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02-02-2009 (City Council) Agenda Packet
Wylie City Council CITY:F WYLIE NOTICE OF MEETING Special Called Meeting Agenda February 2, 2009 — 7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich 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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation to 3rd Six Weeks Star Students—Character Trait of"Caring". Mayor/Council) • Presentation of the City of Wylie Storm Water Management Plan (SWMP). (MSferra, Public Services Director) February 2,2009 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the January 13, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-02(R) authorizing the City Manager to execute an amended Supplemental Agreement to the Contract with the Southeast Collin County EMS Coalition and East Texas Medical Center for Regional Emergency Medical Services/Ambulance Service. (R. Corbin, Fire Chief) C. Consider, and act upon, Ordinance No. 2009-04 amending Comprehensive Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity-generating appliances. ZC2008-12. (R. 011ie, Planning Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of October 31, 2008, November 30, 2008, and December 31, 2008. (M. Beard, Interim Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2008 and December 31, 2008. (S. Satterwhite, WEDC Executive Director) REGULAR AGENDA Public Hearing 1. Conduct the second of two Public Hearings for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Ave. (R. 011ie, Planning Director) Executive Summary Due to the postponement of the January 27, 2009 Council meeting the subject annexation case must be withdrawn. State Law requires that annexations be conducted within a 40 day window from the first public hearing to the adoption of the ordinance. February 2,2009 Wylie City Council Regular Meeting Agenda Page 3 of 4 General Business 2. Consider, and place on file, the Wylie Economic Development Corporation Annual Report. (S. Satterwhite,WEDC Executive Director) Executive Summary As per the WEDC Bylaws,each year by January 31st,the WEDC must present to the Wylie City Council its Annual Report. 3. Consider, and act upon, acceptance of the resignation of Cydnee Combest and appoint a new alternate Board Member to the Construction Code Board to fill the unexpired term of December 2008 to June 30, 2010. (M. McAnnally, Building Official) Executive Summary Due to the resignation of Ms. Cydnee Combest, the Building Department is requesting the Mayor and Council select and appoint a person to fill the vacant position of Alternate Board Member to the City of Wylie Construction Code Board. 4. Consider, and act upon, Ordinance No. 2009-05 authorizing the Mayor to execute an amended Interlocal Boundary and ETJ Contract,with Attachments 1 through 5, by and between the City of Lavon, a general law municipality located in Collin County, Texas; the City of Nevada, a general law municipality located in Collin County, Texas; the City of Wylie, a home rule municipality located in Collin, Dallas, and Rockwall Counties, Texas; the City of Rockwall, a home rule municipality located in Rockwall County, Texas; and the City of Garland, a home rule municipality located in Dallas and Collin Counties, Texas. (J. Butters, Assistant City Manager) Executive Summary On October 14th 2008 the Wylie City Council approved an interlocal boundary agreement between the Cities of Wylie, Garland, Rockwall, Lavon and Nevada. Prior to the final approval and execution by the City of Garland and the City of Lavon,the attorney's representing all five cities made some minor language changes to the contract however,the substance of the agreement has not changed. During this time period, Wylie staff met with Garland staff to re-draw the map in the peninsula so that Garland's ETJ would follow natural boundaries and land tracts. 5. Consider, and act upon, Resolution No. 2009-03(R) suspending the effective date of CoSery Gas Ltd.'s requested rate changes to permit the city time to study the request and to establish reasonable rates; approving cooperation with other cities within the CoSery system to hire legal and consulting services and to negotiate with the company and direct any necessary litigation; requiring reimbursement of cities' rate case expenses; authorizing intervention in the proceeding at the Railroad Commission; requiring notice of this resolution to the company. (M. Manson, City Manager) Executive Summary On December 18, 2008, CoSery Gas Ltd. ("CoServ" or "Company") filed with the City a Statement of Intent to Increase Rates. CoSery asks the City to approve rate changes expected to increase Company revenues by $2.9 million, an overall total revenue increase of approximately five percent (5%). CoServ's most recent rate case was filed by the Company in 2004. The City, participating in a coalition with other cities served by CoServ, ultimately settled the CoServ's rate request in 2005, reducing the Company's requested increase by more than fifty percent. February 2,2009 Wylie City Council Regular Meeting Agenda Page 4 of 4 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article 111, Section 13-D. WORK SESSION • Presentation regarding Senior Living Facilities. (Tony Sisk, Evergreen Properties) EXECUTIVE SESSIONS Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with Attorney; Closed Meeting Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding litigation: • Homebuilders Association of Greater Dallas and D.R. Horton Texas, Ltd.vs. City of Wylie, Texas §§ 551.087 Deliberations regarding economic development negotiations To discuss 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 governing body is conducting economic development negotiations. • Discussion regarding an update and status of economic negotiations with Direct Development. ADJOURNMENT CERTIFICATION I cert5 that this Notice of Meeting was posted on this WI day of January, 2009 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.wvlietexas.gov. i / OF r 4. r0 Carole E lich, ity Secretary =r�!• '!'` Date Removed g. \fit aJ 1y . sl . C°LORAOO • •1887• , ' fora of sago Wylie City Council CITY F WYLIE NOTICE OF MEETING Regular Meeting Agenda January 27, 2009 - 7:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tem David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich 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.wylietexus. py within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.rvvlietexas.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 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presentation to 3" Six Weeks Star Students—Character Trait of"Caring". Mayor/Council) • Presentation of the City of Wylie Storm Water Management Plan (SWMP). (M Sferra, Public Services Director) January 27,2009 Wylie City Council Regular Meeting Agenda Page 2 of 4 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the January 13, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-02(R) authorizing the City Manager to execute an amended Supplemental Agreement to the Contract with the Southeast Collin County EMS Coalition and East Texas Medical Center for Regional Emergency Medical Services/Ambulance Service. (R. Corbin, Fire Chief) C. Consider, and act upon, Ordinance No. 2009-04 amending Comprehensive Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity-generating appliances. ZC2008-12. (R. 011ie, Planning Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of October 31, 2008, November 30, 2008, and December 31, 2008. (M. Beard, Interim Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2008 and December 31, 2008. (S. Satterwhite, WEDC Executive Director) REGULAR AGENDA Public Hearing 1. Conduct the second of two Public Hearings for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Ave. (R. 011ie, Planning Director) Executive Summary This annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction(ETJ)of Wylie. Before a municipality may begin annexation proceedings,the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. January 27,2009 Wylie City Council Regular Meeting Agenda Page 3 of 4 General Business 2. Consider, and place on file, the Wylie Economic Development Corporation Annual Report. (S. Satterwhite,WEDC Executive Director) Executive Summary As per the WEDC Bylaws,each year by January 31s`,the WEDC must present to the Wylie City Council its Annual Report. 3. Consider, and act upon, acceptance of the resignation of Cydnee Combest and appoint a new alternate Board Member to the Construction Code Board to fill the unexpired term of December 2008 to June 30, 2010. (M. McAnnally, Building Official) Executive Summary Due to the resignation of Ms. Cydnee Combest, the Building Department is requesting the Mayor and Council select and appoint a person to fill the vacant position of Alternate Board Member to the City of Wylie Construction Code Board. 4. Consider, and act upon, Ordinance No. 2009-05 authorizing the Mayor to execute an amended Interlocal Boundary and ETJ Contract,with Attachments 1 through 5, by and between the City of Lavon, a general law municipality located in Collin County, Texas; the City of Nevada, a general law municipality located in Collin County, Texas; the City of Wylie, a home rule municipality located in Collin, Dallas, and Rockwall Counties, Texas; the City of Rockwall, a home rule municipality located in Rockwall County, Texas; and the City of Garland, a home rule municipality located in Dallas and Collin Counties,Texas. (J. Butters, Assistant City Manager) Executive Summary On October 14th 2008 the Wylie City Council approved an interlocal boundary agreement between the Cities of Wylie, Garland, Rockwall, Lavon and Nevada. Prior to the final approval and execution by the City of Garland and the City of Lavon,the attorney's representing all five cities made some minor language changes to the contract however, the substance of the agreement has not changed. During this time period, Wylie staff met with Garland staff to re-draw the map in the peninsula so that Garland's ETJ would follow natural boundaries and land tracts. 5. Consider, and act upon, Resolution No. 2009-03(R) suspending the effective date of CoSery Gas Ltd.'s requested rate changes to permit the city time to study the request and to establish reasonable rates; approving cooperation with other cities within the CoSery system to hire legal and consulting services and to negotiate with the company and direct any necessary litigation; requiring reimbursement of cities' rate case expenses; authorizing intervention in the proceeding at the Railroad Commission; requiring notice of this resolution to the company. (M. Manson, City Manager) Executive Summary On December 18, 2008, CoSery Gas Ltd. ("CoServ" or "Company") filed with the City a Statement of Intent to Increase Rates. CoSery asks the City to approve rate changes expected to increase Company revenues by $2.9 million, an overall total revenue increase of approximately five percent (5%). CoServ's most recent rate case was filed by the Company in 2004. The City, participating in a coalition with other cities served by CoServ, ultimately settled the CoServ's rate request in 2005, reducing the Company's requested increase by more than fifty percent. January 27,2009 Wylie City Council Regular Meeting Agenda Page 4 of 4 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Presentation regarding Senior Living Facilities. (Tony Sisk, Evergreen Properties) EXECUTIVE SESSIONS Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with Attorney; Closed Meeting Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding litigation: • Homebuilders Association of Greater Dallas and D.R. Horton Texas, Ltd. vs. City of Wylie, Texas §§ 551.087 Deliberations regarding economic development negotiations To discuss 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 governing body is conducting economic development negotiations. • Discussion regarding an update and status of economic negotiations with Direct Development. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 23rd day of January, 2009 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: wwwwvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 27, 2009 Item Number: Presentation (City Secretary's Use Only) Department: Public Services Prepared By: Mike Sferra Account Code: Date Prepared: January 15, 2009 Budgeted Amount: Exhibits: Subject Presentation of the City of Wylie Storm Water Management Plan (SWMP). Recommendation Discussion The City of Wylie's Storm Water Management Plan approved by the Texas Commission on Environmental Quality requires that an annual update be provided to the elected officials and to the public. The presentation will provide an overview of Phase II Municipal Separate Storm Sewer System permit requirements and an update of the implementation progress. In August 2007, the Public Works staff completed implementation of goals identified in Year 1 of the City's Storm Water Management Plan (SWMP). Staff submitted an annual report to the Texas Commission on Environmental Quality (TCEQ) in November as required. The report contains information about the progress of implementation of the 33 Best Management Practices outlined in the SWMP. The TCEQ requires that an annual update be presented to elected officials and to the general public to satisfy criteria for public education and public participation which are specifically identified as key components of the legislation. This presentation will fulfill that obligation. Approved By Initial Date Department Director MS 1/15/09 City Manager (yi11\ l (aa D Page 1 of 1 CITY OF WYLIE Storm Water Management Program Annual Update January 27, 2009 Topics for Discussion Background Information {� Five-year plan with six Minimum Control Measures (MCM) Progress with each MCM Questions 1 Background Information Purpose: Protect water quality from storm water runoff. Basis: — Clean Water Act (1972, 1987 Amendments) — 1999 EPA Rule to protect storm water in urbanized areas. — 2007 TCEQ issued the General Permit for State of Texas. State-Mandated Five Year Plan Addressing Six MCMs Must make some progress over the course of five years toward sufficiently addressing each MCM. — Public Education and Outreach — Public Participation/Involvement — Illicit Discharge Detection/Elimination — Pollution Prevention/Good Housekeeping for Municipal Operations — Construction Site Runoff Control — Post-Construction Runoff Control 2 Public Education and Outreach Conduct classroom education with WISD. Perform employee education. Prepare utility bill insert and educational fliers. Post storm water information on City website. Public meeting such as this one. Public Education and Outreach Year 1 Activities 3 Public Participation/Involvement Creekfest events. — Two scheduled activities. — Opportunities for public participation. Cleanup Greenup events. — Three times per year. — Good turnout rate. Storm Water reporting line. 972-442-7588. Storm drain marking. - Will involve the public in 2009-2010. Public Partic• ipation/Involvement eadr^ � :'fir °'`° >„� , _ , . itt...* ...e, . 10, .; A , , m e . ` € yamwow y ax ,..a.tr: ii ' triatql °,*,' 4.17 '` RE N. NMI ;. - • IY 4 Illicit Discharge Detection and Elimination Develop a storm water system map. - In progress. Perform illicit discharge inspections. - Inspect outfalls during dry weather. Develop new ordinance. — Review existing ordinances and draft new ordinance. —Approve new ordinance in 2009-2010. Illicit Discharge Detection and Elimination • 5 Pollution Prevention/Good Housekeeping for Municipal Operations i Maintain current street sweeping program. i Practice safe material storage at city locations. — Conducted site audits. i Effective and safe chemical application management. Institute storm sewer system maintenance. Pollution Prevention/Good Housekeeping for Municipal Operations 1. 6 Prevention/Good Pollution Housekeeping for Municipal Operations Construction Site Runoff Receive and consider information from public. 972-442-7588. i Site plan review. City Inspector training. Erosion Control Ordinance Review existing ordinances and draft new ordinance. — Approve new ordinance •in 2010-2011 . 7 Construction Site Runoff 47, ti 3 e • ." Post-Construction Runoff Control Engineering design review. Develop a plan with guidelines for inspecting and maintaining public and private structures. Review existing ordinances and draft new ordinance. Plan and ordinance becomes effective in 2010- 2011 . Educate builders and developers. 8 Post-CoAll nstruction Runoff Control _ -.AR c w ;,,, «' ,,,.,y . Lt ems„: m �. �" y y 4 � 4 'S sc ° 7 l fir. Questions? 9 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, January 13, 2009 - 7:00 pm Wylie Municipal Complex-Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 7:00 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police Chief, John Duscio; Public Services Director, Mike Sferra; Construction Manager, Shane Colley; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tern Byboth gave the invocation and Assistant City Manager Butters led the Pledge of Allegiance. PRESENTATIONS • Presentation overview of the Public Safety Communications System Assessment for the Cities of Plano,Allen, and Wylie. (R. Corbin, Fire Chief/RCC Consultant) Fire Chief Corbin addressed Council stating that Jim Barron representing RCC Communication and Ron Goldsmith representing the City of Plano were present to provide information regarding the first part of a study of public safety communications and the future of communications in the City of Wylie. He reported that it was no secret that the City of Wylie has been operating on a business radio system for police, fire and EMS for a long time. He reported that the City has outgrown its capabilities. The current system goes down during fires due to the hostile environment but the main concern is the inoperability of the system with our neighboring cities. He noted that both Chief Dusico, the Wylie Police Department and the Wylie Fire Rescue Department view this as a safety issue that has to be prioritized. Jim Barron representing RCC Communications and Ron Goldsmith representing the City of Plano provided information regarding the report submitted by RCC consultants. The report is an assessment of the two-way radio communication systems that serve the public safety departments and other entities that Minutes—January 13, 2009 Wylie City Council Page 1 operate within the cities of Plano, Allen, and Wylie. Mr. Barron explained that the report addressed the improvement of interoperable communications for the area, which results due to the implementation of a new standards-based network. Mr. Goldsmith explained that RCC collected current information of the existing radio systems that serves the cities and conducted several on-site user interview sessions to determine the two-way radio requirements that must be met for any new or upgraded system that will serve the participating agencies of Plano, Allen, and Wylie. Mr. Barron explained that the City of Allen and the City of Piano would be owners in the system. The reason for ownership in the radio system is two fold. The City of Allen and Plano will be purchasing redundant"brains" to the system which would enable the system to work even in the event of a tornado damaging the system of one of the owner cities. The price for this redundant system is $2,000,000 per city. The cities will share the redundant systems with all associate cities. In addition the cities bring their expertise in the field of radio communication and many years of experience. He explained that each associate member of the new proposed system would be responsible for the purchase and maintenance of the operational equipment needed to support their system. This equipment would be owned by each associate member. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. 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. No citizens were present to address Council during Citizens Comments. 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 from the December 9, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) C. Consider, and act upon, Ordinance No. 2009-01 amending the zoning from Multi- Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC 2008- 10 (R. 011ie, Planning Director) D. Consider, and act upon, Ordinance No. 2009-02 amending the zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC 2008-11 (R. 011ie, Planning Director) E. Consider, and act upon approval and final acceptance of the 12-inch water line along FM 1378 from Lakefield Drive to Brown Street and authorize final payment to Tri-Con Services Inc, in the amount of $8,262.47, and accept the project as complete. (C. Hoisted, City Engineer) Minutes—January 13, 2009 Wylie City Council Page 2 F. Consider, and act upon, authorizing the City Manager to execute and award a contract with Erecycler, LLC for recycling services related to Wylie's Cleanup Greenup residential electronic recycling program. (M. Sferra, Public Services Director) G. Consider, and act upon, a Replat for First Church of the Nazarene, Block A, Lot 1. Subject property located south of State Highway 78 and 1,530 feet east of Kreymer Lane. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Young, seconded by Councilman Porter to remove Items B, C, D and G from the Consent Agenda. A vote was taken and the motion passed 7-0. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to approve Consent Items A, E, and F. A vote was taken and the motion passed 7-0. REGULAR AGENDA B. Consider, and act upon, Resolution No. 2009-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) Council Discussion Councilman Young asked how staff could check the accuracy of the publication numbers obtained from the newspapers. He commented that the numbers for the Wylie News included Farmersville and other out of city areas but the Dallas Morning News did not. City Secretary Ehrlich reported that the numbers were based on the subscribers the individual newspapers served. She explained that the numbers for the Dallas Morning News were for the metro editions only and not the full Dallas Morning News. These metro editions serve Rockwall and Collin counties which were the target readers for the City. Councilman Young asked if the publications in the DMN zone editions came out in the larger Dallas Morning News. City Secretary Ehrlich replied that the publications at the costs presented would be for the zoned editions only with the exception of the display rates which were more expensive due to the only coverage option being the full DMN. Councilman Young asked if the Wylie News had grown at the same rate as the city has grown. City Secretary Ehrlich replied that she could not give percentages but based on the past two years, the subscription coverage had grown from 5,000 in 2007 to 6,465 in 2008. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to approve Resolution No. 2009-01(R) establishing the Wylie News as the "Official Newspaper" of general circulation and designating a secondary newspaper for notices requiring specific legal requirements. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilman White, Councilman Porter and Council Goss voting for and Councilman Young voting against. Minutes—January 13, 2009 Wylie City Council Page 3 C. Consider, and act upon, Ordinance No. 2009-01 amending the zoning from Multi- Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC 2008- 10 (R. 011ie, Planning Director) Council Discussion Councilman Young stated that he was speaking on Item C and Item D regarding the change in zoning. He noted that his concern was people bought housing in that area based on a residential neighborhood, not a light industrial neighborhood. Mayor Pro Tem Byboth noted that the reason for these zoning changes were to conform to the zoning ordinance for the existing tanks. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve Ordinance No. 2009-02 amending the zoning from Multi-Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC 2008-10. A vote was taken and passed 6-1 with Mayor Hogue, Mayor Pro Tern Byboth, Councilman White, Councilman Porter and Council Young voting for and Councilman Goss voting against. D. Consider, and act upon, Ordinance No. 2009-02 amending the zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC 2008-11 (R. 011ie, Planning Director) Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve Ordinance No. 2009-02 amending the zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC 2008-11. A vote was taken and passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilman White, Councilman Porter and Council Young voting for and Councilman Goss voting against. G. Consider, and act upon, a Replat for First Church of the Nazarene, Block A, Lot 1. Subject property located south of State Highway 78 and 1,530 feet east of Kreymer Lane. (R. 011ie, Planning Director) Council Discussion Councilman Young voiced concern with this property being part of Wylie's Commercial Corridor and using the property as non-taxable property. Planning Director 011ie reported that this was the re-plat approval only however the applicant would have to conform to all architectural requirements of the zoning ordinance. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve a Replat for First Church of the Nazarene, Block A, Lot 1, subject property located south of State Highway 78 and 1,530 feet east of Kreymer Lane. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilman White, Councilman Porter and Council Goss voting for and Councilman Young voting against. Minutes—January 13, 2009 Wylie City Council Page 4 Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity generating appliances. ZC 2008-12 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that in an effort to provide for alternative renewable energy, staff is proposing wind powered sources as a means of providing alternative energy sources to the residents within Wylie, and to allow safe, effective and efficient use of such systems. A wind turbine, as they are sometimes called, is a machine designed to convert kinetic energy in the wind to mechanical or electrical energy, for the primary purpose of on-site use and not for resale or transmission off-site. The proposed amendment would allow wind turbines in all districts based on specific regulations and would be classified as an accessory structure, meaning they may only be erected in an already existing primary use. She reported that the proposed text amendment would limit the height of such structures as well as clearly define the design and permitting requirements. Height requirements shall be no more than 60' within residential and commercial districts and 100' in industrial districts. The ordinance regulates the setbacks for windmills/turbines as at least 125% of the tower's height. Planning Director 011ie reported that the property owner would be required to have a valid permit to operate a wind powered system and must submit to the Building Inspection Department every other year from the date of original permit a letter prepared by a Professional Engineer registered in the State of Texas, stating that the wind powered system continues to meet current electrical and structural requirements as set forth in this Ordinance. An Abandonment Clause would require any owner's permitted wind turbine that becomes inoperable for six (6) months to be notified by the Code Enforcement Department that the owner has three (3) months from the notice date to restore or remove the system. Council Discussion Councilman Porter asked why solar was not addressed within the alternative energy wind turbine revisions. Planning Director 011ie explained that the operational and aesthetic issues regarding solar energy would need further research but should be brought to Council when completed. Councilman Young asked if smaller wind turbine units that affix to the roof could be addressed. Planning Director 011ie replied that as technology advances, the section could be amended to include other units. Councilman Goss had concerns with the 125% setback, stating that the lot would have to be at least 150 feet wide and deep. Planning Director 011ie reported this was included to protect structures in the event the unit fell. Councilman Goss asked what the con would be of using the structure rather than the property line. City Manager Manson replied that if you do not have the requirement from the property line, someone could build a unit on the property line and not allow for the setbacks. Public Hearing Mayor Hogue opened the public hearing for Zoning Case 2008-12 at 8:05 p.m. asking anyone present wishing to address Council on the item to come forward and keep their comments to three minutes. Eric Smith, residing in the Creekside Estates sub-division, addressed Council asking the Council to consider house mounted units that were now becoming available to homeowners. Minutes—January 13, 2009 Wylie City Council Page 5 Planning Director 011ie reported that if the unit was attached to the structure (roof) it would be like an antenna and would not fall under the requirement of this ordinance revision. With no other citizens wishing to address Council during the public hearing, Mayor Hogue closed the Public Hearing for Zoning Case 2008-12 at 8:06 p.m. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Young to amend Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10-2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity generating appliances ZC 2008-12. A vote was taken and the motion passed 7-0. 2. Conduct a Public Hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Ave. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that this annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction (ETJ) of Wylie. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings in which persons interested in the annexation are given the opportunity to be heard. Public Hearing Mayor Hogue opened the public hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Ave. at 8:09 p.m. asking anyone present wishing to address Council on the item to come forward and keep their comments to three minutes. No citizens were present wishing to address Council during this public hearing, Mayor Hogue closed the Public Hearing for Zoning Case 2008-12 at 8:09 p.m. No action was required on this item. The second public hearing will be heard January 27, 2009 and consideration of the annexation will be heard on February 10, 2009. General Business 3. Consider, and act upon, authorizing the City Manager to negotiate an agreement for Wylie's Public Safety Communications System, including the installation of infrastructure to support the system. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed Council stating that RCC collected current information of the existing radio systems that serve the cities of Plano, Allen, and Wylie. RCC conducted several on-site user interview sessions to determine the two-way radio requirements that must be met and any new or upgraded system Minutes—January 13, 2009 Wylie City Council Page 6 that will serve the participating agencies in Plano, Allen, and Wylie. RCC developed conceptual system alternatives for the replacement of the current systems. Council Discussion Fire Chief Corbin addressed Council stating that he believed that the Council had a pretty good overview of what was being requested. He explained that the study that had been presented tonight was paid for in part by Wylie so that Wylie's needs could be determined. He explained that part two of the process was to design the system. He noted that RCC needed to know whether Wylie was indeed interested in joining as an associate city. He noted that in the process of going out for RFP, the final governance and cost would be better managed by our consummate City Manager. Chief Corbin explained that this action simply authorizes the City Manager to negotiate; this project needs to have some closure and this will provide the accurate costs to install and operate the system and will allow the owner cities to go on with or without us with time deadlines. He explained that additional action will be required for final costs of the systems. City Manager Manson reported that the cost estimate was around $3.5 million but the hope was that the final costs would be much lower. The final costs could be funded over a longer period of time to make it a little easier to absorb within the city budgets. Councilman White stated that he had quite a few questions regarding the study and proposed system and sat down with Chief Corbin, Chief Duscio, Asst. Chief Flores and City Manager Manson to ask questions regarding the technical issues as they relate to the proposed system. He noted that a lot of the problems posed by the current system, the proposed new system will fix with regard to inoperability. He reported that there were only five agencies within the entire Dallas/Fort Worth area that the city would not be able to communicate with using the new system. Councilman White reiterated that the only item missing should the city decide to run the system alone would be the"brain"function of the system. Mayor Hogue stated that he had concerns with police and fire losing communication and the need for a system that would keep them communicating at all times. Councilman Young asked that within the final costs, the tower location be examined, noting that Wylie Dispatch may not always be at the same location. Mayor Pro Tem Byboth made a suggestion that the consultants look at the new TXU Distribution Center near the Municipal Complex. Council Action A motion was made by Councilman White, seconded by Councilman Porter to authorize the City Manager to negotiate an agreement for Wylie's Public Safety Communications System, including the installation of infrastructure to support the system. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, Ordinance No. 2009-03 establishing the maximum speed limits on FM1378 (Country Club) proceeding from FM 544 to FM 2514 (Parker Road), providing for notification of the maximum speed limit by the installation of signs and markers to regulate vehicular speed on the designated street; providing for a penalty for the violation of this ordinance; providing for an effective date and providing for the publication of the caption hereof. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the Texas Department of Transportation (TxDOT) released ownership and control of FM 1378 to the City of Wylie on October 30, 2008. In 2006, TxDOT completed a speed zone study which recommended the speed limit for some portions of the roadway be posted at 50 miles per hour. In response to the TxDOT study, Lee Engineering completed a study in October 2006 which recommended the speed limit be posted at 45 mph due to the lack of shoulders and high driveway density. Approval of the attached ordinance will establish the prima facie speed limit for FM 1378 at 45 mph. Wylie Public Works will have an expense of approximately $150 to post new signs Minutes—January 13, 2009 Wylie City Council Page 7 along FM 1378. He reported that construction should begin in May/June of 2009, depending on the timing of utility relocations. He noted that there was a possibility that additional funding could be procured from the Council of Governments which received funding for road improvements from the national stimulus package. Council Action A motion was made by Councilman White, seconded by Councilman Young to approve Ordinance No. 2009-03 establishing the maximum speed limits on FM1378 (Country club) proceeding from FM 544 to FM 2514 (Parker Road), providing for notification of the maximum speed limit by the installation of signs and markers to regulate vehicular speed on the designated street; providing for a penalty for the violation of this ordinance; providing for an effective date and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, authorizing the Mayor to execute the Woodbridge Parkway/Hooper Road Paving Agreement between Woodbridge North I, Ltd., the Wylie Independent School District and the City of Wylie. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that on July 10, 2007, Council approved an Interlocal Cooperation Agreement between the City and the Wylie Independent School District (WISD). The agreement specifies that WISD will construct Hensley Lane from Raymond Cooper Junior High School to the City of Wylie Public Service Center. After the execution of the agreement, it was brought to the City's attention that the Real Estate Purchase Agreement executed between Woodbridge North I, Ltd. (WBNI) and WISD specifies that WISD is required to pay for the construction of two of the four lanes of the Hooper Road/Woodbridge Parkway improvements adjacent to the school site. This contract would release the parties from further financial responsibility. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to authorize the Mayor to execute the Woodbridge Parkway/Hooper Road Paving Agreement between Woodbridge North I, Ltd. the Wylie Independent School District and the City of Wylie. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and Herzog Development for reimbursement of the construction of a 12-inch water line. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that on June 27, 2006 Council approved a development agreement with Herzog Development for the construction of an offsite 12-inch water line. The water line was necessary to loop the water system in the Woodbridge development with the City's system located in Alanis Drive. In August, 2004 the City received approval from TCEQ for the installation of a water line on the east side of the landfill which was necessary to provide water service to the first phase of the Woodbridge development. Because of the previous approval from TCEQ the new water line was designed to be located adjacent to the west property line of the closed landfill. The design was submitted to TCEQ for approval and due to recent rule changes, it was not possible to install the water line within the landfill boundary. Additional engineering fees were required to construct the line to TCEQ requirements. These fees have been included in this revised agreement. Minutes—January 13, 2009 Wylie City Council Page 8 Council Action A motion was made by Councilman Young, seconded by Councilman Porter to authorize the City Manager to execute a Development Agreement between the City of Wylie and Herzog Development for reimbursement of the construction of a 12-inch water line. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, award of a contract to 2L Construction LLC, in the amount of $183,211.00, for the construction of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on December 3, 2008, eight bids were opened for the construction of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. The water line extends from Anchor Drive along Spinnaker Way to Coral Reef Lane and provides additional water capacity to portions of Newport Harbor and Birmingham Farms. Power to the Newport Harbor Pump Station is currently provided by overhead power lines that run along the north side of the alley north of Anchor Drive as shown on the attached display. To provide sufficient working room to construct the future two million gallon ground storage tank, the electrical service must be relocated underground including a pad mounted transformer. 2L Construction LLC was the low bidder at$183,211. Staff is recommending the bid be awarded to them. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to award a contract to 2L Construction LLC, in the amount of$183,211.00, for the construction of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the ordinance captions to Ordinance No. 2009-01, 2009-02 and 2009-03 into the official records. Mayor Hogue convened into Work Session at 8:30 p.m. WORK SESSION • Discussion on implementation of a sidewalk program through the Neighborhood A.C.T.I.O.N. Plan. (R. 011ie, Planning Director) Planning Director 011ie and Public Services Director Sferra presented a short work session regarding street repair. Planning Director 011ie reported that with the adoption and implementation of the City of Wylie's Accountable Communities Through Involvement of Neighborhoods (ACTION) program, staff recommends that the replacement and/or installation of city sidewalks target those neighborhoods that are part of this A.C.T.I.O.N. Plan. Staff held its first neighborhood meeting with the residents of the Bostic Addition, located along Third Street, Fourth Street, and Hilltop Lane bounded on the north by Butler Street and on the south by Park Street. Those residents/owners in attendance identified poor sidewalk Minutes—January 13, 2009 Wylie City Council Page 9 conditions as a major concern for this area. Staff is requesting that this neighborhood be the first to participate in the Neighborhood A.C.T.I.O.N. Plan sidewalk program. Planning Director 011ie explained that for sidewalks to be considered for this program, the subject sidewalks shall be located in the right-of-way and parallel to the street and must adhere to criteria set forth in the proposed program. Commercial sites are not eligible for participation. She explained that any home that is eligible and selected to participate in the program will incur no cost to the home owner. The source of funding will be the 1999 bond funds approved for sidewalk repairs and installation. There is approximately $392,000 of available funding in this bond series. Staff proposes that the City fund 100% of the improvements and forego requesting homeowner participation. The City of Wylie will provide a contractor to perform the necessary work. Public Services Director Sferra presented a material for use in lieu of concrete in areas that required tree removal. He explained that the material would allow installation with little work needed to the existing trees. The material would allow the tree to grow without shifting the sidewalk material and would be more cost effective than tree removal and concrete sidewalk installation. He explained that in areas where trees were not an issue, concrete would be used to repair/replace the existing sidewalks. Planning Director 011ie asked for direction regarding the materials and creation of the policy. She noted that if direction was given, the formal policy would be presented to Council for official adoption. Direction from Council was to move forward with an approach toward achieving goals of the Accountable Communities through Involvement of Neighborhoods (A.C.T.I.O.N) Program and implement a sidewalk replacement/installation criteria and process. Mayor Hogue reconvened into Regular Session at 9:00 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. EXECUTIVE SESSIONS Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Mayor Hogue convened into Executive Session at 9:05 p.m. citing exceptions: § 551.074 Personnel Matters; Closed Meeting and § 551.072 Deliberation Regarding Real Property. SS 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager SS 551.072 Deliberation Regarding Real Property • Discussion of the Twin Lakes sewer line easement compensation Mayor Hogue reconvened into Regular Session at 11:45 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to amend the City Manager's salary to a compensatory rate of$148,816.66 per annum and to amend the City Minutes—January 13, 2009 Wylie City Council Page 10 Manager's Retirement Program to $15,000 per year. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Wylie City Council, Mayor Hogue adjourned the meeting at 11.47 p.m. Consensus of Council was to adjourn. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—January 13, 2009 Wylie City Council Page 11 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 27, 2009 Item Number: B Department: Fire (City Secretary's Use Only) Prepared By: Randy Corbin Account Code: Date Prepared: 1/14/09 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2009-02(R) authorizing the City Manager to execute an amended Supplemental Agreement to the Contract with the Southeast Collin County EMS Coalition and East Texas Medical Center for Regional Emergency Medical Services/Ambulance Service. Recommendation Motion to approve Resolution No. 2009-02(R) authorizing the City Manager to execute an amended Supplemental Agreement to the Contract for Paramedic Ambulance Services between the City of Wylie and East Texas Medical Center for Regional Emergency Medical Services/Ambulance Service. Discussion The Southeast Collin County EMS Coalition was formed in 1997 allowing participating entities to participate in a cooperative agreement to solicit proposals for a regional contract to provide emergency medical services/ambulance service at a cost no entity could achieve on their own. The contract between ETMC and the Southeast Collin County E.M.S. Coalition funds only one full-time ambulance in the contract. In order to provide the citizens the best possible service within the Coalition, the City of Wylie has provided personnel to support the back-up ambulances donated by E.T.M.C. to cover emergency medical calls when the primary ambulance is busy. The purpose of this is to reduce response times by not having to call for mutual aide from other agencies outside Coalition. This program has been enhanced since its inauguration and continues to support itself by stipends provided by E.T.M.C. for calls made. The amended Supplemental Agreement to the Contract for Paramedic Ambulance Services contract is a new contract but almost mirrors the preceding contract. The amendment to this contract adds item number fifteen (15) which is a Hold Harmless clause. Both items fourteen and fifteen reciprocate each participating entity with hold harmless statements. This agreement will supersede the previous agreement approved by Council on September 9, 2008, by Resolution 2008-38. Approved By Initial Date Department Director RC 1i/14/09 City Manager V V I/, 11a;aiD Page 1 of 1 RESOLUTION NO. 2009-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDED SUPPLEMENTAL AGREEMENT WITH THE SOUTHEAST COLLIN COUNTY EMS COALITION AND THE EAST TEXAS MEDICAL CENTER EMERGENCY MEDICAL SERVICE (ETMC EMS) FOR REGIONAL EMERGENCY MEDICAL SERVICES/AMBULANCE SERVICES. WHEREAS, the Southeast Collin County EMS Coalition consist of the following Texas governmental entities: City of Parker, City of Wylie, City of St. Paul, Collin County, City of Lucas and City of Lavon; and WHEREAS, the East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service"ETMC EMS" is a Texas not-for-profit corporation; and WHEREAS, the Southeast Collin County EMS Coalition and the ETMC EMS desire to enter into a contract for paramedic ambulance services. WHEREAS, it has been determined that regional emergency medical services and ambulance services would be advantageous and beneficial to the citizens of the City of Wylie, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: That the City Council of the City of Wylie, Texas hereby approves the Amended Supplemental Agreement with the Southeast Collin County EMS Coalition and the East Texas Medical Center Emergency Medical Service(ETMC EMS). SECTION 2: That the City Manager be and is hereby authorized to execute the Amended Supplemental Agreement. SECTION 3: This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie on this the 27`h day of January, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2009-02(R) Amendment to Supplemental Agreement with the Southeast Collin County EMS Coalition and East Texas Medical Center Emergency Medical Services(ETMC EMS) SUPPLEMENTAL AGREEMENT TO CONTRACT FOR PARAMEDIC AMBULANCE SERVICES This Supplemental Agreement to Contract for Paramedic Ambulance Services ("Agreement") is entered into by and between the City of Wylie, Texas, a municipal corporation ("Wylie") and East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service, a Texas not-for-profit corporation ("ETMC EMS"), (individually a "Party" or collectively the"Parties"). WHEREAS, in 2008 ETMC EMS and Wylie and other cities known as the Southeast Collin County EMS Coalition ("Coalition") entered into a Contract for Paramedic Ambulance Services(the"Coalition Agreement"), attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, ETMC EMS and Wylie still desire to uphold and abide by the Coalition Agreement; and WHEREAS, ETMC EMS and Wylie wish to supplement the Coalition Agreement by entering into this Agreement that will impose additional conditions, obligations and duties upon the Parties hereto. NOW THEREFORE, in consideration of the terms and conditions herein contained, and for other good and valuable consideration, the Parties agree as follows: 1. Uniforms. ETMC EMS employees shall wear Wylie Fire-Rescue ("WFR") uniforms when on duty in Wylie and/or when responding to calls within or on behalf of Wylie. 2. Regulations. ETMC EMS employees shall report to a company officer with the WFR for all shifts in which they will be responding to calls within Wylie. ETMC EMS employees shall abide by all WFR station rules while working such shift and shall abide by all ETMC EMS rules, regulations, policies and management direction, including but not limited to ETMC EMS's Policies and Procedures Manual. Wylie shall report all violations of any WFR rule or ETMC EMS rules, regulations, policies and management direction by an ETMC EMS employee to a representative of ETMC EMS for appropriate investigation, action and follow- through of enforcing said policies. 3. Independent Contractor. In performing this Agreement, ETMC EMS, and ETMC EMS's employees, are acting as independent contractors with respect to Wylie, and no employees of ETMC EMS shall be considered employees of Wylie. It is agreed and acknowledged by the Parties that, as an independent contractor, ETMC EMS retains the right to contract with and provide services to entities and individuals other than Wylie, and nothing herein shall be construed as limiting ETMC EMS's right to do so. In no event shall this Agreement be construed as establishing a partnership, association,joint venture or other relationship between Contract for Paramedic Services Page 1 521356.%I the Parties, and nothing shall authorize either Party to act as an agent for the other, except as authorized herein. Each Party shall be liable for its own debts, obligations, acts and omissions, including but not limited to, payment of all required payroll, withholding, social security and other taxes and benefits. Neither ETMC EMS nor ETMC EMS's employees shall be eligible for any benefit received by Wylie's employees. 4. On Scene Response. When ETMC EMS and Wylie personnel are on the scene of a call, the ETMC EMS employees assume responsibility of all patient care at that scene or as assigned by Incident Command. WFR when on scene, will assume command of any incident within its response area, operating strictly within NIMS protocols. 5. Wylie Dispatch. Wylie agrees to provide dispatch services for ETMC EMS Unit 990 responsible for providing emergency medical service to the Coalition. Wylie shall record all communications relating to such dispatch services and maintain the recordings for one year. The recordings shall be made available to ETMC EMS upon request. 6. Transfer of Calls. Wylie will transfer all first and second party emergency callers to the ETMC EMS Communications Center so ETMC EMS can provide Emergency Medical Dispatch Pre-Arrival Instructions as needed. 7. Accompany ETMC EMS to Hospital. Wylie personnel agree to accompany ETMC EMS to the hospital when requested by ETMC EMS personnel. 8. Testing. WFR may assist ETMC EMS with skills testing and protocol testing of ETMC EMS employees. WFR personnel will be tested regularly by the ETMC Education Department and WFR Continued Education. 9. Quality Control and Response Time Reliability. A. Quality Control will be a three step process: i) The initial review of all EMS runs shall be by the WFR's Quality Control Officer and any significant finding will be noted on a separate QI form which will be attached to the patient care report. Any concerns or acknowledgements shall be shared with the \VFR EMS Officer when applicable, and especially when issues involve WFR personnel or service delivery concerns that may be questioned locally. ii) A secondary review will be by the ETMC EMS Director of Clinical Services. Contract for Paramedic Services Page 2 iii) All recommendations for improvement will be forwarded to the Wylie Fire Chief to assure patient confidentiality and to assure that all records are safely secured. The WFR EMS Officer will share information for Quality Assurance purposes when applicable to both agencies. B. Wylie will maintain response time records from its Computer Aided Dispatch database, and ETMC will be responsible for meeting the following response times for the primary ETMC staffed ambulance to the Coalition as a whole: i) Life-Threatening Emergency Calls will have a response time 90% or better of 8 minutes and 14 seconds. ii) Non Life-Threatening Emergency Calls will have a response time 90% or better of 12 minutes and 14 seconds. These commitments shall be calculated on a per one-hundred transport basis for the primary unit only, for the Coalition as a whole, and shall be calculated annually at the end of the contract year. The response time commitments set forth above shall constitute contractually binding performance requirements under this Agreement. in this regard, the protocols set forth in Section 3.2 of the Coalition Agreement shall apply to the reporting requirements of this Agreement. However, for purposes of this Agreement "response time" is defined as: the elapsed time between the moment a request for ambulance service is received by the responding Coalition ambulance, and the time that unit arrives at the confirmed location of an emergency or upon the arrival of ALS First Responder personnel. 10. 990 Ambulance Replacement Paramedic. ETMC EMS shall provide a replacement paramedic or EMT to Wylie whenever the paramedic or EMT assigned to the 990 ambulance is on vacation, out sick, or otherwise unavailable or utilize a WFR Paramedic or EMT who has documented approval and knowledge of all ETMC EMS protocols, equipment, vehicles and policies and procedures. If the replacement paramedic or EMT is and ETMC EMS employee he/she will not be required to wear the Wylie Fire-Rescue uniform. if the replacement paramedic or EMT is from the WFR then Wylie will invoice ETMC EMS the actual cost of employee. 11. Discretion to Use ETMC EMS Employees. Wylie shall have sole discretion in determining whether it wishes to use the contract services of any particular ETMC EMS employee provided to Wylie pursuant to this Agreement. Should Wylie decline the services of a particular ETMC EMS employee, ETMC EMS will immediately provide a qualified replacement of that employee. Wylie will have the discretion to assign to ETMC EMS employees duties relevant to EMS issues Contract for Paramedic Services Page 3 and co-habitation issues such as shared station duties as long as ETMC EMS employees can maintain a clean professional appearance and maintain a prompt readiness status. 12. Continuing Education. ETMC EMS shall provide regular continuing education to WFR personnel and members of the Coalition, including initial and refresher card courses such as ACLS, PEPP, and ITLS, as necessary and consistent with ETMC policy for its own employees. ETMC will deliver an equitable number of these classes on weeknights or Saturdays to allow attendance by volunteer agencies that neighbor Wylie. 13. Patient Care Reporting. ETMC EMS will accept WFR's electronic patient care form as a replacement for ETMC and EMS's written form. WFR will submit these forms electronically or in printed format as preferred by ETMC EMS. When personnel are assigned temporarily, they may be allowed to use the standard ETMC EMS written form, and WFR on-duty personnel will enter the data at the station. ETMC EMS medical control will review the reports from this data on an annual basis and discuss findings with the WFR EMS Officer, to identify trends in treatment, paramedic skills, etc. 14. Indemnification/Hold Harmless By ETMC EMS. ETMC EMS SHALL INDEMNIFY AND SAVE HARMLESS WYLIE AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, THE ACTS OF EMTC OR ITS AGENTS OR EMPLOYEES, IN THE EXECUTION OR PERFORMANCE OF OBLIGATIONS PURSUANT TO THIS AGREEMENT. ETMC EMS AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS, OR ITS AGENTS OR EMPLOYEES, OWN NEGLIGENCE, MALFEASANCE, ACT OR OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN ETMC EMS AND ITS EMPLOYEES AS A RESULT OF THAT EMPLOYEES EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ETMC EMS, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, Contract for Paramedic Services Page 4 NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT, EMPLOYEE BENEFITS, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. 15. Indemnification/Hold Harmless By Wylie. THE CITY OF WYLIE SHALL INDEMNIFY AND SAVE HARMLESS ETMC EMS AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS. LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY, THE ACTS OF WYLIE OR ITS AGENTS OR EMPLOYEES, IN THE EXECUTION OR PERFORMANCE OF OBLIGATIONS PURSUANT TO THIS AGREEMENT. WYLIE AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS CAUSED BY ITS, OR ITS AGENTS OR EMPLOYEES, OWN NEGLIGENCE, MALFEASANCE, ACT OR OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN WYLIE AND ITS EMPLOYEES AS A RESULT OF THAT EMPLOYEES EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH WYLIE, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT, EMPLOYEE BENEFITS, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. 16. Miscellaneous Provisions. a) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to he notified, postage pre-paid and registered or Contract for Paramedic Services Page 5 certified with return receipt requested. or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery 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 notice, the addresses of the parties shall be as follows: If to Wylie: Wylie Fire Department Attn: Randy Corbin 2000 Highway 78 North Wylie, Texas 75098 If to ETMC EMS to: East Texas Medical Center EMS Attn: Anthony J. Myers, Vice President/COO P.O. Box 387 Tyler, Texas 75710 b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County. Texas. d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts. each of which shall be deemed an original for all purposes. f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears. that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof g) Savings;Severability. in case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability Contract for Paramedic Services Page 6 s2i z5t,,1 shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) 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. j) Sovereign Immunity. The parties agree that Wylie has not waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. k) Assignment. This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on October 1, 2008. THE CITY OF WYLIE, TEXAS, a Municipal Corporation By: 'l� wUgf` Date: /021( " Mindy Man Its: City Manager EAST TEXAS MEDICAL CENTER d/b/a EAST TEXAS MEDICAL CENTER EMERGENCY MEDICAL SERVICE a Texas not-for-profit corporation ,A ) `� Date: /� f Anthony d. , rs Its: Vice President/COO Contract for Paramedic Services Page 7 52135,'I Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 27, 2009 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Rena&011ie Account Code: Date Prepared: 01/14/09 Budgeted Amount: Exhibits: Two Subject Consider, and act upon approval of Ordinance No. 2009-04 amending Comprehensive Zoning Ordinance 2001- 48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity-generating appliances. ZC2008-12 Recommendation Motion to approve Ordinance No. 2009-04 amending Comprehensive Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity-generating appliances. ZC2008-12 Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The amendment is to allow for wind powered systems as a means of providing alternative energy sources to the residents within Wylie, and to provide safe, effective and efficient use of such systems. Zoning Ordinance 2001-48 Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined), of the Comprehensive Zoning Ordinance of the City, is amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 01/14/09 City Manager M M as 1 D Page 1 of 1 ORDINANCE NO. 2009-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 2001-48 OF THE CITY OF WYLIE, TEXAS, BY AMENDING ARTICLE 2, SECTION 2.5 (REGULATIONS APPLICABLE TO ALL DISTRICTS) AND ARTICLE 10, SECTION 10.2 (WORDS AND TERMS DEFINED); ALLOWING FOR AND PROVIDING CERTAIN SAFEGUARDS RELATING TO WIND-POWERED ELECTRICITY-GENERATING APPLIANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2001-48 OF THE CITY OF WYLIE, TEXAS, BY AMENDING Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to amend Zoning Ordinance No. 2001-48 OF THE CITY OF WYLIE, TEXAS, BY AMENDING Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined), should be amended as set forth in Exhibit A (attached). 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 Zoning Ordinance No. 2001-48 OF THE CITY OF WYLIE, TEXAS, BY AMENDING Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined). Amendment to Zoning Ordinance No. 2001- 48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined), is hereby amended to read as shown in Exhibit A (attached): SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, 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 Ordinance No. 2009-04 ZC 2008-12 Amending Zoning Ordinance No. 2001-48 Article 2,Section 2.5 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. 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 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 27th day of January, 2009. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy, Roeder, Boyd &Joplin, P.C. Julie Y. Fort Ordinance No. 2009-04 ZC 2008-12 Amending Zoning Ordinance No.2001-48 Article 2, Section 2.5 EXHIBIT"A" SECTION 2.5 REGULATIONS APPLICABLE TO ALL DISTRICTS A. APPLICABILITY The regulations in this Section shall apply to all zoning districts in this ordinance, as amended. B. GENERAL 1. No land or structure shall be used,nor intended for any use, other than those uses permitted in the district where the land or structure is located. 2. No structure shall be erected, reconstructed, enlarged, structurally altered, or moved in such a manner as to evade conformity with height, bulk, lot area, use and other regulations for the district where the structure is located. 3. No yard provided adjacent to a structure for the purpose of complying with provisions of this Zoning Ordinance, as amended, shall be considered as providing any part of a yard for another building or structure on the same lot or on an adjacent lot. C. ACCESSORY STRUCTURES 1. Attached accessory structures shall conform to the regulations applicable to the main building to which they are attached. Attached structures are defined as any structure sharing a common roof with the primary structure. 2. Detached accessory structures shall be subject to all of the following regulations, in addition to any other applicable regulations of this chapter. NOTE: Accessory structures in AG/30 zoning districts directly associated with the support of a bona fide private agricultural use of the property and those structures associated with the private generation of electrical power have some differentiating requirements which are noted under separate headings below as necessary. a. Number of Structures: (1) No more than two (2) accessory structures may be placed on any residential or commercial lot. (2) AG/30: The number of accessory structures that may be placed on an AG/30 lot is limited by lot coverage(see 4.b.2.b). b. Lot coverage: (1) The combined floor area of all accessory structures shall not exceed five (5) percent of lot coverage or sixty (60) percent of the primary structure, whichever is less. In no case shall the combined area of the primary structure and accessory structure(s) exceed the maximum percentage of lot coverage allowed for the zoning district on which the structures are placed. (2) AG/30: Barns and/or stables shall be limited in area to ten (10) percent of lot coverage. EXHIBIT"A" c. Setback Requirements: (1) Street: Accessory structures shall not extend beyond a platted front, side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the structure shall not be located closer than ten(10) feet from the property line. (2) Easement: No accessory structure shall be located within any easement. (3) Front: Accessory structures shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district, whichever is greater. (4) Side: Accessory structure shall not be located closer than five(5) feet to the side property line when the accessory structure is located behind the main building. When the accessory structure is located in the side yard,the setback for the accessory structure will be the same as the setback requirement for the main building. (5) Rear: When the accessory structure is a garage or carport with rear access, the rear setback shall be a minimum of twenty (20) feet from the property line. All other accessory structures shall not be located closer than five(5)feet to the rear property line. (6) Other Structures -Accessory structures, other than carports, shall not be located within five(5) feet of any other structure. (7) AG/30: Barns and/or stables shall not be located within fifty(50) feet of any property line or dwelling. d. Roof: (1) The minimum roof slope for all accessory structure shall be 3:12, unless the accessory structure is prefabricated, pre-finished, and covers less then two(2)percent of the lot or is a carport. (2) The color and materials of the roof of the accessory structure must closely resemble the color and materials of the roof of the main structure, unless the accessory structure is prefabricated, pre- finished, and covers less then two (2) percent of the lot or is a carport. e. Exterior Walls: (1) Accessory structure covering less than two (2) percent of the lot are required to be constructed with exterior walls composed of metal with a baked-on enamel or vinyl finish, vinyl, wood structure that is prefinished and prefabricated, composite masonry facade, or the same masonry content required of the main structure. (2) Accessory structures covering more than two (2) percent of the lot are required to be constructed with exterior walls composed of composite masonry facade material or the same masonry content required of the main structure. (3) AG/30: Barns and stables located on property zoned Agricultural (AG/30) are exempt from the masonry requirement for exterior walls. (4) No pressure treated wood is permitted as exterior finish. EXHIBIT"A" f. Height: (1) Accessory structures shall be limited to a height of not more than fourteen(14) feet. (2) AG/30: Accessory structures shall be limited to a height of not more than twenty(20) feet. g. Notes: AG/30: Commercial equestrian or rodeo arenas whether enclosed, partially enclosed, or open air shall require a Specific Use Permit as provided in section 5.4"Special Use Permits"of this ordinance. D. WIND POWERED SYSTEMS Wind Powered Systems may exist only as a secondary use. A Wind Powered System may not be erected on a lot until a primary structure has been constructed. 1. Size limitations a. Wind powered systems will be limited to no more than 60 feet in total height within Residential or Commercial districts and 100 feet in Industrial districts. b. An applicant desiring to install a wind powered system greater than the height limitations as specified by this ordinance shall be required to submit application for a Specific Use Permit in accordance with Section 5.4 of the Zoning Ordinance. c. Wind powered systems including windmills and/or wind turbines shall be setback from all boundaries of any lot or habitable structure by a distance equal to at least one hundred twenty-five percent (125%) of the tower's height, as measured from average natural ground level, to the top of the hub above such ground level. d. Applicants wishing to install towers greater than those specified in subsection b. above, must request a specific use permit in accordance with Article 5, Section 5.4 of the Zoning ordinance. 2. Design Requirements a. Wind Powered System shall be installed according to the manufacturer's recommendations and under the seal of a professional engineer registered by the State of Texas. Wet stamps are required for systems greater than 20kw. b. All wind powered systems are limited to 60dB at any point along the property line. c. The tower shall be a monopole type without guy wires. d. The color of all wind powered systems shall be non-reflective and of neutral tones or of earth tones such as subdued green or brown. Grey, including naturally darkening galvanized grey, is also an acceptable neutral tone. Wind powered systems shall not be finished in bright or vivid colors intended to draw attention to the structure. EXHIBIT"A" e. Multiple wind powered systems are allowed on any lot, provided they are separated by a distance equal to at least the height of the tallest such tower, as measured from average natural ground level to the highest point of the wind blades' elevation above such ground level. f. Lighting. All lighting not required by Federal Aviation Administration (FAA)regulations is prohibited. g. Signs. There shall be no signage on the tower structure or any rotor blade other than those required by National Codes or Manufacturers requirements. h. Safety shutdown: The system must be equipped with both manual and automatic controls to limit the rotational speed of the blades within the design limit of the rotor and to shutdown during high wind speeds in excess of 60 mph or in the event the grid shuts down. 3. Required Plans and Specifications In addition to the submittals otherwise required upon making application for a building permit,the application for a building permit for a Wind Powered System must be accompanied by a site plan. a. A site plan of the proposed Wind Powered System shall include: (1) A survey or scaled drawing of the site on which the proposed Wind Powered System will be constructed. (2) The location of the Wind Powered System in regards to the property on which the system will be constructed. (3) All components of the system including the distance of the system to the property lines; required setbacks; existing structures on the site; natural features such as watercourse and trees. b. Elevation drawings shall include: (1) The design and height of the proposed Wind Powered System; (2) Detailed drawings of all system components. 4. Permitting Requirements a. Small wind turbines must have been approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association. b. Compliance with Uniform Building Code: Building permit applications for wind systems shall be accompanied by standard drawings of the Wind Powered System, including the tower, base and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code or International Building Code and certified by a licensed professional engineer registered by the State of Texas shall also be submitted. Wet stamps shall be required for systems greater than 20kw. c. Compliance with FAA Regulations: Wind Powered Systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. EXHIBIT"A" d. Compliance with National Electric Code: Building permit applications for Wind Powered Systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to the National Electrical Code and UL1741. e. Utility Notification: No Wind Powered System shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. 5. Maintenance and Abandonment a. A property owner with a valid permit to operate a wind powered system must submit to the Building Inspection Department every other year from the date of original permit a letter prepared by a Professional Engineer registered in the State of Texas, stating that the wind powered system continues to meet current electrical and structural requirements as set forth in this Ordinance. b. A Wind Powered System that has become unstable, leans significantly out of plumb, or that poses a danger of collapse shall be removed or brought into repair within 60 days following notice by the Building Official to the owner of the lot upon which the System is located. The Building Official may order immediate repairs in the event of imminent collapse. Failure to make the required repairs within the time provided is an offense. c. If the owner of a Wind Powered System plans to abandon or discontinue, or is required to discontinue, the operation of the System, the owner shall notify the Building Official by certified U.S. mail of the proposed date of abandonment or discontinuation. Such notice shall be given no less than thirty(30) days prior to abandonment or discontinuation. d. In the event that an owner fails to give such notice, the Wind Powered System shall be considered abandoned if the Wind Powered System is not operated for a continuous period of six(6)months. (1) Upon abandonment or discontinuation of use,the property owner shall physically remove the Wind Powered System within ninety (90) days from the date of abandonment or discontinuation of use. (2) "Physically remove" includes, without limitation, the actual, complete removal of the tower, turbine and all other components of the Wind Powered System from the site of the original installation. EXHIBIT"A" SECTION 10.2 WORDS AND TERMS DEFINED Wind Powered System means a machine designed to convert kinetic energy in the wind to mechanical or electrical energy, for the primary purpose of on-site use and not for resale or transmission off-site. Wind energy conversion systems include a tower and all directly connected facilities and associated control equipment, but not including any wired connections stemming from the tower. 7A1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 27, 2009 Item Number: D Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: January 7, 2009 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of October 31, 2008,November 30, 2008, and December 31, 2008. Recommendation Motion to appcept and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of October 31, 2008, November 30, 2008, and December 31, 2008. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director MB 1/07/09 City Manager [ V Y\ I / (Dci Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31,2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVERI(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 15,407,378 91,776.63 32,491.56 -59,285 FRANCHISE FEES 1,955,000 4,581.00 0.00 -4,581 LICENSES AND PERMITS 594,500 48,091.00 37,432.00 -10,659 INTERGOVERNMENTAL REV. 591,480 3,872.00 703.72 -3,168 SERVICE FEES 2,199,200 42,608.70 10,738.05 -31,871 FINES AND FORFEITURES 540,000 43,127.00 40,625.91 -2,501 INTEREST INCOME 351,310 29,275.76 13,478.38 -15,797 MISCELLANEOUS INCOME 186,740 15,555.52 8,600.73 -6,955 OTHER FINANCING SOURCES 516,330 5,527.50 6,553.88 1,026 TOTAL REVENUES 22,341,938 284,415 150,624 -133,791 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 132,390 11,032.61 16,467.76 5,435 CITY MANAGER 767,530 63,960.76 42,377.48 -21,583 CITY SECRETARY 257,190 21,432.39 12,135.76 -9,297 CITY ATTORNEY 173,000 14,416.74 158.36 -14,258 FINANCE 671,640 55,969.78 35,439.07 -20,531 FLEET& FACILITIES SVC 210,800 17,566.74 9,642.07 -7,925 MUNICIPAL COURT 333,910 27,825.87 19,179.00 -8,647 HUMAN RESOURCES 207,160 17,305.11 10,575.00 -6,730 PURCHASING 111,520 9,205.15 5,735.00 -3,470 INFORMATION TECHNOLOGY 350,240 29,186.74 8,296.92 -20,890 POLICE 4,841,100 403,424.89 384,174.07 -19,251 FIRE 5,076,930 423,077.50 413,350.72 -9,727 ANIMAL CONTROL 268,000 22,333.37 16,406.10 -5,927 PLANNING 398,465 33,205.38 19,671.70 -13,534 BUILDING INSPECTION 718,800 59,879.35 36,945.77 -22,934 CODE ENFORCEMENT 181,430 15,119.24 9,529.59 -5,590 STREETS 1,742,360 145,196.85 77,204.54 -67,992 PARKS 1,548,110 129,009.02 164,593.30 35,584 RECREATION 314,710 24,559.13 7,645.14 -16,914 LIBRARY 715,025 59,585.16 87,847.09 28,262 COMBINED SERVICES 3,066,600 255,549.89 233,733.60 -21,816 TOTAL EXPENDITURES 22,086,910 1,838,842 1,611,108 -227,734 REVENUES OVER/(UNDER) EXPENDITURI 255,028 -1,554,427 -1,460,484 93,943 CITY OF WYLIE MONTHLY FINANCIAL REPORT October 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,970,000 1,530,833 -6,207 -1,537,040 INTEREST INCOME 200,000 16,666 12,098 -4,568 MISCELLANEOUS INCOME 30,000 2,500 5,373 2,873 OTHER FINANCING SOURCES 1,500,000 125,000 0 -125,000 TOTAL REVENUES 10,700,000 1,674,999 11,264 -1,663,735 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 561,890 46,824 33,516 -13,308 UTILITIES -WATER 1,121,030 93,419 63,924 -29,495 CITY ENGINEER 485,660 40,471 25,010 -15,461 UTILITIES-SEWER 511,590 42,632 42,176 -456 UTILITY BILLING 548,594 45,716 28,823 -16,893 COMBINED SERVICES 7,382,180 615,182 605,553 -9,629 TOTAL EXPENDITURES 10,610,944 884,244 799,002 -85,242 REVENUES OVER/(UNDER) EXPENDITURI 89,056 790,755 -787,738 -1,578,493 CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 15,407,378 1,191,147.71 298,671.56 -892,476 FRANCHISE FEES 1,955,000 9,213.50 1,795.46 -7,418 LICENSES AND PERMITS 594,500 89,947.70 66,794.53 -23,153 INTERGOVERNMENTAL REV. 591,480 125,655.16 18,080.75 -107,574 SERVICE FEES 2,199,200 202,968.36 169,080.79 -33,888 FINES AND FORFEITURES 540,000 86,954.00 69,843.92 -17,110 INTEREST INCOME 351,310 58,551.60 23,558.63 -34,993 MISCELLANEOUS INCOME 186,740 31,111.01 8,694.53 -22,416 OTHER FINANCING SOURCES 516,330 11,055.00 18,136.16 7,081 TOTAL REVENUES 22,341,938 1,806,604 674,656 -1,131,948 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 132,390 22,065.10 19,525.55 -2,540 CITY MANAGER 767,530 127,921.60 125,944.29 -1,977 CITY SECRETARY 257,190 42,864.90 38,331.46 -4,533 CITY ATTORNEY 173,000 28,833.40 13,178.53 -15,655 FINANCE 671,640 111,939.80 97,757.04 -14,183 FLEET&FACILITIES SVC 210,800 35,133.40 17,388.13 -17,745 MUNICIPAL COURT 333,910 55,651.70 52,157.60 -3,494 HUMAN RESOURCES 207,160 34,610.10 30,013.76 -4,596 PURCHASING 111,520 18,398.50 19,401.95 1,003 INFORMATION TECHNOLOGY 350,240 58,373.40 107,533.69 49,160 POLICE 4,841,100 806,849.40 915,264.54 108,415 FIRE 5,076,930 846,155.00 922,480.06 76,325 ANIMAL CONTROL 268,000 44,666.70 43,109.08 -1,558 PLANNING 398,465 66,410.80 61,569.75 -4,841 BUILDING INSPECTION 718,800 119,758.50 100,381.45 -19,377 CODE ENFORCEMENT 181,430 30,238.40 19,216.00 -11,022 STREETS 1,742,360 290,393.50 185,442.72 -104,951 PARKS 1,548,110 258,018.20 293,877.95 35,860 RECREATION 314,710 49,118.30 11,042.29 -38,076 LIBRARY 715,025 119,170.60 167,326.53 48,156 COMBINED SERVICES 3,066,600 511,099.90 363,869.07 -147,231 TOTAL EXPENDITURES 22,086,910 3,677,671 3,604,811 -72,860 REVENUES OVER/(UNDER) EXPENDITUR 255,028 -1,871,067 -2,930,155 -1,059,088 CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,970,000 1,933,667 812,073 -1,121,594 INTEREST INCOME 200,000 33,333 23,094 -10,239 MISCELLANEOUS INCOME 30,000 5,000 11,986 6,986 OTHER FINANCING SOURCES 1,500,000 250,000 0 -250,000 TOTAL REVENUES 10,700,000 2,222,000 847,153 -1,374,847 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 561,890 93,648 94,006 358 UTILITIES-WATER 1,121,030 186,838 152,652 -34,186 CITY ENGINEER 485,660 80,943 74,125 -6,818 UTILITIES-SEWER 511,590 85,265 75,429 -9,836 UTILITY BILLING 548,594 91,432 65,941 -25,491 COMBINED SERVICES 7,382,180 1,230,364 875,506 -354,857 TOTAL EXPENDITURES 10,610,944 1,768,490 1,337,659 -430,830 REVENUES OVER/(UNDER) EXPENDITUR 89,056 453,510 -490,506 -944,017 CITY OF WYLIE MONTHLY FINANCIAL REPORT December 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 15,407,378 7,767,990.46 7,779,295.74 11,305 FRANCHISE FEES 1,955,000 1,834.50 3,584.43 1,750 LICENSES AND PERMITS 594,500 97,499.05 98,227.05 728 INTERGOVERNMENTAL REV. 591,480 48,427.70 52,118.68 3,691 SERVICE FEES 2,199,200 333,248.02 323,436.39 -9,812 FINES AND FORFEITURES 540,000 110,781.00 95,533.14 -15,248 INTEREST INCOME 351,310 50,187.14 23,761.78 -26,425 MISCELLANEOUS INCOME 186,740 14,894.62 14,293.53 -601 OTHER FINANCING SOURCES 516,330 474,746.97 474,746.97 0 TOTAL REVENUES 22,341,938 8,899,609 8,864,998 -34,612 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 132,390 33,097.59 27,194.60 -5,903 CITY MANAGER 767,530 191,882.44 187,255.13 -4,627 CITY SECRETARY 257,190 64,297.41 56,478.90 -7,819 CITY ATTORNEY 173,000 25,000.00 26,316.75 1,317 FINANCE 671,640 161,009.82 148,834.34 -12,175 FLEET&FACILITIES SVC 210,800 42,300.06 31,548.93 -10,751 MUNICIPAL COURT 333,910 83,477.53 77,107.05 -6,370 HUMAN RESOURCES 207,160 51,915.09 51,897.27 -18 PURCHASING 111,520 27,591.85 28,675.73 1,084 INFORMATION TECHNOLOGY 350,240 143,810.06 125,348.97 -18,461 POLICE 4,841,100 1,256,274.91 1,285,652.12 29,377 FIRE 5,076,930 1,269,232.50 1,281,618.82 12,386 ANIMAL CONTROL 268,000 67,000.03 64,979.34 -2,021 PLANNING 398,465 99,616.22 89,648.50 -9,968 BUILDING INSPECTION 718,800 179,637.65 151,533.01 -28,105 CODE ENFORCEMENT 181,430 45,357.56 29,486.81 -15,871 STREETS 1,742,360 345,990.15 357,742.17 11,752 PARKS 1,548,110 417,027.38 407,979.60 -9,048 RECREATION 314,710 15,000.00 14,318.09 -682 LIBRARY 715,025 206,756.04 213,276.28 6,520 COMBINED SERVICES 3,066,600 1,092,810.39 1,092,810.39 0 TOTAL EXPENDITURES 22,086,910 5,819,085 5,749,703 -69,382 REVENUES OVER/(UNDER) EXPENDITUR 255,028 3,080,525 3,115,295 34,770 CITY OF WYLIE MONTHLY FINANCIAL REPORT December 31, 2008 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2008-2009 2008-2009 2008-2009 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,970,000 1,567,500 1,510,759 -56,741 INTEREST INCOME 200,000 50,000 23,094 -26,906 MISCELLANEOUS INCOME 30,000 7,500 14,429 6,929 OTHER FINANCING SOURCES 1,500,000 1,500,000 1,500,000 0 TOTAL REVENUES 10,700,000 3,125,000 3,048,282 -76,718 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 561,890 140,472 135,067 -5,406 UTILITIES-WATER 1,121,030 233,132 233,512 379 CITY ENGINEER 485,660 112,415 107,004 -5,411 UTILITIES-SEWER 511,590 124,098 113,138 -10,959 UTILITY BILLING 548,594 101,825 98,814 -3,011 COMBINED SERVICES 7,382,180 1,808,323 1,769,944 -38,379 TOTAL EXPENDITURES 10,610,944 2,520,265 2,457,478 -62,787 REVENUES OVER/(UNDER) EXPENDITURI 89,056 604,735 590,804 -13,931 Pit Wylie City Council CITY OF WYLIE AGENDA REPORT V Meeting Date: January 27, 2009 Item Number: E Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: January 9, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2008 and December 31, 2008. Recommendation Motion to accept and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2008 and December 31, 2008. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on December 19, 2008 and January 16, 2009. Approved By Initial Date Department Director SS 1/16/09 City Manager f)I Y , it a)..1 0 9 Page 1 of 1 12-15-2008 07:46 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: NOVEMBER 30TH, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 606,740.26 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 740.45 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCOUNTS REC - SAVAGE 421,443.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,639,582.38 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 343,162.00 4,011,668.09 TOTAL ASSETS 4,011,668.09 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 995.09 2000-20111 MEDICARE PAYABLE 96.47 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE 270.66 2000-20117 TMRS PAYABLE 481.97 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 103.88 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ( 317.50) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 2,672.31 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 890.78 2000-20540 NOTES PAYABLE 343,162.00 2000-20810 DUE TO GENERAL FUND 0.00 2000-22270 DEFERRED REVENUE 322,525.80 12-15-2008 07:46 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: NOVEMBER 30TH, 2008 Ill-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE TOTAL LIABILITIES 670,881.46 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,495,474.24 TOTAL BEGINNING EQUITY 3,495,474.24 TOTAL REVENUE 12,106.23 TOTAL EXPENSES 166,793.84 REVENUE OVER/(UNDER) EXPENSES ( 154,687.61) TOTAL EQUITY & OVER/(UNDER) 3,340,786.63 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 4,011,668.09 12-17-2008 03:31 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: NOVEMBER 30TH, 2008 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN WEDC 0.00 1000-18120 Loan-Birmingham 0.00 1000-18210 AMOUNT TO BE PROVIDED 5,402.69 1000-18220 Birmingham Loan 0.00 5,402.69 TOTAL ASSETS 5,402.69 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 32,720.70 2000-21410 ACCRUED INTEREST PAYABLE 5,197.00 2000-28205 WEDC LOANS-CURRENT 199,646.81 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 534,343.52 2000-28240 HUGHES LOAN PAYABLE 253,411.46 2000-28250 CITY OF WYLIE LOAN 0.01 2000-28260 PRIME KUTS LOAN 194,816.47 2000-28270 BOWLAND/ANDERSON LOAN 52,125.09 2000-28280 CAZAD LOAN 161,612.64 TOTAL LIABILITIES 1,433,873.70 EQUITY 3000-34590 FUND BALANCE ( 1,428,471.01) TOTAL BEGINNING EQUITY ( 1,428,471.01) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,428,471.01) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 5,402.69 12-15-2008 07:46 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 8 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000.00 0.00 0.00 0.00 0.00 1,300,000.00 0.00 INTEREST INCOME 10,000.00 854.46 0.00 1,728.24 0.00 8,271.76 17.28 MISCELLANEOUS INCOME 109,600.00 5,240.00 0.00 10,377.99 0.00 99,222.01 9.47 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 6,094.46 0.00 12,106.23 0.00 1,407,493.77 0.85 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,875,821.00 82,502.74 0.00 166,793.84 3,426.73 1,705,600.43 9.07 TOTAL EXPENDITURES 1,875,821.00 82,502.74 0.00 166,793.84 3,426.73 1,705,600.43 9.07 REVENUE OVER/(UNDER) EXPENDITURES ( 456,221.00) ( 76,408.28) 0.00 ( 154,687.61) ( 3,426.73) ( 298,106.66) 34 66 12-15-2008 07:46 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 6 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 0.00 0.00 0.00 0.00 1,300,000.00 0.00 TOTAL TAXES 1,300,000.00 0.00 0.00 0.00 0.00 1,300,000.00 0.00 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 10,000.00 854.46 0.00 1,728.24 0.00 8,271.76 17.28 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 10,000.00 854.46 0.00 1,728.24 0.00 8,271.76 17.28 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 108,400.00 5,240.00 0.00 10,377.99 0.00 98,022.01 9.57 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 1,200.00 0.00 0.00 0.00 0.00 1,200.00 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 109,600.00 5,240.00 0.00 10,377.99 0.00 99,222.01 9.47 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 6,094.46 0.00 12,106.23 0.00 1,407,493.77 0.85 12-15-2008 07:46 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 6 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 174,722.00 19,006.35 0.00 27,191.74 0.00 147,530.26 15.56 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 770.00 772.00 0.00 772.00 0.00 ( 2.00) 100.26 5611-51145 SICK LEAVE BUYBACK 1,900.00 1,781.94 0.00 1,781.94 0.00 118.06 93.79 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 1,306.17 0.00 1,959.25 0.00 9,360.75 17.31 5611-51220 PHONE ALLOWANCE 2,976.00 343.38 0.00 515.07 0.00 2,460.93 17.31 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 18,992.00 1,529.60 0.00 2,363.55 0.00 16,628.45 12.44 5611-51410 HOSPITAL & LIFE INSURANCE 15,870.00 1,596.44 0.00 3,192.88 0.00 12,677.12 20 12 5611-51420 LONG-TERM DISABILITY 1,040.00 73.62 0.00 110.43 0.00 929.57 10.62 5611-51440 FICA 11,820.00 246.60 0.00 379.78 0.00 11,440.22 3.21 5611-51450 MEDICARE 2,900.00 229.97 0.00 354.65 0.00 2,545.35 12.23 5611-51470 WORKERS COMP PREMIUM 490.00 0.00 0.00 490.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 243,340.00 26,886.07 0.00 39,111.29 0.00 204,228.71 16.07 SUPPLIES 5611-52010 OFFICE SUPPLIES 9,000.00 233.95 0.00 233.95 39.37 8,726.68 3.04 5611-52040 POSTAGE 2,220.00 0.00 0.00 0.00 53.00 2,167.00 2.39 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 80.00 0.00 204.60 35.81 6,059.59 3.82 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 17,520.00 313.95 0.00 438.55 128.18 16,953.27 3.23 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 551,509.00 0.00 0.00 24,805.00 0.00 526,704.00 4.50 5611-56040 SPECIAL SERVICES 36,995.00 3,145.65 0.00 4,133.15 436.49 32,425.36 12.35 5611-56080 ADVERTISING 44,735.00 1,385.00 0.00 1,385.00 811.00 42,539.00 4.91 5611-56090 COMMUNITY DEVELOPMENT 56,963.00 9,961.38 0.00 11,661.38 0.00 45,301.62 20.47 5611-56110 COMMUNICATIONS 3,060.00 221.54 0.00 446.20 0.00 2,613.80 14.58 5611-56180 RENTAL 19,500.00 2,136.24 0.00 4,336.24 0.00 15,163.76 22.24 5611-56210 TRAVEL AND TRAINING 33,279.00 30.00 0.00 30.00 1,901.06 31,347.94 5.80 5611-56250 DUES & SUBSCRIPTIONS 7,733.00 0.00 0.00 1,500.00 150.00 6,083.00 21.34 5611-56310 INSURANCE 2,500.00 0.00 0.00 0.00 0.00 2,500.00 0.30 5611-56513 AUDIT AND LEGAL SERVICES 22,560.00 525.50 0.00 525.50 0.00 22,034.50 2 33 5611-56570 ENGINEERING - ARCHITECT SVC 28.000.00 0.30 0.00 0.00 0.00 28,000.00 0.00 5611-56613 UTILITIES - ELECTRIC 4,000.00 182.47 0.00 182.47 0.00 3,817.53 4.56 TOTAL CONTRACTUAL SERVICES 810,834.00 17,587.78 0.00 49,004.94 3,298.55 758,530,51 6.45 12-15-2008 07,46 AM CITY OF WYLIE PAGE, 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2008 111-WYLIE ECONOMPC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 6 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 274,501.00 25,900.98 0.00 59,611.14 0.00 214,889.86 21.72 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 274,501.00 25,900.98 0.00 59,611.14 0.00 214,889.86 21.72 CAPITAL OUTLAY 5611-58110 LAND 400,000.00 0.00 0.00 0.00 0.00 400,000.00 0.00 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 52,300.00 0.00 0.00 0.00 0.00 52,300.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-58830 FURNITURE & FIXTURES 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 460,300.00 0.00 0.00 0.00 0.00 460,300.00 0.00 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 66,326.00 11,813.96 0.00 18,627.92 0.00 47,698.08 28.09 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 66,326.00 11,813.96 0.00 18,627.92 0.00 47,698.08 28.09 TOTAL DEVELOPMENT CORP-WEDC 1,875,821.00 82,502.74 0.00 166,793.84 3,426.73 1,705,600.43 9.07 TOTAL EXPENDITURES 1,875,821.00 82,502.74 0.00 166,793.84 3,426.73 1,705,600.43 9.07 REVENUE OVER (UNDER) EXPENDITURES ( 456,221.00) ( 76,408.28) 0.00 ( 154,687.61) ( 3,426.73) ( 298,106.66) 34.66 * ENC OF REPORT **" Wylie Economic Development Corporation Balance Sheet Sub ledger November 30, 2008 Notes Payable Payment Beginning Bal. Principal Interest Principal Balance October 31, 2008 $1,453,909.52 November Inwood(#37 of 120) $10,263.63 $614,860.28 $7,319.77 $2,943.86 $607,540.51 Birmingham(#57 of 60) 5,741.48 22,634.62 5,609.44 132.04 17,025.18 Hughes(#28 of 120) 3,774.70 280,185.71 2,373.77 1,400.93 277,811.94 City of Wylie (#16 of 24) 6,813.96 60,017.68 6,582.28 260.08 53,435.40 Prime Kuts (#13 of 120) 2,539.59 211,531.48 1,481.94 1,057.66 210,049.54 Bowland(#13 of 60) 773.31 32,927.86 608.67 164.64 32,319.19 Anderson(#13 of so) 773.31 32,927.86 608.67 164.64 32,319.19 CapitalOne(#8 of 120) 2,034.96 173,143.10 1,134.78 900.18 172,008.32 November 30, 2008 $25,719.32 $1,402,509.27 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Balance Sheet Subledger November 30, 2008 Inventory-Land Address Acreage Improvements (sq. ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.22 Perry 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson Cooper Dr. 0.372 n/a 106,418.50 KCS Cooper Dr. 0.406 n/a 60,207.87 Hughes 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 210 Industrial 0.27 3,900 200,781.55 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.48 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 Sale to Savage -3.87 -98,917.20 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 29.03 2,639,582.38 *A Journal entry was made by auditors to adjust the cost of the Hughes land by $4,638.79. This amount was for taxes owed and therefore not part of the land value. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF DECEMBER 2008 MONTH WEDC WEDC WEDC DIFF % DIFF 2007 2008 2009 08 VS 09 08 VS 09 DECEMBER $82,910 $82,384 $90,500 $8,116 9.85% JANUARY 86,614 89,898 FEBRUARY 121,615 132,441 MARCH 83,172 86,460 APRIL 81,377 86,004 MAY 124,616 130,208 JUNE 86,779 99,523 JULY 90,996 98,845 AUGUST 114,655 132,563 SEPTEMBER 99,715 112,165 OCTOBER 91,185 100,202 NOVEMBER 124,515 142,985 Sub-Total $1,188,149 $1,293,677 $90,500 $8,116 9.85% AUDIT ADJ TOTAL $1,188,149 $1,293,677 $90,500 $8,116 9.85% WEDC SALES TAX RECEIPTS $160,000 - --- - __._._. $140,000 - il --) $120,000 - $100,000 �- $80,000 , n C3 2008 $60,000 ' ,112009 1 $40,000 $20,000 E 2 2 m Q - 4 j1 E O E U a, CD U N 4 L.L. N O N Z 1-09-2009 04:50 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: DECEMBER 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP ACCOUNTO TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 581,835.93 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 740.45 1000-11511 ACCOUNTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCCUNTS REC - SAVAGE 421,443 0? 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,639,582.33 1000-14118 INVENTORY - BAYCO - SANDEN ELV 0.00 1000-14310 PREPAID EXPENSES 0.00 1000-14410 DEFERRED CHARGE 343,162.00 ' 3,986,763.76 TOTAL ASSETS 3,986,763.76 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 995.09 2000-20111 MEDICARE PAYABLE 96.47 2000-20112 CiiILD SUPPORT PAYABLE 0.00 2000-20113 UNION PAYABLE 0.00 2000-20114 iRg LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-201:6 NRACTH INSUR PAY-EMPLOYEE ! 192.63) 2000-20117 0MRS PAYABLE 481.97 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 A:CA PAYABLE 412.53 2000-20121 PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 `1:110 DEFERRED COMP 0.00 2000-2 01 2 6 , '/4A. PAYABLE 0.00 2000-20151 ..'.TRUED WAGES PAYABLE 0.00 2000-20180 AA.7CD:T EMPLOYEE INSUR PAY 318.96) 2000-20199 .!.SC PAYROLL PAYABLE 0.00 2000-20201 ., PEND:5/G 2,254.24 2000-20227 020UNTS PAYABLE 0.00 2000-20530 . OOPERTY TAXES PAYABLE 0.00 2000-20540 JC/P/S PAYABLE 343,162.30 2000-20810 _ 'PC GENERAL FUND 0.00 2000-222' PP:VENUE .22.02I 1-09-2005 )4:: pin CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: DECEMBER 31ST, 2008 111-WYLIE EC01,1 1:C DE'VEL CORP ACCCUNT4 TITLE TOTAL C,..3ILITIES 669,416.46 EQUITY 3000-34590 t".;ND BALANCE-UNRESERV/UNDESIG 3,495,474.24 TOTAL 3EOINNING EQUITY 3,495,474.24 TOTAL REVERIE 106,184.05 TOTAL E'XPEt;:.ES 234,310.99 RE`/EN'": OVER/(UNDER) EXPENSES ( 178,126.94? TOTAL. .=T'( & OVER/(UNDER) 3,317,347.30 TOTAL :,IAL__iTIES, EQUITY & OVER/(UNDER; 3,986,763.76 1-09-2009 PM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: DECEMBER 31ST, 2008 922-GEN LONG TEHN DEB" (WEDC) ACCOUNT4 TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN 'WEDC 0.00 1000-18120 Loam-Birmingham 0.00 1000-13210A,MOUNT TO BE PROVIDED 0.00 1000-18210 Birmingham Loan 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20110 COMPENSATED ABSENCES PAYABLE 32,720.70 2000-2141') ACCRUED INTEREST PAYABLE 5,197.00 2000-2820 WEDC LOANS-CURRENT 173,864.76 2000-23220 BIRMINGHAM LOAN 0.00 2000-23230 INUWOOD LOAN 534,343.52 2000-23240 HUGHES LOAN PAYABLE 253,411.46 2000-23200 C"TY OF WYLIE LOAN 0.00 2000-281260 PRIME 'CUTS LOAN 194,816.47 2000-28217 BO`ALAND/ANDERSON LOAN 52,125.09 2000-28280 CAZAD LOAN 161,612.64 TOTAL LIA:BI ,ITIES 1,408,091.64 EQUITY 3000-34�590 FUND BALANCE 1,408,091.64) TOTAL BEG:1041MG EQUITY ( 1,408,091.64) TOTAi F .VENUE 0.00 TOTA.'. ....PENSES 0.00 . LVENUE O'/ERi(UNDER) EXPENSES 0.00 '1'VI'AL EOU:TY I OVER/(UNDER) ( 1,408,091.641 TOTAL LIABILTTIES, EQUITY & OVER/(UNDER) 0.00 1-09-2009 04:31 PM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,300,000 00 90,499.86 0.00 90,499.86 0.00 1,209,500.14 6.96 INTEREST INCOME 10,000 00 677.96 0.00 2,406.20 0.00 7,593.80 24.06 MISCELLANEOUS INCOME 109,600.00 2,900,00 0.00 13,277.99 0.00 96,322.01 12.11 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600 00 94,077.82 0.00 106,184.05 0.00 1,313,415.95 7.48 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,875,821,00 116,372.00 0.00 284,310.99 391.85 1,591,118.16 15.18 TOTAL EXPENDITURES 1,875,821.00 116,872.00 0.00 284,310.99 391.85 1,591,118.16 15.18 REVENUE OVER/(UNDER) EXPENDITURES ( 456,221.00) ( 22,794.18) 0.00 ( 178,126.94)( 391.85)( 277,702.21) 39.13 1-09-2009 04:31 PM CITY OF WYLIE PAGE: 2 REVENUE AND Ex?ENSE REPORT - (UNAUDITED) AS OF, DECEMBER. 31ST, 2008 111-WYLIE ECONOMIC DEVEL COR? REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,300,000.00 90,499.86 0.00 90,439.86 0.00 1,209,500.14 6.96 TOTAL TAXES 1,300,000.00 90,499.86 0.00 90,499.86 0.00 1,209,500.14 6.96 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 10,000.00 677.96 0.00 2,406.20 0.00 7,593.80 24.06 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 10,000.00 677.96 0.00 2,406.20 0.00 7,593.80 24.06 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 108,400.00 2,600.00 0.00 12,977.99 0.00 95,422.01 11.97 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISC INCOME 1,200.00 300.00 0.00 300.00 0.00 900.00 25.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 109,600.00 2,900.00 0.00 13,277.99 0.00 96,322.01 12.11 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,419,600.00 94,077.82 0.00 106,184.05 0.00 1,313,415.95 7,48 1-09-2009 04,31 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 174,722.00 12,670.90 0.00 39,862.64 0.00 134,859.36 22.81 5611-51130 OVERTIME 0.00 0,00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 770.00 0.00 0.00 772.00 0.00 ( 2.00) 100.26 5611-51145 SICK LEAVE BUYBACK 1.900 00 0.00 0.00 1,781.94 0.00 118.06 93.79 5611-51160 CERTIFICATION INCENTIVE 0.00 0,00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 C.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 370.78 0.00 2,830.03 0.00 8,489.97 25.00 5611-51220 PHONE ALLOWANCE 2,976.00 228.92 0.00 743.99 0.00 2,232.01 25.00 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 18,992.00 645.15 0.00 3,653.85 0.00 15,338.15 19.24 5611-51410 HOSPITAL & LIFE INSURANCE 15,370.00 3,149.36 0.00 6,342.24 0.00 9,527.76 39.96 5611-51420 LONG-TERM DISABILITY 1,040.00 36.81 0.00 147.24 0.00 892.76 14.16 5611-51440 FICA 11.320.00 210.34 0.00 590.12 0.00 11,229,88 4,99 5611-51450 MEDICARE 2,900.00 194.21 0.00 548.86 0.00 2,351.14 18.93 5611-51470 WORKERS COMP PREMIUM 490.00 0.00 0.00 490.00 0.00 0.00 100,00 5611-51480 UNEMPLOYMENT COMP (TWO) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 243,340.00 18,006.47 0.00 57,762.91 0.00 185,577.09 23.74 SUPPLIES 5611-52010 OFFICE SUPPLIES 9,000.00 474.85 0.00 708.80 0.00 8,291.20 7.88 5611-52040 POSTAGE 2,22).00 206.42 0.00 206.42 0,00 2,013.58 9.30 5611-52130 TOOLS & EQUIPMENT 0 00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 6,300.00 80.00 0.00 284.60 0.00 6,015.40 4.52 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0,00 0.00 TOTAL SUPPLIES 17,520.00 761.27 0.00 1,199.82 0,00 16,320.18 6.85 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 551,509.00 0.00 0.00 24,805.00 0.00 526,704,00 4.50 5611-56040 SPECIAL SERVICES 36,995.00 14,132.39 0.00 18,265.54 391.85 18,337,61 50,43 5611-56080 ADVERTISING 44,735.00 6.585 85 0.00 7,970.85 0.00 36,764.15 17.82 5611-56090 COMMUNITY DEVELOPMENT 56,963.00 6 .),,0.00 0,0C 17,661.38 0.00 39,301.62 31.01 5611-56110 COMMUNICATIONS 3,060.00 22).50 0.00 667.70 0.00 2,392.30 21.32 5611-56180 RENTAL 19,500 00 1,618.26 0.00 5,954.50 0.00 13,545.50 30.54 5611-56210 TRAVEL AND TRAINING 33,079 30 3.604.06 0.00 3,634.06 0.00 29,644,94 10.92 5611-56250 DUES 4 SUBSCRIPTIONS 7.733.00 1,356.00 0.00 2,856.00 0.00 4,877.00 36.93 5611-56310 INSURANCE 2.50C 00 0.00 0.00 0.00 0.00 2,500.00 0.00 5611-56510 AUDIT AND LEGAL SERVICES 22,5560.00 20.00 0.00 545.50 0.00 22,014.50 2.42 5611-56570 ENGINEERING - ARCHITECT SVC 23,0,20 00 3.00 0 00 0.00 0.00 28,000.00 0.00 5611-56610 UTILITIES - ELECTRIC 4,300.00 240.80 0.00 423.27 0.00 3,576.73 10.58 TOTAL CONTRACTUAL SEP'IICES 810.824.'20 33,773.86 0.00 32,733.80 391.85 727,653.35 10.26 1-09-2009 04:31 PM CITY OF WY:.IE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: DECEMBER 31ST, 2008 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 274,501.00 25,868.25 0.00 85,479.39 0.00 189,021.61 31.14 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 274,501.00 25,868.25 0.00 85,479.39 0.00 189,021.61 31.14 CAPITAL OUTLAY 5611-58110 LAND 400,000.00 0.00 0.00 0.00 0.00 400,000.00 0.00 5611-58120 DEVELOPMENT FEES 0.00 0.00 0,00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 52,300.00 30,713.00 0.00 30,713.00 0.00 21,587.00 58.72 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0.00 0.00 0.00 3,000.00 0.00 5611-58830 FURNITURE & FIXTURES 5,000.00 930.19 0.00 930.19 0.00 4,069.81 18.60 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 460,300.00 31,643.19 0.00 31,643.19 0.00 428,656.81 6.87 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 66,326.00 6,313.96 0.00 25,441.88 0.00 40,884.12 38.36 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 66,326.00 6,813.96 0.00 25,441.88 0.00 40,884.12 38.36 TOTAL DEVELOPMENT CORP-WEDC 1,375,321.00 116,872.00 0.00 284,310.99 391.85 1,591,118.16 15.18 • TOTAL EXPENDITURES 1,875.321.00 116,372 00 0.00 234,310.99 391.85 1,591,118.16 15.18 REVENUE OVER (UNDER) EXPENDITURES ( 456,221.00) ( 22,794.18) 0.00 ( 173,126.941( 391.851 ( 277,702.21) 39.13 "` END OF REPORT "" Wylie Economic Development Corporation Balance Sheet Sub ledger December 31, 2008 Notes Payable Payment Beginning Bal. Principal Interest Principal Balance November 30, 2008 $1,402,509.27 December Inwood(#38 of 120) $10,230.90 $607,540.51 $7,319.77 $2,943.86 $600,220.74 Birmingham(#58 of 60) 5,741.48 17,025.17 5,642.17 99.31 11,383.00 Hughes(#29 of 120) 3,774.70 277,811.95 2,385.64 1,389.06 275,426.31 City of Wylie(#18 of 24) 6,813.96 46,881.52 6,610.81 203.15 40,270.71 Prime Kuts(#14 of 120) 2,539.59 210,049.55 1,489.35 1,050.25 208,560.20 Bowland(#14 of 60) 773.31 32,319.19 611.71 161.59 31,707.48 Anderson(#14 of 60) 773.31 32,319.19 611.72 161.60 31,707.47 CapitalOne(#9 of 120) 2,034.96 172,008.32 1,110.89 924.07 170,897.43 December 31, 2008 $25,782.06 6,932.89 $1,370,173.34 Note: Principal and Interest payments vary by date of payment. Wylie Economic Development Corporation Balance Sheet Subledger December 31, 2008 Inventory- Land Address Acreage Improvements (sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Heath 706 Cooper 0.46 3,625 186,934.22 Perry 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson Cooper Dr. 0.372 n/a 106,418.50 KCS Cooper Dr. 0.406 n/a 60,207.87 Hughes 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 210 Industrial 0.27 3,900 200,781.55 Ferrell 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. -0.09 -20,094.48 Premier Plaza Martinez Lane 25.00 n/a 639,000.00 Sale to Savage -3.87 -98,917.20 Premier Industrial Park Hensley 3.2 n/a 155,000.00 Total 29.03 2,639,582.38 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF DECEMBER 2008 MONTH WEDC WEDC WEDC DIFF % DIFF 2007 2008 2009 08 VS 09 08 VS 09 DECEMBER $82,910 $82,384 $90,500 $8,116 9.85% JANUARY 86,614 89,898 FEBRUARY 121,615 132,441 MARCH 83,172 86,460 APRIL 81,377 86,004 MAY 124,616 130,208 JUNE 86,779 99,523 JULY 90,996 98,845 AUGUST 114,655 132,563 SEPTEMBER 99,715 112,165 OCTOBER 91,185 100,202 NOVEMBER 124,515 142,985 Sub-Total $1,188,149 $1,293,677 $90,500 $8,116 9.85% AUDIT ADJ TOTAL $1,188,149 $1,293,677 $90,500 $8,116 9.85% WEDC SALES TAX RECEIPTS $160,000 $140,000 rr ra R. $120,000 __ � Iti if $100,000 ! ' r i r Y a�: • e r; 6•r tt. 4 )F 2008 1 �1 r k f $60,000 ..4 e r{ G ak ,, 2009.. $40,000 $20,000 k .. g c ` $� ._.. Grp �.., mt r,. .. eu ..,.. ._. . a N /9 0 a f0 C j j N.0 8 N N C Q 2, m E tO E 0 ¢ - 0 > O (73 Z Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 27, 2009 item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: December 15, 2008 Budgeted Amount: Exhibits: Three Subject Conduct the second of two Public Hearings for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Ave. Recommendation Conduct Public Hearing only. No action is necessary. Discussion This annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction (ETJ) of Wylie. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings December 31, 2008 & January 14, 2009 First Public Hearing January 13, 2009 Second Public Hearing January 27, 2009 Adoption of Ordinance February 10, 2009 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Approved By Initial Date Department Director RO 12 16/0 City Manager U V ` ` I as 0-61 Page 1 of 1 CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA MCCREARY ROAD TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: February 10, 2009 ACREAGE ANNEXED: 7 acres SURVEY, ABSTRACT & COUNTY: Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty(60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. • Exhibit A • BEING a tract of land situated in the Allen Acterberry Survey, Abstract No. 23, Collin County, Texas, and being a part of a tract of land described in a deed to Fred Ronald Mobbs and Jean Mobbs recorded in Volume 1731, Page 385 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod found on the East right of way line of Ballard Street (60 foot right of way) being the Northwest corner of said Mobbs tract as described in the aforementioned deed and currently being.the Northwest corner of a tract of land described in a deed to East Fork Special Utility District recorded in Clerk's File No. 2000-0041889 of the Deed Records of Collin County, Texas; THENCE South with said East right of way line, a distance of 247.00 feet to a 1/2" iron rod found with cap being the Southwest corner Of said East Fork Special Utility District tract and the POINT OF BEGINNING of the herein described tract; THENCE North 89 degrees 55 minutes 00 seconds East, with the South line of said East Fork Special Utility District tract, a distance of 480.00 feet to a 1/2" iron rod found with cap being the Southeast corner of said East Fork Special Utility District tract for an ell corner of this tract; THENCE North with the East line of said East Fork Special Utility District tract, a distance of 247.00 feet to a 1/2" iron rod found on the North line of said Mobbs tract being the Northeast corner of said East. Fork Special Utility District tract for the most Northerly Northwest corner of this tract; THENCE South 89 degrees 57 minutes 56 seconds East, with the North line of said Mobbs tract, a distance of 1048.06 feet (deed calls North 89 degrees 56 minutes East) to a point, from which a fence corner post bears South 82 degrees 41 • minutes 27 seconds East, a distance of 1.19 feet, said point being the Northeast corner of said Mobbs tract and being the Northwest corner of a tract of land described in a deed to Raymond B. Cooper, recorded in Volume.2819, Page 861 of the Deed Records of Collin County, Texas; THENCE South 00 degrees 05 minutes 00 seconds East, with the West line of said Cooper tract, a distance of 277.00 feet to a 1/2" iron rod found on the South . line of said Atterberry Survey and the North line of the D.W. Williams Survey,_ Abstract No. 980, being the Southeast corner of said Mobbs tract and being the Southwest corner of said Cooper tract and being the Northwest corner of a tract of land described in.a deed'to Raymond B. Cooper recorded in Volume 1326, Page 238 of the Deed Records of Collin County, Texas and being the Northeast corner of a tract of land described in a deed to Verna May Poor and Michael Ray Poor recorded in Clerk's File No. 99-0055923 of the Deed Records of Collin County, • Texas; • THENCE North 89 degrees 58 minutes 17 seconds West, With the South line of said Mobbs tract, a distance of 1101.72 feet (deed calls South 89 degrees 56 minutes West, a distance of 1101.10 feet), to a 1/2" iron rod found being the Northwest corner of said Poor tract and being the Northeast corner of a tract of land described in a deed to Mary Elanor Stone Howrey recorded In Volume 531, Page 695 of the Deed Records of Collin County, Texas; THENCE South 89 degrees 55 minutes 00 seconds West, with said South line, a distance of 426.74 feet (deed calls 427,36 feet) to a 1/2"'iron rod set with cap stamped "Precise Land Surv." on the aformentioned East right of way line being the Southwest corner of said Mobbs tract and being the Northwest corner of said Howrey tract; • • • THENCE North with said East right of way line, a distance of 30.00 feet to the POINT OF BEGINNING, CONTAINING 304,826 square feet or 6.998 acres of land. - - - - - - - J t I Es^ I �. \ 1 'Qd'o 1 i i 1 I I I - - - - -�� 1 030' i '(.�1\!\ Gh62k + 1 1 a I 1 1 `I z I- - - - -I g E- - - : `� - - - - - - -I - - - -I g L - - -I I _ _ _I c J Io" 1— 1 _, 1 1 - - I I I I �,p 1 I� I 1 I i L, LJi / II IItJL _ ) IIII - - 1 L ( - d — M N VE C —I— T . — T T - `sT Thy f�'`' T -""T.---- �'I`` I I I I I I I I pin I1 II1 I I 1 I 1 I 34 I I 33 I 31 I 30� 29 1 28 44 c...) 42 41 40 39 38 �738 35 .�I I,....-- I J I H 1 ) I T - ",1 1 I D I S4 O! 12. SF 1 $ 10.000 S 10.046 SF .043 SF 10.pI10. SF 10.028 SF 10.023 SF 10,018 SF 10.013 SF 10.02, N --Shh �� ^ 4 7 5 • 7 . 8 L 9 • 1D 11 •\--42 13 32 1 ii‘N 3 (..itINCt00SF la\ c ar 2 I FOR DRIV \ \ IL: N 6 \ Rag— ,T _....... - _ _ _ _ .....\-51.a — ...,,N. ? —\\ - :4968 t'7 12 • 3 4 K . 6 ® 7j.,,_ h1 10.356 SF 10.346 SF� 10.336 SF 10.326 SF 10.315 SF .3�SF 10.300 SF 10 � 10.287 SF I — -1- —p�X � —ita ■ —_ji . • _= � 1 • _`'_�� • 1 it �Qj� �, 1 T �.. T F T � NI r 17 1 /' 1 1 41-. s41) a " i ,z i i ,� 1(( I I r'e\kV. CP I I Wylie City Council CITY OF WYLIE AGENDA REPORT q Meeting Date: January 27, 2009 Item Number: 2 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: January 9, 2009 Budgeted Amount: Exhibits: 1 Subject Present, and place on file, the Wylie Economic Development Corporation Annual Report. Recommendation Motion to accept and place on file the 2008 WEDC Annual Report. Discussion As per the WEDC By-laws, each year by January 31st, the WEDC must present to the Wylie City Council its Annual Report. The WEDC Annual Report is attached for your review. Approved By Initial Date Department Director / SSS 1/16/09 City Manager ' 11► 1 I /a)?/0 Page 1 of 1 Wylie Economic Development Corporation Annual Report January 13, 2009 Financial Condition The Wylie Economic Development Corporation (WEDC) continues to make financial reporting and accountability a priority. While the 2008 audit is not complete at this time, meetings with the new auditors (Weaver & Tidwell, LLP) have not revealed any reporting deficiencies or recommended changes to existing accounting practices. For the eighth consecutive fiscal year, WEDC sales tax receipts have increased over prior year figures. Up 8.9% over 2007, 2008 sales tax receipts reached $1,239,677. As well, through the first two months of the current fiscal year, sales tax receipts are up 11.9%. As with the past several years, there has been no significant retail project attributed to this growth. Staff therefore continues to conclude that these increases are spurred by the regional growth from the surrounding areas of Lavon, Copeville,Nevada, and Farmersville. Of the $1,239,677 in sales tax revenue (on an accrual basis), the WEDC expended $72,000 on grants and engineering services directly attributed to incentive packages, $218,958 on the purchase of real property, $233,329 on administration, $83,611 on marketing and promotion, $38,133 on special services (property taxes on rental property and mowing), and $371,646 on debt service. In a rare occurrence, the WEDC did not fund a $50,000 incentive commitment based upon non-attainment of performance measures by the incentive recipient. The WEDC also had $68,800 in income from the lease of two facilities on Industrial Court. As well, the WEDC started out the fiscal year with $272,000 available fund balance. In FY 2008 — 2009, the WEDC is contractually obligated to fund $190,000 in direct incentive programs in addition to sales tax rebate programs for infrastructure improvements executed with Greenway Investments and Direct Development. The WEDC currently owns 29.03 acres of property with a cost basis of$2,639,582. WEDC debt service, associated primarily with the purchase of the above property, has a principal balance as of December 31, 2008 of$1,370,173. Redevelopment In 2008, the WEDC added to its redevelopment focus by adding properties to two key areas: Industrial Court and Cooper Drive. On Industrial Court, the WEDC purchased a 0.27 acre tract and on Cooper Drive a 0.406 acre tract. The WEDC now owns four properties on Industrial Court (1.5 acres) and five properties on Cooper Drive (2.557 acres). Complementing WEDC efforts on Cooper was the removal of a foundation of a previously demolished building previously owned by the Kansas City Southern Railway Company. This accumulation of property is a public effort to transition the above targeted areas from industrial to a more aesthetically pleasing and higher valued commercial/retail use. There remains one property on Industrial Court yet to be acquired which would create a contiguous area to be marketed for redevelopment. The WEDC contracted with an architect who has developed a concept plan for Industrial Court depicting up to 28,000 square feet of commercial/retail uses. The WEDC views this area to have a project life of 5 — 7 years however - 2 - based upon current economic environment. Until the market can support increased office development on the identified area, the WEDC will continue to lease the existing structures to light industrial uses in an effort to offset its investment. In 2009 WEDC will continue to evaluate opportunities to purchase additional properties within the Cooper Drive and Industrial Court redevelopment areas. Price and location relating to existing WEDC properties will be the driving factor in additional land purchases for redevelopment. Retail Activity On January 28, 2008 the City of Wylie and WEDC executed Performance Agreements committing in excess of $12 million to support the development of infrastructure surrounding Woodbridge Crossing. Partnering with Direct Development accomplished the single greatest goal of bringing credibility and experience to the Wylie retail efforts. WEDC and City of Wylie representatives will continue to make attendance at the International Council of Shopping Centers Conference a priority. While it is unlikely that Wylie will attract new investors for `center' development in 2008 based upon the current economic climate, the WEDC will be available to Direct Development for meetings with anchors and be seeking out end users for other retail properties in Wylie. Industrial/Commercial Activity Following completion of repaving Martinez Lane at a cost of$485,000, the WEDC attracted its first user to Premier Plaza Business Park. Over a 10 month period, the WEDC finalized negotiations with Savage Precision Fabrication and Savage completed competed construction of a 60,000 square foot manufacturing facility. The project will have a taxable value in 2009 of $4.1 million. Other projects undertaken/completed in 2008 were an office condominium project totaling 19,200 square feet (±$2.4 million in new value), an 18,200 square foot medical office complex with a Phase Value of$1.4 million. Also new to the tax roles in 2008 is the Garnet Hill Senior Skilled Living and Rehabilitation Center with a taxable value of$4 million and the Greenway- Columbia retail center with a value of$2 million. The WEDC continues to market its remaining land within Premier Plaza (21 acres) and newly acquired industrial property within Premier Business Park(3.2 acres). Strategic Plan In February 2008, the WEDC completed a strategic plan addressing Marketing & Image, High- Impact Initiatives, Target Industry Recruitment, and Business Retention & Expansion. Understanding that this Plan is multi-year work in progress, the accomplishments/outstanding issues are as follows: - 3 - Marketing.& Image While the City of Wylie Public Information Officer has taken the lead on developing a consistent theme for marketing Wylie, the WEDC has performed an internal audit of its marketing materials and determined a more professional projection of the organization is required. To be complete and live by February 1, 2009, the WEDC will finalize updates to its web site. Additionally underway is the development of new WEDC marketing materials to be distributed both locally and regionally. The reoccurring theme within these materials will be not only the successes of the WEDC, but the further capabilities of the community to support new commercial, industrial, and retail development. Staff does however complete on a regular basis a thorough update of data required by both commercial and retail developers/end users. A full compliment of demographics, traffic counts retail GAP analysis, housing trends, and aerials are distributed continually to those requesting the data as well as unsolicited presentations to area brokers. High-Impact Initiatives Tasks within this area of focus have short term, long term, and ongoing completion time frames. High-impact initiatives were identified as facilitating current projects, leveraging development around the new Municipal Complex, plan for development along key corridors, expand downtown planning effort, marketing existing hospital site to the medical community, supporting development of the KCS site, and exploring options for high-end development along the shores of Lake Lavon. The primary `current projects' in 2008 were Savage, Direct Development and two office developments. While Savage began and ended in 2008, the Direct project continues to require WEDC/City staff time. Monitoring of the Performance Agreements is coordinated through the City Managers office with all retail inquiries to the WEDC made aware of the Target anchored Woodbridge Crossing. Leveraging development around the new Municipal Complex has not been undertaken in earnest. The timing of construction for both the complex and an expanded F.M. 1378 has delayed this initiative. The northwest and northeast corners of 1378 and Brown are the primary marketable properties with the City owned property to the west of the Municipal Complex unable to be developed for any private purpose. Development along key corridors remains a priority for the WEDC. Although retail and commercial development has dipped considerably, the WEDC has begun a Property ID program for all commercial sites along State Highway 78 and F.M. 544. The goal of the program is to be able to at a moments notice identify all site characteristics of any property on the corridors from city limit to city limit. The characteristics identified are acreage, asking price, lease price, concept site plans, brokerage marketing materials, and ownership contact information. This is also a tool which will be expanded in 2009 to Brown Street, F. M. 1378, and Ballard Street. - 4 - A key focus of the City of Wylie Planning Department for 2008/2009 has been expanding the downtown planning to foster commercial development on south Ballard. The WEDC has only had a minor role in those planning efforts and presentations to both the City Council and the Planning&Zoning Commission. No significant progress has been made in the areas of marketing the hospital site, supporting development of the KCS site, or exploring options for high-end development along the shores of Lake Lavon. Target Industry Recruitment Key components of Target Industry Recruitment are exploring options for increasing the supply of industrial land,building awareness among real estate brokers and developers in the Metroplex, building awareness among corporate site selectors, implementing a retail recruitment strategy, and developing a service sector recruitment strategy. Increasing the supply of industrial land has been, and will continue to be a primary focus of WEDC staff time and WEDC capital in 2008, 2009, and beyond. The lack of undeveloped property which is properly zoned for industrial development will be the long term impediment to creating a balanced tax base less reliant on single family development. The WEDC hopes to present a concrete plan to the Wylie City Council by June of 2009 to address this challenge. Building awareness among real estate brokers/developers and corporate site selectors remains a strength of the WEDC. Widening our reach to firms such as Jones Lang Lasalle and Jackson Cooksey has allowed the WEDC to promote our industrial efforts to a greater audience. While industrial development is slow, the increased exposure will benefit Wylie as the economy strengthens in the future. While Direct Development has been our primary source of retail interest, WEDC staff maintains excellent rapport with all major retail/commercial brokerage firms in the metroplex. Increased marketing via an updated WEDC web site and updated marketing materials will only help in those efforts. While WEDC staff has not implemented a formal retail recruitment strategy, all of the above efforts have met the ends being sought for that initiative. Staff will however in 2009, document the goals and objectives of all community efforts dedicated to retail recruitment and present the same to the WEDC and City Council. In addition, in the first quarter of 2009, staff will develop a service sector recruitment strategy beginning with the compilation of a database of existing professionals. In identifying the existing professionals, it can be determined where our need is. Combined with the existing growth of office projects in Wylie and complimenting existing redevelopment efforts of the WEDC, this information will allow us, and the brokerage community, to more efficiently and effectively market Wylie to the service sector. Business Retention &Expansion Key components of this final directive are formalizing the WEDC's business retention and expansion (BRE) program, foster entrepreneurship and innovation among local companies and residents, and encourage review of City permitting process. - 5 - A primary component of the BRE program is to develop and maintain a formal inventory of existing businesses. While extremely familiar with Wylie's primary employers, staff will be combining the research required for the service sector database to include all industry accomplishing two goals within the same task. In terms of formalizing WEDC incentive programs, past WEDC Boards have chosen to not set formal guidelines as to allow for maximum flexibility. However, current WEDC leadership could reevaluate that policy. Another alternative to facilitate a formal BRE program could be to evaluate the current needs by developing an annual business retention and expansion survey. The City of Wylie via the hiring of a new building official and increased attention from the Assistant City Manager has already begun evaluating the City permitting process. Complimenting that effort, the WEDC Board has directed staff to facilitate the review of all development fees (thoroughfare impact, fire development, parkland dedication, water and sewer impact, etc.) and evaluate their influence on economic development. - 6 - Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 27, 2009 Item Number: 3 (City Secretary's Use Only) Department: Building Prepared By: J.M. "Mike" McAnnally Account Code: Date Prepared: January 15, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, acceptance of the resignation of Cydnee Combest and appointment of a new Alternate Board Member to the Construction Code Board to fill the unexpired term of December 2008 to June 30, 2010. Recommendation Motion to accept the resignation of Cydnee Combest and appoint as an Alternate Board Member to the Construction Code Board to fill the unexpired term of December 2008 to June 30, 2010. Discussion Due to the resignation of Ms. Cydnee Combest, the Building Department is requesting the Mayor and Council select and appoint a person to fill the vacant position of Alternate Board Member to the City of Wylie Construction Code Board. Ms. Combest notified us that due to unexpected personal obligations she must resign as an alternate board member. Approved By Initial Date Department Director MM 1/15/09 City Manager Y lY V l \ faa 0° Page 1 of 1 From: Cydnee Combest [mailto:ibcyds@msn.com] Sent: Wednesday, January 07, 2009 12:57 PM To: City Secretary Subject: Attn: Gayle Walton Ms. Walton, Please accept my apology for the delay in replying to your phone calls. I am out of state due to two separate funerals (Dec. 1 & Dec. 27) and related family business following the deaths of my aunt and grandmother. With a possible third funeral in the near future, I am not certain as to my future availability. Please accept and forward my sincere apologies for my inaccessibility. Due to these family obligations and uncertain travel necessities, I regretfully withdraw my acceptance of the alternate position for the Construction Board. When I am able I will see that the packet sent to my home be returned to the city secretary's office. Please remove my name application from future boards and again, my apologies for the delay in communications and inconveniences. Sincerely, Cydnee Combest From: Daljinder Singh Dhillon (mailto:daljinder dhillonAyahoo.com] Sent: Tuesday, January 13, 2009 3:47 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Daljinder Singh Dhillon DATE_OF_APPLICATION - 01/13/2009 FIRST_CHOICE - Planning and Zoning Commission SECOND_CHOICE - Parks and Recreation Board THIRD CHOICE - Construction Code Board SUBCOMMITTEE - No HOME ADDRESS - 1710 Mapleleaf Dr, Wylie TX 75098 HOME PHONE - 9722597597 HOME_FAX - HOME EMAIL - daljinder_dhillon@yahoo.com RESIDENT_YEARS -_1 CONTACT_METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS OWNER - No BUSINESS NAME - OCCUPATION - IT Professional BUSINESS_ADDRESS - BUSINESS PHONE - BUSINESS FAX - BUSINESS_EMAIL - WHY_INTERESTED - I would like to serve the socity and get involved in socity needs/works. Thanks. Submit - Submit End of form information !' L1 . ----Original Message From: Kevin Finnell [mailto:kevinf@iglide.net] Sent: Wednesday, May 21, 2008 8:28 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Kevin Finnell DATE_OF_APPLICATION - 05/21/2008 FIRST_CHOICE - Planning and Zoning Commission SECOND CHOICE -Wyle Economic Develoment Corp. Board THIRD_CHOICE -Animal Shelter Advisory Board SUBCOMMITTEE -Yes HOME ADDRESS - 506 West Oak Wylie, Tx HOME PHONE - 214-914-6770 HOME FAX - 972-767-3281 HOME EMAIL - kevinf@iglide.net RESIDENT YEARS - 11 CONTACT METHOD - Home Phone REGISTERED VOTER -Yes—BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION-- Financial Advisor BUSINESS ADDRESS - 506 West oak Wylie,Tx BUSINESS_PHONE - 214-914-6770 BUSINESS FAX- 972-767-3281 BUSINESS EMAIL--kevinf@iglide.net WHY_INTERESTED - I want to be involved in making Wylie a better city by giving back my time. Submit - Submit End of form information L), - iv-in J it'b /-) zuut:it, _,. _.,,,it i,t, ;_ i_, i( Wit/ -c Gayle Walton From: Carole Ehrlich Sent: Monday, November 10,2008 9:42 AM To: 'Gayle Walton' Subject: FW: Board Volunteer FYI below!! Carole Ehrlich, TRMC, CMC City Secretary, City of Wylie 2000 Hwy. 78 North Wylie, Texas 75098 (972)442-8103 Fax: (972)442-8106 carole.ehrlich©wylietexas.gov —Original Message--- From: Robert (Neal) Riggins [mailto:boomersooners@verizon.netj Sent: Friday, November 07, 2008 6:53 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - Robert (Neal) Riggins DATE_OF_APPLICATION - 11/7/2008 FIRST_CHOICE - Planning and Zoning Commission SECOND_CHOICE - Parks and Recreation Board THIRD_CHOICE -Animal Shelter Advisory Board SUBCOMMITTEE -Yes HOME_ADDRESS - 109 S Winding Oaks Dr HOME PHONE - 972/429-7843 HOME FAX- HOME_EMAIL - boomersooners@verizon.net RESIDENT_YEARS-4 CONTACT—METHOD- Home Phone REGISTERED_VOTER -Yes BUSINESS_OWNER-Yes BUSINESS_NAME - OCCUPATION - Customer Service Manager BUSINESS_ADDRESS -800 State Highway 121 bypass, Lewisville, Tx 75067 BUSINESS PHONE -214/626-3446 BUSINESS_FAX- BUSINESS_EMAIL - WHY INTERESTED - I have been a resident of Wylie for several years now. I have children that I am raising in Wylie and would like to be an active part of the community. I have always been politically active and would like to translate that into being an integral part of the continuing development of my hometown. Submit- Submit End of form information Original Message From: F. Darnell Harris [mailto:dharris@Ipsi.com] Sent: Friday, October 03, 2008 11:12 PM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME - F. Darnell Harris DATE_OF_APPLICATION - October 3, 2008 FIRST_CHOICE - Planning and Zoning Commission SECOND_CHOICE -Wyle Economic Develoment Corp. Board THIRD_CHOICE - Zoning Board of Adjustment SUBCOMMITTEE - Yes HOME_ADDRESS - 1211 Periwinkle HOME PHONE - 972-442-5974 HOME_FAX - HOME EMAIL -dharris@Ipsi.com RESIDENT_YEARS - 5 CONTACT METHOD - Home Phone REGISTERED_VOTER - Yes BUSINESS_OWNER - No BUSINESS NAME - OCCUPATION - BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS_FAX - BUSINESS EMAIL - WHY_INTERESTED - I currently work in the multifamily housing industry. I believe I could bring valuable knowledge and experience to a board/commission. Submit - Submit End of form information SEE ATTACHED CREDENTIALS Page 1 of] Carole Ehrlich From: Darnell Harris[dharris@Ipsi.com} Sent: Friday, November 14, 2008 12:36 PM To: Carole Ehrlich Subject: Darnell Harris Resume Carole, I have not prepared a resume in years so, due to time constraints, please accept the following as my credentials. Education: B.A. of Advertising from Drake University, 1989 Employment: Regional Property Manager, Lincoln Property Company 1999-Present Third party management for institutional and private owners of multi-family apartment homes. I also manage several affordable programs such HUD loans, MOD Rehab,Tax Credits and Bond financing. Additionally, I have worked on new construction and rehabilitated apartment communities. Associations: Current President of Tarrant County Apartment Association Board of Director for Texas Apartment Association Past Chairman of the Affordable Housing Committee Delegate to the National Apartment Association Darnell Harris Regional Property Manager / P: pern (,nn1/r:1m -chi/ Krhru.triun i. Out l'u,utr11,1rir,,:' h.'+Ufl Green ri//r,-1 i c•, T:�' 7.520r: Office:214.890.5000/ Fax:214.890.0806 'Jdharrisra IpsEcom Please cons,be'true e,vutonme,,f before prnfmy fhrs erna,! 11/17/2008 Original Message---- From: Anna Kiewit (mailto:annieok111 Cc�gmail.com1 Sent: Friday, May 23, 2008 8:36 AM To: City Secretary Subject: Board Volunteer Form Information Follows: NAME -Anna Kiewit DATE_OF_APPLICATION - 05/23/08 FIRST— - Public Arts Advisory Board SECOND CHOICE - Planning and Zoning Commission THIRD_CHOICE -Animal Shelter Advisory Board SUBCOMMITTEE -Yes HOME_ADDRESS - 1935 E Brown HOME_PHONE - (214)682-6912 HOME FAX - HOMEEMAIL- annieok111@gmail.com RESIDENT YEARS -_12 CONTACT—METHOD - Home Email REGISTERED VOTER - Yes BUSIN_ESS_OWNER - No BUSINESS_NAME - OCCUPATION-- BUSINESS_ADDRESS - BUSINESS_PHONE - BUSINESS FAX - BUSINESS EMAIL -WHY INTERESTED - I love the city of wylie and have wanted to do some volunteer work and serve my community. I think citizen involvment is a positive for all, and I would like to be of service if I can. Submit- Submit End of form information Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 01-27-09 Item Number: 4 Department: City Manager (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 01-14-09 Budgeted Amount: Exhibits: 7 Subject Consider and act upon, Ordinance No. 2009-05 authorizing the Mayor to execute an amended Interlocal Boundary and ETJ Contract, with Attachments 1 through 5, by and between the City of Lavon, a general law municipality located in Collin County, Texas; the City of Nevada, a general law municipality located in Collin County, Texas; the City of Wylie, a home rule municipality located in Collin, Dallas, and Rockwall Counties, Texas; the City of Rockwall, a home rule municipality located in Rockwall County, Texas; and the City of Garland, a home rule municipality located in Dallas and Collin Counties, Texas. Recommendation A motion to approve Ordinance No. 2009-05 authorizing the Mayor to execute an amended Interlocal Boundary and ETJ Contract, with Attachments 1 through 5, by and between the Cities of Garland, Wylie, Rockwall, Lavon, and Nevada. Discussion On October 14t 2008 the Wylie City Council approved an interlocal boundary agreement between the Cities of Wylie, Garland, Rockwall, Lavon and Nevada. Prior to the final approval and execution by the City of Garland and the City of Lavon, the attorney's representing all five cities made some minor language changes to the contract however, the substance of the agreement has not changed. During this time period, Wylie staff met with Garland staff to re-draw the map in the peninsula so that Garland's ETJ would follow natural boundaries and land tracts. Changes to the map were also not substantial, the original map conceded approximately 400 acres of land to Garland and the new map concedes approximately 380 acres to Garland ETJ. A copy of the amended contract and corresponding maps are included in the Council packets for review. This contract will be in effect once approved and executed by all five cities. Approved By Initial Date Department Director JB 1-13-09 City Manager Il V \ i Pa..'(DI Page 1of1 ORDINANCE NO. 2009-05 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CONFIRMING AND APPROVING AN INTERLOCAL BOUNDARY AND ETJ CONTRACT SETTING FORTH THE CORPORATE BOUNDARIES, EXTRATERRITORIAL JURISDICTION AND AREAS RESERVED FOR EXPANSION; PROVIDING FOR CERTAIN AGREEMENTS AND ADJUSTMENTS TO THE BOUNDARIES AND EXTRATERRITORIAL JURISDICTION OF THOSE CITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Cities of Lavon, Nevada, Wylie, Rockwall and Garland (collectively referred to as the "Cities") are adjacent and neighboring municipalities that currently, or will in the future, share common boundaries, and that are empowered by state law and the Constitution to establish their respective corporate boundaries; and WHEREAS, Garland has agreed to release certain portions of its extraterritorial jurisdiction to the benefit of the other Cities (hereinafter"Released Boundaries") and to disannex certain property and/or annex certain property, in exchange for the commitment of the other Cities to refrain from annexing any property within Garland's extraterritorial jurisdiction without the consent of Garland and to refrain from litigation involving the various boundaries and extraterritorial jurisdiction("ETJ") of the Cities; and WHEREAS, the Cities seek to avoid conflicts and uncertainty relative to the extent and location of their respective corporate limits and ETJ; and the potential for litigation involving the same; and WHEREAS, the Cities each desire to approve by ordinance an Interlocal Boundary and ETJ Contract attached and incorporated herein as Exhibit A (hereinafter "Boundary Contract') which confirms and adjusts their respective corporate boundaries, ETJ and areas reserved for expansion; and WHEREAS, each of the Cities has reviewed their respective corporate boundaries and ETJ based upon their respective populations, Chapter 42 of the Texas Local Government Code, and the location of the Released Boundaries and has determined that such tracts would be better served by the municipal services of the Cities as reflected in the attached Boundary Contract; and WHEREAS, the Cities find and determine it necessary for the health, safety and welfare of their residents to confirm boundaries and make certain agreements and adjustments regarding their respective corporate boundaries and ETJ; and WHEREAS, the Boundary Contract is made under the authority granted by and pursuant to Texas Interlocal Cooperation Act, Article 791 of the Texas Government Code, as amended, providing for the cooperation between local governmental bodies, for beneficial governmental purposes; and Ordinance No.2009-05 Joint Boundary Agreement Cities of Wylie,Lavon,Nevada,Rockwall and Garland 1 WHEREAS, the Cities have each agreed to submit to their respective governing bodies an ordinance approving the Boundary Contract which confirms and adjusts their respective corporate boundaries and ETJ as set forth in the Boundary Contract and in its attached Boundary and Proposed ETJ Map attached thereto and incorporated herein as Attachment 1 to the Boundary Contract (the "Boundary Map"), together with individual maps of Rockwall, Wylie, Nevada and Lavon attached thereto and incorporated herein as Attachments 2-through 5 to the Boundary Contract(collectively referred to as `Boundary Maps"); and WHEREAS, the respective meeting(s) at which this Ordinance is considered are open to the public as required by law, and the public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. The City Council of the City of Wylie finds that the above and foregoing recitals are true and accurate and are hereby incorporated for all purposes as official findings of the City Council of the City of Wylie. Section 2. The terms and conditions of the Boundary Contract, attached as Exhibit A, are hereby approved, authorized and accepted, which confirm and adjust the respective corporate boundaries, ETJ and areas reserved for expansion of Lavon, Nevada, Wylie, and Rockwall, as more specifically set forth in the Boundary Maps attached and incorporated therein as Attachments 1 through 5. The Mayor is hereby authorized and directed to execute this Ordinance and execute and deliver the Boundary Contract to the other Cities for consideration and execution. Section 3. The City Council of the City of Wylie shall take appropriate action to effectuate the terms of this Ordinance and the Boundary Contract approved hereby through the adoption of an official map ("Official Map") showing the respective boundaries and ETJ as required by Section 41.001 of the Texas Local Government Code, consistent with the Boundary Map. The Official Map of the City of Wylie shall be filed with the appropriate county clerk within thirty (30) days of the adoption of the City's Official Map, and a copy of this Ordinance, after the effective date, shall be filed in the deed records of the appropriate county clerk. Section 4. All prior annexations or actions by the City of Wylie in conflict with the boundaries reflected in the Boundary Maps are hereby rescinded, voided, and repealed to the extent of that conflict, and the City of Wylie relinquishes any conflicting ETJ under Texas Local Government Code section 42.023. Section 5. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or unlawful, such holding shall not affect the validity of the remaining provisions of this Ordinance. Ordinance No. 2009-05 Joint Boundary Agreement Cities of Wylie,Lavon,Nevada,Rockwall and Garland 2 Section 6. This Ordinance approving the Boundary Contract shall only become effective upon the adoption by ordinance of the Boundary Contract by the cities of Lavon, Nevada, Rockwall, Wylie, and Garland. DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of Wylie, Texas, this 27th day of January, 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Richard Abernathy, City Attorney Ordinance No. 2009-05 Joint Boundary Agreement Cities of Wylie,Lavon,Nevada,Rockwall and Garland 3 Exhibit A Boundary Contract Ordinance No. 2009-05 Joint Boundary Agreement Cities of Wylie,Lavon,Nevada,Rockwall and Garland 4 Interlocal Boundary and ETJ Contract This Interlocal Boundary and ETJ Contract with Attachments 1 through 5 attached hereto (hereinafter "Boundary Contract") is entered into by and between the City of Lavon, a general law municipality located in Collin County, Texas ("Lavon"), the City of Nevada, a general law municipality located in Collin County, Texas ("Nevada"), the City of Wylie, a home rule municipality located in Collin, Dallas and Rockwall Counties, Texas ("Wylie"), the City of Rockwall, a home rule municipality located in Rockwall County, Texas ("Rockwall") and the City of Garland, a home rule municipality located in Dallas and Collin Counties ("Garland") (each individually referred to as a "City" and collectively referred to as the "Cities"), each acting through their duly authorized representatives. WHEREAS, Lavon, Nevada, Wylie, Rockwall and Garland are adjacent municipalities that currently or will in the future share common boundaries and that are empowered by state law and the Constitution to establish their respective corporate boundaries; and WHEREAS, Garland has agreed to release certain portions of its extraterritorial jurisdiction to the other Cities (hereinafter "Released Boundaries") and to disannex certain property and/or annex certain property, in exchange for the commitment of the other Cities to refrain from annexing any property within Garland's extraterritorial jurisdiction without the consent of Garland and to refrain from litigation involving the various boundaries and extraterritorial jurisdiction ("ETJ") of the Cities; and WHEREAS, the Cities seek to avoid certain conflicts and uncertainty relative to the extent and location of their respective corporate limits and ETJ; and the potential for litigation involving the same; and WHEREAS, each of the Cities has reviewed their respective corporate boundaries and ETJ based upon their respective populations, Chapter 42 of the Texas Local Government Code, and the location of the Released Boundaries and has determined that such tracts would be better served by the municipal services of the Cities as reflected in the attached map; and WHEREAS, the Cities find and determine it necessary for the health, safety and welfare of their residents to confirm boundaries and make certain agreements and adjustments regarding their respective corporate boundaries and ETJ; and WHEREAS, this Boundary Contract is made under the authority granted by and pursuant to Texas Interlocal Cooperation Act, Article 791 of the Texas Government Code, as amended, providing for the cooperation between local governmental bodies, for beneficial governmental purposes; and WHEREAS, the Cities have each submitted to their respective governing bodies an ordinance approving this Boundary Contract which confirms and adjusts 1 their respective corporate boundaries and ETJ, as set forth herein and in the attached Boundary and Proposed ETJ Map (the "Boundary Map"), together with individual maps of Rockwall, Wylie, Nevada and Lavon (collectively referred to as "Boundary Maps"), copies of which are attached hereto and incorporated herein as Attachments 1-5. NOW THEREFORE, for and in consideration for the mutual covenants and agreements contained herein, the Cities agree as follows: SECTION 1 INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2 OBLIGATIONS AND AGREEMENTS OF THE CITIES 2.01 Release of ETJ by Garland. Garland hereby releases certain portions of its ETJ to the other Cities for inclusion in their ETJ, as shown on the colored portions of the Boundary Maps, (the "Released Boundaries"). 2.02 Annexations and/or Disannexations by Garland. Garland hereby agrees to initiate annexation and/or disannexation of certain property as shown on the Boundary Map within ninety (90) days of Garland's execution of this Boundary Contract. 2.03 Boundaries. The Cities covenant and agree that from and after the approval and execution of this Boundary Contract by each of the respective Cities, the boundaries in the depicted area of the respective corporate limits and ETJ of Lavon, Nevada, Wylie and Rockwall as to the dealings between these Cities shall be those shown on the attached Boundary Maps. The Cities covenant and agree that no City shall assert any police powers or other governmental powers, nor annex property or expand ETJ, into any area depicted on the Boundary Maps as being within another City's corporate limits, boundaries or ETJ without such City's written consent. A City may otherwise expand its ETJ in accordance with state law; however, in no event may a City's ETJ include an area shown on the Boundary Map to be within the corporate boundaries or ETJ of any other City, without such City's written consent. 2.04 Adoption of Official Map. The respective governing bodies of the Cities shall take appropriate action to effectuate the terms of this Boundary Contract approved hereby through the adoption of an official map ("Official Map") showing their respective boundaries and ETJ as required by Section 41.001 of the Texas Local Government Code. The Official Map of each City shall be filed by each respective City with the appropriate county clerk(s) within thirty (30) 2 days of adoption of the City's Official Map, and a copy of each City's ordinance adopting, and authorizing the execution of this Boundary Contract, after the effective date, shall be filed in the deed records of the appropriate counties where the Cities are situated. 2.05 Prior Annexations. The Cities, other than Garland, agree and covenant that all prior annexations or actions by the Cities in conflict with the boundaries reflected in this Boundary Contract are hereby rescinded, voided, and repealed to the extent of that conflict, and the Cities, other than Garland, relinquish any conflicting ETJ under Texas Local Government Code section 42.023, as amended. Each City fully waives and releases, to date, any and all claims of every conceivable nature against each other City and their respective City Council members, officers, employees and representatives regarding this Boundary Contract, the ordinance adopting and authorizing this Boundary Contract, and any and all boundary, ETJ, and annexation issues or claims, demands, controversies or causes of action, including under the Declaratory Judgment Act. 2.06 Resolution of Boundary and ETJ Disputes. The Cities acknowledge that the boundaries and ETJ depicted on the attached Boundary Maps are not described by metes and bounds and are approximates. The Cities agree to determine and establish such boundaries depicted on the attached Boundary Maps along property lines where possible and to use their best efforts to resolve issues relating to the fixing or setting of the exact location of the boundaries and ETJ consistent with the Boundary Maps. If the Cities are unable to resolve issues related to the location of the boundaries and ETJ shown on the Boundary Maps, the affected Cities shall submit such disputes to Garland for resolution. The decision of the Garland City Council as to such disputes shall be final. SECTION 3 TERM / CONSIDERATION 3.01 The Cities agree and stipulate that the mutual covenants and agreements contained herein, and the actions taken by each of the Cities in fulfilling its agreements hereunder are good and valuable consideration for this Boundary Contract. The Cities further agree that the boundary and ETJ adjustments made hereunder constitute additional good and valid consideration and serve the valid government purpose of establishing and confirming corporate boundaries and ETJ. 3.02 It is the intent of this Boundary Contract that Garland shall retain sole and exclusive extraterritorial jurisdiction over its property located near Lake Lavon as more particularly described and/or depicted in Attachments 1-5, attached hereto and incorporated herein (the "Garland Property"). If any party to this Boundary Contract (other than Garland), by legal proceedings or other legal process, either directly or by supporting a third party in doing so, (1) challenges 3 or contests this Boundary Contract or any of its provisions or attempts in any manner to oppose or set aside the provisions hereof or impair or invalidate any of its provisions; or (2) attempts to annex or assert any form of extraterritorial control over the Garland Property, then any transfer or release of ETJ as to that City is revoked and shall be disposed of as if that contesting City had never been a party to this Boundary Contract such that no transfer or release of ETJ had ever been made to that City. SECTION 4 GENERAL PROVISIONS 4.01 Default. In the event of a breach of this Boundary Contract by any party hereto, one or more of the other parties may pursue only injunctive relief or specific performance through declaratory judgment. The Cities waive and release all other remedies. 4.02 Additional Documents. The Cities agree to cooperate fully and in good faith to execute any and all supplementary documents and to take all actions which are necessary to give full force and effect to the basic terms of this Boundary Contract. 4.03 Relationship of Parties. The parties understand and agree that each of the Cities performing obligations required by this Boundary Contract is acting as an independent entity and that the execution of this Boundary Contract shall not be construed as creating a joint venture or agency relationship by or among any one or more of the Cities. Each party hereto is an independent governmental entity acting pursuant to the state laws and local ordinances regulating its conduct, and by execution of this Boundary Contract, the parties make no representations regarding the validity of the actions taken by any of the other parties hereto. 4.04 Third Party Beneficiaries. Nothing in this Boundary Contract shall be construed to create any right in any third party not a signatory to this Boundary Contract and the parties do not intend to create any third party beneficiaries by entering into this Boundary Contract. 4.05 Immunity. Nothing in this Boundary Contract shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to the Cities, either individually or collectively. The parties stipulate that this Boundary Contract is not subject to the terms of Local Government Code Ch. 271, Subchapter I. 4.06 Notices. All written notices required under this Boundary Contract must be hand delivered or sent by certified mail return receipt requested addressed to the proper party at the following addresses: 4 City of Lavon: Attention: Mayor Address: 120 School Road, Box 340, Lavon, TX 75166 Phone Number: (972) 843-4220 Fax: (972) 843-0945 City of Nevada: Attention: Mayor Address: 424 E. FM 6, Nevada, TX 75173 Phone Number: (972) 853-0027 Fax (972) 853-0027 (telephone prior to faxing) City of Wylie: Attention: City Manager Address: 2000 State Highway 78 North, Wylie, TX 75098 Phone Number: (972) 442-8100 Fax: (972) 442-8115 City of Rockwall: Attention: City Manager Address: 385 S. Goliad, Rockwall, TX 75087 Phone Number: (972) 771-7700 Fax: (972) 771-7727 City of Garland: Attention: City Manager Address: 2000 N. Fifth, Garland, TX 75040 Phone Number: (972) 205-2000 Fax: (972) Each party may change the address to which notices are sent by giving the other parties written notice, within ten (10) days, of the new address in the manner provided by this paragraph. 4.07 Capacity. Each of the signatories below hereby represents that this Boundary Contract has been approved by his or her City Council and that he/she has full capacity and authority to sign and assume all obligations granted and assumed under this Boundary Contract. 4.08 Waiver of Breach. Forbearance or waiver of one or more instances of breach of this Boundary Contract by any party shall not constitute a continuing forbearance or a waiver of any subsequent breach of this Boundary Contract. 5 4.09 Applicable Law/ Venue/ Mediation. This Boundary Contract shall be construed under, and in accordance with the laws of the State of Texas, and exclusive venue shall lie in Collin County, Texas. If one or more disputes arise with regard to the interpretation, performance and/or breach of this Boundary Contract or any of its provisions, the Cities agree to attempt in good faith to resolve same by scheduling and attending one day of mediation. The mediation shall be conducted within 30 days of the dispute with a mediator agreed to by the Cities, and the cost of the mediation shall be shared equally by the Cities. If a City refuses to mediate, that City shall not recover or seek to recover attorney's fees or costs in any lawsuit brought to construe or enforce this Boundary Contract. 4.10 Legal Construction/Severability. In case any section, article, paragraph, provision, sentence, clause, phrase or word provisions contained in this Boundary Contract shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Boundary Contract, and this Boundary Contract shall be construed as if the invalid, illegal, or unenforceable provision had not been included in this Boundary Contract. Such holding shall not affect the validity of the remaining portions of this Boundary Contract, and the respective governing body of each of the Cities hereby declares it would have passed and approved such remaining portions of this Boundary Contract despite such invalidity, which remaining portions shall remain in full force and effect. The parties expressly agree that if, as of the effective date of this Boundary Contract, any portion of the corporate limits or ETJ of any City shown on the Boundary Map is within the corporate limits or ETJ of any other city that is not a party to this Boundary Contract, the remainder of the Boundary Contract shall remain in full force and effect as if such property had not been included. 4.11 No Actions Inconsistent with this Agreement. Garland shall not release any portion of its ETJ to any party to this Boundary Contract or to any city that that is not a party to this Boundary Contract in a manner inconsistent with the Boundary Map. 4.12 Entire Agreement. This Boundary Contract constitutes the sole and entire agreement of the Cities and supersedes any prior understandings or written or oral agreements between the Cities relating to the subject matter of this Boundary Contract. 4.13 Construction. This Boundary Contract has been negotiated by the parties and shall be deemed drafted equally by all parties hereto. The language of all parts of this Boundary Contract 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. 6 4.14 Amendment. No amendment, modification, or alteration of the terms of this Boundary Contract shall be binding unless it is in writing, dated subsequent to the date of this Boundary Contract, and duly approved and executed by the authorized representative of each of the Cities to this Boundary Contract; however, Cities may adjust mutual boundaries with other cities without the written consent of any of the other parties to this Boundary Contract. 4.15 Counterparts. This Boundary Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. [The remainder of this page is left blank intentionally.] 7 Mayor City of Lavon, Texas EFFECTIVE DATE: ATTEST: City Secretary City of Lavon, Texas APPROVED AS TO FORM: City Attorney City of Lavon 8 Mayor City of Nevada, Texas EFFECTIVE DATE: ATTEST: City Secretary City of Nevada, Texas APPROVED AS TO FORM: City Attorney City of Nevada 9 Mayor City of Wylie, Texas EFFECTIVE DATE: ATTEST: City Secretary City of Wylie, Texas APPROVED AS TO FORM: City Attorney City of Wylie 10 Mayor City of Rockwall, Texas EFFECTIVE DATE: ATTEST: City Secretary City of Rockwall, Texas APPROVED AS TO FORM: City Attorney City of Rockwall 11 Mayor City of Garland,Texas EFFECTIVE DATE: ATTEST: City Secretary City of Garland,Texas APPROVED AS TO FORM: City Attorney City of Garland 12 Attachment 1 Overall Boundary Map 13 CIR�y`' 1111 ter .��,�:� � � . rig err rAlirtiTOW IN 40 Pil �� /� ,�� —� 4 oao o ,Sao3oao 6e00 11 G am Sc.n feet I*, In 01$_ i / list. 4 J -It gm T LIFIJM111111 05,4, i. 1 It �,` l i pj ,/ IIILEGEND i-_---L _5,1_ _ tA-/,i..,l 4jj / k,.. 4 L' � NEVADA CITY UMIT i*,, _-0 �ir'Yp -s`':3� a. « 411�f � '1 J .. . ___..5 li NEVADA ETJ* 1 �� .. , 4 Idii � -/' - 417111 ' ■LAVDN CITY UM IT Nitatt I •' " '. } \— LAVON ETJ* 1 '��. - !(EVADA (�� �1 fly § 1 .. . pa `, 1I. iT - ROCKWALL CITY LIMIT 4 ma's='� ,or � cr fll�/r'��� '� ''4''' "_,,41,:* f�� -_ _ iiik Ui ROCKWALL ETJ* i 4411; ram Tr, 4.ri r --=ort 'Eta WYUE CITY LIMIT r ,,,,,1!# leiiiikli44164L , ir iiil WYLIE ETJ* iter_olkiii.-,_.: cAllr - : POOPP. ort �jlliih �� � �� I�rl� Alli GARLAND ETJ* IllititkrA .M• _ FUTURE GRAND HERITAGE I, llk ilWi'lir,f-M11111111i,�,. '104 111111111111 Alt i . (15593 Acres) '.-,w- ( __,WYA LAKE LAVDN (61};goes) �__ i 0 ;/I� EXISTNG CITY OF GARLAND STRIP A L/'- �� �rl. / i,, ANNE%ATION(TD 0E DISANNE%ED). ♦ � ' , a ,,'`� � WYLIE CITY LIMITS IF a g h 4 lilt II Ahi . .. �� ` 4�� ETJ REPRESENTS EXISTING EXTRATERRITORIAL A ri rev,/ OR�%PANSIONEOf)ETJ D AREA RESERVED ■I magiEi. L ialei%C �.�:�Amor irePu'llid '1 ork ....... ,,,, ji,. :„.A 9.4 all MI 1111BV 104,4 �`may*���� �ii �� Tip ' i �.• BOUNDARY MAP '*A i, IP ��G✓� 1 � � ATTACHMENT 1 TO p ,trp BOUNDARY CONTRACT - ;�. 4� lit, ra PEFITT BBRR A§ / \ / Attachment 2 Lavon Exhibit Map 14 5 1500 Savo t 1 I ARIElk TO REMAIN2 �i' Z 1500 0 0 wttail I THE CITY OF W r c..onc uae In r.., R avEx ARLAND ETJ i \ ` �t XISTIN GARLAND 'TRIP . NEXATION \i i . 0 , i LA4i0:444444iiii%ViC*7 I A 1,, .i—E Aft MIND ,". f.���d4����i.���.�.�.3 • w S NEvnon CITY r u T . � E.J 1 w COY N, t Ii I ... .STING GARLAN ■ xao RIP AN XATIf�N - uwN E., '"[`���� . 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' ir 'A •� �REPRESEN1,l�f)SANO AMA RE�SERKp' fM E%YANSIW Of EiJ. iF CORD 939 Ns\ f NEVADA EXHIBIT ' CORD — PETiTT BARRAZAy ENGINEERING MANNING SURVEYING 300 N WWI,DRIVE lel No.(1.8) 21-9955 [ y�9 45.4 \,,,, RicNm Tm,B 75080Fo.No. 1%)310-3550 o\ t 0A1E:JA UARY,2008 BCMF:1'_1500' ^ `\ / JOB N0.07012-00 E:\007\07o7:0D\EX.,\eouNDAR,M.R\ORAE,'1-5-O9.e.y goo 09.2009-3..Pr^ c588,07 Attachment 4 Wylie Exhibit Map 'VI \\r„......_ LEGEND Q J £i ll NEVADA CITY LIMIT9.11 NEVADA ETJ* ) rill 1111 C7 • % .II I AREA TO REMAIN/1 !` Z p TC a IN THE CITY QF ( *ni. r ARLAND ETJ , \ W IIIILAVON CITY LIMIT �� I 3TINe GARLAND - Y PI q rra TRD? NERATION r CD o 2000 0 1000 2000 4000 O HE ^ 6 Q • _L. / 'IB .LIE r) G$ $ Graph,c Scale in feet J 1 U:::ITLTITT p . _.P "V Ait4 '_., _iiilliffri I 11!.. LIMIT - -,lir 9 •• I �� 7 •4STING GAR rIIIS 4 O BR DI=r NEXED) ROCKWALL ETJ* , I I IL ( /}/ram•.♦. \F�1( c....� EVADA WYLIE CITY LIMIT "' - '- -"' I , ,-.,, I; e. `- LAVON -•�,J;i/_' ,.. I WYLIE ETJw 1 7�� ' - ��I 1 -y • $::::::$4 GARLAND ETJAP"* '� -' �, r �+ RI 1559t FUTUREAcres) GRAND HERITAGE ) _ , •� //�/�/i irpourri - d _ //� WYA LAKE LAVON _ •- I (613± Acres) � ..,... 1Pg‘11111(._ — � EXISTING CITY OF GARLAND STRIP \ ESIIBTING _ ANNEXATION(TO BE DISANNEXED). pr. e.'� O';' (TO HE CITY LIMITS 1 71010„,,.,. .„..a. ' , ° w * ETJ REPRESENTS EXISTING EXTRATERRITORIALj016, W 7111111„,- WYLIE Mk JURISDICTION('ETJ")AND AREA RESERVEDWYLIE EXHIBIT FOR EXPANSION OF ETJ. PETITT BARRAZA' I t X ENGINE PLANNING 6URVEYING DOLLIN\(.,W�r % vnn NDNICWAL DRIVE TN.No.(214 221-9955 NIL, ROCKWALL COS Richardson,Texas 75080 Pox No.(z14i]48-3550 DATE:JANUARY,2009 SCALE:1':pOpD' JOB No.0701I-00 r 32007\0701.0\EXHIBIT\BOUNDARY MAP\ORNAT 1-8-29-08.de9 Jon 09.2009-3:13 pm .nor,pm Attachment 5 Rockwall Exhibit Map • n 4 U ILA .1 . „..., ix, �� e 1 m ea,-.:- /Hi ” . ' t In'..i %o 4°*' \\\\ 4• fair7 atilit;mit.1-c 16 1... 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( DATE:Y v.300E JOB N0.01012-00 F`\2001\0701200\EX.,\BOUNDARr MAP\ORPil 1-E-29-Ob a.g Aug 29.200E-+. p pc awa Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 27, 2009 Item Number: 5 Department: City Secretary Office (City secretary's Use Only) Prepared By: City Secretary Office Account Code: Date Prepared: January 23, 2009 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Resolution No. 2009-03(R) suspending the effective date of CoSery Gas Ltd.'s requested rate changes to permit the city time to study the request and to establish reasonable rates; approving cooperation with other cities within the CoSery system to hire legal and consulting services and to negotiate with the Company and direct any necessary litigation; requiring reimbursement of cities' rate case expenses; authorizing intervention in the proceeding at the Railroad Commission; requiring notice of this resolution to the Company. Recommendation Motion to approve Resolution No. 2009-03(R) suspending the effective date of CoSery Gas Ltd.'s requested rate changes to permit the city time to study the request and to establish reasonable rates; approving cooperation with other cities within the CoSery system to hire legal and consulting services and to negotiate with the Company and direct any necessary litigation; requiring reimbursement of cities' rate case expenses; authorizing intervention in the proceeding at the Railroad Commission; requiring notice of this resolution to the Company. Discussion On December 18, 2008, CoSery Gas Ltd. ("CoServ" or "Company") filed with the City a Statement of Intent to Increase Rates. CoSery asks the City to approve rate changes expected to increase Company revenues by $2.9 million, an overall total revenue increase of approximately five percent(5%). CoServ's most recent rate case was filed by the Company in 2004. The City, participating in a coalition with other cities served by CoServ, ultimately settled the CoServ's rate request in 2005, reducing the Company's requested increase by more than fifty percent. The deadline for suspending CoServ's Statement of Intent to Increase Rates was January 23, 2009 and no action would allow the Company to institute the requested natural gas rate changes within the city. The City of Wylie was given an extension to take action to suspend the effective date of CoServ's requested increase. Suspending the effective date allows cities 90 additional days to consider the requested rate change and investigate the appropriate level for rates. Page 1 of 1 Page 2 of 2 Attachments incude the proposed resolution, an anticipated breakdown of the rate increase to residential and commercial customers and the memo from Lloyd Gosselink, Attorneys at Law. Mark Israelson, City of Plano Director of Customer and Utility Services has agreed to lead the efforts to coordinate cities review of the Company's rate request. A meeting is scheduled for Thursday, February 5, 2009 for all cities served by CoSery to address policy issues raised by the filing,the consultant's initial analysis, and strategy going forward. The meeting will be held at the Addison Conference Centre, 15650 Addison Road. It will begin at 2:30 and is expected to last until 4:00 p.m. Approved By Initial Date Department Director MM 1/23/09 City Manager �� I /a3l(�� RESOLUTION NO. 2009-03(R) RESOLUTION OF THE CITY OF WYLIE, TEXAS SUSPENDING THE EFFECTIVE DATE OF COSERV GAS LTD.'S REQUESTED RATE CHANGES TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE COSERV SYSTEM TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; AUTHORIZING INTERVENTION IN THE PROCEEDING AT THE RAILROAD COMMISSION; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY. WHEREAS, on or about December 18, 2008, CoSery Gas Ltd. ("CoServ"), filed with the City of Wylie, Texas a Statement of Intent to change gas rates in all municipalities within the CoSery System; and WHEREAS, it is reasonable for the City of Wylie, Texas to cooperate with other cities in a review of the Company's Statement of Intent and to coordinate the hiring and direction of legal counsel and consultants and to negotiate with the Company and direct any necessary litigation; and WHEREAS, Gas Utility Regulatory Act § 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety(90) days; and WHEREAS, Gas Utility Regulatory Act § 103.022 provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. That the January 23, 2009 effective date of the rate request submitted by CoSery be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. Section 2. That the City is authorized to cooperate with other cities in the CoSery service area to hire and direct legal counsel and consultants, negotiate with the Company, and to intervene and participate in any necessary administrative proceedings or court litigation associated with an appeal of city action. Section 3. That the City's reasonable rate case expenses shall be reimbursed by CoServ. Section 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Resolution No.2009-03(R) 1 Suspending effective date of CoSery Rate Increase Section 5. A copy of this Resolution shall be sent to Charles D. Harrell, Chief Financial Officer, CoSery Gas Ltd., 7701 South Stemmons, Corinth, Texas 76210-1842 and to Kristen Doyle, counsel for Cities Served by CoSery at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Ste. 1900, Austin, Texas 78701. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, and this the 27th day of January 2009. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2009-03(R) 2 Suspending effective date of CoSery Rate Increase CoSery Gas,Ltd. Monthly Impact on Customer Bills Residential Customers Proposed Current Range Monthly Flat Proposed Current %of (Ccf per #of Delivery Cost of Base Cost of Increase/ %of °A)of Base Base Base month Ccf % Custs % Av..Ccf Charge Gas Total Bill Charges Gas Total Bill (Decrease) Base Total Revenues Revenues Revenues <400 2,703,077 6% 8,309 14% 27.11 13.59 22.16 35.75 12.83 22.16 35.00 0.75 5.9% 2.2% 1,354,790 1,279,671 5.9% <1000 29,445,283 67% 42,394 72% 57.88 21.06 47.32 68.38 17.19 47.32 64.50 3.88 22.6% 6.0% 10,716,225 8,743,121 22.6% >999 11,692,305 27% 8,341 14% 116.82 35.39 95.50 130.89 25.52 95.50 121.03 9.86 38.7°A) 8.2% 3,541,823 2,554,492 38.7% 43,840,665 100% 59,043 100% 15,612,838 12,577,284 24.1% Current Rates Cust.Chg. $ 9.00 Effective per Ccf $0.14144 Cost of Gas $0.81751 Note:Total bill excludes surcharges,miscellaneous charges,franchise fees and gross receipts taxes. Commercial Customers Proposed Current Range Monthly Flat Proposed Current %of (Ccf per #of Delivery Cost of Base Cost of Increase/ °A,of %of Base Base Base month Ccf % Custs °A° Av..Ccf Charge Gas Total Bill Charges Gas Total Bill (Decrease) Base Total Revenues Revenues Revenues <2000 375,733 7% 665 65% 47.06 32.07 38.48 70.55 23.86 38.48 62.33 8.21 34.4% 13.2% 256,037 190,483 34.4% <4000 272,274 5% 81 8% 281.21 82.17 229.90 312.07 65.45 229.90 295.34 16.73 25.6% 5.7% 79,563 63,369 25.6% >3999 4,550,381 88% 276 27% 1,373.78 315.97 1,123.08 1,439.05 259.51 1,123.08 1,382.60 56.45 21.8°A) 4.1% 1,046,571 859,588 21.8% 5,198,388 100% 1,022 100% 1,382,171 1,113,440 24.1% Current Rates Cust.Chg. $ 15.50 Effective per Ccf $0.17762 Cost of Gas $0.81751 Note:Total bill excludes surcharges,miscellaneous charges,franchise fees and gross receipts taxes. Proposed 3rd step is$55 customer charge,plus$.18996 per Ccf. Lloyd 816 Congress Avenue,Suite 1900 Austin,Texas 78701 Gosselink Telephone:(512) 322-5800 Facsimile:(512)472-0532 ATTORNEYS AT LAW www.lglawfirm.com Ms.Doyle's Direct Line: (512)322-5820 Email: kdoyle@lglawfitm.com MEMORANDUM TO: Cities Served by CoSery Gas Ltd. FROM: Kristen Doyle Geoffrey Gay Georgia Crump DATE: December 1, 2008 RE: CoSery Gas Ltd. Intent to File Application to Increase Rates CoSery has notified our office that the Company intends to file an application to increase rates with all cities it serves sometime in early to mid-December, probably December 15th Please place an agenda item on your first council meeting in January to suspend the effective date of CoSery Gas Ltd.'s application to increase rates. We will provide you with a model suspension resolution and staff report as soon as the case is filed. Suspending the effective date provides cities more time to consider the application and investigate the basis, if any, for an appropriate rate adjustment. By law, a request to adjust rates becomes effective no earlier than 35 days after it is filed with the city unless the city takes action regarding the utility's request. Because the upcoming holidays may affect regular council schedules, the Company has worked with us to ensure that cities will have adequate notice to take action at council meetings scheduled early to mid-January. Mark Israelson, Plano's Director of Customer and Utility Services, has agreed to lead the efforts to coordinate cities' review of the Company's rate request. CoServ's last request to change rates was filed with the cities in 2004. In that case, the cities passed resolutions suspending the effective date and formed a coalition to hire counsel and an expert to examine the reasonableness of the proposed rates. We represented the coalition. Ultimately, the coalition was able to negotiate a settlement with the Company that permitted a 2 percent increase in residential customer rates instead of the 18 percent increase originally requested by the Company. Like the 2004 rate case, it is not anticipated that there will be any assessment or monetary encumbrance for participating cities. CoSery will reimburse cities' rate case expenses. However, because the Company is permitted by law to surcharge its customers to recover rate case expenses, it is important to be cost efficient while working for the best possible outcome for ratepayers. In the 2004 rate case, the coalition was able to significantly reduce the Company's requested increase while keeping cities'total rate case expenses to less than $1 per customer. Please contact Kristen (512/322-5820) if you have any questions. Lloyd Gosselink Rochelle & Townsend, P.C. 7; Wylie City Council CITY OF WYLIE AGENDA REPORT r Meeting Date: January 27, 2009 Item Number: Worksession Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: January 23, 2009 Budgeted Amount: N/A Exhibits: 4 Subject Presentation regarding Senior Living Facilities Recommendation Discussion The proposed Senior Living Facilities would be located south of the Target development, east of McCreary Road. The Planned Development District zoning for this property(Ord. 2006-01) includes a retirement housing use which specifies that the head of the household must be 55 years of age or older, and also addresses density, setback and parking requirements. The developer is proposing to apply for Housing Tax Credits through the Texas Department of Housing and Community Affairs which would allow the rents to remain relatively low for the specified income restricted senior residents. Approved By Initial Date Department Director / City Managers 'I ° 9 Page 1of1 _ ,-,,,, --,--: ,,i1 1p h / :, ,• I, ,i1+ t �mn.ti 111,1!1 I fia. i‘ -.- -' .0'4. --"-.1%.• mom 2,-4 d ii ....... .., ril, +\ �/ mot..'•:,.'.„, 1 C i�'�I1 . '\"s,,./lti , ti \ -, 11 low!'_" no rI" . tik., . , • ‘t Virt,' li. '- "._-_':''''4 1:4,1, ',',, ;' 11 ...11 I r hii !h ll'r:l':fl 11 1; [[CC . .... am io- cl— I ��s�6 f f 111111,11409,1 I AN1141 I ,--:71;.k..11 !I_j,.:71°':,P.M.:, 11111—1!7:-;::igs.11111::;4:-1‘ 1:' : \\ ,- (...i.. .. , .4„., , . ... AL d 1 . f .• �'' gip + riiit l x`, , ` H arm,V',% - .�'" I` ,a j v. T, ,implit .,. . .. . ,..• ,, N k ''‘, - .,:, _ Ii. Pr _ ,,_,,,_,_.,„ .. t ., . -' \ * ,, , - „ _"7--- - nnaulnmwsnunnannra uu �01 „, 1 . ,,1 , 11 \I ,1 l !$0; ��• '� l _ ,, \ , 51 �di '_ t Aim ,- ."a""�" :atL:..,..o i 1)1 \ IT • dilli i t ' '^! \J •' **II r UK 1111rr+ i,`= .- /\ \\ ' ' \s'. \ *,,,„,_. :„. roviar4 � •■M . i � �.�t111fl11,� II', '� _ � 'u , �1�,� 11,� Churchill R E S t) 1: k T 1 A i.. r January 7, 2009 Mayor Eric Hogue City Mayor - 2000 State Highway 78 North Wylie,TX 75098 Re: Evergreen at Wylie Senior Community Approx.I,000 feet. South of FM.544 on McCreary Road (SEC,) of FM 544 and'McCreary Road) Wylie,TX 75098 TDHCA Notification Letter Dear Mayor Hogue: As required by the TDHCA, this letter is to inform you that we wish to develop a 155-unit senior apartment community at the above address. Enclosed is a copy of public notification concerning the proposed development and a location map. Should you have any questions,please feel free to contact me at 972.550.7800 ext. 222. Sincerely, Brad Forslund President Enclosures 5605 N. MacArthur Blvd., Suite 580 Irving,TX 75038 972.550.7800 fax 972.550.7900 www.churchillresidential.com ----------- --- ---- � I NOTICE TO PUBLIC PEW Wylie Senior Community, L.P. is making an application for I lousing Tax Credits with the Texas Department of I•lousing and Community Affairs for Evergreen at Wylie Approx. 1,000 feet south of FM 544 on McCreary Road (SEQ of FM 544 and McCreary Road) Wylie,Collin County,"Texas 75098 This new construction development is an apartment community comprised of approximately 155 units of which 155 units will be income restricted. • 10% will be for tenants with approximate incomes less than 30"'0; • 10% will be for tenants with approximate incomes less than 50%; • 80%will be for tenants with approximate incomes less than 609-'0 of the area's median income. For a single or married senior household those approximate income levels are: S13,980; S l 5,960 for 30%of AM GI S23,300;S26,600 for 50% of;\MGI S27,960;S31,920 for 60% of AMC;T The total restricted income percentage of the Development is 100%. The Development will serve senior households. The number of units and proposed rents (less utility allowances) for the subject property's tax credit units are: 8 - 1 Bedroom Units for$262 8 - 1 Bedroom Units for $511 61 - I Bedroom Units for$636 8 - 2 Bedroom Units for $315 8 - 2 Bedroom Units for $614 61 - 2 Bedroom Units for $764 If awarded, this development would be ready for occupancy by approximately December, 2010. For more information on this notice,please contact PWA Wylie Senior Community, L.P., Brad Forslund, 5605 N. MacArthur Blvd, Suite 580, Irving, TX 75038, 972.550.7800 x222. For infdrnmation on the Housing Programs, see•www.tdhc i stare.rx.us. a Churchill E < I il I; N I1 A I. Evergreen at Wylie pprox. 1,000 feet south of FM 544 on IeCreary Road (SEQ of FM 544 and :McCreary Road) Wylie, TX 75098 o afield `e'C'` 2 n Rice Dr - o. 2551 co m O, ; Murphy Daniel Dr `n. ro a ter 9 L - p W Lakefield Dr. 6 , St 14th St E FM 544 544 S� 04 Wylie E FM-544 Ct 0 ) t) Colby Dr re c a � Steel Rd c EL' Plano . a ° n o n I Capital St 296 sn 3 . a Founders CC Park t ;arrington Q �� KinneyDr Briar 0- Renner Rd. ee.pt o E -o• pt Chero'' T F Richardson. ( tC�tie Q 'Ridge��e� Or . ar Dr Dr Sunset Dr . N cy 0 c Skyl s. ine Dr z.. o 5605 N.MacArthur Blvd..Suite 580, Irving,TX 75038 972.550.7800 fax 972.550.7900 ww.churchillresidential.com 04. aOV k- O 2.0 PLANNED DEVELOPMENT- RETIREMENT HOUSING DISTRICT(RH) 2.1 General Description: The residential development within this Planned Development District, located within the master planned development are intended to accommodate a variety of retirement housing land uses and densities. They are designed to provide a component for retirement hous- ing adjacent to and in support of neighboring commercial development which provides the needed civic,business and commercial requirements of not only the surrounding im- mediate neighborhood but a larger quadrant of the overall Wylie community. The retire- ment housing units may encompass independent living facilities, assisted living facilities or continuous care facilities. The development standards for this district identified herein are necessary to achieve the previously stated purpose and are further outlined within these development standards. 2.2 Permitted Uses: Land uses permitted within the Retirement Housing District (RH) are as follows: (A) Retirement housing. (B) Real estate sales offices and model homes during the development and marketing of the residential areas. (C) Temporary buildings, advertising signs,parking lots, temporary concrete batch plant and other uses incidental to construction work and sales promotions on the premises, which shall be removed upon completion. 2`3 Density: The overall maximum allowed density for residential units for retirement housing devel- oped within the Retirement Housing District (RH) classification is 25 units per acre. 2.4 Minimum Age Requirement: To qualify as a retirement housing facility, the units shall (i) have a head of household of 55 years of age or older of which the surviving member(s) of a household, regardless of age,may occupy a unit provided that the household head meeting the age requirement has died or(ii) restricted to age 62 or older in accordance with the Fair Housing Act. Management personnel and his/her family may occupy units without complying with the minimum age requirement. The total of such dwelling units shall not exceed two per 100 dwelling units, or portion thereof, in the project. 2.5 Retirement Housing Development and Design Requirements: The Retirement Housing Development and Design Requirements, hereinafter defined,re- place Section 3.4 Residential Design Standards of the Zoning Ordinance of the City of Wylie. 2 There are no points associated with the development and design requirements within the Retirement Housing District(RH). Development within this district shall conform to the following development and design requirements: The maximum building height shall be 4 stories. The minimum setback from a property line of land designated to be developed as retirement housing is 20 feet for each story of building height. The minimum floor area requirements or unit sizes shall be in compliance with state regulations for facilities eligible to receive Medicare/Medicaid fund- ing. The units may be constructed as one building or multiple buildings of attached units or any combination thereof. Materials for buildings within the development shall be one hundred percent (100%) masonry including, but not limited to, brick, stone, cast stone, decora- tive concrete, stucco, EIFS, cementitious siding or concrete masonry units. 2.6 Parking Requirements: Parking for independent living shall be provided at a minimum ratio of 1.1 parking spaces per dwelling unit. Handicapped parking shall be provided at the rate of 1 parking space per 25 dwelling units or portion thereof unless required otherwise by the Texas Depart- --- ment of Licensing and Regulation. Parking for assisted living or continuous care facilities shall be provided at a minimum ratio of 1 parking space for every 2 beds. 2.7 Accessory Uses: In an effort to enhance the quality of life in a retirement facility, the following accessory uses are allowed: Snack Bar Barber and Beauty Shop Private Community Center Private Retail or Convenience Shop Private Pharmacy Private Game Court Arts and Crafts Studio Office Private Club Private Community Pool and Jacuzzi 3 rM Common Dining Facilities Commercial Kitchen Facilities Chapel Greenhouse Private Theater On-Site Real Estate Rental/Sales Office Private Medical Facility to include a medical facility, healthcare facility, and an inha- lation facility and other medical uses. 4 ........ . 1 " 4%, ; - , 4, , 3 'i; .„, '5 ' , .,.,, .„ . ..-- 17\ ' , ..r 1 , .,.. .,, - - ,..• II t.•4• 1 ,, ' ,, , , ...,.. ........_ .4 4 " , -. ..;..,........4\ •• 4• . :::'" -'..-.-"-'"- . ,...-,••"1"• 1 '.!II; .3"),•.,.,-,,-..".,'....i-,"-e..,,;:•".-.--........-,;,,,•,4%.,",,i'•,'••a"•7t.,-„7.,A.-..-;„t",.,,'l r .. , 1 . ; i ! , I RI .. .; I 1 't, 1 ;. r.1 4 I .!1 ', . 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P TOTALSuRvEy 1 p.-Imo rill Kimley-Hon : , Irk,IIII '1 and Assocates,:oc. ill 1 6 6'5 6w A MB cS'At TTS RAyCACOCHRFTS EwEN L.IE 3 5 . ' ' ! h coLLIN COUNTY, TEXAS