,IlLiiii,,,,,, i,;y MO Y, ayor ATTEST: - i fi _-_7723 i :.:,- .1 , . , , , ,. , , : _ .,. : ..„, "1"7 4 ,•,:s CAR LE E � HRLI( ', City Secretary ��"�"'"°"��� Date to be published in The Wylie News— November 2, 2005 Page 3 Ordinance No. 2005-55 Subcommittee for WISD Relations IAI fv1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 17,2020 Item Number: 8 Department: Municipal Court (City Secretary's Use Only) Prepared By: Lisa Davis Account Code: Date Prepared: November 5,2020 Exhibits: Contract Subject Consider,and act upon,an agreement authorizing the appointment of Ashley McSwain as Associate Municipal Court Judge for the City of Wylie effective December 1,2020, setting terms and hourly rate of service. Recommendation Motion to approve an agreement for the appointment of Ashley McSwain as Associate Municipal Court Judge for the City of Wylie effective December 1,2020, setting terms and stipend of service. Discussion Article IV,Section 3c of the City of Wylie Charter states"the City Council shall,in the absence or disability of the appointed judge of the Municipal Court, appoint an acting judge to serve during such absence or disability. The acting judge may be compensated by the City Council for his performance of required duties." The appointment of the Associate Municipal Court Judge is for a two-year term effective December 1, 2020 through November 30, 2022, and may be renewed for another two (2) year term. Compensation for services provided by the Associate Municipal Court Judge is set at an hourly rate of$75.00. Services will include presiding over our juvenile and truancy dockets,performing magistrations, and other judicial services as needed. Ashley McSwain is licensed to practice law in Texas and has approximately 14 years of experience in Municipal Government. During this time, she worked as a dispatcher, court administrator, prosecutor, and assistant city attorney. Ashley is a faculty member of the Texas Municipal Courts Education Center, serving as a speaker providing education for municipal courts throughout Texas. Recently Ashley became a Director for Region III on the Board of Directors of Texas Municipal Courts Education Center and Texas Municipal Court Association. It is recommended that Council appoint Ashley McSwain to provide service to the City as the City of Wylie Municipal Court Associate Judge. Page 1 of 1 MUNICIPAL COURT JUDICIAL SERVICES AGREEMENT—ASSOCIATE JUDGE The City of Wylie, Texas, a home-rule municipality ("Wylie"), and Ashley McSwain ("Contractor")hereby enter into this Municipal Court Judicial Services Agreement("Agreement"). Wylie and Contractor are sometimes referred to collectively as the "parties" or individually as a "party." WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has established and maintains the Wylie Municipal Court and appoints judges as may be necessary to serve the Court pursuant to Article IV, § 3 of Wylie City Charter; and WHEREAS, Contractor desires to contract with Wylie to provide such judicial services as an associate judge for the Wylie Municipal Court under the terms and conditions of this Agreement; and WHEREAS, Contractor represents and warrants that through education and experience, Contractor possesses the requisite skills to provide such judicial services in a professional and competent manner; and WHEREAS, Wylie and Contractor acknowledge and agree that this Agreement is not an employment agreement and does not establish a relationship of employer and employee between Wylie and Contractor, but defines a relationship between the parties wherein the Contractor is in fact an independent contractor of Wylie; and WHEREAS, Contractor reserves independence to act within the limits imposed by law and professional obligations such that Wylie's objectives during the term of this Agreement will be furthered through means the Contractor considers appropriate in accordance with Contractor's professional obligations and as may be required by the Texas Code of Judicial Conduct and other applicable rules and regulations. NOW,THEREFORE,in consideration of the mutual agreements and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Scope of Services. Contractor shall provide judicial services as an associate judge in Wylie Municipal Court and shall furnish all labor, equipment, supplies and all other items necessary to provide the services and deliverables as specified by the terms and conditions of this Agreement (collectively, "Services"). The Services include, but are not limited to, the following: (a) Hearing and consideration of cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (b) Presiding over Wylie Municipal Court dockets, including pretrial conferences, pretrial hearings, plea and arraignments proceedings, trials and other proceedings scheduled and assigned to Contractor in the Wylie Municipal Court; Municipal Court Judicial Services Agreement—Associate Judge Page 1 of 7 3066632 (c) Issuing appropriate rulings and orders in cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (d) Perform magistrate, arraignment and warrant duties scheduled and assigned to Contractor; (e) Communicating with Wylie Municipal Court staff, judges, prosecuting and defending attorneys, defendants and other participants in cases and other matters scheduled and assigned to Contractor in the Wylie Municipal Court; (f) Performing such other functions within Wylie Municipal Court normally required of a municipal court associate judge; and (g) Providing Wylie timely updates regarding changes in the scope and nature of the Services provided hereunder that may affect operations, policies or activities of Wylie Municipal Court and making recommendations on improving the quality and efficiency of the Services provided hereunder. The Presiding Judge of the Wylie Municipal Court shall establish the times and days for the court dockets and retains authority to change the same from time to time. Contractor shall perform the Services at the dockets so established and to which he/she may be scheduled. If Contractor is unavailable to complete these Services, it shall be the duty of Contractor to seek an alternative method of fulfilling these duties through another Wylie- appointed Judge. 2. Term; Termination. The term of this Agreement shall commence on the Effective Date (hereinafter defined) of this Agreement and shall continue in effect until the second anniversary of the Effective Date, unless terminated earlier in accordance with this Agreement or the City Charter. Wylie shall have the option to extend this Agreement for additional terms of two (2) years each on the same terms and conditions by giving Contractor written notice of its intent to extend prior to the expiration of the then-current two (2) year term, provided that the City Council has re-appointed Contractor as the presiding judge in accordance with Section 4.03 of the City Charter. Wylie is entitled to terminate this Agreement at any time for any reason or for no reason by giving Contractor written notice of termination, removal or non-appointment. Contractor is entitled to terminate this Agreement at any time for any reason or for no reason by giving Wylie at least thirty (30) days' prior written notice of the termination date. The term of this Agreement shall automatically terminate on the date that Contractor ceases to maintain all necessary qualifications to serve as a judge for the Wylie Municipal Court, including but not limited to being a licensed attorney in good standing and/or having two or more years of experience in the practice of law in Texas should the Wylie Municipal Court be converted to a municipal court of record. 3. Compensation;Billing. In exchange for Contractor's provision of the Services as described in this Agreement, Wylie agrees to pay Contractor at the rate of$75.00 per hour of work actually performed by Contractor under this Agreement. Such amount shall be payable on Municipal Court Judicial Services Agreement—Associate Judge Page 2 of 7 3066632 a monthly basis at the time and in the manner determined by Wylie. Wylie is entitled to withhold, deduct and pay from such amount applicable income and other payroll taxes,but in no event shall such actions by Wylie alter the parties' independent contractor relationship or entitle Contractor to any employment,insurance,vacation or other benefits. In this regard, Contractor shall defend, indemnify and hold harmless Wylie from any and all liability which may result from the failure to withhold, and/or the withholding of, any sums from the monies payable to Contractor under this Agreement, including, but not limited to,any taxes,interest or penalties owed to the Internal Revenue Service or any other party. No time shall be charged or additional compensation shall be due for any travel to or from Wylie or for travel to any hearings, trials or other proceedings. Contractor shall submit monthly invoices to Wylie for Services actually provided by Contractor in accordance with this Agreement. The invoices shall include the length of time spent performing the work recorded in increments equal to the tenth of an hour, the date the work was performed and the fee for the work. All invoices shall be submitted as soon as possible after the end of each calendar month, but in no event later than the fifth (5th) day of the next calendar month. Invoices are payable by Wylie within thirty (30) business days of Wylie's receipt of each such invoice, unless a dispute arises as to any charge contained in the invoice, in which case Wylie shall pay the undisputed amount of the invoice as provided above and shall pay the remaining amount, if any, after resolution of the dispute as soon after resolution as is reasonable provided. Notwithstanding anything to the contrary herein, Wylie shall not be required to pay any invoice submitted by Contractor if Contractor is in breach of this Agreement. As an appointed official, Contractor agrees to perform the service required by the position of associate judge and is not limited to or guaranteed a preset number of hours per week or per month to perform such services. 4. Cooperation. Contractor acknowledges that Wylie is entitled, in its sole discretion, to contract with and/or assign other judges to provide the same or similar judicial services for Wylie Municipal Court, and Contractor agrees to fully cooperate with Wylie and any such other judges in this regard, including but not limited to, coordinating the scheduling and coverage of the dockets and other needs of Wylie Municipal Court. 5. Conflicts. Wylie recognizes that Contractor may represent clients as an attorney. During the term of this Agreement, Contractor shall not represent any person or entity or otherwise engage in the practice of law in a matter directly adverse to Wylie, in an adversarial capacity before the Wylie City Council or any of its courts, agencies, boards or commissions, or in a matter that Wylie determines is adverse to the interests of Wylie. Further, Contractor represents that Contractor does not have any personal, business or financial interests or relationships which would cause a reasonable individual with knowledge of the relevant facts to question the integrity or impartiality of Contractor in performing the Services. Contractor shall evaluate on an ongoing basis whether, in Contractor's professional judgment, a conflict may become apparent or imminent. In the event that Contractor believes a conflict may develop or has developed, Contractor shall immediately communicate with Wylie about the perceived potential conflict. Municipal Court Judicial Services Agreement—Associate Judge Page 3 of 7 3066632 6. Professional Obligations. Contractor must complete the minimum number of hours of instruction annually in the performance of the duties of a municipal court associate judge as required by the laws of the State of Texas and any applicable rule or statute. Wylie shall pay the reasonable cost of such required training, including required books and materials upon receipt by Wylie of written invoices for the same. Contractor shall ensure that official copies of records documenting such training shall be kept and maintained at all times. The Contractor shall provide proof of current certification from the State Bar of Texas on October 1 of each year during the term of this Agreement. 7. Entire Agreement. This Agreement contains all representations,understandings, contracts and agreements between the parties regarding the subject matter of this Agreement. This Agreement supersedes all oral or written previous and contemporaneous agreements, writings, understandings, representations or contracts between the parties regarding the subject matter of this Agreement. No amendment to this Agreement shall be made except on the written agreement of the parties,which shall not be construed to release either party from any obligation of this Agreement except as specifically provided for in such amendment. 8. No Supervisory Capacity. Contractor acknowledges that the clerks of the Wylie Municipal Court are supervised by the City Manager as administrative employees and that Municipal Court prosecutors are supervised by the City Attorney. Contractor does not serve in a supervisory role as to any of these or other employees of Wylie except with regard to judicial procedures of the court. However, he/she shall consult with the appropriate department head or City Manager concerning needed improvements or problems that come to his/her attention through his/her service under this Agreement. 9. No Prohibited Interest. Contractor acknowledges and agrees that it is aware of, and will abide by, the no prohibited interest requirement of Wylie City Charter. Contractor acknowledges and agrees that the existence of a prohibited interest during the term of this Agreement will render this Agreement voidable. 10. Liability. To the fullest extent permitted by law, Contractor shall be fully and solely responsible and liable for Contractor's own acts and omissions and for any and all damage to Contractor's equipment and other property. Wylie assumes no such responsibility or liability. Wylie shall have no such responsibility or liability to Contractor. 11. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes,ordinances,regulations and policies,as they exist,may be amended or in the future arising,applicable to Contractor and its work under this Agreement. If Contractor observes or is notified that the work under this Agreement is at variance with applicable laws, statutes,ordinances,regulations and policies, Contractor shall immediately notify Wylie in writing. 12. Assignment. Contractor agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of Wylie. 13. Savings/Severability. In the event that a term, condition or provision of this Agreement is Municipal Court Judicial Services Agreement—Associate Judge Page 4 of 7 3066632 determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction,then that term,condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been included in this Agreement. 14. Consideration. This Agreement is executed by the parties without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 15. Attorneys' Fees. If either party files any action or brings any proceeding against the other arising from this Agreement, then as between Wylie and Contractor, the prevailing party shall be entitled to recover as an element of its costs of suit,and not as damages,reasonable and necessary attorneys' fees and litigation expenses both at trial and on appeal. 16. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,performance and enforcement of this Agreement,without regard to conflict of law principles. This Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 17. No Waiver. Waiver by either party of any breach of this Agreement,or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect,limit,or waive such party's right thereafter to enforce and compel strict compliance. 18. Headings. The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 19. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; by electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such party a via hand-delivery service, or to any courier service that provides a return receipt showing the date of actual delivery of the same to the addressee thereof. Notice given in accordance herewith shall be effective on receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to Contractor, to: Ashley McSwain 108 S. Jackson Ave. Ste.207 Wylie, Texas 75098 Telephone Email: If to Wylie, to: City of Wylie Attn: City Manager, Chris Holsted 300 Country Club Rd Municipal Court Judicial Services Agreement—Associate Judge Page 5 of 7 3066632 Wylie, Texas Email: chris.holsted@wylietexas.gov With a copy to: Abernathy, Roeder, Boyd& Hullett, P.C. Attn.: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4054 Email: 20. Representations. Each party states that it has carefully read this Agreement, knows the contents hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is signing the same solely of its own judgment. 21. Independent Contractor. Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of Wylie; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing the same; that the doctrine of respondent superior shall not apply as between Wylie and Contractor; and that nothing herein shall be construed as creating a partnership or joint enterprise between Wylie and Contractor. Neither Contractor nor his agents or employees shall be deemed to be an employee of Wylie for any purpose whatsoever. Contractor shall not be eligible to participate in any benefit program provided by Wylie for its employees. Contractor shall be exclusively responsible for the payment of his/her own taxes, withholding payments, penalties, fees, fringe benefits, contributions to insurance and pension or other deferred compensation plans, including but not limited to worker's compensation and Social Security obligations, professional fees or dues. Wylie may arrange to provide space for Contractor to use to facilitate access to the Municipal Court staff and others. The provision of space is not compensation, nor does it change the nature of the relationship from that of independent contractor. Contractor agrees to make use of the space, if any, as an accommodation to Wylie and only to conduct business in accordance with this Agreement. 22. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing recitals of this Agreement are true and correct and are hereby incorporated into the body of this Agreement and adopted as findings of the authorized representatives of Wylie and Contractor. 23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. 24. No Waiver of Immunity. The parties acknowledge and agree that, in executing and Municipal Court Judicial Services Agreement—Associate Judge Page 6 of 7 3066632 performing this Agreement, Wylie has not waived, nor shall be deemed to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein 25. Chapter 2270 Certification. In accordance with Chapter 2270 of the Texas Government Code, Contractor hereby certifies that Contractor (a) does not boycott Israel; and (b) will not boycott Israel during the term of any contract with Wylie, including during the term of this Agreement. 26. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes.An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that parry's signature below) will be deemed the effective date of this Agreement("Effective Date"). CITY OF WYLIE,TEXAS By: Printed Name: Title: Date: By: Printed Name: Date: Municipal Court Judicial Services Agreement—Associate Judge Page 7 of 7 3066632