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09-28-2021 (City Council) Agenda Packet Wylie City Council Regular Meeting September 28, 2021 —6:00 PM Council Chambers-300 Country Club Road,Building#100,Wylie, Texas 75098 CITY CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PRESENTATIONS &RECOGNITIONS PRI. Fire Prevention Week. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an individual, six minutes for a group. 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 September 14, 2021 Regular City Council Meeting minutes. B. Consider, and act upon, a Final. Plat, being a Replat for Seventy8 & Westgate Addition, establishing three commercial lots on 12.127 acres, generally located at 960 South Westgate Way. C. Consider, and act upon, a Final Plat for Wylie Lake Townhomes Addition, establishing 21 residential lots and three HOA lots on 4.839 acres,generally located northwest of the intersection of Spencer Lane and Colby Lane. D. Consider, and act upon, a Preliminary Plat for Kreymer at the Park, being 48 residential lots and two open space lots on 16.48 acres. Property located at 2605 E Stone Rd. E. Consider, and act upon, a Final Plat,being a Replat for Woodlake Village, establishing five commercial lots on 15.58 acres, generally located on the northeast corner of State Highway 78 and Eubanks Lane. F. Consider, and act upon, approval of a Park Event Application for the Wylie P.O.L.I.C.E. Club to hold a softball tournament fundraiser event at Founders Park on November 6, 2021. G. Consider, and act upon, the approval of the City of Wylie Revenue and Expenditure report for August 31, 2021. H. Consider, and act upon,the approval of the City of Wylie Investment report for August 31,2021. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 31, 2021. Page 11 7 J. Consider, and act upon, the approval of the purchase of NeoGov Human Resources Software from SHI Government Solutions in the estimated annual amount of$57,149.00 through a cooperative contract with Omnia Partners, and authorizing the City Manager to execute any and all necessary documents. REGULAR AGENDA 1. Consider, and act upon, Resolution No. 2021-28(R) authorizing and directing the City Manager of the city of Wylie, Texas, to implement practices necessary to broadcast online and preserve all meetings of the Planning and Zoning Commission in the same manner as meetings of the City Council, and to take any and all other actions necessary to effectuate the same. 2. Consider, and act upon, Resolution No. 2021-29(R) casting a nomination for a candidate for the Board of Directors of the Dallas Central Appraisal District. 3. Consider, and act upon, Resolution No. 2021-30(R) casting a nomination for a candidate for the Board of Directors of the Rockwall Central Appraisal District. 4. Consider, and act upon, Resolution No. 2021-31(R) approving a Resolution of the Wylie Economic Development Corporation to obtain a loan in the principal amount of$8,108,000. EXECUTIVE SESSION Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES 1. Consider the sale or acquisition of properties located at Ballard/Brown,FM 544/Cooper,Jackson/Oak, State Hwy 78/Ballard, and State Hwy 78/Brown. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay,or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2017-1.0a,2020-1.1 b,2021-4a,2021-4b,2021-4c, 2021-6a, 2021-8a, 2021-8b, and 2021-9c. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on September 24,2021 at 5:00 p.m. on the outside bulletin board at Wylie City Hall,300 Country Club Road,Building 100,Wylie,Texas,a place convenient and readily accessible to the public at all times. Page 12 2 Stephanie Storm, City Secretary Date Notice Removed The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code § 551.001 et. seq.,will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including,but not limited to,the following sanctions and purposes: Texas Government Code Section: § 551.071 —Private consultation with an attorney for the City. § 551.072—Discussing purchase, exchange,lease or value of real property. § 551.074—Discussing personnel or to hear complaints against personnel. § 551.087—Discussing certain economic development matters. § 551.073—Discussing prospective gift or donation to the City. § 551.076—Discussing deployment of security personnel or devices or security audit. Page 13 3 09/28/2021 Item A. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, approval of September 14,2021 Regular City Council Meeting minutes. Recommendation Motion to approve Item as presented. Discussion The minutes are attached for your consideration. Financial Summary/Strategic Goals Community Focused Government Page 1 of 1 4 09/28/2021 Item A. Wylie City Council Minutes September 14,2021 —6:00 PM Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:00 p.m. The following City Council members were present: Councilman David R.Duke,Councilman Dave Strang,Mayor pro tern Jeff Forrester,Councilman Timothy T. Wallis, and Councilman Garrett Mize. Councilman Scott Williams was absent. Staff present included: Assistant City Manager Renae 011ie; Assistant Police Chief Tommy Walters; Fire Chief Brandon Blythe; Finance Director Melissa Beard;Parks and Recreation Director Rob Diaz;Public Works Director Tim Porter; Project Engineer Jenneen Elkhalid; Public Information Officer Craig Kelly; Economic Development Executive Director Jason Greiner;Human Resources Director Lety Yanez; Municipal Court Judge Art Maldonado; Planning Manager Jasen Haskins;City Attorney Richard Abernathy;Library Director Ofilia Barrera;City Secretary Stephanie Storni, and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Mayor pro tern Forrester led the invocation and Councilman Duke led the Pledge of Allegiance. PRESENTATIONS &RECOGNITIONS PRI. Hispanic Heritage Month. Mayor Porter recognized Hispanic Heritage Month which is September 15 through October 15. CITIZEN COMMENTS ON NON-AGENDA ITEMS Darnell Marshall, Dan Chesnut, Diane Chesnut, Nakita Christensen, and Jessica Hughes addressed Council, speaking in objection to turning over the operations of the Wylie Recreation Center to the DFW YMCA. 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 August 24,2021 Regular City Council Meeting minutes. B. Consider, and act upon,Resolution No.2021-26(R) approving the current Investment Policy as required by the Texas Government Code,Chapter 2256,Public Funds Investment Act,Subchapter A-Authorized Investments for Governmental Entities. C. Consider, and act upon, approval of the Purchasing Policies. D. Consider, and act upon, approval of the Debt Management Policy. E. Consider, and act upon, approving the Financial Management Policies. September 14,2021 Wylie City Council Minutes Page I 1 5 09/28/2021 Item A. F. Consider, and act upon,Ordinance No.2021-45 for a change of zoning from Commercial Corridor(CC) to Planned Development-Commercial Corridor(PD-CC),to allow for commercial development on 7.79 acres generally located at the northeast corner of North State Highway 78 and Eubanks Lane(ZC2021- 20). G. Consider, and act upon,a Preliminary Plat for Wylie Logistics Park,to establish nine industrial lots and two open space lots on 225.081 acres,property generally located at the northeast corner of State Highway 78 and Spring Creek Parkway. H. Consider, and act upon,the acceptance of the Bylaws governing the rules of procedure for the Cemetery Advisory Board. I. Consider,and act upon,the approval of the renewal of J.P.Morgan Chase Procurement Cards(P-Cards) through an inter-local agreement between the City of Wylie and the City of Ft. Worth, and authorizing the City Manager to execute any necessary documents. J. Consider, and act upon,the approval of the purchase of Annual Maintenance and Software Upgrade for Public Safety Radios and Network Recording Software from Motorola Solutions Inc. in the estimated annual amount of$71,924.00 through a cooperative purchasing contract with the Texas Department of Information Resources and authorizing the City Manager to execute any necessary documents. K. Consider, and act upon, the approval of an Interlocal Environmental Services Agreement with Collin County Environmental Health Care Services to provide public health functions in the estimated annual amount of$44,216.00; and authorizing the City Manager to execute any necessary documents. Mayor Porter requested Items C, E, and H be removed from the Consent Agenda and considered individually. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang, to approve Consent Agenda Items A,B,D,F,G,L,I,J,and K as presented.A vote was taken and motion passed 6-0 with Councilman Williams absent. REGULAR AGENDA C. Consider, and act upon, approval of the Purchasing Policies. Council Comments Mayor Porter asked if there is a way to allow Council to get involved on the larger priced projects before the item goes out for bid. Purchasing Manager Hayes explained the evaluation criteria and process utilized by staff. Hayes stated it is important to keep the process impartial and information confidential until the decision is made and announced; however, if Council wants to have discussions with staff about the overall architecture of a future building that can be completed during work sessions.Porter stated his concern is Council giving input at the end of the process after a vendor is chosen. Hayes stated a conflict can occur if Council gets into the specifications as Council is the final vote on the award process.Porter stated he does not want to get into the evaluation process,but instead would like to give input on how the scores are weighted in the different categories. Councilman Mize stated he is satisfied with the policy as presented, and where appropriate as mentioned, Council could give general feedback and direction,but not get involved in the weighting of the qualifications. Councilman Strang agreed with Councilman Mize with not getting involved in the details, but would like to see some examples of what the contractor built if that is possible. Porter stated specific names cannot be released during the process, but Council may have an initial work session with general examples of desired architectural designs to give to staff before the process begins. Hayes stated information such as that can also be included in the bid specs so the firms are aware of what the City is looking for. September 14,2021 Wylie City Council Minutes Page 12 6 09/28/2021 Item A. Council Action A motion was made by Councilman Strang, seconded by Mayor pro tern Forrester,to approve Item C as presented. A vote was taken and the motion passed 6-0 with Councilman Williams absent. E. Consider, and act upon, approving the Financial Management Policies. Council Comments Mayor Porter requested additional information on General Fund,Utility Fund, and 4B Fund Fund Balance. Finance Director Beard replied the Fund balance requirement for the General Fund is 25 percent of the budgeted expenditures for the year;however,the rating agencies like to see at least a 30 percent Fund balance. Traditionally the City has greater than 30 percent in the General Fund balance at the end of the year due to conservative budgeting and spending. Beard recommended keeping the General Fund Fund balance at 35 percent to assist the City with future ratings by the agencies. Beard stated the Utility Fund Fund balance requirement is 90 days of the budgeted expenditures,and the City strives to keep a healthy Fund balance to prevent volatile rates charged to customers. Beard stated the 4B Fund Fund balance requirement is 25 percent of the budgeted sales tax revenue, and the City strives to keep a healthy Fund balance due to the volatility of the sales tax revenues. Council Action A motion was made by Mayor Porter, seconded by Mayor pro tern Forrester, to approve Item E as presented. A vote was taken and the motion passed 6-0 with Councilman Williams absent. H. Consider, and act upon,the acceptance of the Bylaws governing the rules of procedure for the Cemetery Advisory Board. Council Comments Mayor Porter confirmed that term limits were included in the rules of procedures. Cemetery Advisory Board liaison 011ie reported they had their first meeting which was successful. Mayor pro tern Forrester asked if staff has additional information regarding the oversight of the Board. 011ie replied there are laws that will govern the Board and an ordinance will be brought to Council at a future meeting. Forrester confirmed the City has not officially taken over the cemeteries. 011ie replied that is correct. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang,to approve Ttem H as presented. A vote was taken and the motion passed 6-0 with Councilman Williams absent. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 6:55 p.m. Sec. 551.072.DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES1.Discuss Right-of-Way Acquisition for McMillen Drive and Eubanks Lane. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. September 14,2021 Wylie City Council Minutes Page 13 7 09/28/2021 Item A. Mayor Porter reconvened the Council into Open Session at 7:54 p.m. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 7:54 p.m. in regard to Work Session 1 CWD Rate Increase and contract modification discussion. Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. A governmental body may not conduct a private consultation with its attorney except: (1)when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session and into Work Session at 8:11 p.m. WORK SESSION WS1.Presentation and discussion with CWD regarding a rate increase and contract modification to contract #W2018-118-A Solid Waste&Recycling Services with Community Waste Disposal L.P.,adjusting the billing rates effective 10/1/2021. Greg Roemer,representing Community Waste Disposal(CWD),addressed Council giving a brief presentation that included challenges such as the pandemic,residential trash volumes,February 2021 FEMA-Declared Disaster,and labor shortages; city of Wylie data and statistics; CWD Recovery Plan; and the October annual rate adjustment. Roemer answered questions from Council regarding the labor shortage, if CWD can track a driver's route,identify hot spots, and if there are improvements to service that can be made to offset the cost increase. Council expressed concerns with a rate increase with the complaints received from residents which include the recycling and bulk not being picked up,mixing trash and recycling together, leaking hydraulic fluid,performance issues, and trash left on the ground after servicing. Roemer explained the 10 percent increase includes a 4.5 percent inflation cost and a 5.5 percent fuel cost increase. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session at 8:46 p.m. 1. Hold a public hearing,consider,and act upon,Resolution No. 2021-27(R)of the City Council of the City of Wylie, Texas, recognizing and offering no objection to the intent of Roers Wylie Apartments Owner Limited Partnership to submit an application to the Texas Department of Housing and Community Affairs for 2021 Housing Tax Credits to develop Wylie Senior Apartments, property generally located on the south side of FM 544 approximately 1400 feet west of Sanden Boulevard. September 14,2021 Wylie City Council Minutes Page 14 8 09/28/2021 Item A. Staff Comments Planning Manager Haskins addressed Council stating in July 2021, the City Council held a work session in which Roers Development presented a potential project for a Seniors only affordable living apartments. Based on Council feedback during that work session, Roers has decided to pursue tax credits for the potential development through an application to the Texas Department of Housing and Community Affairs. In accordance with the requirements, the governing body may, after a public hearing, provide a resolution regarding the tax credit application. The resolution is required for the application to be accepted. At Roers request, staff has prepared a resolution, which states the project location,name, and that Council does not object to the tax credit application. The resolution does not reference, support, or guarantee any zoning changes or other project requirements. Public Hearing Mayor Porter opened the public hearing on Item 1 at 8:49 p.m. asking anyone present wishing to address Council to come forward. No person was present wishing to address Council. Mayor Porter closed the public hearing at 8:49 p.m. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang,to approve Item 1 as presented. A vote was taken and the motion passed 6-0 with Councilman Williams absent. 2. Consider, and act upon, an agreement authorizing the appointment of Steve Feil as Associate Municipal Court Judge for the City of Wylie effective October 1, 2021, setting terms and hourly rate of service. Council Comments Mayor Porter asked Municipal Court Judge Maldonado to share additional information on this item. Maldonado stated with the jail opening at the Public Safety Building,it has increased the need for an additional Associate Judge as it is a requirement that a Judge be present on the date a person is arrested to magistrate them.Judge Feil introduced himself to the Council and gave background information on himself which included serving as a prosecutor,defense attorney, and a magistrate in Dallas County. Council Action A motion was made by Councilman Strang, seconded by Councilman Wallis, to approve Item 2 as presented. A vote was taken and the motion passed 6-0 with Councilman Williams absent. 3. Consider, and act upon, the award of Request for Proposal(RFP) #W2021-76-A for Human Resources Health & Welfare Benefits to Various Vendors in the estimated annual amount of $4,273,945.00 and authorizing the City Manager to execute any necessary documents. Mayor Porter announced he may have a conflict of interest and recused himself from the meeting at 8:55 p.m. Staff Comments Purchasing Manager Hayes addressed Council stating the City issued a Request for Proposals (RFP) for the employee and retiree health and welfare benefits,both City and employee funded programs, and the City received 27 responses. All submissions were reviewed by City staff and the consulting firm, HUB International, Inc., in. accordance with the published evaluation criteria. Council Comments Councilman Strang asked if the benefits are the same as what was previously submitted. Human Resource Director Yanez replied the benefits are the same as what was presented with some enhancements, and added moving to the new medical carrier,the City will gain five percent savings, and the split for spouses to cover their dependents will be 53 percent instead of the current 50 percent. Strang asked about a potential spousal surcharge.Yanez replied that currently there are 80 spouses covered on City insurance, and after doing calculations on a possible surcharge it September 14,2021 Wylie City Council Minutes Page 15 9 09/28/2021 Item A. would affect potentially a little more than half of the 80 employees; therefore, staff decided that the City would absorb the five percent savings and add an additional three percent for the employee cost. Council Action A motion was made by Councilman Mize, seconded by Councilman Duke, to approve Item 3 as presented. A vote was taken and the motion passed 5-0 with Mayor Porter abstaining(Conflict of Interest on file with City Secretary) and Councilman Williams absent. Mayor Porter returned to his seat at the dais at 9:04 p.m. Mayor Porter convened the Council into Work Session at 9:04 p.m. WORK SESSION WS2.Discuss Wylie Wastewater Treatment Plant Demolition Options. Public Works Director Porter addressed Council to discuss options for demolition of the Wylie Wastewater Treatment Plant, including costs associated with each. Public Works Director Porter thanked Clayton Barnard, representing Freese and Nichols; Billy George and Scott Hoelzle, representing NTMWD; and Marvin Fuller, NTMWD board member for attending the work session this evening. Public Works Director Porter stated Option 1 would be to remove the top two feet of concrete of the basins that hold the water, Option 2 is the demolition of all of the structures two feet below the ground, Option 2A is an additional cost for the full removal of the concrete, Option 3 is the demolition of all the structures two feet below the ground and moving the wastewater interceptor, Option 4 is the demolition of all structures two feet below ground,moving the wastewater interceptor and adding a decel lane, and Option 5 is the demolition of all structures two feet below ground, moving the wastewater interceptor, and adding an access drive. Public Works Director Porter and Barnard answered questions from Council. Direction from Council included Mayor Porter, Councilman Mize, Councilman Duke, and Councilman Wallis giving direction on Options 3 and 2A, and Mayor pro tern Forrester and Councilman Strang giving direction on Options 4 and 2A.The consensus of Council was to maintain the perimeter fencing around the site during demolition and then reduce the fencing to only the bioxide feed system. Mayor Porter convened the Council into a break at 9:28 p.m. Mayor Porter reconvened the Council at 9:34 p.m. WS3.Discuss Potential Uses for the Fund Balance in the General Fund. Mayor Porter stated he requested this item be placed on the agenda for discussion. Direction from Council included: gather additional information for the Senior Center remodel and to allocate $750,000 towards the project; allocate $1,300,000 towards two splash pads, one on the east side and one on the west side of the City; allocate $700,000 for a dog park; allocate $600,000 for sidewalk repairs; allocate $500,000 for storm drainage facilities; allocate $1,200,000 for Quint Unit #116 replacement and potentially designating additional money to a separate fund for a future fire truck; allocate $250,000 for LifePak 15 Heart Monitors; and allocate $120,000 for a Library book sorter from the General Fund Fund balance. Council stated other potential items to use Fund balance for include: trails, beautification, practice fields, land acquisition for park usage, connectivity of trails especially around downtown, lighting, benches, bike lane, field improvements for Founders, and improvements near Wylie High School and Kroger Marketplace to ensure safety of the students. RECONVENE INTO REGULAR SESSION Mayor Porter convened the Council into Regular Session at 10:34 p.m. September 14,2021 Wylie City Council Minutes Page 16 10 09/28/2021 Item A. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 10:34 p.m. Sec. 551.072.DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES2. Consider the sale or acquisition of properties located at FM 544/Cooper, Jackson/Oak, State Hwy 78/Brown, State Hwy 78/Ballard, and Ballard/Brown. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate,stay,or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1). ES3. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects:2017-10a,2018-3a,2020-11b,2021- 4a, 2021-4b,2021-4c,2021-6a,2021-8a, 2021-9a, and 2021-9b. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session at 11:51 p.m. Council Action A motion was made by Mayor pro tern Forrester, seconded by Mayor Porter, authorizing the Wylie EDC to enter into a Performance Agreement with Project 2017-10a in an amount not to exceed$2,300,000.A vote was taken and the motion passed 6-0 with Councilman Williams absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Storm read the caption to Ordinance No. 2021-45 into the official record. ADJOURNMENT A motion was made by Councilman. Strang, seconded by Mayor Porter, to adjourn the meeting at 11:52 p.m. A ' vote was taken and motion passed 6-0 with Councilman Williams absent. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary September 14,2021 Wylie City Council Minutes Page 17 11 09/28/2021 Item B. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider,and act upon,a Final Plat,being a Replat for Seventy8 &Westgate Addition,establishing three commercial lots on 12.127 acres, generally located at 960 South Westgate Way. Recommendation Motion to approve Item as presented. Discussion OWNER: Seventy8 &Westgate,L.P APPLICANT: Survey Consultants,Inc The applicant is proposing to subdivide Lot 1 into Lot 1R, 3 and 4, Block A of Seventy8 &Westgate Addition. The property is located at 960 South Westgate Way. The property is zoned within the Seventy8 &Westgate Planned Development 2003- 18 and allows for multi-family and commercial development. The purpose of the plat is to separate the two restaurant pad sites from the apartment complex for marketing purposes. Additionally,the plat adjusts the location of a few utility easements and abandons a few others. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval. City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 12 09/28/2021 Item B. —-1--(4.-<., ...„.....,,,„,,, „a \ \ \ SCALE:1,61Y ".\ A w o., N� or, LEGEND w.r tt �\ \ - ^'° \ g Y —r —--i _ WESTGA TE A 1 - :P O B: \ �\ / 1f\\ i lOT3 BIOCKA i(o„ + \ '\//. N \ 'e ,'°,. lo.> \ = 'I.0T4 BLOCKA 4 ,7 _ (er r's su'' uRc s. cr1 "}' s !, /,/ '4Q " -- ---�� - ° A y� „02 m 00; 7"s ! Tr - )-• t I` I s AIj 20 1 ys mC tt: r" r °.,!� .�r i \ - tip ,, \ \ ‘ is' -` I r i e r c, ,n' LOT IN,BLOCK A 1 ..�;I 9.AOG. ,A, ` t ,aa-,ACRES a�P > 8T \ �'ytiF,°d; \ /\ 5au� s ` om9Z' \ ' /ua Tom. -' t 1 � V �o9i 4 LINE TYPES - °°�.w°,a� � P b NEa .- u s \ \w II L� r n I I - ) t �,� 1 i I �a � r 5 �� I No.moo.4701ao ��TMs°,A,1 t aua�uzu. �u sP<5 ar "� �I\ �, l aoaMT) �� j E n 1 In u,aa 11 �t---i 1 L.L tc e c v.ue cc rL I_i i ( ‘`„ _ h rwK if \\\ o,n, v ,es va+c GENERAL NOTES Oe((mof'sg ZO:i1 o Pentl P FINAL PLAT SEVENTY'S&WESTGATE ADDITION s'a ro FLOOD STATEMENT BEING A REPEAT OF s - W - - - N- SEVENTY8&WESTGATE ADDITION o�:70n.no ` 12.127 ACRES OUT OF THE , - 1p DUKE STRICKLAND SURVEY,ABSTRACT NO.841 AND THE ''''"''''"a smu•�aw, n„ eyO, v aeo��a °,- msnwe n�m�me„o�am ELLIOTT C.DAVIDSON SURVEY,ABSTRACT NO 267 o�„»wna CITY OF WYLIE,COLLIN COUNTY,TEXAS -v ,aa mow° ereea°„aw a ..°mmmv°wma zozo rase ss,.Mao av »,e,:we<„a,a-s,1 �Pse�rva seh„P ---_ \\ m s,nwaa ,,eoG:a mo may Laiaie ms ro aruomia a�mm, - f LOCATION MAP scn�s.,_oaon THIS Pt/Mtn/CO BY°UV/WENT NO DATIL. 1 09/28/2021 Item B. OWNER'S CERTIFICATION OWNER'S DEDICATION ntIgTg,1.1 NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTST T.SEVENI &WE$TOMF, P„Delaware limit.po,nnr.5111p,aEtng hcrein by,.through it,duly WHEREAS SEWEN,6 E.WESTGATE.L,P a Delaware limited pal Inership is Me own., tiac.1 of land authorized,fice,does hereby adopt 11,1s plat designating the herein above desciibed property as SEVENTY&8 situated in the City of Wylie,Coffin County,Te,as beii,all of LOT 1.,OCK A.SEVENIY8 R WESTGATE WESTGATE ANATION 2,an addition,o the City Tuxa,and doe:,huroby nimple AMMON an a„ition to the City of County.Texas according to the Jepla,thereof re..rded the pubItc use forever.the streets righls,,way,a.olber pi.,improvements shown thereon The streets and Volume 2020,Page 691 Map Roux.,Collin Co.,.Texas and bQing a pod.of thal mlain 1.5 7.208 anY, lo,s,reet he ea,emen„ond phlic,se ore.,as,ho.1,are,edicaled. =ne'ttp'.'a's'Z'o=ney'4'12:..VN'o'70'12.3-'Itg[1:3°26r6raffil Z12%1% tor the public„e forever for the purposes 1„icated on this plat No buildings fences,tree,shrubs or other improvements.or growths ..nstruded or placed upon,over or across,M1e eas.DmeNs as shown except being more palcularly des..by motes and bowl...follows; ot Wylie In addition,lily easeinenls may also be used for the mutual use and accommodation of all public BEGINNING al a 51A in.im rod with n,..d phis.,an slampe.41'SCI" for the no,Illease wrner of Lot 2.Block „„„„„„,„„„„ „„„ „,„„„„ „„„„.„,„„„ „„„ A of saki Seventy.',Va.:Addl.,same lying ln Urn."' I. West9..', Ma, thi.Po.): public being 5ubordinale to the public's and City of Wylie's un thereof,rhe City of Wyk o. tmdtles shaq have the right to i emove and kee,emoved all parls of arty buildings,fer,ces.trees,Fhlubs THENCE.partIng said fight-of-way line and along the,omin.line of said Lot 2 a„the herein described as follows: of efkiency theii respedive system in said easements The City of Wylie„d public Wilily entities sha Nye thO fUll XXV ingre„ 31,1 ogre.tn Or!Yon,tholr rernive fo,M10 of NoM dectrees 26 minutes 00 se„nds West,a distance ot 87,6,1 tee,to a inch iron rod with red Plastic cap stamped"SCI"set: oonstrunng reconsirnOng,inspeOng,pardling manimninp,reading meters,and adding to or removing all or P.,of their,e.spec.fe.,sterns without Ole necessity:at any time procuiing perrni.vslo,inm onynne South OA degrees 34 minutes se.nds.West a...an.of 132 51 la,to a inch iron re,Qith rod plastic cap stamped"SCI"set rhis plat approved subject all pla,ing ordinances,rules regulations a„resolutions ot the City of Wylie,Collin S„th degrees 37 minutes 55 sem,.West,a dislance of.,76 02 feet le a Inch rad with red plastic cap stamped"SCI" come,of said Lot 2 in Ihe west line of said Sev„ty8 WrINESS,by my this.; clay of 2021 Westgate from which.southwes1 corner of sald Lot 2 and„id additloa bears S.th 00 degrees 03 minutes 22 seconds VVE,st,dist:v.?of 435.05 feet E TG TE.L.P„a Delaware limi,dpitnership THENCE along sald west line,Nortb 00 degrees 0,mInutes 22 seconds East a dIstance of 956 01 feet a 5,ti. 4VS'ATCrNPA7FMS=Ft-Milt% Ihe replat thereof recorded by Cabinet 1,4,Page 63,Map Re...Collin County,Tex,same being located 1,„ for the northwest corner of„id Lot and the...west comer of„id Seven,.R Westgate Addition, ,AUTFIGRIZED SIGNATURE, THENCE along the common lino ol„id Pl.OF I OT and said Sovorkty0&Westgate Addition South 69 degrees 56 mint.36 seconds East,a distance of 519,10 feel to a.5/6.iron rod found wit red plastic cap stamped Proboc1,197-found for t„southeast comcr of„id Lot 2A same being located and the no!the. STATE OF TEXAS g COUNTY OF g corner of said Lot 1 and said Seven,.8,,,stgato Addition lying in the west right-of-way o:said Westgate Way(a 65 foot public rig/1.1,a,,at this point,: aTer: 7n'at'"""" -OfTZTT:gtF.TrAt THENCE along tOd tvegt rigttutoov line as L a....J'ELej,..-Zi;"ii;;iiW 5 .Vership.MOW;to'nle the person whose.name is subscribed le the fOr,going Instrumont and acknowlodger,to me that ne(she)exec..tho saran for tho purpose Lind considBrallons tt.ereln SOuth tlOgn,e, minute, sk=oonds. of 7 05 IL,e(1,, 1/2"iron,.found for tho „ginning of rtg.h, expressed. elven under my hand:.seal of Mike.thi,the day of 2021 South OA degrw, minute, ,flcond,,,,, diMance of 493 90 a 1'2 Iron rod found for ond S1.4„of rex:. LINE TAB(E 1 INE TABLE CURVE TAME Along said cun,,to the ferl,through a cenlral angle of 10 degrees 5.5 minule5 5,second,a raki,, 262 VD feel,on arc.1,111 of 50,14 le,having a chordbeiming of South II0 degree,5'3 minutes neconc,Ennt.and a chaid digtance of 50 07 feet to 1118.POINT OF BEGINNING,containing 52,24.3 square.,feet or of lond or SURVEYOR'S CERTIFICATE . KNOW ALL MEN RV THESE PRESENTS, gRECOMMENDED FOR APPROVAL" o seu tt ute 1 tot -to outv IFT,,ugg eggs ste" Tfmt I DOUGLAS 5 LOOlv115,.horDby oWify that I pcpai,d this plod korn aoual and acr,ialo,ura,of ,141,1vision n,,ordance.volth 0.1(linant,of[In,City of Vu'Afe.Collin Com, 27,r, 1,H.„?.1.?:,,n, 12,5 IT:3, GlIaIrrnan.P,InnIng Cornmi,.on Dor, v 2124 RELEASED E1/18120.21 FOR REVIEW PURPOSES ONLY THIS DOCUMENT SR,NOT BE RECORDED FOR ANY PURPOSE City of Wyri, Covnty, 10,3, I .2,, Douglas oami, Registered Profess...I Land Survey No 5104 "APPROVED FOR CONSTRUCTION" to_uou„ttu ttuo Not tCX r „a. „0,0 0, 0_, ,00 00„,„„00, a, Cool,„ „ „ Before,me,tilt unJernignucl oothoty Nom in and for the State of Tex,,,on thin Joy pe,r,onally appowetl DOUGLAS LOOMIS.Rogi,tored Profonsional Land Surveyor,known to me the person vAio,e sa, romp.5tabwibed to the foregoing in5trumont and acknowledge,to rne,that lin,,xecuted,ho name for the L sx„22 „,.2 -rT,;7,..;-211-10,e.„ NW.,and co...on,therein exPre,,,d, ,14 st,J L:12 Given under my hand and,eal of otlico this IN da,,of 2021 Iftyor COO(WO,GiLlin Count,' [WO i4.'2;01C,76i, wa for Ihe State otro "---' rh.e.undersipnee the City Secretary of the Ciry M.fie 1 axes hereby oertilles that the foregoing final plat of SEVENTY3 A.WESTGATE ADDITION...1 the City of Co,.County,x-an,was submitted le nfiy Expir,On:2,10/20,5 „,„00„0,„ acrepted the dedication al sl,eels,alley,parks easements,public places,and water and sevde,lines as shown fOrth nnd 4011,..aJd 011W,,aitl 00,nd,furtl,r aUthori,ed AI,Iyar nOle.lhe,c,tarw:e ther.Of by signing hisffier name as herein above subscribed, 2021 Sem, City of Wylie Collin County Texas FINAL PLAT SEVENTY'S&WESTGATE ADDITION BEING A REPLAT OF SEVENTY8&WESTGATE ADDITION 12.127 ACRES OUT OF THE DUKE STRICT AND SURVEY,ABSTRACT NO.841 AND THE ELLIOTT C.DAVIDSON SURVEY,ABSTRACT NO.267 CITY OF WYLIE,COLLIN COUNTY,TEXAS OWNER: DEVELOFER: ENGINEER: semneklifre, LINC0i. 661"§bitING IFROJEC22 INFORMATION OFF F22.F.22 22.2 FF222 222...22 Carrollton,TX 75010 Carrollton.TX 75010 P 0 BoT 1178 (g.vo g,govggg II ggugo ' Suva Rovsex Steve Rum,- ROC-JoFtto , 21,5066 SHEET OF 2 EOMO39 Eaffgebrdb,ROT. (BM ti Finn No.101,00 THIS-PLAT FILED BY DOCIAUENT NO 14 09/28/2021 Item C. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider,and act upon,a Final Plat for Wylie Lake Townhomes Addition, establishing 21 residential lots and three HOA lots on 4.839 acres, generally located northwest of the intersection of Spencer Lane and Colby Lane. Recommendation Motion to approve Item as presented. Discussion OWNER: Tass Investments LLC APPLICANT: JP Engineering The applicant has submitted a final plat for Wylie Lake Townhomes, creating 21 residential lots and three HOA lots on 4.839 acres. The subject property is zoned within Planned Development 2003-1.8 and townhomes are an allowed use by right. The preliminary plat for this development was approved in March 2020. A minor modification to the depth of the lots was made in comparison to the preliminary plat due to grading and sewer connectivity requiring the ROW of Debby Court to be shifted slightly to the west. The lots remain in conformance with the required lot depth and width. All of the open space lots are to be owned and maintained by this subdivision's HOA. This plat dedicates 120' of ROW for the future extension of Park Boulevard and provides a 40' wide landscaped buffer adjacent to the future thoroughfare along with a buffer along existing Spencer Lane. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval. City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 15 (j I 0 co E II a 2o a V R6a11 1 C s p8=°.° e xgxd a 4 1 i ao`�� r1 CA g g L31x N ggvggNEERR22622 1 G=a,1 1 x as ��,e Ie ie e 1�e�Gi= W ® U c"qq C\II NgRN a s aw x I p x ¢ w N z ��" sn Fa yw a a8 ! € egg goy= ggn 8de 'a Z 44 '; 0.1 p aaesx= awax a a€'^" gig jaxaa g®® O®o w a4 oa gog3 14 I Hi! o��s D J Ells ax,�hx g a 0asa 1 Wax _ a I Ia5Wx J Q loR 131o�4x� m � ? sus;@ € ( ;I< I g s"x = 1 I g "eE8 a o C „ aLLgg < _ s Sawa _ o x € x"= zl71 of o x � o<<w gTAg Me g €x ; 0 x `� a AVO 4 Q Q O cy a J; _� "� a _ �w ) woo=2= J SO _ 78 3 ;g oggN4 1 aid I sea s E g ega€ 00,40 a je e 4 I 0 11I z LU U _c RhI0P1 4- 0„g of ; .00§ 1 e iol. N n ik 9 i'NEl g. g ( a::;: e agx g J N i 2. � Q = a` @o _ n s & s � kph! a W � of;Fo!x= 0 < € =<w L ‘N 1 xo €a4 1N : g = 0F o,°a ° i l b CI d hli b e i€ iil ai a d efi gai1R P g€ . II N g as aa0x € 0 f. 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NI No! 8 \\ \ a "" s ar '4 . Wa :A aNENARN sus 62,2466 / / sgx, / 8888 ,Way r , Ir °? , fig, 1 I \�\y 0 <� xo 08I. o ( H �/ a6 'iKa w aae b s s 1 m a WP. U E �v/.-- a_g gGg »�o �$h1 v € •AmG Jz mot u _�U€(�a "Ia .£Y't i£ 3.6.MOO s zw�i Y/ / Ski `a6 � x Qm O sw= • 200 300o aow 3000 3000 3000 as / p' �: �Y o 3 m t_ - s - �` ra 8r° _ 'i ,:° ^-s -tr48 yam y°//i ,y o1 1°na ,.m ' •% �s, l $I /�g /vor s��-0x " 0 'y�/ � P �'g g - nn g F4.7 E„,o ; 0.00 t •/ °ia 4q _ e ""' 2a" / // 4�/ j f'i?$mv{ y� � „��§ E+w RRg! 5^ c / gi.)\\I 3 '3'.'676 / 3 AY 41:" / !!!! g 7 w°'off s89� / / g�"ass 8" S2am33 22 ' ka wgaos z,�Pc ef.Le'L/t sc3.6Y,1SA0/Ns ,�o'Gy .to ot s cV,o s.8L 80%£ 3.94.0£Aa wWp �� gi`ax ax § 3 od _ t s3'ao X / / 2- "< °=_E°w ¢yd -- a° � � / no zwWBao�a`�E g J /8. w €�€oi"w'e Gs- gv € 4 IwY°RE2 m.x g g ei 1 Ng aagog0n24 4, .g"� .° t€Gao -.ca-s x ga ��3m°wG= 09/28/2021 Item D. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider,and act upon,a Preliminary Plat for Kreymer at the Park,being 48 residential lots and two open space lots on 16.48 acres. Property located at 2605 E Stone Rd. Recommendation Motion to approve Item as presented. Discussion OWNER: Granite Industries APPLICANT: Engineering Concepts & Design The applicant has submitted a Preliminary Plat for Kreymer at the Park. The plat consists of 48 residential lots and two open space lots on 16.48 acres zoned within the SF 10/24 district. The property was zoned SF 10/24 in 2019 and the single-family residential use is allowed by right. A preliminary plat for this site was previously approved in March 2021; however, modifications to the street access and lot layouts were made requiring a resubmittal. The plat dedicates the necessary rights-of-way and utility easements,including a pedestrian easement for a trail connection to the southwest. All open space lots are to be dedicated to and maintained by the H.O.A. Lastly, a note has been added to the plat requiring all homes to provide NFPA 13D fire sprinkler systems to meet fire standards. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval. City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 17 09/28/2021 Item D. Ana r,°_�,°, P°�. n, ,°8 a.a a Ia o o, °„ °' Z.a, ° oo,d o,ao, y.1.,,„ on. " FRANCISCO DE LA POOR SURVEY - 3 Ly(FEun)Flood Ow, "% r �. A 688 1 N a L ° D ,. ' � ro� o � S pEo � � - - / o causes This flood Statement s °°r�mo� po heights.k..,,,,ow Jowl don age On rare oocooions greater floods con and will occur ond Ow:, A All found a ss w Og 1 4, sa S Y5, , I o� ✓ 01112'•N,, E OI• u \� ,I,g18.9 , w E\cr Nnc s°° J _ , , 1, SOURCE BEOlf4MARK COy of Wylie Monument No 1 located at the Nortl-old,of SW,011otonoy L. P( I Da NI 202.3 shoO he regowed to We °PPa,,, �a.°a 33" 5 iI I I 1 ' 1 e a� R � µ o as 70 c, ' o0 1 S I 24, Q co O 3 9 a " (_ P u �1 �i - �Y Asa w1 �i L I 0 11 ' a J araa D I , � vs F:o \ --,a, z e�,= -- - �P ,.tea- ,��7 0 e, v permits J esa. / f — ` _ S N 333 L `T. 4 smn ezon. su,e _. —._ __...__ _�.....— —_..—_. �' o., ro33 000 wco' wco Cf1. 14 ("a.)aa CA a J -o °° o $ P m Z A oo A o so. 0 0.o ro nu a s 9°o 1 _ i ^o c 1�t ( f °�°O N 88.42'03" N 1339.31' t o T al o os I '1 r' .. ,�� < 'r�` 'I 1 1 s ° ' _ L. - �APayT OF eo s� so�zo �.. o � s ( - - - o o 3 tIECTINNINC - SCALE N TEST (' 1. I � �1 ' u . I i I I o I .ri " --- "'o rune �. ., a�.,. i I ° © I I I I I 12o LINE TABLE , D,,,,,,,,,, °„.e, n5 a � STREET LEGEND µ... _. Y S' z tPREL.,,. L4fLIMINLIVP ARY AT CI, CAPPED IRON ROD,,iiND g 3( .- 48 RESIDENTIAL LOTS ,( --r;+Fp --Lr/T} I Al N , 2 COMMON AREA LOT 4T 111E PARK o BEING �, c. -_[rv* GRANITE INOUSTRLBS,LLC 16,48 ACRES / w 6 3.D STREET9,1sR o FRANCISCO ISCO DE' SITUATED IN THE AIiS N FJ0 „ i0 ANC LA PINA SURVEY CO TEXAS 6 � ..-�eCµ - - CITY OF RINLWYLI COl COUNTY tOxlo CORNER CLIP '°" - VISIBILITYa5'I4Stt EASEMENT DETAIL 7,o cn2 s r I nr�� CURVE TABLE a re a ,m rv, ,o D OYE R ENGINEERING CONCEPTS&DESIGN L F ca rv1225 c Ns 53 c ou n I a O-NEAL SURVEYING COMPANY ENGINEERING PROIF T MIS 6MFAT/ RSTR(CTIOA SERVICES /SS u.s. c ,vo' 20 DCO .CE E o TEARS E SUITE ea Lle m Pol InNDCO CIRCLE VICINITY MAP ` n TaPI>sa or o ooNymo men,1..T E eaI e400 ;Al OM ear eaol T.-N IMIT snolzaz, - SHIFT I OF 2 18 09/28/2021 Item D. OWNER'S CERTIFICATE AND DEDICATION STATE OF TEXAS § SURVEYOR'S CERTIFICATE COUNTY or COLLIN g KNOW ALL MEN BY THESE PRESENTS. WHEREAS,GRANI1E INDUSTRIES,LLCBE G THE O W R OF A TRACT OF LAND SITUATED' 'E FRANCISCO DE LA P ABSTRACT - F E E E THAT SAME TRACTAN That Dowel hereby certify thwt wepared t.plot from an actual and accurate survey of the kind and Chase ONac t t i were pop:1 pcetl a tleY De So c susCONVEYED ON E EL O NB-' E, B DEED RECORDED VOLUME 6 GE C -DEED RECORDS OF COLLIN CO TY, SWIedivision Ordinance o!the CRY of Wylie TEXAS D BEING MORE PARTICULARLY DESC.ED BY METES D o«o r tle cc xt h the U 110 '. E of r�l BEGINNING AT,A 3/8 INCH IRON ROD0 R POR CORNER IN THE APPROXIMA CEMTERIINE 0, STONE PO., C POINT "ka BEING E C E S C " ADDITION THE 0 E,CO CO Preliminary, be recorded for ywarps,. h.p*h�,s EREOF SOUTH yam,2017,PAGE 760,EAST S (OPROCT)OF T.OFFICAL PLAT RECORDS OF COLLIN COUN.TEXAS, SAME D IEL 0 E L uusc a rvu.. THE REGISTEREDPROFESSIONAL D SURVEYOR 65>0 a BEIF E,NOR,88 DEGREES 38 MiNUTES IS SECONDS WEST, F E APPROXIMAlE CEN ERI 1NE OP SAID E STONE STATE OF 1_XAS N0.6510 df•. ROAD AND ALONG THE NORTH LINE OF SAID GRAD,.PAPW,A DISTANCE 01.33g 04 WEET TO A POINT FOR CORNER,SAID .S pVy t BEING THECORNER Cr? CT OF LAND CONVEYED'0 T BY O P n SCR RECORDS PAGE 2432 OF THE DEED E H THE NORTHWEST CORNER OF HEREIN 59J3, yy M1 CE,NORTH 01 DEGREES 18 MINUTES 23 SECONDS EASE, _ vE OF SAID ROCH TRACT, ANCE 53431 TO A 1/2 INCH IRON ROAD ramp FOR CORNER,SAID POINT BEM SOUTHWEST O A TRACT OF L CONVEYED TO FARMERS ELeamC COOPERATIVE,INC.BY DEED RECORDED 1 C, THE DEED RECORDS OF COUNTY LIN§ COD1N COUNTY,TEXAS,SA.BEI.THE NORTHWEST CORNER OF HEREIN DESCRiBED ME.the undersigned authority,a Notary Pub,in and for said County and State,on this dote gersonay THENCE,n DEGREES OS MINUTES a LASE OF RS ELECTRIC BEFORE EAST, LONG Tf t BEFO Dowel Chase O'Neal,known to me to be person whose name,subscribed to the foregoing instrument and acknowledged COOPERAIIVE,-PUG 1—ACT,A DISTANCE OF 41a 3 P£T TO A 1/2 IN.IRON ROD FOUND FOR CORNER.SAID,TNT BEING AN ,o me that,e executed the same for the P P.s and consideration therein expressed end n.the capacity therem stated. __.CORNER r HEREIN DESCRIBED__INTERIOR - T .ENCE.NORTH s DEGREES ES 09 SECONDS EAST C A O SAID FA ELECTRIC GIVEN M ND AND SEAL OF OFFICE 1NIS DAY NF 20, COOPERATIVE, DISTANCE 235.FEET 0 /2 N ROD FOUND ror CORNER SAID POUT BONG AN 1ERIOR EH CORNER 0 ARMERS rLrCTEEC COOPERATIVE, T,CONTINUING ALONG THE — — ELECTRIC --- — STATE OF TExas TOE s - LEC R c .... CO. 1BEING DISTANCE OF TEXAS FEETE A F SAID FOR OWNER URIC APPROXIMATE..CENTER,AM C Or SAID MY GOt ,SUN LXP TEa E STONE T CO SAID POINT BEING THE EDUi'HEASi'CORNER OF 54LD FARMER,E'LELiRiC COOPERATIVE.INC.SAME BEING 1HE NORTHEAST CORNER Or HEREIN DESCRIBED TRA. WfENCE SOUTH 01 DECREES 15 MINUTES 03 SECONDS WEST,ALONG-DIE APPROXIMATE CENTERLINE OF SAID E STONE A OCE OF R EE1 TO THE. ROE fl.NN N2 G AND CONTAINING t,935 SOL, FEET qR o.48 E.OF LAO 4 E, DNOW,THEREFORE.KNOW AIL MEN BY THESE PRESENTS, THAT,GRANITE INDUSTRIES LLC acting her.Ry d KREYMER -t duiauthorized designating _ oreve,tt"h AT THE PARK, Texas. hereby e,Ei fee simple,to the public use thereon The t eels and Y if any,are dedWaled fdr dtreed purpodes The ddEetwentx and public use area,os show, are dedicated,for life oub,use forever,tor the Ether 'RECOMMENDED FOR APPROVAL' improvements or growths shall be co.dacted or placed upon,over rE across the easements as showy etwept that landscape improvements may plagEd in landscape edsenEents,it approved by the City Cfwinctl of the City,Wylie In addition,dfility easements may also be uded for the mut.use ond occommodgtion,all public utilities using desiring Dote same uphess!We mntlis the use cu or u,Res a d us. y pud ut t.s b g cite to the a n Zoning Commission p r N use thereof da: 1.City Wylie and public utility entit.WIWI have the ,emove 0.keep remOYed 011 Of Per.,EDY .gs APPROVED FOR CONSTRUCTIONE fences,trees,shrubs other improvements og growths moy in any way endanger oi interfere with y construction, rnclinlenence. efficiency r rtr.systems easement, City n!Wylie and o.b'c _nt''es o dE gre reconsDucting,inspecting,paDolling,maiwtaigieg,reccliwg mete.and adding to or rg Rho t t y p eug permission rom anyone removing, parts of_ p hvs systemswithout Moyer,CI'y of Wylie T lots Dare r..net approved swbfeet to Oatting Ortlinanc,s, cnd 1,01.10,nT the Cty of W,418,Redo, ACCEPTED" WITNESS,my Donn,this the r,Iay of 2021_ FOR.GRANITE/NOUSRIS.L (Owner) MoYor,.1of WYE,I_dm Dote By Michael G_Todd,Director SectionEAPPROVED AND ACCEPTED'. 2H TB of the - t WyIIe STATE OF AS § Sabaiviwon Reg,.wnpsP(Ordinance No.200 ) COUNTY Or Michael BEFORE C l C F Y PR t. red oing plot of KREYMER S, City as submitted me c executed e some or t p p and cD ton.Doren p sad and e capacity therein.statedegwng instrument and acknowledged to the City f t e ' Pboy o addition o 202 a<the City of Wylie f Council,by for,.aelion,then and there accepted the deWeaf.1 et streets, pdrks,easement, GIVEN MY HAND AND SEAL OF OFFICE THS DAR OF 2021 public places,and wato and S0,00.1 lines as shown and set forth in end upon sad plot .d said Council luithw authorwed the Moyoi to note the acceptance thereof by signing nos name am Dereinannte NOIARY PUBLIC FOR DID SiAIE OF TEXAS eunsu�Dwd. My COMMISSION EXPIRES. Witness d 11. day of A D. 2021. MY 2DMMISSIDN EXPIRES. CDy City S Df clVg t..xn.. PRELIMINARY PLAT KREYMER 48 RESIDENTIAL LOTS A PARK 2 COMMON AREA T THE r LOT H 1 OWNER BEING GRANITE INDUSTRIES,LLC 16.48 ACRES 161 W 3R0 STREET{1110 SITUATED IN THE NORICE:SeNIn9 a portm.:or this PROSPER,( 6z 3s31FB FRANCISCO DE LA PINA SURVEY, ABST. NO. 688 - a CITY OF WYLIE, COLLIN COUNTY, TEXAS letwn of Clwordndancen�en uI0 SURVEYOR State I a,and is.ject to ENGINEERING CONCEPTS&DESIGN,LP. wid withholding or u E,.odd fines O'NEAL SURVEYING COMPANY ENGINEERING/PROTECT MANAGEMENT/CONSTRUCTION SERVICES twEliDng permits 205 WINDCO CIRCLE,SUITE 100 TEXAS SISM SSG NO TBP1S Firm No 10194132 WYLIE,TX 9 20 e 06 NO-1912E (972)e SNITS at-8400 FAX(ev2leat-8401 dani eol®oneolsurvetnag-cow, el-o(903)804-2691 DAYS 8/18/2021SHEET 2 OF 2 19 09/28/2021 Item E. Wylie City Council CITY OF AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins,AICP Subject Consider, and act upon, a Final Plat,being a Replat for Woodlake Village, establishing five commercial lots on 15.58 acres, generally located on the northeast corner of State Highway 78 and Eubanks Lane. Recommendation Motion to approve Item as presented. Discussion OWNER: Trinity River Development,LLC APPLICANT: Eagle Surveying The applicant is proposing to subdivide Lot 1, Block A of Woodlake Village into five lots. The property is located on the northeast corner of State Highway 78 and Eubanks Lane. The property is zoned within the Fuel City Travel Center Planned Development and Commercial Corridor zoning district. The purpose of the plat is to create five commercial pad sites.Lot 1 is to contain a Fuel City Travel Center.Lot 2 is to contain an automatic car wash. Both lots were included in a Planned Development approved in August 2021. Lots 3-5 are to be developed in the future and is currently zoned Commercial Corridor(CC). A site plan for Lots 1 and 2 are on this agenda for consideration. The plat provides two access points from Centennial Drive,one access point from Eubanks Lane, and two access points from State Highway 78. The plat also contains fire lane easements for Lots 1 and 2 that comply with fire code length and width standards, along with anticipated utility easements. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. For conditional approval or disapproval City Council must provide a written statement of the reasons to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Gov't Code. P&Z Commission Discussion The Commission voted 7-0 to recommend approval. Financial Summary/Strategic Goals Planning Management 20 09/28/2021 Item E. V1C[N8IY MAP (uor To scau',) N �:_� / wno�,ALOT 1 : ;IAGE CAB 3,ns j-fJar��s n.a _r_ / -E 2"11 p6 N bZ zb• eleur7U,%a SITE t5 wir rse 1rete 3 ms c s -) 02 1� 2-27 near a,at /.., .57'Lam' 0* / i t..- n.5 LOT 5 / iss e9 ACRES o FEET 91 un, -n.r i r. „' ]] S 27 Y ii�`/ 1 1 wmnt-a.m ... GENERAL NOTES ........ 9 ' . `F. 31 ipII rsa.00 m sea csa,Lasso, a,sov e deck.easements y r %/." 0.005220 \\ \`a FRANCI P6 DRAOAf O 08fl n N Insurancein az,e Map 2°e .3 11 o.;w � 1 7)m e �� ., >,i ev rsvrn -* I�— T.''''''I.LOT eoi ( U,o, 35 ( var rc W.r..�-. VILLAGE 3es 1 m G PG <tsi�9 1� LOT 1 1i l n4ccr_ s. Ordinances fines ding of utOesa. 66 ACRES +-fl4LR 4' 9'rraas°E saws bolding ants. I 713SOI.,E:T aI 5)The hearings shown on this plat arc based on GPS observations W.,the 4117.erra , '1 "T-,Z,Tr,7 , w O All m 'EAGLE 22).2025. ¢ i ,� e.,nr..., LOT 3 ,s au p SURVEYING" I ' c «kQaS4,1ZACRES 2 ACREES - 11.1 LEGEND 0a BEGINNING r ._ 7777° �ar FOUND f IRFo } s co..r,00uarr s22,22 DOC 0 aP.a.cc off:, dos. POB � mC _ "'— ....__ _ �..�.«,.�. _..... _> >.,. gym= v*.snnn L2 L1 / 'F 7 To ` J I N 89 9348 W 701 29 as re ar N 89°0647'W 31I.48' ov rs N�IT ..J ,o,. a�,oar�r. r*rrs,w 9 88°37'56 W 54.20' ry Ou,r, REPLAT WOODLAKE VILLAGE ,n d-. --- -. ---- ---. - LOTS 1-5,BLOCK A PAGE 2OF2 2105.08E-02 LAGLI'SURVEYING,1 LC ,ER OWNER Date 210 S EI Street Suite:104 s a 0ea "A BEING 16.68 ACRES 0820202t Denton TX 76201 n' a :,s in _,a.a LOT 1,BLOCK A,WOODLAKE VILLAGE (940)222-3009 n TX 76201 t aDennal eezeoan Irving TX 7.513.62 (97,znx.,.as r ss CABINET G,PAGE 385,P,R.C.CT. ,mno, t >;N TX Flan#10194177 5201 FRANCISCO DE LA PENA SURVEY,ABSTRACT No,688, TOR '`et, t 9 CITY OF WYLIE,COLLIN COUNTY,TEXAS 2.1_._.. 09/28/2021 Item E. c RAJ./ e OWNER'S CERTIFICATE&DEDICATION SURVEYOR'S CERTIFICATE c <r a., rr ,7 Ne cc n 3., N. o w ., § ., oon. �.. c�T a ado ouuw COUNTY OF coon § ns , KNOW ALL MEN BY THESE PRESENT, c s 3n ss, a FOUNDATION OF TEXAS ,- That.MnrrxEw n W .....0 .,.br' sas (12.5.9.0.1s ,e3r v zss 0,9 ....27s9 ,so esoa nassn 2....-Inzs' owner of a 15,8of the of Lot 1 Block A.Wood...Village a subdi,s,on of record in Calm.G,Page 385 ollhe Man ReGotels Collin County.Texas.a.being more park.ularly described by metes and aC.1,11,,,,,ratv,,,,,of the I.,nd,,nd that the comer mon,mont,,M1own thereon as sot were proporly placed under my c b e } o accordance BEGINNING p,t a 1,inch iron rod mth yellow cgq,stainped'11,41 FT four,d at the Norih end of a cutback lina ot the in,rsecOon of.Ea.nghf•of,...,lme of Eisbanks I aile(a tE f T sa s a tengM1a co 1 oft Block A,W c.,. conveyed of e PRELIMINARY • o: 5o5 " �5 2'. „, ,5 tsz „,, 33:sYr s„. sate of Te.ase>deed -sg Faye 5¢e9 of the Records of Cain ty.Texas.also o g bows nao .o om ekav aye.for ,0 „„ I„5 0,0,1n.0,05, 3,sa ,g0 30.0 03,7 0 <,5520II ,5, g 'pasbcap� EAaLEsua selaahent noneEas,a .ay eof�da and.South .,�,meoo ennaOwe(a the of E.anks hewRaabe,P35rv3e� Data S >, 3ri� e vLhA nor ,:rwaya,eongwaycommon STATE Of TEXAS § COUNTY OF �eD y race n 5ep «g> .,1O0g kegs r aD3ra�ra2> 0813"Saes ao 3..1to, o,rodwt, pa nee GLESURVE a.at e toe ofang. .kthe nght • „„ „e 0 ,-,S ,„,„„, „ 2,Along said tangent curve to the kg,l,having a rad,us.of 1970,00 leek.a chord bearing of N71,7,18'.E.,a chord length of 29,,feet a delta angle of 08,9,1".an are length the person whose name is sub....le.the foregoing instument at,3,1,75,7'20"E a distance of 2.22,16 feet to a.12,nch kon rod found.the Northwest comer of said Lot.1 91.1,D WoodIake Wage Add.,a subd4vismn of record in Volume 420 Page.MA of said rucords.being th,3 NoFtheaslcomer of,.t ot I Bloc,..,.Wo.lake Village and hureof: 2021 THENCE,S00,313",,olc.,11,00,51 Imo of,aid Lot 1 Block D Woodlake Vill,Ad.,.being Cno wrnmon Lot 1, fistanco of varies) „es„ ee sad ock ooeako Nolan;Public in and,or the State of Texas THENCE,N89,35,7",/along II,North Figh,of-way line of State Kghway No.78 being the common South line of sa,Lot 1,Block A Media.Village.a dist...311.18 feet Mr ra.g/17 ME 7-4,B, 1 „44,TA,„ Mr TABIE t.,,a 318.inc,iron rod found at Ific NorthcaM corner of 5a.itl 5,724,quaro tnot tract of land con,,,,,to thc,Stato of TQxas, Fce, g 3,a,,, ONE em, Ie-„N RN, d„ ,41 1 .?3,4,4NG Ie3cNCF. coon _along the Nor.rgh1-of-...vay Imo,Slate Highway No 70n g Ihe Norlh Ine of sax,5.T2,square foottract,the a ,five(5)courses d.lances , z F,w a 3v ,rw , „, se ,o. t ,�+ee z _ 1. Sa csm,a distance of eazo feat to h iron god with green Oast.cap sta 'EAGLE SURVEYING'set: ,,: distance Transportation monument found. 3, 00,e15 r» A, < n s 1 as do3o<<.....�5, ,-. <,e 3„ 3.,, ,,, o.e<, -,,' [a....,,05 e tax,. «eu2,",as of23.90fea e NTOFBEetry BEGINNING,. ns58Acr 2 aqua,Fee()ofla more lass. 1 , now THEREFORE Know ALL MEN BY THESE PRESENTS: r arz3cow ,Fn c ,�o ire as 3n rsn inn kaa-� r War FOUNDATION OF TEXAS ota,nxoxoaouno ADvSORS AS TRUSTEE Or THEC.T s L,CERTIFICATE OF APPROVAL -..._ -.-.- .._.-. and throughrcs s,l any "SPAR.,AND MERREeecKxnm TRUST... ,,, ,„.,,,,,,, ,, ,„2., s.s,,,,a.,-,i ,p 0, ,,, ,,,,,,,,,,,,I ,,,„. addition„Collin County,Taxa,and..,hereby doclica„,ir,fee.slre„,,to the pa,lic kise f orevpr,ifie MrpeN,right,of-way,and,,,,,,,public improve..shown thereon The sire.and.alleys if any are dedicated foe street purposes T.easements and public use areas as shown,are dedicated for the publ,c use forever tor the purposes indicated on RECOMMENDED FOR APPROVAI ,- .. 5z - z ,n 4 t his plat No Suiltling5`once,tr-..n.s shrOs or other mprovemon.or grow...shall bo con.structod or Olaml upon,Ovc,or a,ros.,the ea.r,ernents a.5.5ho,ri...cep,hat landscape e'rY ue u5 wr s u, o F , 7 w) nt, p 5 p Tmac oGomnxsion Da„ use Inereol,The City of Wylie.and public utility entit,es shall have the iight to remove a.keep removed all or Dads of any buildings fences tie, _, e s s i - APPROVED FOR CONSTRUCTION v tc s� c n e v al any tne u o.001,_'''''''' p rip same p nose a nsand m� of or, aTa;ms oat'3E 3 , 3a se zE1 cn wre ,.s 3e` ,,,�1 033' . o v ^v _- WITNESS v ,a.tnatre v .lint �'tvo wv�e,o*as BY BAPTIST FOUNDATION OF TEXAS DiEVA HIGNOROUND ADVISORS,AS TRUSTEE OF THE C.T..SP ARK,'AND MERRIE BECKHAM TRUST flii ACCEPTED Printed Name KO,. STATE OF TEXAS § isioo Colin s COUNTY of § v 201,and the Ca.,by formal act.then and there accepted...cation, .`OR,ME the.ui,,,,,Ined authonfy a Nota,Public m and for the stat,,,,,a,oi,,his day personally appemed Owner known to me to streets,alley parks easement,pub,:places,and water and sewer Imes. GENERAL NOTES .thapergonw,oean soroortos q!,instrument ard acknowledged to me thaf he executed w.same fie purpose Fnembons therem expressed. shown and sat forth in and upon said plat and said Card f.M1.,authorized the acceptanceMayor to rote tho „ote,tm sior,ing his memo assin mado.r 14 Thep sat ist odic dt ro e existing lot of m and Evan under my nand and seal of office ins day o zort. cleft.easements Notary Public in for the state o 3ex.. win v na ilia 4)Tn - u Insurance Rate Map Oat.Juno 02 2009.as shown on Map Number 08085C0020, at ma grEdrro v WO,Texas n<Network.noon Americ arc ms Americo,Down of toes, , nt Reaeon 201e1) Se Ordinances and Stale LaW,and is subject.fines andlor withholding of u1,111Fes and Wilding pnrnts. 5.)Th na a rK Network Nona American Datum of 1...Adj stment Reataaoon,20t, e.)All k,ta+or property comes arc marked with a 112md,non,od,wn a green panic REPLAT WOODLAKE VILLAGE Project LOTS 1-5,BLOCK A PAGE 2OF2 2105.088-02 EAGLE SLR\LYING,LTC C Date m .'n 210 S.Elm Street Suite:104 cuue s 4ap "A BEING 16.68 ACRES oarzorz021 CLE Denton TX 76201 n' D ,e -.a,o LOT 1,BLOCK A,WOODLAKE VILLAGE Drafter ��" (940)222-3009 ')sata)ee23oaa ) ,z,,..as CABINET G,PAGE 385,P,R.C.C,T. t m:,aoo `z TAR SURVEYING f `Y'4i'}G TXF7rrn#10194177 sd5201 FRANCISCO DE LA PENA SURVEY,ABSTRACT No,688, CITY OF WYLIE,COLLIN COUNTY,TEXAS 22 09/28/2021 Item F. Wylie City Council CITY OF AGENDA REPORT Department: Parks and Recreation Account Code: Prepared By: Robert Diaz Subject Consider, and act upon, approval of a Park Event Application for the Wylie P.O.L.I.C.E. Club to hold a softball tournament fundraiser event at Founders Park on November 6, 2021. Recommendation Motion to approve Item as presented. Discussion The proposed Wylie P.O.L.I.C.E. Club softball tournament fundraiser event will be held on Saturday, November 6, 2021 at Founders Park. The Wylie P.O.L.I.C.E. Club is sponsoring the event as a fundraiser for club activities. This event was first held a few years ago, but not in 2020 due to COVID-19 concerns. Parks and Recreation staff will coordinate with the group on event logistics and set up. The Parks and Recreation Board approved the event application for the P.O.L.I.C.E. Club fundraiser event at Founders Park at their September 13,2021 meeting. Financial Summary/Strategic Goals There is not a Financial Summary included in this report. Strategic Goals: Health, Safety and Well-Being; Community Focused Government; Culture. 23 09/28/2021 Item F. Al Parks&Recreation Department 949 Hensley Lane,Building 200 972-516-6340 Parks@wylietexas.gay 11 1 This application must be submitted a minimum of six weeks prior to your event date. Special events, meetings, and gatherings (other than typical parties or picnics) will require submission of a Park Event Application prior to reservation approval. Please call the Parks Administration at 972-516-6340 if you have any questions pertaining to the Park Event Application. Applicant Information Website Name of Organization* https://www.wylietexas,goy/commUnity2/youth_progra Wylie P.O.L.I.C.E.Club ms/police_club,php Are you a non profit?* Yes No Contact Information Primary Contact Name* Michael Stewart Event Information Event Name/Title* Wylie P,O,L,I,C,E,Club Community Softball Tournament Event Type* Fundraiser Purpose of event* Fundraiser Event Location* Founders Park 851 Hensley Lane Proposed Event Date* Alternative Event Date* 11/06/2021 11/13/2021 24 09/28/2021 Item F. Start Time* End Time* 07:00:00 AM 10:00:00 PM Include Setup Include Cleanup Anticipated number of Participating Vendors* Anticipated Event Attendance* 1 500 Event Target Audience* Wylie Community Event Details* This is the 4th annual Wylie POLICE. Club softball tournament that is hosted by the POLICE. Club. It is a 16-18 team single day tournament with teams being made of of various Wylie ISD school groups (students/staff) along with other teams made up of community members and organizations. Event Announcement and/or Flyers NOTE: If food is prepared on site or off-site and brought to the event location to be offered to the public,free or at cost,the vendor applicant must contact the Collin County Environmental Services Office in McKinney in order to inquire whether a Temporary/Short-Term Event Food Service/Health permit is required prior to the event. It is possible that a health inspector must examine food preparation and storage equipment to assure the health and safety of customers. Please contact the Environmental Services Specialist at 972-548-5528 or 972-548-5585. The Collin County website is www.collincountytx.gov. Sec. 78-105 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobacco, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility; provided, however, that this section shall not apply to any person, organization,firms or corporations,or the agents of any person,or organization,firm or corporation, or employee of any person who are recommended by the Parks and Recreation Board and approved by the City Council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the municipal parks or recreation or community center facilities of the city, Signature Date* 08/20/2021 25 09/28/2021 Item G. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and act upon,the City of Wylie Monthly Revenue and Expenditure Report for August 31,2021. Recommendation Motion to accept the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Financial Summary/Strategic Goals 26 09/28/2021 Item G. CITY OF WYLIE MONTHLY FINANCIAL REPORT August 31,2021 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 91.67% ACCOUNT DESCRIPTION 2020-2021 2020-2021 2020-2021 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 32,899,113 818,464 32,815,970 99.75% A FRANCHISE FEES 2,840,000 191,037 2,318,883 81.65% LICENSES AND PERMITS 916,852 146,803 1,134,876 123.78% B INTERGOVERNMENTAL REV. 7,610,714 282,452 7,150,346 93.95% C SERVICE FEES 3,872,224 401,372 3,544,628 91.54% D FINES AND FORFEITURES 331,450 29,326 254,466 76.77% E INTEREST INCOME 25,000 1,510 16,472 65.89% F MISCELLANEOUS INCOME 203,647 11,544 187,217 91.93% OTHER FINANCING SOURCES 2,434,008 0 2,524,891 103.73% G REVENUES 51,133,008 1,882,508 49,947,749 97.68% USE OF FUND BALANCE 0 0 0 0.00% USE OF CARRY-FORWARD FUNDS 1,015,111 NA NA NA H TOTAL REVENUES 52,148,119 1,882,508 49,947,749 95.78% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 95,507 3,016 50,444 52.82% CITY MANAGER 1,150,874 91,273 988,604 85.90% CITY SECRETARY 405,556 22,159 315,321 77.75% CITY ATTORNEY 170,000 16,939 90,367 53.16% FINANCE 1,243,141 131,189 1,112,089 89.46% FACILITIES 904,390 68,854 688,882 76.17% MUNICIPAL COURT 518,534 39,904 363,850 70.17% HUMAN RESOURCES 723,207 66,101 599,672 82.92% PURCHASING 207,019 15,700 164,356 79.39% INFORMATION TECHNOLOGY 2,071,905 78,177 1,549,286 74.78% EMERGENCY OPERATIONS 91,215 0 78,853 86.45% POLICE 11,248,324 774,930 9,580,721 85.17% FIRE 9,775,027 771,329 8,111,659 82.98% EMERGENCY COMMUNICATIONS 2,019,270 110,713 1,581,234 78.31% ANIMAL CONTROL 580,540 34,638 392,579 67.62% PLANNING 324,384 24,472 265,736 81.92% BUILDING INSPECTION 586,632 47,619 514,143 87.64% CODE ENFORCEMENT 258,180 18,093 196,044 75.93% STREETS 4,483,147 362,973 2,471,284 55.12% PARKS 2,602,025 216,832 2,067,692 79.46% LIBRARY 2,067,736 163,931 1,716,228 83.00% COMBINED SERVICES 5,331,085 414,201 3,617,427 67.86% TOTAL EXPENDITURES 46,857,698 3,473,043 36,516,471 77.93% REVENUES OVER/(UNDER)EXPENDITURES 5,290,421 -1,590,535 13,431,278 17.85% A.Property Tax Collections for FY20-21 as of July 31,2021 are 100%,in comparison to FY19-20 for the same time period of 99.75%. Sales tax is on a 2 month lag and nine months of revenue has been recorded. August 2021 was up 20%compared to August 2020. B.Licenses and Permits are up 22%from August YTD 2020. New Dwelling permit revenue is up 70%compared to August YTD 2020 mostly due to the new fee structure that was approved. C.Intergovernmental Rev: The majority of intergovernmental revenues come from WISD reimbursements and Fire Services which are billed quarterly.Includes funds for CARES funding that were transferred to General Fund and$3 million from American Rescue Plan Act. D.Service Fees:Trash fees billed in October are applicable towards FY 2019-20 revenue with the remaining fees coming from other seasonal fees. E. Fines and Forfeitures are up 25%from August YTD 2020 which is a continued correction to the decreasing trend in fines.Code fines make up half of the increase. F. The Interest rate has declined from.20%in July 2020 when budget was prepared to.0160%for August 2021. G.Yearly transfer from Utility Fund. Also,includes insurance recoveries from the ice storm for$15,443 and auction proceeds or$93,287. H. Largest Carry Forward items: Department Software Solutions$225,450,Rowlett Creek Dam Improvements$110,000.Stone Road Rehab Project$300,000 I. Winter Storm expenses-moved$12,362 to 4B Sales Tax Fund to match expense with insurance recoveries recorded. 27 09/28/2021 Item G. CITY OF WYLIE MONTHLY FINANCIAL REPORT August 31,2021 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 91.67% ACCOUNT DESCRIPTION 2020-2021 2020-2021 2020-2021 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 23,921,619 2,309,296 19,134,667 79.99% J INTEREST INCOME 18,000 806 7,914 43.97% MISCELLANEOUS INCOME 33,000 6,396 158,059 478.97% K OTHER FINANCING SOURCES 3,718 0 3,718 0.00% L REVENUES 23,976,337 2,316,498 19,304,358 80.51% USE OF FUND BALANCE 0 NA 0 0 USE OF CARRY-FORWARD FUNDS 1,040,244 NA NA NA M TOTAL REVENUES 25,016,581 NA 19,304,358 77.17% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 1,362,604 56,317 765,323 56.17% UTILITIES-WATER 4,643,731 112,530 1,487,144 32.02% N UTILITIES-SEWER 1,397,505 81,947 992,955 71.05% UTILITY BILLING 1,181,354 113,594 837,532 70.90% COMBINED SERVICES 15,782,415 1,102,956 14,735,700 93.37% 0 TOTAL EXPENDITURES 24,367,609 1,467,344 18,818,654 77.23% REVENUES OVER/(UNDER)EXPENDITURES 648,972 849,154 485,704 -0.06% J.Most Utility Fund Revenue billed in October was applicable to FY 2019-20.Water revenue is at 75%for 10 months compared to 2020's 82%. FY2020 water revenue was at 108%at year end.Sewer revenue is tracking at 84%for 10 months. K.NTMWD settlement of$68,400 and$22K for the scrap water meters plus$45K for gain on sales of vehicles and land. L.Insurance recovery from stolen brass fittings. M.Largest Carry Forward items: Energov Software$150,300,Pump Station Backup Generators$601,370,WW Treatment Plant Decommissioning Design$100,000 N.Pump Station Generators and FM2514 Waterline Relocation will be carried forward to FY 2022 budget. O.Annual transfer to the General Fund of$2.4 million. Other expenses are payments to NTMWD for water minimum and sewer treatment. 28 09/28/2021 Item H. Wylie City Council CITY OF AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Consider, and place on file,the City of Wylie Monthly Investment Report for August 31, 2021. Recommendation Motion to accept the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Financial Summary/Strategic Goals 29 09/28/2021 Item H. 2020-2021 Investment Report August 31, 2021 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: 1-Notes Government Agency Notes: AN Principal Type Of Invest. Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $15,400,706.89 MMA 0.0222% Texpool 12/31/2006 NA 2 $15,948,119.13 MMA 0.0100% TexStar 3/15/2011 NA $31,348,826.02 _ Total Weighted Average Coupon: 0.0160% Money Markets: $31 348 826.02 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 _ $31,348,826.02 Weighted Average Coupon 1.00% 0 75% 0.50% 0.25% • 0 00% Sep 2020 Oct 2020 Nov 2020 Dec 2020 Jan 2021 Feb 2021 Mar 2021 April 2021 May 2021 June 2021 July 2021 Aug 2021 Fin rice Director/Investment Officer 30 09/28/2021 Item I. Wylie City Council CITY OF AGENDA REPORT Department: WEDC Account Code: Prepared By: Jason Greiner Subject Consider,and place on file,the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 31, 2021. Recommendation Motion to approve Item as presented. Discussion Financial Summary/Strategic Goals 31 09/28/2021 Item I. EC V August Rev/Exp Report Account Summary For Fiscal: 2020-2021 Period Ending: 08/31/2021 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund:111-WYLIE ECONOMIC DEVEL CORP Revenue 111-4000-40210 SALES TAX 2,968,437.00 2,968,437.00 390,790.76 2,829,594.13 -138,842.87 4.68% 111-4000 46110 ALLOCATED INTEREST EARNINGS 6,000.00 6,000.00 115.29 1,017.65 -4,982.35 83.04% 111-4000-48110 RENTAL INCOME 153,240.00 153,240.00 18,170.00 124,085.00 -29,155.00 19.03% 11.1-4000-48410 MISCELLANEOUS INCOME 0.00 0.00 1,435.00 1,435.00 1,435.00 0.00% 11.1 4000 48a30 GAIN/(LOSS)SALE OF CAP ASSETS 164,500.00 164,500.00 0.00 -31,208.00 -195,708.00 118.97% 11.1-4000 49600 INSURANCE RECOVERIES 0.00 54,545.27 0.00 40,614.11 -13,931.16 25.54% Revenue Total: 3,292,177.00 3,346,722.27 410,511.05 2,965,537.89 -381,184.38 11.39% Expense 11 1-5611-5 2 110 SALARIES 240,920.00 240,920.00 19,248.51 218,112.56 22,807.44 9.47% 11:1-561.1-52130 OVERTIME 0.00 0.00 94.50 1,810.38 -1,810.38 0.00% 1:1.1-5151.1-51.1.4CI LONGEVITY PAY 784.00 784.00 0.00 588.00 196.00 25.00% 11.1-561.1-51310 TMRS 37,464.00 37,464.00 2,909.10 33,602.14 3,861.86 10.31% 11.1-.5611-51410 HOSPITAL&LIFE INSURANCE 36,369.00 36,369.00 5,222.84 33,321.52 3,047.48 8.38% 11.1-5611-51420 LONG-TERM DISABILITY 1,373.00 1,373.00 80.40 951.00 422.00 30.74% 11.1-5611,514 0 FICA 14,986.00 14,986.00 1,074.64 12,725.46 2,260.54 15.08% 11.1-5611-51450 MEDICARE 3,505.00 3,505.00 251.32 2,976.13 528.87 15.09% 11.1-5611-51470 WORKERS COMP PREMIUM 305.00 305.00 0.00 246.78 58.22 19.09% 111-5611-51480 UNEMPLOYMENT COMP(TWC) 810.00 810.00 0.00 756.00 54.00 6.67% 11.1-5611-52010 OFFICE SUPPLIES 5,000.00 5,000.00 270.35 4,808.61 191.39 3.83% 111-561.1-52040 POSTAGE&FREIGHT 300.00 300.00 0.00 30.55 269.45 89.82% 11.1-5611-52810 FOOD SUPPLIES 6,100.00 6,100.00 222.39 1,096.27 5,003.73 82.03% 11.1-5611-54610 FURNITURE&FIXTURES 0.00 0.00 23,638.00 23,638.00 -23,638.00 0.00% 11.1-5611-54810 COMPUTER HARD/SOFTWARE 5,500.00 5,500.00 0.00 5,530.15 -30.15 -0.55% 11.1-5611-54910 BUILDINGS 0.00 54,545.27 0.00 0.00 54,545.27 100.00% 11.1-5611-56030 INCENTIVES 1,130,310.00 1,130,310.00 60,000.00 673,109.77 457,200.23 40.45% 11.1-5611-56040 SPECIAL SERVICES 90,145.00 112,678.00 3,720.74 81,371.35 31,306.65 27.78% 11.1-5611-56080 ADVERTISING 114,100.00 114,100.00 1,324.27 36,915.83 77,184.17 67.65% 11.1-5611-56090 COMMUNITY DEVELOPMENT 44,550.00 44,550.00 138.27 14,922.69 29,627.31 66.50% 11.1-5611-561.10 COMMUNICATIONS 5,936.00 5,936.00 353.93 3,266.30 2,669.70 44.97% 11.1-561.1-561.80 RENTAL 27,000.00 27,000.00 2,250.00 24,916.50 2,083.50 7.72% 11.1-5611-562.10 TRAVEL&TRAINING 62,600.00 62,600.00 1,451.19 12,025.72 50,574.28 80.79% 11.1-561.1-56250 DUES&SUBSCRIPTIONS 30,018.00 30,018.00 3,588.24 28,716.55 1,301.45 4.34% 11.1-5611-56310 INSURANCE 2,803.00 4,770.00 0.00 4,769.50 0.50 0.01% 11.1-5611-56a510 AUDIT&LEGAL SERVICES 33,000.00 33,000.00 552.00 11,625.00 21,375.00 64.77% 11.1-5611-56570 ENGINEERING/ARCHITECTURAL 87,500.00 87,500.00 28.75 43,383.39 44,116.61 50.42% 11.1-5611-56610 UTILITIES-ELECTRIC 2,400.00 2,400.00 190.56 1,722.66 677.34 28.22% 11.1-5611-57410 PRINCIPAL PAYMENT 199,863.00 342,015.00 20,355.96 317,560.45 24,454.55 7.15% 11.1-5611-5741.`5 INTEREST EXPENSE 342,015.00 199,863.00 17,110.04 189,100.97 10,762.03 5.38% 11.1-5611-581 10 LAND-PURCHASE PRICE 0.00 408,540.00 0.00 407,332.20 1,207.80 0.30% 11.1-561.1-58210 STREETS&ALLEYS 1,005,000.00 1,558,680.00 0.00 189,180.00 1,369,500.00 87.86% 11.1-5611-58830 FURNITURE&FIXTURES 2,500.00 2,500.00 0.00 797.00 1,703.00 68.12% 11.1-5611-58905 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 -407,332.20 407,332.20 0.00% Expense Total: 3,533,156.00 4,574,421.27 164,076.00 1,973,577.23 2,600,844.04 56.86% Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): -240,979.00 -1,227,699.00 246,435.05 991,960.66 2,219,659.66 180.80% Report Surplus(Deficit): -240,979.00 -1,227,699.00 246,435.05 991,960.66 2,219,659.66 180.80% 9/1.0/2021 2:1.8 5k7€m Page 1 of 3 32 09/28/2021 Item I. Budget Report For Fiscal:2020-2021 Period Ending:08/31/2021 Group Summary Variance Original Current Period Fiscal Favorable Percent Account Typ... Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund:111-WYLIE ECONOMIC DEVEL CORP Revenue 3,292,177.00 3,346,722.27 410,511.05 2,965,537.89 -381,184.38 11.39% Expense 3,533,156.00 4,574,421.27 164,076.00 1,973,577.23 2,600,844.04 56.86% Fund:111-WYLIE ECONOMIC DEVEL CORP Surplus(Deficit): -240,979.00 -1,227,699.00 246,435.05 991,960.66 2,219,659.66 180.80% Report Surplus(Deficit): -240,979.00 -1,227,699.00 246,435.05 991,960.66 2,219,659.66 180.80% 9/10/2021 7: 18 PM Page 7 of 3 33 09/28/2021 Item I. Budget Report For Fiscal:2020-2021 Period Ending:08/31/2021 Fund Summary Variance Original Current Period Fiscal Favorable Fund Total Budget Total Budget Activity Activity (Unfavorable) 111-WYLIE ECONOMIC DEVEL COR -240,979.00 -1,227,699.00 246,435.05 991,960.66 2,219,659.66 Report Surplus(Deficit): -240,979.00 -1,227,699.00 246,435.05 991,960.66 2,219,659.66 9/10/2021 7: 18 'il PM Page 3 of 3 34 09/28/2021 Item I. Wylie Economic Development Corporation Statement of Net Position As of August 31, 2021 Assets Cash and cash equivalents $ 2,880,922.81 Receivables $ 60,000.00 Note 1 Inventories $ 12,435,269.70 Prepaid Items $ - Total Assets $ 15,376,192.51 Deferred Outflows of Resources Pensions $ 95,608.55 Total deferred outflows of resources $ 95,608.55 Liabilities Accounts Payable and other current liabilities $ 44,656.51 Unearned Revenue $ 1,200.00 Note 2 Non current liabilities: Due within one year $ 77,886.83 Note 3 Due in more than one year $ 5,090,479.60 Total Liabilities $ 5,214,222.94 Deferred Inflows of Resources Pensions $ (47,711.41) Total deferred inflows of resources $ (47,711.41) Net Position Net investment in capital assets $ - Unrestricted $ 10,305,289.53 Total Net Position $ 10,305,289.53 Note 1: Includes incentives in the form of forgivable loans for$60,000(LUV-ROS) Note 2: Deposits from rental property Note 3: Liabilities due within one year includes compensated absences of$20,727 35 09/28/2021 Item I. ECON A1CAugust Balance Sheet Account Summary As Of 08/31/2021 Account Name Balance Fund:111-WYLIE ECONOMIC DEVEL CORP Assets 111-:1000-1.0110 CLAIM ON CASH AND CASH EQUIV. 2,868,922.81 111-1000-1.011 CASH-ECON DEVELOPMENT 0.00 11.1-1000-1.011.5 CASH-WEDC-INWOOD 0.00 11.1-1000--1.0130 CASH-ECO DEV PAYROLL 0.00 1t.1-1000-1.01.35 ESCROW 10,000.00 11.1-1.00040150 CASH-RESTRICTED 0.00 11t-1.000-1.018C1 DEPOSITS 2,000.00 11.1-1.000-1.0193 OTHER-MISC CLEARING 0.00 11.1-100040312 GOVERNMENT NOTES 0.00 11.1-100040321 CERTIFICATES OF DEPOSIT 0.00 11.1-1.000-1.0341 TEXP OO L 0.00 11.1-1.000-10343 LOGIC 0.00 11.1-1.000-10431 INTEREST RECEIVABLE 0.00 11.1-1.000-11511 ACCTS REC-MISC 0.00 11.1-1000-1.1517 ACCTS REC-SALES TAX 0.00 11.1-1000-12810 LEASE PAYMENTS RECEIVABLE 0.00 11.14000-1.2925 LOAN REC-CARLISLE 0.00 11.1-1000-12930 LOAN REC-DC ASSOCIATES 0.00 11.1-1000-1.294C1 LOAN REC-HOFFMAN BLAST 0.00 11.1-1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 11.1-1.000-1.2975 LOAN REC-MULTI MACHINING 0.00 11.1-1.000- 2980 LOAN REC-MOULDING 0.00 11.1-1000-12985 LOAN REC-ALTHUSER 0.00 11.1-1000-12995 LOAN REC-YELROW 0.00 11.1-1.000-12996 LOAN RECEIVABLE 0.00 11.1400Q:1299/ ACCTS REC-JTM TECH 0.00 1111-1000-1.2998 ACCTS REC-FORGIVEABLE LOANS 60,000.00 1111--1.000-14112 INVENTORY-MATERIAL/SUPPLY 0.00 1111--1.000-1.4116 INVENTORY-LAND&BUILDINGS 12,435,269.70 11.14000-1411/ INVENTORY-404 S HWY 78 0.00 1.11--1.000-1.411 INVENTORY-BAYCO/SANDEN BLVD 0.00 11.1-1000-14310 PREPAID EXPENSES-MISC 0.00 111--1.000-1.4410 DEFERRED OUTFLOWS 438,367.00 Total Assets: 15,814,559.51 15,814,559.51 Liability 11:1-1000-20132 EMP CARE FLITE 0.00 111.-2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 11.1-2000-20111 MEDICARE PAYABLE 0.00 11.1-2000-20112 CHILD SUPPORT PAYABLE 0.00 111-2000 20113 CREDIT UNION PAYABLE 0.00 11.1-2000-2011.4 IRS LEVY PAYABLE 0.00 11.1-2000-20115 NATIONWIDE DEFERRED COMP 0.00 111-2000-2011E HEALTH INSUR PAY-EMPLOYEE 1,790.88 11.1-20C10_-2U117 TMRS PAYABLE 2,102.96 11.1-2000-20118 ROTH IRA PAYABLE 0.00 11.1-2000-2011.9 WORKERS COMP PAYABLE 0.00 11.1-2000-2012C1 FICA PAYABLE 0.00 11.1-2000-20121 TEC PAYABLE 0.00 11.1-2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 11.1-2000-20123 ALIMONY PAYABLE 0.00 11.1-2000-20124 BANKRUPTCY PAYABLE 0.00 11.1-2000-20125 VALIC DEFERRED COMP 0.00 9/10/2021 2o]2e20 Fh1 Page 1 of 3 36 09/28/2021 Item I. Balance Sheet As Of 08/31/2021 Account Name Balance 111-2000-20126 ICMA PAYABLE 0.00 111-2(200-20127 EMP.LEGAL SERVICES PAYABLE 0.00 111-2000 20130 FLEXIBLE SPENDING ACCOUNT 8,437.30 111-200Cl-20131 EDWARD JONES DEFERRED COMP 0.00 111-2000-20132 EMP CARE FLITE 12.00 111-2000-20151 ACCRUED WAGES PAYABLE 0.00 111-2000-20380 ADDIT EMPLOYEE INSUR PAY 48.00 111-2(200-20199 MISC PAYROLL PAYABLE 0.00 111-2000 20201 AP PENDING 0.00 111-2000-20210 ACCOUNTS PAYABLE 32,265.37 111-2000 20530 PROPERTY TAXES PAYABLE 0.00 111-2000 2Cl540 NOTES PAYABLE 438,367.00 111-2000 2Cl810 DUE TO GENERAL FUND 0.00 111-2000 22270 DEFERRED INFLOW 0.00 111-2000 22275 DEF INFLOW-LEASE PRINCIPAL 0.00 111-2000 22280 DEFERRED INFLOW-LEASE INT 0.00 1:11-2000 22915 RENTAL DEPOSITS 1,200.00 Total Liability: 484,223.51 Equity 111-3000-34110 FUND BALANCE-RESERVED 0.00 111-3000-34590 FUND BALANCE-UNRESERV/UNDESIG 14,338,375.34 .............. Total Beginning Equity: 14,338,375.34 Total Revenue 2,965,537.89 Total Expense 1,973,577.23 Revenues Over/Under Expenses 991,960.66 Total Equity and Current Surplus(Deficit): 15,330,336.00 Total Liabilities,Equity and Current Surplus(Deficit): 15,814,559.51 9/10/2021 2:12320 pm Page 2 of 3 37 09/28/2021 Item I. Balance Sheet As Of 08/31/2021 Account Name Balance Fund:922-GEN LONG TERM DEBT(WEDC) Assets 922-1000-10312 GOVERNMENT NOTES 0.00 922-1000-1.8110 LOAN-WEDC 0.00 922-1000-1.8120 LOAN-BIRMINGHAM 0.00 922-1000-18210 AMOUNT TO BE PROVIDED 0.00 922-1000-1.8220 BIRMINGHAM LOAN 0.00 922-1000-19050 DEF OUTFLOW TMRS CONTRIBUTIONS 37,997.29 922-1000-19051 DEF OUTFLOW SDBF CONTRIBUTIONS 1,800.00 9 22-1000-190 75 DEF OUTFLOW-INVESTMENT EXP 0.48 922-1000-1.91.00 DEF OUTFLOW-ACT EXP/ASSUMP 55,810.78 922-1000-1.91.25 (GAIN)/LOSS ON ASSUMPTION CHGS -46,839.41 922-1000-19126 DEF INFLOW SDBF CONTRIBUTIONS -872.00 Total Assets: 47,897.14 47,897.14 Liability 922-2000-20126 ICMA PAYABLE 0.00 922-2 000-20310 COMPENSATED ABSENCES PAYABLE 0.00 922-2000-20311 COMP ABSENCES PAYABLE-CURRENT 20,727.84 922-2000-2141100 ACCRUED INTEREST PAYABLE 8,803.17 922-2000-28205 WEDC LOANS/CURRENT 48,355.82 922-2000-2821C) WEDC LOANS 0.00 922-2000-28220 BIRMINGHAM LOAN 0.00 922-2000-28230 INWOOD LOAN 0.00 922-2000-28232 ANB LOAN/EDGE 0.00 922-2000;282.33 ANB LOAN/PEDDICORD WHITE 0.00 922-2000-28234 ANB LOAN/RANDACK HUGHES 0.00 922-2000-282.35 ANB LOAN 0.00 922-2000-28236 ANB CONSTRUCTION LOAN 0.00 922-20000228237 ANB LOAN/WOODBRIDGE PARKWAY 0.00 922-2000-28238 ANB LOAN/BUCHANAN 0.00 922-20000228239 ANB LOAN/JONES:HOBART PAYOFF 0.00 922-200)-28240 HUGHES LOAN 0.00 922-2000 28242 ANB LOAN/HWY 78:5TH ST REDEV 4,067,890.31 922-2000-28245 ANB LOAN/DALLAS WHIRLPOOL 640,776.23 922-2000 28247 JARRARD LOAN 174,168.89 922-2000-28250 CITY OF WYLIE LOAN 0.00 922-2000-28260 PRIME KUTS LOAN 0.00 922-2000-282/0 BOWLAND/ANDERSON LOAN 0.00 922-2000-28280 CAPITAL ONE CAZAD LOAN 0.00 922-2000-28290 HOBART/COMMERCE LOAN 0.00 922-2000 29150 NET PENSION LIABILITY 199,184.17 922-2000-2,9151 SDBF LIABILITY 8,460.00 Total Liability: 5,168,366.43 Equity 9 2 2-3000-34 590 FUND BALANCE-UNRESERV/UNDESIG -5,317,765.74 922-3000-35900 UNRESTRICTED NET POSITION -120,264.00 Total Beginning Equity: -5,438,029.74 Total Revenue 0.00 Total Expense -317,560.45 Revenues Over/Under Expenses 317,560.45 Total Equity and Current Surplus(Deficit): -5,120,469.29 Total Liabilities,Equity and Current Surplus(Deficit): 47,897.14 9/10/2021 2:1-2:20 PM Page 3 of 3 38 09/28/2021 Item I. Wylie Economic Development Corporation SALES TAX REPORT August 31, 2021 BUDGETED YEAR DIFF % DIFF MONTH FY 2018 FY 2019 FY 2020 FY 2021 20 vs. 21 20 vs. 21 DECEMBER $ 184,848.59 $ 214,867.15 $ 226,663.94 $ 235,381.33 $ 8,717.39 3.85% JANUARY $ 191,895.71 $ 223,749.61 $ 218,520.22 $ 262,263.52 $ 43,743.30 20.02% FEBRUARY $ 275,667.83 $ 307,366.66 $ 362,129.18 $ 456,571.35 $ 94,442.17 26.08% MARCH $ 182,852.50 $ 208,222.32 $ 228,091.34 $ 257,187.91 $ 29,096.57 12.76% APRIL $ 163,484.89 $ 182,499.53 $ 203,895.57 $ 221,881.55 $ 17,985.98 8.82% MAY $ 203,707.17 $ 274,299.18 $ 289,224.35 $ 400,371.70 $ 111,147.35 38.43% JUNE $ 199,412.29 $ 234,173.88 $ 239,340.35 $ 290,586.92 $ 51,246.57 21.41% JULY $ 213,976.64 $ 215,107.94 $ 296,954.00 $ 314,559.10 $ 17,605.10 5.93% AUGUST $ 249,589.63 $ 283,602.93 $ 325,104.34 $ 390,790.76 $ 65,686.42 20.20% SEPTEMBER $ 213,425.79 $ 243,048.40 $ 259,257.89 OCTOBER $ 210,701.71 $ 224,875.38 $ 249,357.02 NOVEMBER $ 273,196.62 $ 308,324.41 $ 384,953.89 Sub-Total $ 2,562,759.35 $ 2,920,137.37 $ 3,283,492.09 $ 2,829,594.13 $ 439,670.84 17.50% Total $ 2,562,759.35 $ 2,920,137.37 $ 3,283,492.09 $ 2,829,594.13 $ 439,670.84 17.50% WEDC Sales Tax Analysis $500,000 $450,000 $400,000 $350,000 $300,000 $250,000 2020 $200,000 ■2021 $150,000 $100,000 $50,000 $0 0�4so ��e� ��t� 4�� yr P�'� �a� �� •��\� ��5` � ,�e;� OGK.9,�c>,t ��4 5e """Sales Tax collections typically take 2 months to be reflected as Revenue. SIsTx receipts are then accrued back 2 months. Example:August SlsTx Revenue is actually June SIsTx and is therefore the 9th allocation in FY21. 39 09/28/2021 Item J. Wylie City Council CITY OF AGENDA REPORT Department: Human Resources Account Code: 100-5155-54810 Prepared By: Glenna Hayes Subject Consider,and act upon,the approval of the purchase of NeoGov Human Resources Software from SHI Government Solutions in the estimated annual amount of$57,149.00 through a cooperative contract with Omnia Partners, and authorizing the City Manager to execute any and all necessary documents. Recommendation I otion to approve Item as presented. Discussion The City currently utilizes NeoGov software modules throughout an employee's lifecycle. The modules streamline the hiring process, automate on-boarding and off boarding processes (HR, payroll, vehicle and fuel access, etc.), track employee accomplishments and performance evaluations, and assist with ongoing education requirements. The City utilizes: •Recruiting—online job postings, screening,hiring and on-boarding •Development—employee management and performance information. "Learn—employee training and tracking program; customizable course libraries,interfaces with Google calendar Staff recommends the continuation of NeoGov software as providing the best overall value for the City. The expense is comprised of$55,648.92 for the software modules and approximately $1,500 for job posting/advertising. This purchase is made through the use of a cooperative contract with Omnia Partners and an authorized reseller(SHI Government Solutions) for NeoGov. This award will establish an annual contract with renewals under the terms of the Omnia Partners cooperative agreement #2018-011-02. The City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Wylie Agreement#W2022-5-I/Omnia Partners#2018-011-02 Financial Summary/Strategic Goals This item supports the City's Workforce goal of providing an environment that supports engaged,high-performing employees. 40 09/28/2021 Item 1. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, Resolution No. 2021-28(R) authorizing and directing the City Manager of the city of Wylie, Texas, o implement practices necessary to broadcast online and preserve all meetings of the Planning and Zoning Commission in he same manner as meetings of the City Council, and to take any and all other actions necessary to effectuate the same. Recommendation I otion to approve Item as presented. Discussion The City Council has requested the desire to have all meetings of the Planning and Zoning Commission broadcast online and preserved in the same manner as City Council meetings for the purposes of encouraging accessibility and transparency for the residents of the City of Wylie. With the passage of this Resolution, the City Manager is authorized and directed to implement practices and to take all other action necessary to broadcast online and preserve all meetings of the Planning and Zoning Commission in the same manner as meetings of the City Council. Financial Summary/Strategic Goals Community Focused Government 41 09/28/2021 Item 1. RESOLUTION NO. 2021-28(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF WYLIE,TEXAS,TO IMPLEMENT PRACTICES NECESSARY TO BROADCAST ONLINE AND PRESERVE ALL MEETINGS OF THE PLANNING AND ZONING COMMISSION IN THE SAME MANNER AS MEETINGS OF THE CITY COUNCIL, AND TO TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO EFFECTUATE THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") desires to have all meetings of the Planning and Zoning Commission broadcast online and preserved in the same manner as City Council meetings for the purposes of encouraging accessibility and transparency for the residents of the City of Wylie,Texas ("City"); and WHEREAS,the City Council finds that adopting this resolution is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein. SECTION 2. The Wylie City Manager is authorized and directed to implement practices and to take all other action necessary to broadcast online and preserve all meetings of the Planning and Zoning Commission in the same manner as meetings of the City Council. SECTION 3. This resolution shall be effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas on this 28th day of September 2021. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Resolution No. 2021-28(R)Broadcasting P&Z Commission Meetings Page 1 of 1 3504342 42 09/28/2021 Item 2. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, Resolution No. 2021-29(R) casting a nomination for a candidate for the Board of Directors of the IP alias Central Appraisal District. Recommendation Motion to approve Resolution No.2021-29(R)casting a nomination for as a candidate for the Board of Directors of the Dallas Central Appraisal District. Discussion Per Texas Property Tax Code Sec. 6.03(a): The Appraisal District is governed by a board of directors. Five directors are appointed by the taxing units that participate in the district as provided by this section. . . To be eligible to serve on the board of directors, an individual . . . must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the individual takes office. Per Texas Property Tax Code Sec. 6.03(d): The voting entitlement of a taxing unit that is entitled to vote for directors is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote,by multiplying the quotient by 1,000,and by rounding the product to the nearest whole number. That number is multiplied by the number of directorships to be filled. The City of Wylie's unit number of votes is one. Per Texas Property Tax Code Sec. 6.03(g): Each taxing unit . . . that is entitled to vote may nominate by resolution adopted by its governing body one candidate for each position to be filled on the board of directors. The presiding officer of the governing body of the unit shall submit the names of the unit's nominees to the chief appraiser before October 15. Per Texas Property Tax Code Sec. 6.03(j): Before October 30,the chief appraiser shall prepare a ballot,listing the candidates whose names were timely submitted under Subsection (g) . . .alphabetically according to the first letter in each candidate's surname,and shall deliver a copy of the ballot to the presiding officer of the governing body of each taking unit that is entitled to vote. There is not a list of candidates for this portion of the Board of Directors election; therefore, Council can nominate who they think would be best. Financial Summary/Strategic Goals NA 43 09/28/2021 Item 2. RESOLUTION NO. 2021-29(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,DALLAS COUNTY, TEXAS, CASTING A NOMINATION FOR A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 6.03(G) OF THE TEXAS PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, The Chief Appraiser of the Dallas Central Appraisal District has been charged with the responsibility of conducting the election process to determine the membership of the Board of Directors of the Dallas Central Appraisal District, according to the Property Tax Code of Texas; and WHEREAS, each of the incorporated cities and towns, except for City of Dallas, shall have the right to nominate by an official resolution one(1) candidate as a member of the Board of Directors; and WHEREAS, the said cities and towns shall, from among the nominations received, elect by a majority vote,with each city and town being entitled to one(I)vote, a member of the Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. The City Council of the City of Wylie, Texas does hereby nominate as a candidate for the Board of Directors of the Dallas Central Appraisal District. SECTION 2. The City Secretary is hereby directed to submit the official nomination, written Resolution, and notify all appropriate parties of this action. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas on this 28th day of September 2021. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Resolution No. 2021-29(R)Dallas Central Appraisal District Election of Board of Directors Page 1 of 1 44 09/28/2021 Item 3. Wylie City Council CITY OF AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, Resolution No. 2021-30(R) casting a nomination for a candidate for the Board of Directors of the 'ockwall Central Appraisal District. Recommendation Motion to approve Resolution No.2021-30(R)casting a nomination for as a candidate for the Board of Directors of the Rockwall Central Appraisal District. Discussion Per Texas Property Tax Code Sec. 6.03(a): The Appraisal District is governed by a board of directors. Five directors are appointed by the taxing units that participate in the district as provided by this section. . . To be eligible to serve on the board of directors, an individual . . . must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the individual takes office. Per Texas Property Tax Code Sec. 6.03(d): The voting entitlement of a taxing unit that is entitled to vote for directors is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote,by multiplying the quotient by 1,000,and by rounding the product to the nearest whole number. That number is multiplied by the number of directorships to be filled. The City of Wylie's unit number of votes is 10. Per Texas Property Tax Code Sec. 6.03(g): Each taxing unit . . . that is entitled to vote may nominate by resolution adopted by its governing body one candidate for each position to be filled on the board of directors. The presiding officer of the governing body of the unit shall submit the names of the unit's nominees to the chief appraiser before October 15. Per Texas Property Tax Code Sec. 6.03(j): Before October 30,the chief appraiser shall prepare a ballot,listing the candidates whose names were timely submitted under Subsection (g) . . .alphabetically according to the first letter in each candidate's surname,and shall deliver a copy of the ballot to the presiding officer of the governing body of each taking unit that is entitled to vote. There is not a list of candidates for this portion of the Board of Directors election; therefore, Council can nominate who they think would be best. Financial Summary/Strategic Goals NA 45 09/28/2021 Item 3. RESOLUTION NO.2021-30(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, ROCKWALL COUNTY, TEXAS, CASTING A NOMINATION FOR A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE ROCKWALL CENTRAL APPRAISAL DISTRICT IN ACCORDANCE WITH SECTION 6.03(G) OF THE TEXAS PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, The Chief Appraiser of the Rockwall Central Appraisal District has been charged with the responsibility of conducting the election process to determine the membership of the Board of Directors of the Rockwall Central Appraisal District,according to the Property Tax Code of Texas; and WHEREAS, in accordance with Section 6.03(g) of the Texas Property Tax Code, the City of Wylie may nominate a candidate for the Board of Directors of the Central Appraisal District; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The City Council of the City of Wylie, Texas does hereby nominate as a candidate for the Board of Directors of the Rockwall Central Appraisal District. SECTION 2. The City Secretary is hereby directed to submit the official nomination, written Resolution, and notify all appropriate parties of this action. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas on this 28th day of September 2021. Matthew Porter,Mayor ATTEST: Stephanie Storm, City Secretary Resolution No. 2021-30(R)Rockwall Central Appraisal District Election of Board of Directors Page 1 of 1 46 na12o12ou1 Item 3. u��u�� r. ��'��V�N�&0 � Central Appraisal District September 7, 3UZ1 CITY OFVVYL|E MAYOR K4/U-7HEVVPORTER 2OO COUNTRY CLUB ROAD, BLDG1OO VVYL|E,TX75U98 Texas Property Tax Code Sec. 6.O3(a):The Appraisal District is governed_bxa board ofdirectors. Five directors are appointed bv the taxing units that participate in the district as provided by this section . . .Tobe eligible to serve on the board of directors, an individual . . . must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the ' individual takes office. . Texas Property Tax Code Sec. 6lI](d):The voting entitlnn eentnfa taxing unit �that --`-to vote for directors is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote, by multiplying the quotient by 1,000, and by rounding the product to the nearest whole number. That number is ` multiplied by the number of directorships tobefilled. ' / Texas Property Tax Code Sec. 6.03/oi: Each taxing unit . . . that is entitled to vote may nominate by resolution adopted by its governing body one candidate for each position to be filled on the board of directors. The presiding officer of the governing body of the unit shall submit the names of the unit's nominees to the chief appraiser before October 15. ' Texas Property Tax Code Sec. 6.03(j): Before October 30,the chief appraiser shall prepare a ballot, listing the candidates whose names were timely submitted under Subsection (u) . , . alphabetically according to the first letter in each candidate's surname, and shall deliver a copy of the ballot to the presiding officer of the governing body of each taking unit that is entitled to vote. ` Attached ba list reflecting each taxing unit's number nf votes. . ' ` ^ ' Current Appointed Members are: ' Russell Summers ^' Mark Moeller ]ohnHohenshelt LomeUechty Vicki Wallace 841 Justin Road Metro: 972-771-2034 Rockwall, T}{75O87 Toll Free: 1-877-438-5304 3vvvvvxookv'uUoad.uum Fax: 972-771-6871 47 09/28/2021 Item 3. 2022 — 2023 Rockwall Central Appraisal District Board of Directors Election Entity Number of Votes City of Dallas 0 City of Fate 80 City of Garland 0 City of Heath 145 City of McLendon-Chisholm 15 City of Rockwall 455 City of Rowlett 110 City of Royse City 90 City of Wylie 10 Rockwall ISD 2755 Royse City ISD 520 Rockwall County 815 48 09/28/2021 Item 4. Wylie City Council CITY OF AGENDA REPORT Department: WEDC Account Code: Prepared By: Jason Greiner Subject Consider, and act upon, Resolution No. 2021-31(R) approving a Resolution of the Wylie Economic Development Corporation to obtain a loan in the principal amount of$8,108,000. Recommendation Motion to approve Item as presented. Discussion WEDC began the process of evaluating various options to refinance current debt and borrow additional funds for the acquisition of key properties back in June 2021. After reviewing proposals, the WEDC Board approved WEDC Resolution 2021-01(R) on August 18, 2021 to engage the services of Government Capital Corporation for credit review, securing the compliance package, and beginning the generation of loan documents. WEDC Resolution 2021-02(R) was approved by the WEDC Board on September 15, 2021. This resolution authorizes the borrowing of funds to refinance current debt and acquire additional key properties. Resolution 2021-31(R)of the City Council ratifies this WEDC action. Loan Terms: 240 months at 3.48%interest rate with a 5-year call restriction. The target funding date is October 5, 2021. Financial Summary/Strategic Goals Reduced debt service, lower interest rate, acquisition of key properties, infrastructure improvements and the redevelopment of the 544 Gateway Property, and Brown&78 Property. 49 09/28/2021 Item 4. CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTY OF COLLIN § CITY OF WYLIE § I, the undersigned, City Secretary of the City of Wylie, Texas DO HEREBY CERTIFY as follows: 1. On September 28, 2021, a regular meeting of the City Council of the City of Wylie, Texas, was held at a meeting place within the City; the duly constituted members of the Council being as follows: Matthew Porter Mayor David R. Duke Councilman Dave Strang Councilman Jeff Forrester Mayor pro tem Scott Williams Councilman Timothy T. Wallis D.V.M. Councilman Garrett Mize Councilman and all of said persons were present at said meeting, except the following: . Among other business considered at said meeting,the attached resolution entitled: RESOLUTION NO. 2021-31(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ("CITY"), APPROVING (I) THE RESOLUTION OF THE BOARD OF DIRECTORS OF THE WYLIE ECONOMIC DEVELOPMENT CORPORATION ("CORPORATION") REGARDINNG A LOAN IN THE AMOUNT OF $8,108,000.00; (II)A SALES TAX REMITTANCE AGREEMENT BETWEEN THE CITY AND THE CORPORATION; (III)RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE LOAN; AND (IV)THE AUTHORITY OF THE MAYOR TO EXECUTE, ON BEHALF OF THE CITY, A GENERAL CERTIFICATE OF THE CITY AND THE SALES TAX REMITTANCE AGREEMENT. was introduced and submitted to the City Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion made and seconded, the resolution was duly passed and adopted by the Council to be effective immediately by the following vote: AYES: All members of the City Council shown present above voted "Aye", except as noted below, NOES: ABSTAIN: all as shown in the official Minutes of the City Council for the meeting held on the aforesaid date. 2. The attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council on the date of the aforesaid tmpF1EO CITY RESOLUTION(SERIES 2020A) 50 09/28/2021 Item 4. CITY RESOLUTION(SERIES 2020A) meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of said meeting was given to each member of the Council; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the above-entitled resolution, was posted and given in advance thereof in compliance with the provisions of V.T.C.A., Chapter 551, Government Code, as amended. IN WITNESS WHEREOF, I have hereunto signed my name officially on the date first written above. Stephanie Storm, City Secretary tmpF1EO 51 09/28/2021 Item 4. RESOLUTION NO. 2021-31(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ("CITY"), APPROVING (I) THE RESOLUTION OF THE BOARD OF DIRECTORS OF THE WYLIE ECONOMIC DEVELOPMENT CORPORATION ("CORPORATION") REGARDING A LOAN IN THE AMOUNT OF $8,108,000.00; (II)A SALES TAX REMITTANCE AGREEMENT BETWEEN THE CITY AND THE CORPORATION; (III) RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE LOAN; AND (IV) THE AUTHORITY OF THE MAYOR TO EXECUTE, ON BEHALF OF THE CITY, A GENERAL CERTIFICATE OF THE CITY AND THE SALES TAX REMITTANCE AGREEMENT. WHEREAS, The Wylie Economic Development Corporation (the "Corporation") has been duly created and organized pursuant to the provisions of Chapter 504, Local Government Code, as amended (formerly Section 4A of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended) (the "Act")by the City of Wylie,Texas (the"City"); and WHEREAS, pursuant to the Act, the Corporation is empowered to borrow money for the purpose of financing the cost of any"project"defined as such by the Act; and WHEREAS, the Board of Directors of the Corporation has found and determined that (a) purchasing real property located at 802 W. Kirby Street, Wylie, Texas 75098 (the "Property") to be used to promote economic development in the City is authorized under the Act and loan proceeds may be used for such financing pursuant to that certain Loan Agreement, dated as of October 5, 2021, (as amended, restated, supplemented and/or otherwise modified, the "Loan Agreement") in the original principal amount of $8,108,000.00 (the "Loan") between the Corporation and Government Capital Corporation (the"Lender"); and WHEREAS, the Corporation proposes to enter into a Sales Tax Remittance Agreement, dated as of October 5, 2021, (as amended, restated, supplemented and/or otherwise modified, the "Sales Tax Remittance Agreement") with the City; pursuant to, which among other things, the Corporation will pledge its sales tax revenues to the Lender to secure repayment of the Loan; WHEREAS, the Act requires the City Council of the City approve the resolution of the Corporation providing for the execution and delivery of the Loan Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1. The Resolution approving the Loan Agreement and authorizing the issuance of the Series 2021 Note (as defined in the Loan Agreement) authorized by the Corporation (the "Corporation Resolution") on September 15, 2021, and submitted to the City Council this day, is hereby approved in all respects. The Series 2021 Note is being issued to finance the cost of the Property and to pay the Costs of Issuance (as defined in the Loan.Agreement). Section 2. The approvals herein given are in accordance with the Act, and the Series 2021 Note shall never be construed an indebtedness or pledge of the City, or the State of Texas (the "State"), within the meaning of any constitutional or statutory provision, and the owner of the Note shall never be paid in whole or in part out of any funds raised or to be raised by taxation (other than sales tax proceeds as authorized pursuant to Chapter 504 of the Act) or any other revenues of the Corporation, the City, or the tmpF1E0 CITY RESOLUTION(SERIES 2020A) 52 09/28/2021 Item 4. State, except those revenues assigned and pledged by the Loan Agreement and the Sales Tax Remittance Agreement. Section 3. The City hereby agrees to promptly collect and remit to the Corporation the Economic Development Sales and Use Tax (defined in the Loan Agreement) to provide for the prompt payment of the Series 2021 Note, and to assist and cooperate with the Corporation in the enforcement and collection of sales and use taxes imposed on behalf of the Corporation. Section 4. The Sales Tax Remittance Agreement attached hereto as Exhibit A is incorporated by reference as a part of this Resolution for all purposes, with respect to the obligations of the City and Corporation during the time the Series 2021 Note is outstanding, is hereby reapproved as to form and substance. Furthermore, the Mayor and the City Secretary and the other officers of the City are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. Section 5. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution,was given, all as required by V.T.C.A. Government Code, Chapter 551,as amended. Section 7. This Resolution shall be in force and effect from and after its passage on the date shown below. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] tmpF I EO CITY RESOLUTION(SERIES 2021) 53 09/28/2021 Item 4. PASSED AND ADOPTED,this 28'day of September,2021. CITY OF WYLIE, TEXAS By: Matthew Porter,Mayor ATTEST: By: Stephanie Storm, City Secretary tmpF I EO CITY RESOLUTION(SERIES 2021) 54 09/28/2021 Item 4. EXHIBIT A Sales Tax Remittance Agreement tmpF I EO CITY RESOLUTION(SERIES 2021) 55 09/28/2021 Item 4. SALES TAX REMITTANCE AGREEMENT SERIES 2021 NOTE This SALES TAX REMITTANCE AGREEMENT (as amended, restated, supplemented and/or otherwise modified, this "Agreement") is made to be effective as of October 5, 2021, by and between the CITY OF WYLIE, TEXAS, a duly incorporated and existing home rule city operating and existing under the laws of the State of Texas (the "City") and the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a nonprofit development corporation organized and existing under the laws of the State of Texas, including Chapters 501, 502 and 504, Local Government Code, as amended (formally Section 4A of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended) (the "Corporation"). RECITALS WHEREAS, the Corporation on behalf of the City is to refinance prior outstanding debt (the "Prior Obligations") and finance the costs to purchase and make infrastructure improvements to certain real property in the City located at 802 W. Kirby Street, Wylie, Texas 75098 (the "Property"); and WHEREAS, such financing contemplates the issuance of the Corporation's promissory note in a principal amount of$8,108,000.00 (the "Series 2021 Note"), and the proceeds are to be used by the Corporation to purchase the Property, refund the prior obligations and pay the costs of issuance of the Series 2021 Note. AGREEMENT 1. Financing: For and in consideration of the City's covenants and agreements herein contained and subject to the terms contained herein, the Corporation hereby agrees to enter into a Loan Agreement dated of even date herewith (as same may be amended, restated, supplemented and/or otherwise modified, the "Loan Agreement"), with Government Capital Corporation (the "Lender"), and to execute the Series 2021 Note, and the Corporation hereby agrees and covenants that all proceeds of the loan evidenced by the Note shall be used solely to pay the costs of purchasing the Property, refinancing the Prior Obligations and to pay all costs related thereto. 2. Receipt and Transfer of Proceeds of Sales Tax. The City agrees, in cooperation with the Corporation, to take such actions as are required to cause the "Sales Tax" received from the Comptroller of Public Accounts of the State of Texas for and on behalf of the Corporation to be deposited immediately upon receipt by the City to the credit of the Corporation. 3. Modifications. This Agreement shall not be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge this Agreement in whole or in part unless such executory agreement is in writing and is signed by the parties against whom enforcement of any waiver, change, modification or discharge is sought and approved in writing by the Lender. tmp38FD 1 SALES TAX REMITTANCE(2021 NoTE) 56 09/28/2021 Item 4. 4. Entire Agreement. This Agreement contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. 5. Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. 6. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 7. Applicable Law. This Agreement shall in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Texas. 8. Captions. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. 9. Capitalized Terms. All capitalized terms not otherwise defined herein shall have the meanings ascribed to such teiins in the Loan Agreement. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BANK] tmp38FD 2 SALES TAX REMITTANCE(2021 NoTE) 57 09/28/2021 Item 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date and year first above written. WYLIE ECONOMIC DEVELOPMENT CORPORATION Demond Dawkins, President ATTEST: Gino Mulliqi, Secretary tmp38FD 3 SALES TAX REMITTANCE(2021 NoTE) 58 09/28/2021 Item 4. CITY OF WYLIE, TEXAS Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary tmp38FD 4 SALES TAX REMITTANCE(2021 NOTE) 59 09/28/2021 Item 4. GENERAL CERTIFICATE OF CITY SERIES 2021 NOTE We, the undersigned duly authorized officers of the CITY OF WYLIE, TEXAS ("City") acting in our official capacities as such, hereby certify with respect to the Loan Agreement dated as of September 28, 2021, (as same may be amended, restated, supplemented and/or otherwise modified, the "Loan Agreement") by and between the WYLIE ECONOMIC DEVELOPMENT CORPORATION ("Corporation") and GOVERNMENT CAPITAL CORPORATION ("Lender") authorizing a loan in the principal amount of$8,108,000.00, as follows: 1. All capitalized terms used herein shall have the meaning set forth for such term in the Loan Agreement unless the context clearly indicates otherwise. 2. The City is a duly incorporated home rule city, operating and existing under the Constitution and the laws of the State of Texas. 3. The City has duly authorized the creation of the Corporation under the Act. 4. Attached hereto as Exhibit "A" are true, correct, and full copies of the proceedings pertaining to the levy of the Economic Development Sales and Use Tax and the election at which the Economic Development Sales and Use Tax was approved by the voters of the City. 5. No Litigation is pending or, to the best of their knowledge, threatened against the City with respect to the issuance by the Corporation of the Note, the Loan Agreement or the Sales Tax Remittance Agreement, the creation of the Corporation or the title or authority of the governing body or director of the Corporation. [Remainder of Page Intentionally Left Blank] tmpB8AB CITY GENERAL CERTIFICATE(SERIES 2021) 60 09/28/2021 Item 4. IN WITNESS WHEREOF, we have duly executed this certificate on the date first written above. CITY OF WYLIE, TEXAS By: Matthew Porter, Mayor ATTEST: By: Stephanie Storm, City Secretary tmpB8AB CITY GENERAL CERTIFICATE(SERIES 2021) 61 09/28/2021 Item 4. EXHIBIT A tmpB8AB 62 09/28/2021 Item 4. LOAN AGREEMENT between GOVERNMENT CAPITAL CORPORATION and WYLIE ECONOMIC DEVELOPMENT CORPORATION $8,108,000.00 Dated as of October 5, 2021 tmp7629 63 09/28/2021 Item 4. LOAN AGREEMENT This LOAN AGREEMENT (as amended, restated, supplemented and/or otherwise modified, this "Agreement"), dated as of October 5, 2021, is between GOVERNMENT CAPITAL CORPORATION (the "Lender"), and the WYLIE ECONOMIC DEVELOPMENT CORPORATION (the "Corporation"), a nonprofit economic development corporation duly established and created pursuant to Chapters 501, 502 and 504, Local Government Code, as amended (foiiuerly Section 4A of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended), (collectively, the "Act"), created by or on behalf of the City of Wylie, Texas (the "City"). WITNESSETH: WHEREAS, the City has established, levied, is maintaining and collecting on behalf of the Corporation the Economic Development Sales and Use Tax pursuant to the Act; WHEREAS, the Corporation has asked the Lender to make a loan to the Corporation for the purpose of (i) financing the purchase of certain real property in the City and completing infrastructure improvements thereto as part of a master-planned redevelopment as peluiitted under the Act; (ii) refinancing prior outstanding debt and (iii) paying costs of issuing the loan, such loan to be secured by and payable from the proceeds of the Economic Development Sales and Use Tax; WHEREAS, purchasing the property and refinancing existing obligations is important to the economic growth and development of the City and will benefit the City's residents by aiding the City's efforts to encourage economic growth and development, stimulate commerce,promote or develop new or expanded business enterprises, enhance the health, safety, and welfare of the City's residents and promote long-term debt service savings; WHEREAS, the Lender is willing to make such loan to the Corporation, on the teiiiis and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration and the mutual benefits, covenants and agreements herein expressed, the Lender and the Corporation agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions The capitalized terms used in this Agreement shall have the following respective meanings unless the context otherwise requires: Act -has the meaning ascribed to such term in the first paragraph hereof. Additional Parity Debt - means: additional debt or other obligations to be issued or incurred by the Corporation including, without limitation, the issuance or incurrence of any bonds, notes, or other obligations payable from and secured in whole or in part by liens on the tmp7629 LOAN AGREEMENT(SERIES 2021) 09/28/2021 Item 4. Pledged Revenues that are in parity with the lien on the Pledged Revenues securing the payment of the Existing Indebtedness and the Series 2021 Note. Additional Subordinate Debt- means: Additional debt or other obligations to be issued or incurred by the Corporation including, without limitation, the issuance or incurrence of any bonds, notes, or other obligations payable from and secured in whole or in part by liens on the Pledged Revenues that are junior or subordinate to the lien on the Pledged Revenues securing the payment of the Series 2021 Note. Agreement - has the meaning ascribed to such term in the first paragraph hereof. Bond Counsel—Naman Howell Smith & Lee, PLLC. Business Day - Any day, other than a Saturday, Sunday, or legal holiday, on which the offices of the Lender are not required or authorized by law or executive order to be closed. City- has the meaning ascribed to such term in the first paragraph hereof. Closing Date - The date that the Series 2021 Note is delivered to the Lender. Code - The Internal Revenue Code of 1986, as amended, and all applicable regulations and any official rulings and determinations under the above. Corporation- has the meaning ascribed to such term. in the first paragraph hereof. Costs of Issuance - The costs and expenses incurred by the Corporation with respect to the authorization, execution and delivery of the Loan Documents and all documentation related thereto. Debt Service Fund - shall have the meaning ascribed to such terra in Section 4.4 hereof. Debt Service Requirement - The amount necessary to pay the principal of and interest due and owing on the Series 2021 Note during each respective fiscal year of the Corporation. Economic Development Sales and Use Tax - The t/ of 1% sales and use tax authorized to be levied by the City on behalf of the Corporation for the promotion of economic development pursuant to the Act and elections duly held. Event of Default - Unless waived in writing by the Lender, the occurrence of any of the following: (a) the failure of the Corporation to make any of the Series 2021 Note Payments when due if such failure is not cured within fifteen (15) days after Lender sends the Corporation written notice specifying such failure; (b) the failure of the Corporation to comply with any other covenant, condition, or agreement under this Agreement, and the continuation of such failure for a period of thirty (30) days after the date that the Corporation acquired actual knowledge or written notice of such failure, which knowledge may take the form of notice specifying such failure given to the Corporation by the Lender; tmp7629 2 LOAN AGREEMENT(SERIES 2021) 65 09/28/2021 Item 4. (c) bankruptcy, insolvency, appointment of a receiver for, or the failure to discharge a judgment against, the Corporation; (d) the violation of any representation or warranty made by the Corporation under Section 5.2 hereof; or (e) the failure of the Corporation to perfoiili any of its obligations under or comply with any provisions of this Agreement not described in (a) or (b) above or any other agreement with the Lender to which it may be a party or by which it is bound. Existing Parity Indebtedness - means any note, bond or other debt obligations of the Corporation outstanding as of the Closing Date and payable from and secured in whole or in part by liens on the Pledged Revenues that are in parity with the lien on the Pledged Revenues securing the payment of the Series 2021 Note. Interest Payment Date - The date interest payments are due on the Loan, as set forth in the Series 2021 Note. Lender- Government Capital Corporation, together with its successors and assigns. Loan- The loan from the Lender to the Corporation made pursuant to this Agreement. Loan Documents - Collectively, this Agreement, the Series 2021 Note, the Sales Tax Remittance Agreement, and the Resolution. Maximum Interest Rate - The maximum rate of interest allowed under Chapter 1204, Government Code, as amended, but not to exceed the "applicable interest rate ceiling" as determined under Chapter 303 of the Texas Finance Code from time to time in effect. Series 2021 Note - The promissory note of even date herewith (such promissory note, as the same may be renewed, extended, amended or otherwise modified from time to time) delivered pursuant to this Agreement in substantially the form attached hereto as Exhibit A, and any promissory note executed and delivered by the Corporation in replacement thereof or in substitution therefor. Series 2021 Note Payments - The payments required by Section 2.3 to be made by the Corporation in payment of the principal of and interest on the Series 2021 Note. Series 2016 Note — The Corporation's promissory note dated November 22, 2016 in the original principal amount of $2,000,000 (as the same may have been renewed, extended, amended or otherwise modified from time to time) and payable to American National Bank of Texas. Series 2018 Note - The Corporation's promissory note dated December 12, 2018 in the original principal amount of $4,500,000 (as the same may have been renewed, extended, amended or otherwise modified from time to time) and payable to American National Bank of Texas. tmp7629 3 LOAN AGREEMENT(SERIES 2021) 66 09/28/2021 Item 4. Pledged Revenues - 100% of the funds collected by the City from the levy of the Economic Development Sales and Use Tax, without deduction, offset or credit for any administrative charges or expenses incurred by the City or the Corporation in connection with the levy and collection of the Economic Development Sales and Use Tax, other than any amounts due and owing to the Comptroller of Public Accounts of the State for collection costs and other charges. Principal Amount- $8,108,000.00. Property: That real property located at 802 W. Kirby Street, Wylie, Texas 75098. Refunded Obligations—collectively, the Series 2016 Note and the Series 2018 Note. Resolution - The resolution of the Board of Directors of the Corporation authorizing the execution and delivery of this Agreement and the Series 2021 Note and the pledge of the Pledged Revenues to the payment of the principal of and interest on the Series 2021 Note, and any amendments or supplements thereto. Sales Tax Remittance Agreement - The Sales Tax Remittance Agreement dated as of even date herewith by and between the Corporation and the City, as same may be amended, restated, supplemented and/or otherwise modified. Series 2021 Note - The promissory note of even date herewith (such promissory note, as the same may be renewed, extended, amended or otherwise modified from time to time) delivered pursuant to this Agreement in substantially the form attached hereto as Exhibit A, and any promissory note executed and delivered by the Corporation in replacement thereof or in substitution therefor. Series 2021 Note Payments - The payments required by Section 2.3 to be made by the Corporation in payment of the principal of and interest on the Series 2021 Note. Series 2016 Note — The Corporation's promissory note dated November 22, 2016. in the original principal amount of $2,000,000 (as the same may have been renewed, extended, amended or otherwise modified from time to time) and payable to American National Bank of Texas. Series 2018 Note - The Corporation's promissory note dated December 12, 2018 in the original principal amount of $4,500,000 (as the same may have been renewed, extended, amended or otherwise modified from time to time) and payable to American National Bank of Texas. State - The State of Texas. Section 1.2 Interpretative MattersWhenever the context requires: (i) references in this Agreement of the singular number shall include the plural and vice versa; and tmp7629 4 LOAN AGREEMENT(SERIES 2021) 67 09/28/2021 Item 4. (ii) words denoting gender shall be construed to include the masculine, feminine, and neuter. (b) The table of contents and the titles given to any article or section of this Agreement are for convenience of reference only and are not intended to modify the meaning of the article or section. ARTICLE II THE LOAN; REPAYMENT OF THE LOAN Section 2.1 Financing the Loan Subject to the terms and conditions set forth in this Agreement, including without limitation the conditions set forth in Section 2.2, and for and in consideration of the payment by the Corporation of its obligations under this Agreement and the Series 2021 Note and the covenants and agreements herein contained, the Lender will, on the Closing Date, advance to and for the sole use and benefit of the Corporation an amount equal to the Principal Amount for the exclusive purpose of financing the costs of the Property, certain infrastructure improvements to the Property, refunding the Refunded Obligations and the paying Costs of Issuance. Section 2.2 Conditions to Closing The obligation of the Lender to make the advance pursuant to Section 2.1 hereof shall be subject to the following conditions: (a) The representations of the Corporation herein shall be true, complete and correct in all material respects on the date hereof and on and as of the Closing Date as if made on the Closing Date; (b) On the Closing Date, the Loan Documents shall be in full force and effect, assuming due authorization and execution by the other parties thereto, and shall not have been amended or supplemented except as may have been agreed to in writing by the Lender; (c) At or prior to the Closing Date, the Lender shall have received each of the following documents: (i) This Agreement executed by an authorized officer of the Corporation; (ii) The Series 2021 Note executed by an authorized officer of the Corporation; (iii) A certificate, dated the Closing Date, executed by an authorized officer of the Corporation, to the effect that (A) the representations and warranties of the Corporation contained in this Agreement are true and correct on the date hereof and on and as of the Closing Date as if made on the Closing Date; (B) the Resolution and this Agreement are in full force and effect and have not been amended or supplemented except as may have been approved in writing by the Lender; (C) the Corporation is not in default with respect to any of its outstanding obligations; and (D) no litigation is pending or, to the best of their knowledge, threatened in any court to restrain or enjoin the execution and delivery of this Agreement or the Series 2021 Note, the refunding of the tmp7629 5 LOAN AGREEMENT(SERIES 2021) 68 09/28/2021 Item 4. Refunded Obligations, or the levy and collection of the Economic Development Sales and Use Tax or the pledge thereof, or contesting or affecting the adoption and validity of the Resolution or the authorization, execution and delivery of the Loan Documents, or contesting the powers of the Board of Directors of the Corporation; (iv) Certified copies of resolutions of the City and the Corporation authorizing execution, delivery and performance of all of the Loan Documents and authorizing the borrowing hereunder, along with such certificates of existence, certificates of good standing and other certificates or documents as the Lender may reasonably require to evidence the Corporation's authority; (v) True copies of all organizational documents of the Corporation, including all amendments,restatements or supplements thereto; (vi) An opinion of counsel to the Corporation which shall specifically provide that (1) the Corporation is a validly existing non-profit corporation created by the City of Wylie pursuant to Chapter 504 of the Act and (2) the Corporation is duly authorized and empowered to execute, deliver and perform the Loan Documents. Section 2.3 Repayment Terms The Corporation agrees to execute and deliver the Series 2021 Note to the Lender upon the advance of the Principal Amount by the Lender to the Corporation pursuant to Section 2.1. (b) The Series 2021 Note shall be dated the Closing Date, shall be in an aggregate principal amount equal to the Principal Amount and shall be payable in installments on the dates and in the amounts specified in the Series 2021 Note. (c) Interest shall accrue and be paid on the outstanding Principal Amount as specified in the Series 2021 Note. Section 2.4 Series 2021 Note Payments All Series 2021 Note Payments shall be made on the applicable payment date in immediately available funds and shall be paid to the Lender at the address provided to the Corporation pursuant to Section 8.2. Section 2.5 Series 2021 Note Payments Due on Business Days If the regularly scheduled due date for a Series 2021 Note Payment is not a Business Day, the due date for such payment shall be the next succeeding Business Day, and payment made on such succeeding Business Day shall have the same force and effect as if made on the regularly scheduled due date. Section 2.6 Prepayment of Series 2021 Note (a) Voluntary Prepayment. The Corporation may at its option prepay the principal amount of the Series 2021 Note outstanding hereunder, in whole, or in part, on any payment date on or after November 5, 2026. If prepaid in whole, the prepayment price shall be an amount equal to the Early Redemption Value set forth in the Series 2021 Note. The Corporation may prepay in part the principal amount of the Series 2021 Note outstanding hereunder so long as such prepaid principal amount is fifty thousand and tmp7629 6 LOAN AGREEMENT(SERIES 2021) 69 09/28/2021 Item 4. 00/100 dollars ($50,000) or greater on any payment date. In the event of a prepayment hereunder, such amount prepaid shall be deducted from the principal amount due under the Series 2021 Note. In the event the Corporation desires to prepay the Series 2021 Note in full as set forth in this Section 2.6 and the Corporation has made one or more partial prepayments of principal prior to such time, the Corporation shall advise the Lender of its desire to prepay the Series 2021 Note in full at least thirty(30) days prior to the payment date and Lender shall notify the Corporation of the Early Redemption Value which shall be due to prepay the Series 2021 Note in full. Section 2.7 Limited Obligation The obligations of the Corporation hereunder are special limited obligations thereof and neither the Series 2021 Note nor any instrument related to this Agreement may give a holder a right to demand payment from any source other than the Economic Development Sales and Use Tax imposed by Chapter 504 of the Act and pledged hereunder. Section 2.8 Segregation of Economic Development Sales and Use Tax The Corporation shall or shall cause the City to maintain a separate fund into which shall be deposited the Economic Development Sales and Use Tax and the Corporation shall or shall cause the City to segregate such taxes collected from the general fund of the City. ARTICLE III ADDITIONAL DEBT Section 3.1 Additional Parity Debt. (a) For so long as the Corporation is obligated hereunder and under the Series 2021 Note, the Corporation shall have the right to issue Additional Parity Debt when issued in compliance with the law and terms and conditions hereinafter appearing, the lien or pledge securing such Additional Indebtedness shall occupy a position of parity and equal dignity with the lien or pledge securing the Notes, so long as prior to doing the same: (i) the Corporation furnishes to the Lender a signed statement, supported by its audit or other financial presentation acceptable to the Lender, that the Corporation's net revenues for the previous 24 months, prior to incurring such additional debt, are at least 1.15 times the annual debt service payments due on (i) the Series 2021 Note, (ii) any other then outstanding Existing Parity Indebtedness of the Corporation, and (iii) the proposed new debt yet to be incurred. Such statement shall be furnished to the Lender at least 14 days prior to the time any additional debt is incurred; (ii) Net revenues shall mean the gross revenues of the Corporation, less its operating expenses, as determined by GAAP. Depreciation or amortization costs shall not be counted as operating expenses. Section 3.2 Additional Subordinate Debt tmp7629 7 LOAN AGREEMENT(SERIES 2021) 70 09/28/2021 Item 4. (a) The Corporation may issue or incur Additional Subordinate Debt without restriction. ARTICLE IV SPECIAL AGREEMENTS Section 4.1 Obligations of Corporation Unconditional The obligation of the Corporation to make the payments required by Section 2.3 shall be absolute and unconditional. The Corporation shall pay all such amounts without abatement, diminution or deduction (whether for taxes or otherwise) regardless of any cause or circumstances whatsoever including, without limitation, any defense, set-off, recoupment or counterclaim that the Corporation may have or assert against the Lender or any other person. (b) Until such time as the Series 2021 Note is fully paid the Corporation: (i) will not suspend or discontinue, or permit the suspension or discontinuance of, any Series 2021 Note Payment; (ii) will perform and observe all of its other agreements contained in this Agreement; and (iii) except by full payment and retirement of the Series 2021 Note will not terminate this Agreement for any cause. Section 4.2 Agreement as Security Agreement An executed copy of this Agreement shall constitute a security agreement pursuant to applicable law, with the Lender as the secured party. The lien, pledge, and security interest of the Lender created in this Agreement shall become effective immediately upon the Closing Date, and the same shall be continuously effective for so long as the Series 2021 Note is outstanding. (b) A fully executed copy of this Agreement and the proceedings authorizing it shall be filed as a security agreement among the permanent records of the Corporation. Such records shall be open for inspection to any member of the general public and to any person proposing to do or doing business with, or asserting claims against, the Corporation, at all times during regular business hours. (c) The provisions of this section are prescribed pursuant to the Bond Procedures Act of 1981. (Chapter 1204, Government Code), as amended, and other applicable laws of the State. If any other applicable law, in the opinion of counsel to the Corporation or in the opinion, reasonably exercised, of counsel to the Lender, requires any filing or other action additional to the filing pursuant to this section in order to preserve the priority of the lien, pledge, and security interest of the Lender created by this Agreement, the Corporation shall diligently make such filing or take such other action to the extent required by law to accomplish such result. Section 4.3 Pledge and Source of Payment The Corporation hereby covenants that all Pledged Revenues shall be deposited and paid into the Debt Service Fund established in Section 4.4 hereof, and shall be applied in the manner set out herein, to provide for the payment tmp7629 8 LOAN AGREEMENT(SERIES 2021) 71_ 09/28/2021 Item 4. of principal and interest on the Series 2021 Note and, to the extent permitted, any Existing Parity Indebtedness and Additional Debt and all expenses of paying the same. The obligations of the Corporation under the Series 2021 Note and any Existing Parity Indebtedness and Additional Debt shall be special limited obligations of the Corporation payable solely from, and secured by a first lien on, the Pledged Revenues, and collected and received by the Corporation, which Pledged Revenues shall, in the manner herein provided, be set aside and pledged to the payment of the Series 2021 Note and any Existing Parity Indebtedness and Additional Debt in the Debt Service Fund. The Lender and any owner of any Existing Parity Indebtedness and Additional Debt shall never have the right to demand payment out of any funds raised or to be raised by ad valorem taxation. The Lender and any owner of any Existing Parity Indebtedness and Additional Debt shall never have the right to demand payment from sales tax revenues in excess of those collected from the Economic Development Sales and Use Tax. Section 4.4 Debt Service Fund. The Debt Service Fund (the "Debt Service Fund") is hereby created, and the Debt Service Fund shall be maintained and accounted for as hereinafter provided, so long as the Series 2021 Note remains outstanding. For purposes of this Section 4.4 and this Agreement, the Corporation's existing general fund may serve as the Debt Service Fund, unless the Corporation elects to establish a separate Debt Service Fund. Section 4.5 Flow of Funds All Pledged Revenues shall be deposited as collected into the Debt Service Fund. For purposes of this Section 4.5 and this Agreement, the Lender and the Corporation agree that the Corporation's general fund may be the Debt Service Fund unless the Corporation elects to establish a separate Debt Service Fund. Money from time to time on deposit to the credit of the Debt Service Fund shall be applied as follows in the following order and priority: (a) First, to pay principal of and interest on the Series 2021 Note and other obligations secured by the Pledged Revenues; and (b) Second, to be used by the Corporation for any lawful purpose. After making any transfers required into any other funds created or any subordinate lien obligations, any money remaining in the Debt Service Fund shall be considered surplus, and may be used by the Corporation for any lawful purpose. Section 4.6 Investment of Funds; Transfer of Investment Income Money in the Debt Service Fund may, at the option of the Corporation, be invested in time deposits or certificates of deposit of commercial banks secured in the manner required by law for public funds and insured by the Federal. Deposit Insurance Corporation to the maximum extent permitted by law, or be invested in direct obligations of, or obligations fully guaranteed by, the United States of America, or in any other investments authorized by the laws of the State; provided that all such deposits or investments shall be made in such manner that the money required to be expended from any fund will be available at the proper time or times. Any obligation in which money is so invested shall be kept and held in the official depository bank of the Corporation at which the fund is maintained from which the investment was made. All such tmp7629 9 LOAN AGREEMENT(SERIES 2021) 72 09/28/2021 Item 4. investments shall be promptly sold when necessary to prevent any default in connection with the Series 2021 Note or any Additional Debt. All interest and income derived from such deposits and investments shall be transferred or credited as received to the general fund, and shall constitute Pledged Revenues. Section 4.7 Security for Uninvested Funds All uninvested money on deposit in, or credited to, the Debt Service Fund shall be secured by the pledge of security as provided by the laws of the State. Section 4.8 Financial Statements and Reports For so long as any amounts remain outstanding under the Series 2021 Note, the Corporation will promptly furnish to the Lender from time to time upon request such information regarding the business and affairs and financial condition of the Corporation as the Lender may reasonably request, and furnish to the Lender promptly after available and in any event within one hundred eighty (180) days of each fiscal year end, current audited financial statements, on a consolidated basis, of the Corporation, or if not separately prepared, then of the City, including (i) a balance sheet, (ii) statement of revenues, expenses and changes in fund balances, (iii) statements of cash flow, (iv) operating fund budget analysis, and(iv) appropriate Series 2021 Notes and attachments to the financial statements. Section 4.9 Notice of Contingent Liabilities Within thirty (30) days after the Corporation knows or has reason to know of the occurrence thereof, the Corporation shall give the Lender written notice of any actual or potential contingent liability in excess of$50,000.00. Section 4.10 Inspection Rights At any reasonable time and from time to time, the Corporation will permit representatives of the Lender to examine, copy, and make extracts from its books and records, to visit and inspect its properties, and to discuss its business, operations, and financial condition with its officers, employees, and independent certified public accountants. Section 4.11 Keeping Books and Records The Corporation will maintain proper books of record and account in which full, true, and correct entries in conformity with generally accepted accounting principles shall be made of all dealings and transactions in relation to its business and activities. ARTICLE V REPRESENTATIONS AND WARRANTIES Section 5.1 Representations and Warranties of Lender The Lender represents and warrants to the Corporation the following: (a) The Lender has all necessary power and authority to enter into and perform this Agreement. (b) The Lender has taken all actions required to authorize and execute this Agreement and to perform its obligations hereunder and the execution, delivery and performance by the tmp7629 10 LOAN AGREEMENT(SERIES 2021) 73 09/28/2021 Item 4. Lender of and compliance with the provisions of this Agreement will not conflict with any existing law, regulation, rule, decree or order or any agreement or other instrument by which the Lender is bound. Section 5.2 Representations by the Corporation The Corporation represents, warrants and covenants to the Lender as follows: (a) The Corporation is a nonprofit industrial development corporation, within the meaning of Chapter 504 (formerly Section 4A) of the Act, has all of the rights, powers, privileges, authority and functions given by the general laws of the State to nonprofit corporations incorporated under the Texas Non-Profit Corporation Act, as amended, except as otherwise provided in Section 501.054(a) of the Act (formerly Section 23(a) of the Act), and is authorized by the Act to execute and to enter into this Agreement and to undertake the transactions contemplated herein and to carry out its obligations hereunder. (b) The Corporation is duly organized, validly existing, and in good standing under the laws of the State. The Corporation has all requisite power, authority and legal right to execute and deliver the Loan Documents and all other instruments and documents to be executed and delivered by the Corporation pursuant thereto, to perform and observe the provisions thereof and to carry out the transactions contemplated by the Loan Documents. All corporate action on the part of the Corporation which is required for the execution, delivery, performance and observance by the Corporation of the Loan Documents has been duly authorized and effectively taken, and such execution, delivery, performance and observation by the Corporation do not contravene applicable law or any contractual restriction binding on or affecting the Corporation. (c) The Corporation has duly approved the borrowing of funds from the Lender and has received the approval of the City therefor; no other authorization or approval or other action by, and no notice to or filing with any governmental authority or regulatory body is required as a condition to the performance by the Corporation of its obligations under any of the Loan Documents. (d) This Agreement and the Series 2021 Note are legally valid and binding obligations of the Corporation enforceable against the Corporation in accordance with their respective terns. (e) There is no default of the Corporation in the payment of the principal of or interest on any of its indebtedness for borrowed money or under any instrument or instruments or agreements under and subject to which any indebtedness for borrowed money has been incurred which does or could affect the validity and enforceability of the Loan Documents or the ability of the Corporation to perform its obligations thereunder, and no event has occurred and is continuing under the provisions of any such instrument or agreement which constitutes or, with the lapse of time or the giving of notice, or both, would constitute such a default. (f) There is no pending or, to the knowledge of the undersigned officers of the Corporation, threatened action or proceeding before any court, governmental agency or department or arbitrator (i) to restrain or enjoin the execution or delivery of this Agreement and the Series 2021 Note or the collection of any Pledged Revenues to pay the Series 2021 Note, (ii) in any way contesting or affecting the authority for the execution and delivery or the validity of tmp7629 1 1 LOAN AGREEMENT(SERIES 2021) 74 09/28/2021 Item 4. the Loan Documents, or (iii) in any way contesting the levy of the Economic Development Sales and Use Tax or the existence of the Corporation or the title or powers of the officers of the Corporation. (g) In connection with the authorization, execution and delivery of this Agreement and the Series 2021 Note, the Corporation has complied with all provisions of the laws of the State, including the Act. (h) The execution and delivery of the documents contemplated hereunder do not violate any provision of any instrument or agreement to which the Corporation is a party or by which it is bound. (i) The Corporation has, by proper corporate action, duly authorized the execution and delivery of this Agreement. (j) The Corporation is not in default under or in violation of the Constitution or any of the laws of the State relevant to the issuance of the Series 2021 Note or the consummation of the transactions contemplated hereby or in connection with such issuance, and has duly authorized the issuance of the Series 2021 Note and the execution and delivery of this Agreement. The Corporation agrees that it will do or cause to be done in a timely manner all things necessary to preserve and keep in full force and effect its existence, and to carry out the terms of this Agreement and the Indenture. (k) The Corporation's books and records properly reflect the financial condition of the Corporation and, to the best of the Corporation's knowledge, there has been no material adverse change in the business, condition (financial or otherwise), operations, prospects or properties of the Corporation since the effective date of the Corporation's most recent financial statements. ARTICLE VI REMEDIES SECTION Section 6.1 Remedies Available So long as any Event of Default has occurred and is continuing, the Lender may take any action at law or in equity to collect all amounts then due under this Agreement and the enforcing of compliance with any other obligation of the Corporation under this Agreement. (b) In addition to the remedies provided in subsection (a) of this Section, the Lender shall, to the extent permitted by law, be entitled to recover the costs and expenses, including attorney's fees and court costs, incurred by the Lender in the proceedings authorized under subsection (a) of this Section. (c) Notwithstanding any other provision of this Agreement, the acceleration of the Series 2021 Note Payments is not available as a remedy under this Agreement. Section 6.2 Application of Money Collected Any money collected as a result of the taking of remedial action pursuant to this Article VI, including money collected as a result of tmp7629 I2 LOAN AGREEMENT(SERIES 2021) 75 09/28/2021 Item 4. foreclosing the liens of this Agreement, shall be applied to cure the Event of Default with respect to which such remedial action was taken. Section 6.3 Restoration of Rights If any action taken as a result of an Event of Default is discontinued or abandoned for any reason, or is determined adversely to the interests of the Lender, or if an Event of Default is cured, all parties shall be deemed to be restored to their respective positions and rights under the Loan Documents as if such Event of Default had not occurred. Section 6.4 Non-Exclusive Remedies No remedy conferred upon or reserved to the Lender by this Agreement is intended to be exclusive of any other available remedy, and each such remedy shall be in addition to any other remedy given under this Agreement or the other Loan Documents or now or hereafter existing at law or in equity. Section 6.5 Delays No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or be construed to be a waiver thereof, and all such rights and powers may be exercised as often as may be deemed expedient. Section 6.6 Limitation on Waivers If an Event of Default is waived, such waiver shall be limited to the particular Event of Default so waived and shall not be deemed a waiver of any other Event of Default; provided, that no waiver of an Event of Default shall be effective unless such waiver is made in writing. ARTICLE VII DISCHARGE BY PAYMENT When the Series 2021 Note has been paid in full or when the Corporation has made payment to the Lender of the whole amount due or to become due under the Series 2021 Note (including all interest that has accrued thereon or that may accrue to the date of maturity or prepayment, as applicable), and all other amounts payable by the Corporation under this Agreement have been paid, the liens of this Agreement shall be discharged and released, and the Lender, upon receipt of a written request by the Corporation and the payment by the Corporation of the reasonable expenses with respect thereto, shall discharge and release the lien of this Agreement and execute and deliver to the Corporation such releases or other instruments as shall be requisite to release the lien hereof. ARTICLE VIII MISCELLANEOUS Section 8.1 Term of Agreement This Agreement shall become effective upon the Closing Date and shall continue in full force and effect until all obligations of the Corporation under this Agreement and the Series 2021 Note have been fully paid. Section 8.2 Notices (a) All notices, certificates, or other communications required by or made pursuant to this Series 2021 Note Agreement shall be in writing and given by certified or registered United States Mail, return receipt requested, addressed as follows: tmp7629 13 LOAN AGREEMENT(SERIES 2021) 76 09/28/2021 Item 4. (i) if to the Lender: Government Capital Corporation 345 Miron Drive Southlake, TX 76092 (ii) if to the Corporation: Wylie Economic Development Corporation 250 South Highway 78 Wylie, Texas 75098 Attention: Demond Dawkins, Board President (b) The Corporation and the Lender may designate any further or different addresses to which subsequent notices shall be sent; provided, that, any of such parties shall designate only one address for such party to receive such notices. (c) Except as otherwise provided by this Agreement, any communication delivered by mail in compliance with this section is deemed to have been given as of the date of deposit in the mail. (d) A provision of this Agreement that provides for a specific method of giving notice or otherwise conflicts with this section supersedes this section to the extent of the conflict. Section 8.3 Binding Effect, Assignment (a) This Agreement shall (i) be binding upon the Corporation, its successors and assigns, and (ii) inure to the benefit of and be enforceable by the Lender and its successors, transferees and assigns; provided that the Corporation may not assign all or any part of this Agreement without the prior written consent of the Lender. The Lender may assign, transfer or grant participations in all or any portion of this Agreement, the Series 2021 Note, or any of its rights or security hereunder, including without limitation, the instruments securing the Corporation's obligations under this Agreement; provided that any such assignment, transfer or grant shall be made only to a financial institution whose primary business is the lending of money. Section 8.4 Expenses, Fees, Etc The Corporation hereby agrees to pay on demand all reasonable costs and expenses of the Lender in connection with the preparation, negotiation, execution, and delivery of the Loan. Documents and any and all amendments, modifications, renewals, extensions, and supplements thereof and thereto, including, without limitation, the fees and expenses of legal counsel for the Lender and other professionals. Section 8.5 Severability If any part of this Agreement is ruled invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability thereof shall not affect the remainder of this Agreement. Section 8.6 Counterparts This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same document. tmp7629 14 LOAN AGREEMENT(SERIES 2021) 77 09/28/2021 Item 4. Section 8.7 Applicable Law This Agreement shall be governed in all respects, whether as to validity, construction, performance, or otherwise, by the laws of the State and, if applicable, federal law. Section 8.8 Jurisdiction All actions or proceedings with respect to, and the performance of, the Series 2021 Note and this Agreement shall be, or shall be instituted in the courts of the State of Texas, in Collin County, Texas, and by execution and delivery of this Agreement, the Corporation and the Lender irrevocably and unconditionally submit to the jurisdiction of such courts and unconditionally waive (i) any objection each may now or hereafter have to the laying of venue in any such courts, and (ii) any claim that any action or proceeding brought in any such courts has been brought in an inconvenient forum. Section 8.9 Notice of Final Agreement THIS WRITTEN AGREEMENT AND ANY OTHER DOCUMENTS EXECUTED IN CONNECTION HEREWITH REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. tmp7629 15 LOAN AGREEMENT(SERIES 2021) 78 09/28/2021 Item 4. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective duly authorized officers as of the date first above written. GOVERNMENT CAPITAL CORPORATION By: Name: Title: tmp7629 16 LOAN AGREEMENT(SERIES 2021) 79 09/28/2021 Item 4. WYLIE ECONOMIC DEVELOPMENT CORPORATION By: Demond Dawkins, President ATTEST: By: Gino Mulliqi, Secretary tmp7629 I LOAN AGREEMENT(SERIES 2021) 80 09/28/2021 Item 4. EXHIBIT A THIS NOTE MAY NOT BE NEGOTIATED IN THE NAME OF BEARER AND IS NOT A REGISTERED OBLIGATION $8,108,000.00 October 5, 2021 WYLIE ECONOMIC DEVELOPMENT CORPORATION SERIES 2021 NOTE WYLIE ECONOMIC DEVELOPMENT CORPORATION (the "Corporation") for value received, hereby promises to pay to the order of GOVERNMENT CAPITAL CORPORATION, its successor or assigns, at its offices located at 345 Miron Drive, Southlake, Texas 76092 the principal sum of EIGHT MILLION ONE HUNDRED EIGHT THOUSAND AND 00/100 DOLLARS ($8,108,000.00). All capitalized teims which are used but not defined in this Series 2021 Note shall have the same meanings as in the Loan Agreement dated as of even date herewith, between the Corporation and the Lender (such Loan Agreement, together with all amendments, restatements, supplements and/or other modifications thereto,being the "Loan Agreement"). Subject to Section 2.3(d) of the Loan Agreement, the Corporation agrees to pay principal and accrued interest on all amounts hereof so advanced and remaining from time to time unpaid hereon quarterly beginning on November 5, 2021, and continuing monthly thereafter until maturity in such amounts as reflected on Schedule I attached hereto. Interest shall accrue at a per annum rate of 3.48%. Past due principal and interest shall bear interest at a rate per annum which is fifteen percent (15.0%). All payments of interest shall be computed annually based on a 360 day year and the actual number of days elapsed. Principal of and interest on this Series 2021 Note shall be payable from and secured by a pledge of the Corporation's Economic Development Sales and Use Tax. This Series 2021 Note is authorized under that certain Loan Agreement and is subject to, and is executed in accordance with, all of the terms, conditions and provisions thereof. A fully executed copy of the Loan Agreement is on file in the permanent records of the Corporation and is open for inspection to any member of the general public and to any person proposing to do business with, or asserting claims against, the Corporation, at all times during regular business hours. tmp7629 1 81 09/28/2021 Item 4. The principal of and interest on this Series 2021 Note are payable from the Economic Development Sales And Use Tax imposed by Chapter 504 of the Local Government Code (formerly Section 4A of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended), as described in and subject to the limitations contained in the Loan Agreement. Except as otherwise provided in the Loan Agreement, the Corporation waives all demands for payment, presentations for payment, protests, notices of protests, and all other demands and notices, to the extent permitted by law. All agreements between the Corporation and holder hereof, whether now existing or hereafter arising and whether written or oral, are hereby limited so that in no contingency, whether by reason of demand, prepayment, or otherwise, shall the interest contracted for, charged, received, paid or agreed to be paid to the holder hereof, exceed the maximum permissible by applicable law. If, from any circumstances whatsoever, interest would otherwise be payable to the holder hereof in excess of the Maximum Interest Rate, then the interest payable to the holder hereof shall be reduced to the maximum amount permitted under applicable law; and if from any circumstances the holder hereof shall ever receive anything of value deemed interest by applicable law in excess of the Maximum Interest Rate, an amount equal to any excessive interest shall be applied to the reduction of the principal hereof and not to the payment of interest, or if such excessive interest exceeds the unpaid balance of principal hereof, such excess shall be refunded to the Corporation. All interest paid or agreed to be paid to the holder hereof shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period of the subject loan until payment in full of the principal so that the interest hereon for such full period shall not exceed the maximum amount permitted by applicable law. This paragraph shall control all agreements between the Corporation and the holder hereof. THIS SERIES 2021 NOTE AND THE LOAN AGREEMENT REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. NEITHER THE STATE OF TEXAS, THE CITY OF WYLIE, TEXAS (THE "CITY"), NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THIS SERIES 2021 NOTE, EXCEPT TO THE EXTENT THAT THE CORPORATION IS OBLIGATED TO MAKE THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THIS SERIES 2021 NOTE. NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OF TEXAS, THE CITY, OR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS SERIES 2021 NOTE, EXCEPT TO THE EXTENT THE CORPORATION HAS PLEDGED THE ECONOMIC DEVELOPMENT SALES AND USE TAX DESCRIBED ABOVE TO MAKE THE SERIES 2021 NOTE PAYMENTS. tmp7629 2 82 09/28/2021 Item 4. The Corporation may, in its discretion, prepay all or any portion of the outstanding principal amount of this Series 2021 Note pursuant to Section 2.6 of the Loan Agreement. If a date for the payment of the principal of or interest on the Series 2021 Note is a Saturday, Sunday, legal holiday, or a day on which the Lender is authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which such banking institution is authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. This Series 2021 Note shall be governed in all respects by the laws of the State of Texas and of the United States of America. tmp7629 3 83 09/28/2021 Item 4. IN WITNESS WHEREOF, this Series 2021 Note has been duly executed effective as of the date first written above. WYLIE ECONOMIC DEVELOPMENT CORPORATION By: xxxxxxxxxxxxxxxxxxxxxxxxxxxx Demond Dawkins, President ATTEST: By: xxxxxxxxxxxxxxxxxxxxxxxxx Gino Mulliqi, Secretary tmp7629 4 84 09/28/2021 Item 4. Schedule I—Payment Schedule EARLY REDEMPTION PMT PMT DATE TOTAL INTEREST PRINCIPAL VALUE NO. MO. DAY YR PAYMENT PAID PAID after pmt on this line 1 11/5/2021 $46,939.85 $23,513.20 $23,426.65 N/A 2 12/5/2021 $46,939.85 $23,445.26 $23,494.59 N/A 3 1/5/2022 $46,939.85 $23,377.13 $23,562.72 N/A 4 2/5/2022 $46,939.85 $23,308.80 $23,631.05 N/A 5 3/5/2022 $46,939.85 $23,240.27 $23,699.58 N/A 6 4/5/2022 $46,939.85 $23,171.54 $23,768.31 N/A 7 5/5/2022 $46,939.85 $23,102.61 $23,837.24 N/A 8 6/5/2022 $46,939.85 $23,033.48 $23,906.37 N/A 9 7/5/2022 $46,939.85 $22,964.15 $23,975.70 N/A 10 8/5/2022 $46,939.85 $22,894.62 $24,045.23 N/A 11 9/5/2022 $46,939.85 $22,824.89 $24,114.96 N/A 12 10/5/2022 $46,939.85 $22,754.96 $24,184.89 N/A 13 11/5/2022 $46,939.85 $22,684.82 $24,255.03 N/A 14 12/5/2022 $46,939.85 $22,614.48 $24,325.37 N/A 15 1/5/2023 $46,939.85 $22,543.94 $24,395.91 N/A 16 2/5/2023 $46,939.85 $22,473.19 $24,466.66 N/A 17 3/5/2023 $46,939.85 $22,402.24 $24,537.61 N/A 18 4/5/2023 $46,939.85 $22,331.08 $24,608.77 N/A 19 5/5/2023 $46,939.85 $22,259.71 $24,680.14 N/A 20 6/5/2023 $46,939.85 $22,188.14 $24,751.71 N/A 21 7/5/2023 $46,939.85 $22,116.36 $24,823.49 N/A 22 8/5/2023 $46,939.85 $22,044.37 $24,895.48 N/A 23 9/5/2023 $46,939.85 $21,972.18 $24,967.67 N/A 24 10/5/2023 $46,939.85 $21,899.77 $25,040.08 N/A 25 11/5/2023 $46,939.85 $21,827.15 $25,112.70 N/A 26 12/5/2023 $46,939.85 $21,754.33 $25,185.52 N/A 27 1/5/2024 $46,939.85 $21,681.29 $25,258.56 N/A 28 2/5/2024 $46,939.85 $21,608.04 $25,331.81 N/A 29 3/5/2024 $46,939.85 $21,534.58 $25,405.27 N/A 30 4/5/2024 $46,939.85 $21,460.90 $25,478.95 N/A 31 5/5/2024 $46,939.85 $21,387.01 $25,552.84 N/A 32 6/5/2024 $46,939.85 $21,312.91 $25,626.94 N/A 33 7/5/2024 $46,939.85 $21,238.59 $25,701.26 N/A 34 8/5/2024 $46,939.85 $21,164.06 $25,775.79 N/A 35 9/5/2024 $46,939.85 $21,089.31 $25,850.54 N/A 36 10/5/2024 $46,939.85 $21,014.34 $25,925.51 N/A 37 11/5/2024 $46,939.85 $20,939.16 $26,000.69 N/A tmp7629 A-1 85 09/28/2021 Item 4. 38 12/5/2024 $46,939.85 $20,863.76 $26,076.09 N/A 39 1/5/2025 $46,939.85 $20,788.13 $26,151.72 N/A 40 2/5/2025 $46,939.85 $20,712.29 $26,227.56 N/A 41 3/5/2025 $46,939.85 $20,636.23 $26,303.62 N/A 42 4/5/2025 $46,939.85 $20,559.95 $26,379.90 N/A 43 5/5/2025 $46,939.85 $20,483.45 $26,456.40 N/A 44 6/5/2025 $46,939.85 $20,406.73 $26,533.12 N/A 45 7/5/2025 $46,939.85 $20,329.78 $26,610.07 N/A 46 8/5/2025 $46,939.85 $20,252.61 $26,687.24 N/A 47 9/5/2025 $46,939.85 $20,175.22 $26,764.63 N/A 48 10/5/2025 $46,939.85 $20,097.60 $26,842.25 N/A 49 11/5/2025 $46,939.85 $20,019.76 $26,920.09 N/A 50 12/5/2025 $46,939.85 $19,941.69 $26,998.16 N/A 51 1/5/2026 $46,939.85 $19,863.40 $27,076.45 N/A 52 2/5/2026 $46,939.85 $19,784.88 $27,154.97 N/A 53 3/5/2026 $46,939.85 $19,706.13 $27,233.72 N/A 54 4/5/2026 $46,939.85 $19,627.15 $27,312.70 N/A 55 5/5/2026 $46,939.85 $19,547.94 $27,391.91 N/A 56 6/5/2026 $46,939.85 $19,468.51 $27,471.34 N/A 57 7/5/2026 $46,939.85 $19,388.84 $27,551.01 N/A 58 8/5/2026 $46,939.85 $19,308.94 $27,630.91 N/A 59 9/5/2026 $46,939.85 $19,228.81 $27,711.04 N/A 60 10/5/2026 $46,939.85 $19,148.45 $27,791.40 N/A 61 11/5/2026 $46,939.85 $19,067.85 $27,872.00 $6,547,250.11 62 12/5/2026 $46,939.85 $18,987.03 $27,952.82 $6,519,297.29 63 1/5/2027 $46,939.85 $18,905.96 $28,033.89 $6,491,263.40 64 2/5/2027 $46,939.85 $18,824.66 $28,115.19 $6,463,148.21. 65 3/5/2027 $46,939.85 $18,743.13 $28,196.72 $6,434,951.49 66 4/5/2027 $46,939.85 $18,661.36 $28,278.49 $6,406,673.00 67 5/5/2027 $46,939.85 $18,579.35 $28,360.50 $6,378,312.50 68 6/5/2027 $46,939.85 $18,497.11 $28,442.74 $6,349,869.76 69 7/5/2027 $46,939.85 $18,414.62 $28,525.23 $6,321,344.53 70 8/5/2027 $46,939.85 $18,331.90 $28,607.95 $6,292,736.58 71 9/5/2027 $46,939.85 $18,248.94 $28,690.91 $6,264,045.67 72 10/5/2027 $46,939.85 $18,165.73 $28,774.12 $6,235,271.55 73 11/5/2027 $46,939.85 $18,082.29 $28,857.56 $6,206,413.99 74 12/5/2027 $46,939.85 $17,998.60 $28,941.25 $6,177,472.74 75 1/5/2028 $46,939.85 $17,914.67 $29,025.18 $6,148,447.56 76 2/5/2028 $46,939.85 $17,830.50 $29,109.35 $6,119,338.21 77 3/5/2028 $46,939.85 $17,746.08 $29,193.77 $6,090,144.44 78 4/5/2028 $46,939.85 $17,661.42 $29,278.43 $6,060,866.01 79 5/5/2028 $46,939.85 $17,576.51 $29,363.34 $6,031,502.67 80 6/5/2028 $46,939.85 $17,491.36 $29,448.49 $6,002,054.18 tmp7629 A-2 86 09/28/2021 Item 4. 81 7/5/2028 $46,939.85 $17,405.96 $29,533.89 $5,972,520.29 82 8/5/2028 $46,939.85 $17,320.31 $29,619.54 $5,942,900.75 83 9/5/2028 $46,939.85 $17,234.41 $29,705.44 $5,913,195.31 84 10/5/2028 $46,939.85 $17,148.27 $29,791.58 $5,883,403.73 85 11/5/2028 $46,939.85 $17,061.87 $29,877.98 $5,853,525.75 86 12/5/2028 $46,939.85 $16,975.22 $29,964.63 $5,823,561.12 87 1/5/2029 $46,939.85 $16,888.33 $30,051.52 $5,793,509.60 88 2/5/2029 $46,939.85 $16,801.18 $30,138.67 $5,763,370.93 89 3/5/2029 $46,939.85 $16,713.78 $30,226.07 $5,733,144.86 90 4/5/2029 $46,939.85 $16,626.12 $30,313.73 $5,702,831.13 91 5/5/2029 $46,939.85 $16,538.21 $30,401.64 $5,672,429.49 92 6/5/2029 $46,939.85 $16,450.05 $30,489.80 $5,641,939.69 93 7/5/2029 $46,939.85 $16,361.63 $30,578.22 $5,611,361.47 94 8/5/2029 $46,939.85 $16,272.95 $30,666.90 $5,580,694.57 95 9/5/2029 $46,939.85 $16,184.01 $30,755.84 $5,549,938.73 96 10/5/2029 $46,939.85 $16,094.82 $30,845.03 $5,519,093.70 97 11/5/2029 $46,939.85 $16,005.37 $30,934.48 $5,488,159.22 98 12/5/2029 $46,939.85 $15,915.66 $31,024.19 $5,457,135.03 99 1/5/2030 $46,939.85 $15,825.69 $31,114.16 $5,426,020.87 100 2/5/2030 $46,939.85 $15,735.46 $31,204.39 $5,394,816.48 101 3/5/2030 $46,939.85 $15,644.97 $31,294.88 $5,363,521.60 102 4/5/2030 $46,939.85 $15,554.21 $31,385.64 $5,332,135.96 103 5/5/2030 $46,939.85 $15,463.19 $31,476.66 $5,300,659.30 104 6/5/2030 $46,939.85 $15,371.91 $31,567.94 $5,269,091.36 105 7/5/2030 $46,939.85 $15,280.36 $31,659.49 $5,237,431.87 106 8/5/2030 $46,939.85 $15,188.55 $31,751.30 $5,205,680.57 107 9/5/2030 $46,939.85 $15,096.47 $31,843.38 $5,173,837.19 108 10/5/2030 $46,939.85 $15,004.13 $31,935.72 $5,141,901.47 109 11/5/2030 $46,939.85 $14,911.51 $32,028.34 $5,109,873.13 110 12/5/2030 $46,939.85 $14,818.63 $32,121.22 $5,077,751.91 11.1 1/5/2031 $46,939.85 $14,725.48 $32,214.37 $5,045,537.54 112 2/5/2031 $46,939.85 $14,632.06 $32,307.79 $5,013,229.75 113 3/5/2031 $46,939.85 $14,538.37 $32,401.48 $4,980,828.27 114 4/5/2031 $46,939.85 $14,444.40 $32,495.45 $4,948,332.82 115 5/5/2031 $46,939.85 $14,350.17 $32,589.68 $4,915,743.14 116 6/5/2031 $46,939.85 $14,255.66 $32,684.19 $4,883,058.95 117 7/5/2031 $46,939.85 $14,160.87 $32,778.98 $4,850,279.97 118 8/5/2031 $46,939.85 $14,065.81 $32,874.04 $4,817,405.93 119 9/5/2031 $46,939.85 $13,970.48 $32,969.37 $4,784,436.56 120 10/5/2031 $46,939.85 $13,874.87 $33,064.98 $4,751,371.58 121 11/5/2031 $46,939.85 $13,778.98 $33,160.87 $4,718,210.71 122 12/5/2031 $46,939.85 $13,682.81 $33,257.04 $4,684,953.67 123 1/5/2032 $46,939.85 $13,586.37 $33,353.48 $4,651,600.19 tmp7629 A-3 87 09/28/2021 Item 4. 124 2/5/2032 $46,939.85 $13,489.64 $33,450.21 $4,618,149.98 125 3/5/2032 $46,939.85 $13,392.63 $33,547.22 $4,584,602.76 126 4/5/2032 $46,939.85 $13,295.35 $33,644.50 $4,550,958.26 127 5/5/2032 $46,939.85 $13,197.78 $33,742.07 $4,517,216.19 128 6/5/2032 $46,939.85 $13,099.93 $33,839.92 $4,483,376.27 129 7/5/2032 $46,939.85 $13,001.79 $33,938.06 $4,449,438.21 130 8/5/2032 $46,939.85 $12,903.37 $34,036.48 $4,415,401.73 131 9/5/2032 $46,939.85 $12,804.67 $34,135.18 $4,381,266.55 132 10/5/2032 $46,939.85 $12,705.67 $34,234.18 $4,347,032.37 133 11/5/2032 $46,939.85 $12,606.39 $34,333.46 $4,312,698.91 134 12/5/2032 $46,939.85 $12,506.83 $34,433.02 $4,278,265.89 135 1/5/2033 $46,939.85 $12,406.97 $34,532.88 $4,243,733.01 136 2/5/2033 $46,939.85 $12,306.83 $34,633.02 $4,209,099.99 137 3/5/2033 $46,939.85 $12,206.39 $34,733.46 $4,174,366.53 138 4/5/2033 $46,939.85 $12,105.66 $34,834.19 $4,139,532.34 139 5/5/2033 $46,939.85 $12,004.64 $34,935.21 $4,104,597.13 140 6/5/2033 $46,939.85 $11,903.33 $35,036.52 $4,069,560.61 141 7/5/2033 $46,939.85 $11,801.73 $35,138.12 $4,034,422.49 142 8/5/2033 $46,939.85 $11,699.83 $35,240.02 $3,999,182.47 143 9/5/2033 $46,939.85 $11,597.63 $35,342.22 $3,963,840.25 144 10/5/2033 $46,939.85 $11,495.14 $35,444.71 $3,928,395.54 145 11/5/2033 $46,939.85 $11,392.35 $35,547.50 $3,892,848.04 146 12/5/2033 $46,939.85 $11,289.26 $35,650.59 $3,857,197.45 147 1/5/2034 $46,939.85 $11,185.87 $35,753.98 $3,821,443.47 148 2/5/2034 $46,939.85 $11,082.19 $35,857.66 $3,785,585.81. 149 3/5/2034 $46,939.85 $10,978.20 $35,961.65 $3,749,624.16 150 4/5/2034 $46,939.85 $10,873.91 $36,065.94 $3,713,558.22 151 5/5/2034 $46,939.85 $10,769.32 $36,170.53 $3,677,387.69 152 6/5/2034 $46,939.85 $10,664.42 $36,275.43 $3,641,112.26 153 7/5/2034 $46,939.85 $10,559.23 $36,380.62 $3,604,731.64 154 8/5/2034 $46,939.85 $10,453.72 $36,486.13 $3,568,245.51 155 9/5/2034 $46,939.85 $10,347.91 $36,591.94 $3,531,653.57 156 10/5/2034 $46,939.85 $10,241.80 $36,698.05 $3,494,955.52 157 11/5/2034 $46,939.85 $10,135.37 $36,804.48 $3,458,151.04 158 12/5/2034 $46,939.85 $10,028.64 $36,911.21 $3,421,239.83 159 1/5/2035 $46,939.85 $9,921.60 $37,018.25 $3,384,221.58 160 2/5/2035 $46,939.85 $9,814.24 $37,125.61 $3,347,095.97 161 3/5/2035 $46,939.85 $9,706.58 $37,233.27 $3,309,862.70 162 4/5/2035 $46,939.85 $9,598.60 $37,341.25 $3,272,521.45 163 5/5/2035 $46,939.85 $9,490.31 $37,449.54 $3,235,071.91 164 6/5/2035 $46,939.85 $9,381.71 $37,558.14 $3,197,513.77 165 7/5/2035 $46,939.85 $9,272.79 $37,667.06 $3,159,846.71 166 8/5/2035 $46,939.85 $9,163.56 $37,776.29 $3,122,070.42 tmp7629 A-4 8 _ 09/28/2021 Item 4. 167 9/5/2035 $46,939.85 $9,054.00 $37,885.85 $3,084,184.57 168 10/5/2035 $46,939.85 $8,944.14 $37,995.71 $3,046,188.86 169 11/5/2035 $46,939.85 $8,833.95 $38,105.90 $3,008,082.96 170 12/5/2035 $46,939.85 $8,723.44 $38,216.41 $2,969,866.55 171 1/5/2036 $46,939.85 $8,612.61 $38,327.24 $2,931,539.31 172 2/5/2036 $46,939.85 $8,501.46 $38,438.39 $2,893,100.92 173 3/5/2036 $46,939.85 $8,389.99 $38,549.86 $2,854,551.06 174 4/5/2036 $46,939.85 $8,278.20 $38,661.65 $2,815,889.41 175 5/5/2036 $46,939.85 $8,166.08 $38,773.77 $2,777,115.64 176 6/5/2036 $46,939.85 $8,053.64 $38,886.21 $2,738,229.43 177 7/5/2036 $46,939.85 $7,940.87 $38,998.98 $2,699,230.45 178 8/5/2036 $46,939.85 $7,827.77 $39,112.08 $2,660,118.37 179 9/5/2036 $46,939.85 $7,714.34 $39,225.51 $2,620,892.86 180 10/5/2036 $46,939.85 $7,600.59 $39,339.26 $2,581,553.60 181 11/5/2036 $46,939.85 $7,486.51 $39,453.34 $2,542,100.26 182 12/5/2036 $46,939.85 $7,372.09 $39,567.76 $2,502,532.50 183 1/5/2037 $46,939.85 $7,257.34 $39,682.51 $2,462,849.99 184 2/5/2037 $46,939.85 $7,142.26 $39,797.59 $2,423,052.40 185 3/5/2037 $46,939.85 $7,026.85 $39,913.00 $2,383,139.40 186 4/5/2037 $46,939.85 $6,911.10 $40,028.75 $2,343,110.65 187 5/5/2037 $46,939.85 $6,795.02 $40,144.83 $2,302,965.82 188 6/5/2037 $46,939.85 $6,678.60 $40,261.25 $2,262,704.57 189 7/5/2037 $46,939.85 $6,561.84 $40,378.01 $2,222,326.56 190 8/5/2037 $46,939.85 $6,444.75 $40,495.10 $2,181,831.46 191 9/5/2037 $46,939.85 $6,327.31 $40,612.54 $2,141,218.92 192 10/5/2037 $46,939.85 $6,209.53 $40,730.32 $2,100,488.60 193 11/5/2037 $46,939.85 $6,091.42 $40,848.43 $2,059,640.17 194 12/5/2037 $46,939.85 $5,972.96 $40,966.89 $2,018,673.28 195 1/5/2038 $46,939.85 $5,854.15 $41,085.70 $1,977,587.58 196 2/5/2038 $46,939.85 $5,735.00 $41,204.85 $1,936,382.73 197 3/5/2038 $46,939.85 $5,615.51 $41,324.34 $1,895,058.39 198 4/5/2038 $46,939.85 $5,495.67 $41,444.18 $1,853,614.21 199 5/5/2038 $46,939.85 $5,375.48 $41,564.37 $1,812,049.84 200 6/5/2038 $46,939.85 $5,254.94 $41,684.91 $1,770,364.93 201 7/5/2038 $46,939.85 $5,134.06 $41,805.79 $1,728,559.14 202 8/5/2038 $46,939.85 $5,012.82 $41,927.03 $1,686,632.11 203 9/5/2038 $46,939.85 $4,891.23 $42,048.62 $1,644,583.49 204 10/5/2038 $46,939.85 $4,769.29 $42,170.56 $1,602,412.93 205 11/5/2038 $46,939.85 $4,647.00 $42,292.85 $1,560,120.08 206 12/5/2038 $46,939.85 $4,524.35 $42,415.50 $1,517,704.58 207 1/5/2039 $46,939.85 $4,401.34 $42,538.51 $1,475,166.07 208 2/5/2039 $46,939.85 $4,277.98 $42,661.87 $1,432,504.20 209 3/5/2039 $46,939.85 $4,154.26 $42,785.59 $1,389,718.61 tmp7629 A-5 89__, 09/28/2021 Item 4. 210 4/5/2039 $46,939.85 $4,030.18 $42,909.67 $1,346,808.94 211 5/5/2039 $46,939.85 $3,905.75 $43,034.10 $1,303,774.84 212 6/5/2039 $46,939.85 $3,780.95 $43,158.90 $1,260,615.94 213 7/5/2039 $46,939.85 $3,655.79 $43,284.06 $1,217,331.88 214 8/5/2039 $46,939.85 $3,530.26 $43,409.59 $1,173,922.29 215 9/5/2039 $46,939.85 $3,404.37 $43,535.48 $1,130,386.81 216 10/5/2039 $46,939.85 $3,278.12 $43,661.73 $1,086,725.08 217 11/5/2039 $46,939.85 $3,151.50 $43,788.35 $1,042,936.73 218 12/5/2039 $46,939.85 $3,024.52 $43,915.33 $999,021.40 219 1/5/2040 $46,939.85 $2,897.16 $44,042.69 $954,978.71 220 2/5/2040 $46,939.85 $2,769.44 $44,170.41 $910,808.30 221 3/5/2040 $46,939.85 $2,641.34 $44,298.51 $866,509.79 222 4/5/2040 $46,939.85 $2,512.88 $44,426.97 $822,082.82 223 5/5/2040 $46,939.85 $2,384.04 $44,555.81 $777,527.01 224 6/5/2040 $46,939.85 $2,254.83 $44,685.02 $732,841.99 225 7/5/2040 $46,939.85 $2,125.24 $44,814.61 $688,027.38 226 8/5/2040 $46,939.85 $1,995.28 $44,944.57 $643,082.81 227 9/5/2040 $46,939.85 $1,864.94 $45,074.91 $598,007.90 228 10/5/2040 $46,939.85 $1,734.22 $45,205.63 $552,802.27 229 11/5/2040 $46,939.85 $1,603.13 $45,336.72 $507,465.55 230 12/5/2040 $46,939.85 $1,471.65 $45,468.20 $461,997.35 231 1/5/2041 $46,939.85 $1,339.79 $45,600.06 $416,397.29 232 2/5/2041 $46,939.85 $1,207.55 $45,732.30 $370,664.99 233 3/5/2041 $46,939.85 $1,074.93 $45,864.92 $324,800.07 234 4/5/2041 $46,939.85 $941.92 $45,997.93 $278,802.14 235 5/5/2041 $46,939.85 $808.53 $46,131.32 $232,670.82 236 6/5/2041 $46,939.85 $674.75 $46,265.10 $186,405.72 237 7/5/2041 $46,939.85 $540.58 $46,399.27 $140,006.45 238 8/5/2041 $46,939.85 $406.02 $46,533.83 $93,472.62 239 9/5/2041 $46,939.85 $271.07 $46,668.78 $46,803.84 240 10/5/2041 $46,939.85 $136.01 $46,803.84 $0.00 Grand Totals $11,265,564.00 $3,157,564.00 $8,108,000.00 tmp7629 A-6 90 09/28/2021 Item 4. CERTIFICATE FOR RESOLUTION On September 27, 2021, we, the undersigned officers of Wylie Economic Development Corporation(the"Corporation"), hereby certify as follows: 1. The Board of Directors of the Corporation convened in Regular Meeting on September 15, 2021 at the designated meeting place, and the roll was called of the duly constituted officers and members of said Board of Directors, to wit: Demond Dawkins President Melisa Whitehead Vice President Gino Mulliqi Secretary Tim Gilchrist Treasurer Blake Brininstool Member Matthew Porter Mayor, Ex-Officio Member Chris Holsted City Manager, Ex-Officio Member and all of said persons were present, except the following absentees: Tim Gilchrist, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION NO. 2021-02(R) RESOLUTION OF THE BOARD OF DIRECTORS OF WYLIE ECONOMIC DEVELOPMENT CORPORATION REGARDING A LOAN IN THE PRINCIPAL AMOUNT OF $8,108,000. was duly introduced for the consideration of said Board of Directors and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion carrying with it the adoption of said Resolution,prevailed and carried by the following vote: AYES: All members of the Board of Directors shown present above voted "Aye" except as shown below. NOES: ABSTAIN: 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said Board of Directors' minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said Board of Directors' minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and tmp84CF 91 09/28/2021 Item 4. acting officers and members of said Board of Directors as indicated therein; that each of the officers and members of said Board of Directors was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said Meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the President of the Board of Directors of the Corporation has approved and hereby approves the aforesaid Resolution; that the President and the Secretary of said Corporation have duly signed said Resolution; and that the President and the Corporation Secretary of said Corporation hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. tmp84CF EDC RESOLUTION(SERIES 2021) 92 09/28/2021 Item 4. Signed on the date first written above. Gino Mulliqi Demond Dawkins Secretary, Board of Directors President, Board of Directors tmp84CF EDC RESOLUTION(SERIES 2021) 93 09/28/2021 Item 4. RESOLUTION NO. 2021-02(R) RESOLUTION OF THE BOARD OF DIRECTORS OF THE WYLIE ECONOMIC DEVELOPMENT CORPORATION REGARDING A LOAN IN THE PRINCIPAL AMOUNT OF $8,108,000.00. WHEREAS, The WYLIE ECONOMIC DEVELOPMENT CORPORATION ("Borrower") proposes to enter into a Loan Agreement dated as of October 5, 2021 (as amended, restated, supplemented and/or otherwise modified, the "Loan Agreement"), with Government Capital Corporation, as lender ("Lender") to enable the Corporation to (1) finance the purchase of certain real property (the "Property") in the City of Wylie, Texas (the "City") for economic develop purposes, and (2) pay costs of issuing the loan, and as security for the payment of the principal of and interest thereon, the Borrower has agreed to pledge its Economic Development Sales and Use Tax. All capitalized terms used herein, but not otherwise defined herein, shall have the meaning ascribed to such term in the Loan Agreement. WHEREAS, the proposed form of the Loan Agreement, the Series 2021 Note (as defined in the Loan Agreement) and the Sales Tax Remittance Agreement (as defined in the Loan Agreement) have been presented to this meeting. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE WYLIE ECONOMIC DEVELOPMENT CORPORATION AS FOLLOWS: Section 1. The Board of Directors agrees to enter into the Loan Agreement, Series 2021 Note and the Sales Tax Remittance Agreement to finance the cost of the Property in the amount of$8,108,000.00 at an interest rate agreed upon by the Lender and the Borrower on the date of execution of the execution of the Series 2021 Note, the Loan Agreement and the Sales Tax Remittance Agreement and, in order to secure the principal and interest on the Series 2021 Note, to pledge its Economic Development Sales and Use Tax. Section 2. That any one or more of the Authorized Officers of the Borrower listed in Section 3 below be, and each of them hereby is, authorized to execute, acknowledge and deliver in the name and on behalf of Borrower to the Lender the Loan Agreement, including all attachments and exhibits thereto, the Series 2021 Note and the Sales Tax Remittance Agreement. The Loan. Agreement, Series 2021 Note and Sales Tax Remittance Agreement shall be in substantially the form presented to this meeting with such changes as the signing officer shall determine to be advisable. Further, said Authorized Officers are authorized to execute, acknowledge and deliver in the name and on behalf of the Borrower any other agreement, instrument, certificate, representation and document, and to take any other action as may be advisable, convenient or necessary to enter into such Loan Agreement, Series 2021 Note and Sales Tax Remittance Agreement; the execution thereof by any such Authorized Officer shall be conclusive as to such determination. tmp84CF EDC RESOLUTION(SERIES 2021) 94 09/28/2021 Item 4. Section 3. That for the purpose of this resolution, the following persons, or the persons holding the following positions, are "Authorized Officers" duly authorized to enter into the transaction contemplated by this resolution in the name and on behalf of Borrower: Name Title Demond Dawkins President Melisa Whitehead Vice-President Tim Gilchrist Treasurer Gino Mulliqi Secretary Blake Brininstool Board Member Section 4. That there is hereby authorized the execution and delivery by the Authorized Officers or any one of them in the name of and on behalf of Borrower the Loan Agreement, including all attachments and exhibits thereto, the Series 2021 Note and the Sales Tax Remittance Agreement in substantially the form presented to this meeting with such changes as the signing officer shall determine advisable, and the execution thereof shall be conclusive as to such determination. Section 5. That this Resolution shall take effect immediately. PASSED AND ADOPTED this 27th day of September 2021. WYLIE ECONOMIC DEVELOPMENT CORPORATION By: Demond Dawkins, President ATTEST: By: Gino Mulliqi, Secretary tmp84CF EDC RESOLUTION(SERIES 2021) 95 09/28/2021 Item 4. GENERAL CERTIFICATE OF CORPORATION SERIES 2021 NOTE We, the undersigned duly authorized officers of the Board of Directors of the WYLIE ECONOMIC DEVELOPMENT CORPORATION (the "Corporation") acting in our official capacities as such, hereby certify with respect to the Loan Agreement dated as of September 29, 2021, (as amended, restated, supplemented and/or otherwise modified, the "Loan Agreement") by and between Corporation and Government Capital Corporation authorizing the Corporation's Series 2021 Note (as defined in the Loan Agreement), as follows: 1. That the Corporation is a nonprofit economic development corporation, validly created by the City of Wylie, Texas (the "City") under Chapters 501, 502 and 504, Local Government Code, as amended (formally Section 4A of the Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes Annotated, as amended) (the "Act") and existing under the Act, and the laws and the Constitution of the State of Texas and is a governmental agency thereof. All capitalized terms used herein shall have the meanings set forth for such terms in the Loan Agreement unless the context clearly indicates otherwise. 2. That as of the date of approval of the Loan Agreement by the Corporation, the following named persons constitute the members of the Board of Directors of Corporation: NAME TITLE Demond Dawkins President Melisa Whitehead Vice President Gino Mulliqi Secretary Tim Gilchrist Treasurer Blake Brininstool Member Matthew Porter Mayor, Ex-Officio Member Chris Hoisted City Manager, Ex-Officio Member 3. The proceeds of the Series 2021 Note will be used to purchase real property located at 802 W Kirby Street, Wylie, Texas 75098 and to refinance prior outstanding debt of the Corporation (the"Project"). 4. The Board of Directors of the Corporation duly adopted by a majority vote a resolution (the "Resolution") authorizing and approving the entering into the Loan Agreement, at a duly called public meeting, at which a quorum was present and acting throughout; the Resolution is in full force and effect and has not been altered, amended or repealed as of the date hereof; that said meeting was duly called and open to the public in accordance with the laws of the State of Texas. The Resolution was considered and approved by the City Council of the City by resolution on September 28, 2021. 4. The following described instruments (collectively, the "Instruments"), as executed and delivered or authorized by the Corporation, are in substantially the same form and text as copies of such Instruments which were before and were approved or ratified by the Board tmpC284 96 09/28/2021 Item 4. of Directors of the Corporation, and which the officers of the Corporation were authorized to execute and deliver for and on behalf of the Corporation: (a) the Loan Agreement; (b) the Series 2021 Note in the principal amount of$8,108,000.00; and (c) the Sales Tax Remittance Agreement. 5. To the best knowledge of the undersigned, on the date hereof, the Corporation is not in default in the perfoiiiiance or observance of any of the covenants, conditions, agreements or provisions of the Instruments. 6. The representations and warranties of the Corporation contained in the Instruments are correct on and as of the date hereof as though made on and as of such date. 7. No litigation is pending or, to the best of Corporation's knowledge, threatened in any court to restrain or enjoin the execution and delivery of the Loan Agreement or the Note, or the levy and collection of the Economic Development Sales and Use Tax or the pledge thereof, or contesting or affecting the adoption and validity of the Resolution or the authorization, execution and delivery of the Instruments, or contesting the powers of the Board of Directors of the Corporation. TMPC284 EDC GENERAL CERTIFICATE(SERIES 2021) 97 09/28/2021 Item 4. IN WITNESS WHEREOF, we have duly executed this certificate on the date first written above. WYLIE ECONOMIC DEVELOPMENT CORPORATION By: Demond Dawkins, President ATTEST: By: Gino Mulliqi, Secretary TMPC284 EDC GENERAL CERTIFICATE(SERIES 2021) 98__.