Loading...
10-08-2024 (City Council) Agenda PacketCALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS & RECOGNITIONS PRl. Fire Prevention Week. PR2. Domestic Violence Awareness Month. PR3. Breast Cancer Awareness Month. 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 ConsentAgenda 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 24, 2024 Regular City Council Meeting minutes. B. Consider, and act upon, Ordinance No. 2024-33 amending Ordinance No. 2024-25, which established the budget for fiscal year 2024-2025; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. C. Consider, and act upon, the approval for the purchase of one Charcoal Gray 2024 Lenco BearCat Armored Vehicle for the Police SWAT Team with an estimated total cost of $317,939 and authorizing the City Manager to execute any and all necessary documents. Q. Consider, and act upon, the approval of the purchase of three Chevy Colorado trucks for Code Enforcement, one Chevy Silverado for Utility Billing, and one Chevy Silverado for Parks and Recreation from Caldwell County Chevrolet LLC through a cooperative purchasing agreement with BuyBoard, and authorizing the City Manager to execute any and all necessary documents. E. Consider, and act upon, a Preliminary Plat for College Park, creating 88 lots on 25.037 acres, generally located near 605 Country Club Road. F. Consider, and place on file, the Animal Shelter Advisory Board report to City Council. a e�1 FEI EXECUTIVE SESSION Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING. If 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. ES1. Receive legal advice from the City Attorney regarding Trinity Valley Ranch, LLC v. City of Wylie, Cause No. 493-02900-2024 pending in the 493rd District Court. Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. ES2. City Engineer Interviews. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. REGULAR AGENDA 1. Consider, and act upon, appointment of City Engineer. 2. Hold a Public Hearing, consider, and act upon, the writing of an ordinance for a change in zoning from Commercial Corridor (CC) to Commercial Corridor - Special Use Permit (CC -SUP) on 1.483 acres to allow for a drive -through restaurant use. Property located at 902 W. FM 544 (ZC 2024-03). 3. Consider, and act upon, Ordinance No. 2024-34 amending Wylie's Code of Ordinances, Ordinance No. 2021- 17, as amended, Chapter 18 (Animals), Article I (In General), Section 18-6 (Impoundment, redemption, and disposition of animals), Subsections (a)(2) and (d)(1)(b) to amend impoundment, redemption, and disposition of animals; providing for repealing, savings and severability clauses and providing for an effective date of this ordinance. 4. Consider, and act upon, Ordinance No. 2024-35 setting the time and place for all regular City Council Meetings in the 2025 calendar year. WORK SESSION WS1. Discuss potential changes to the City Charter for a future Charter Amendment Election. RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION a e 12 FEI 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. ES3. Consider the sale or acquisition of properties located at Brown/Eubanks, FM 544/Cooper, FM 544/Sanden, Jackson/Oak, Regency/Steel, 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). ES4. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2021-4b, 2022-lb, 2022-1c, 2022-10c, 2023- lc, 2023-2d, 2023-11a, 2023-1lb, 2024-2d, 2024-4e, 2024-5a, 2024-7a, 2024-7b, 2024-7e, 2024-8a, 2024- 8b, 2024-8c, 2024-8d, 2024-9b, 2024-9c, 2024-9d, and 2024-9e. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. rXark ► \ \L 7 CERTIFICATION I certify that this Notice of Meeting was posted on October 4, 2024 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. 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: a e 13 FEI 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. a e 14 FEI 1010812024 it,, A. 1A1 N CITY OF WYLIE Department: Prepared By: City Secretary Stephanie Storm Account Code: Wylie City Council I and act upon, approval of September 24, 2024 Regular City Council Meeting minutes. to approve the Item as presented. minutes are attached for your consideration. F01 1010812024 it,, A. Wylie City Council Regular Meeting Minutes September 24, 2024 — 6:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 JAI, CITY OF WYLIE CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:08 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Dave Strang, Mayor pro tem Jeff Forrester, Councilman Sid Hoover, Councilman Scott Williams, and Councilman Gino Mulliqi. Staff present included: Deputy City Manager Renae 011ie; Fire Chief Brandon Blythe; Marketing and Communications Director Craig Kelly; City Secretary Stephanie Storm; Assistant Police Chief Tommy Walters; Parks and Recreation Director Carmen Powlen; Community Services Director Jasen Haskins; Library Director Ofilia Barrera; Finance Director Melissa Brown; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor pro tem Forrester led the invocation and Councilman Mulliqi led the Pledge of Allegiance. PRESENTATIONS & RECOGNITIONS PRl. Manufacturing Day. Mayor Porter presented a proclamation proclaiming October 4, 2024, as Manufacturing Day in Wylie, Texas. Members of the Wylie Economic Development Corporation, Glen Echo Brewery, Wylie ISD, Sanden International, SandsRx Pharmacy, Cates Control Systems, Helm Dental Laboratory, Deanan Gourmet Popcorn, and Wylie Area Chamber of Commerce were present to accept the Proclamation. PR2. Hispanic Heritage Month. Mayor Porter presented a proclamation proclaiming September 15 through October 15, 2024, as Hispanic Heritage Month in Wylie, Texas. 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. Doug Jones, representing Trinity Valley Ranch, addressed the Council with concerns regarding the McMillen Road project on their business. CONSENT AGENDA All matters listed under the ConsentAgenda 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 ConsentAgenda and will be considered separately. Flage 11 FUI 1010812024 it,, A. A. Consider, and act upon, approval of September 10, 2024 Regular City Council Meeting minutes. B. Consider, and act upon, the approval of Agreement No. W2025-02 with Midwest Tape, LLC for use of their Hoopla digital media platform for the Library in an estimated annual amount of $50,000 through a cooperative purchasing contract with Texas SmartBuy. C. Consider, and act upon, the approval of Agreement No. W2025-03 with OverDrive for use of their eBook and Downloadable Audio content for the Library, in an estimated amount of $50,000 through a cooperative purchasing contract with BuyBoard. D. Consider, and act upon, Ordinance No. 2024-29 for a change in zoning from Commercial Corridor (CC) to Commercial Corridor - Special Use Permit (CC -SUP) on 18.754 acres to allow for drone delivery service for Walmart. Property located at 2050 N. State Highway 78 (ZC 2024-05). E. Consider, and act upon, approval of the Non -Profit Park Event Application from the Watkins PTA for the Jingle Bell Jog 5K and Fun Run/Walk at Founders Park on December 7, 2024. F. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of August 31, 2024. G. Consider, and act upon, approving the Debt Management Policy. H. Consider, and act upon, approving the Financial Management Policies. I. Consider, and act upon, Resolution No. 2024-25(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. J. Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for August 31, 2024. K. Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2024. L. Consider, and act upon, Ordinance No. 2024-30 amending Ordinance No. 2023-39, which established the budget for fiscal year 2023-2024; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Mayor Porter requested Items A, G, H, and L be pulled from the Consent Agenda and considered individually. Council Action A motion was made by Councilman Mulligi, seconded by Councilman Williams, to approve Consent Agenda Items B-F and I-K as presented. A vote was taken and the motion passed 7-0. L�C111111:\�� \ 1 A. Consider, and act upon, approval of September 10, 2024 Regular City Council Meeting minutes. Staff Comments City Secretary Storm addressed the Council stating the Junior Mayor from the August 27, 2024 City Council meeting was inadvertently listed under Call to Order in the September 10, 2024 City Council meeting minutes and should be removed. Flage 12 FEI 1010812024 it,, A. Council Action A motion was made by Councilman Duke, seconded by Councilman Strang, to approve Item. A with the amendment. A vote was taken and the motion passed 7-0. G. Consider, and act upon, approving the Debt Management Policy. Council Comments Mayor Porter requested Finance Director Brown give an overview of the Debt Management Policy. Brown provided an overview. Council Action A motion was made by Councilman Williams, seconded by Mayor pro tem Forrester, to approve Item G as presented. A vote was taken and the motion passed 7-0. H. Consider, and act upon, approving the Financial Management Policies. Council Comments Mayor Porter requested Finance Director Brown give an overview of the Financial Management Policies. Brown provided an overview. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Williams, to approve Item H as presented. A vote was taken and the motion passed 7-0. L. Consider, and act upon, Ordinance No. 2024-30 amending Ordinance No. 2023-39, which established the budget for fiscal year 2023-2024; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Council Comments Mayor Porter clarified with Parks and Recreation Assistant Director Stowers that this is an amendment to the water budget due to the new dog park and the extensive field renovations at Founders Park and will not have an effect on citizens' water bills. Stowers confirmed that this is correct. Council Action A motion was made by Councilman Mulligi, seconded by Councilman Duke, to approve Item L as presented. A vote was taken and the motion passed 7-0. 1. Consider, and act upon, Ordinance No. 2024-31 amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 42 (Environment), Article II (Noise), Section 42-22(5) (Prohibited Acts; Enumeration); to include federal holidays in which construction is generally prohibited; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang, to approve Item 1 as presented. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Ordinance No. 2024-32 amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 66 (Library), Article I (In General), Section 66-3 (Refusing to Pay Overdue Fine; Misdemeanor), and Appendix A (Comprehensive Fee Schedule), Section VIII (Public Library), Subsection A (Library Fees) to amend overdue fine, repeal extended use fees, add hotspot replacement fees, and amend meeting room fees; providing a savings/repealing clause, severability clause, penalty clause and an effective date; and providing for the publication of the caption hereof. Flage 13 FUI 1010812024 it,, A. Council Action A motion was made by Mayor pro tent Forrester, seconded by Councilman Williams, to approve Item 2 as presented. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2024-26(R) casting a nomination for a candidate(s) for the Board of Directors of the Rockwall Central Appraisal District. Council Action No action was taken by Council. 4. Consider, and act upon, Resolution No. 2024-27(R) casting a nomination for a candidate(s) for the Board of Directors of the Collin Central Appraisal District. Council Action No action was taken by Council. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-1). City Secretary Storm read the captions of Ordinance Nos. 2024-29, 2024-30, 2024-31, and 2024-32 into the official record. ADJOURNMENT A motion was made by Councilman Strang, seconded by Councilman Williams, to adjourn the meeting at 6:54 p.m. A vote was taken and the motion passed 7-0. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Flage 14 FEI 1010812024 Item B. Department: Prepared By: Finance Melissa Brown Wylie City Council Account Code: See Exhibit A rider, and act upon, Ordinance No. 2024-33 amending Ordinance No. 2024-25, which established the budget for fisca 2024-2025; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance to approve the Item as presented. tate Seized Funds managed by Wylie PD may only be used for equipment that will enhance Law Enforcement functions and ivestigations. This request is to utilize $147,939 from our Assigned Fund Balance to purchase a Bearcat Armored Vehicle. `he seized funds will be added to the $170,000 requested and approved for the FY 2025 budget for a total price of $31.7,939. assigned fund balance for law enforcement will decrease $147,939 and the unassigned fund balance for the General Fund not be affected. �J 1010812024 Item B. ORDINANCE NO. 2024-33 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2024-25, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2024- 2025; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2024-25 setting forth the Budget for Fiscal Year 2024-2025 beginning October 1, 2024, and ending September 30, 2025; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2024-2025 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2024-2025 Budget of the City of Wylie, Exhibit A, as heretofore adopted by Ordinance No. 2024-33, are completely adopted and approved as amendments to the said FY 2024-2025 Budget. SECTION II: All portions of the existing FY 2024-2025 Budget and Ordinance No. 2024-25, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub -division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, Ordinance No. 2024-33 Budget Amendment for Police Seized Funds: Armored Vehicle Page 1 of 2 �J 1010812024 Item B. nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 8th day of October, 2024. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Ordinance No. 2024-33 Budget Amendment for Police Seized Funds: Armored Vehicle Page 2 of 2 �J 1010812024 Item B. Budget Amendment Use of Police Seized Funds for Purchase of Armored Vehicle Exhibit A Fund Department Account Number Account Description Debit Credit 100 5211 58510 Motor Vehicles 147,939.00 General Fund 147,939.00 0.00 �J 1010812024 Item C. Department: Prepared By: Wylie City Council Purchasing Account Code: 110-5211-58510 Christopher Rodriguez er, and act upon, the approval for the purchase of one Charcoal Gray 2024 Lenco BearCat Armored Vehicle for SWAT Team with an estimated total cost of $317,939 and authorizing the City Manager to execute any and iry documents. to approve the Item as presented. Police Department (PD) is seeking approval for the purchase of one Charcoal Gray 2024 Lenco BearCat Armored Vehicle the Police SWAT Team with an estimated amount of $317,939, with $170,000 of the funds coming from the general fund $147,939 coming from seized funds. The vehicle is for the Police Department from Lenco Armored Vehicles through a perative purchasing agreement H-GAC-Ambulances, EMS and Other Special Service Vehicles. he City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative •ganization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government ode and, by doing so, satisfies any State Law requiring local governments to seek competitive bids for items. recommends the purchase of this vehicle from Lenco Armored Vehicles through a cooperative purchasing agreement "H-GAC-Ambulances, EMS and Other Special Service Vehicles. of Wylie No. W2025-01-I; HGAC AM10-23) �J 1010812024 Item D. IAI f'V Wylie City Council ITY OF WYLIE AGENDA REPORT 100-5313-58510 611-5715-58510 Department: Purchasing Account Code: 112-5614-58510 Prepared By: Kirby Krol insider, and act upon, the approval of the purchase of three Chevy Colorado trucks for Code Enforcement, one lverado for Utility Billing, and one Chevy Silverado for Parks and Recreation from Caldwell County Chevrolet LLC 1 cooperative purchasing agreement with BuyBoard, and authorizing the City Manager to execute any and all ne to approve the Item as presented. e Enforcement is seeking approval from the City Council for the purchase of three Chevy Colorado trucks in an estimated ,unt of $101,223.00. Two of these trucks will replace the current Code Enforcement trucks that are well past their lifespan, the third truck will be allocated to the new Code Enforcement position that was approved in the FY2025 budget. ity Billing is seeking approval from the City Council for the purchase of one Chevy Silverado truck that was approved in FY2025 budget in an estimated amount of $46,259.00 Parks and Recreation Department is seeking approval from the City Council for the purchase of one Chevy Silverado was approved in the FY2025 budget in an estimated amount of $53,984.00 to replace a previous vehicle for department City is authorized to purchase from a cooperative purchasing program with another local government or a local erative organization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local -rnment Code and, by doing so, satisfies any State Law requiring local governments to seek competitive bids for items. funds appropriated for these vehicles were approved in the most recent City budget. Staff recommends the purchase of trucks for Code Enforcement, Utility Billing, and the Parks and Recreation Department through a cooperative hasing agreement with BuyBoard as providing the best value to the City. City of Wylie No. W2025-12; BuyBoard No. 724-23) �J 1010812024 Item E. Department: Prepared By: Planning Jasen Haskins Account Code: Wylie City Council and act upon, a Preliminary Plat for College Park, creating 88 lots on 25.037 acres, generally located near Club Road. to approve the Item as presented. : Abdul Kan APPLICANT: GeoNav Surveying applicant has submitted a Preliminary Plat for College Park, a mixed use Planned Development containing 25.037 acres was approved by City Council in April 2024 (Ordinance No. 2024-1.0). The property is generally located near 605 Country Road. Preliminary Plat contains 50 single family detached lots, 32 single family attached, two commercial lots, and four HOA stained lots. ie Preliminary Plat shows the construction of four public streets and the extension of Washington Place. Access to ashington Place within the Presidential Estates Subdivision is restricted to emergency access and is enforced with a gate it will be provided with this development. plat dedicates the necessary rights -of -way and utility easements. Open space lots and easements including the alley for detached homes located on Lot 8X, Block C is to be maintained by the Home Owners Association. presented the Preliminary Plat is in compliance with the Planned Development and is consistent with the approved Zoning plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations and of Planned ;lopment Ordinance No. 2024-10. Approval is subject to additions and alterations as required by the City Engineering City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in rdance with Article 212, Section 212.0091 of the Texas Local Government Code. Commission voted 7-0 to recommend �J 1010812024 Item E. DE'V iIA TATT I I,, H LOTS 1 J PR[ SICEN m2LS11 J BLS: I, CTS 1 9 ESTATFT, BLK A � Ol 1 PE' — 'j ly - tlo Tsw o� tl �s.00 =tltl 71Ih o --— — T s BI-OCE A IN -III ,r f s�.. ,bc,,. r o _os.. -aA. n .c e, o�az e ,f.,e,� (_ y 5 _ z _ a of yet. , ,f * l l a Is , s f 19 i en tln �,�' -N — ,tlw =tltl a �C F tl FT- o <o Rdao . n tltlHa- u 1enw --_. - 2 ,1111 y€ II IAI(E RANCH Isf ee .. LOi 5 s ill O,"Tl 2 W— � E i l t s� 1 dAd s t �J 4 l� LNl 1 L T BLOCK 95 o&I e, tle_w AN1tl 71w7111 IA 71. sNP 71. ,tltl' tltltl �� I Ot ntl ltl a 11,n Ttltl otlh -11 I'll 1d It 3y,, _ _ «aE.a T , oe " sow 3o aro -u oa, 'o E l "__ 0 7. �_BLOC LOT2, i w w d I - P R(.W F I(� tt _ _ I / t a os>t�n, oN g tI— t 0 o R 6 -, 4` Ivs, r _� � ,., a � n � - s � ., � � ., ., �� � M N -� ,� - i D N � � .� M- � ., MS �o s 0 0 � h r � ,� ' �—� ' —NR � . I -- -07 8 ntlo w Tytl tltl la �1 , 4e n — ----._ — — WYLIE FIR_ STATIONlNO 2, — — f l BLK A, -01 1 top r) > „ N�nbe bed , o tlee� to 3eo, n .r 1 ) =s+ote s,tlme R.00DPLAIN NOTE' zo v,000_Ta s tzc e.T) o, q ore �o t � r s,. ae � etes o e be de os K R� � nrestme,., ua o n:o-tl Bosed upon y aphicol plotting the -b4 ,t A, to 'f d fh 'ooe X (u Add), Lang d f U s NE - / N1 - Illd 11- _ a� reco.aetl m fd'A' u 5' determined to L'e Cufside the 0[io a uo/ vou. e C, Page iTA p si is of C n (;ount>, ez.s a tl "n t,e w rq,t of q e .+f Fs ngnwny rvi. T3]g (a �o e .,dL'� rgnt o! �ay1 i. o c g, fed on Fl"d /n 'a Rote M p rumbeT 4608. C0415✓ d t d June 02, _Ori9 0,�2 e -, 0 .ha g g o cu.71, ,e co th g ho y eod,e o! 519, t[ one Ord bwr'nq a a tls[onc of S tY 0 degrees 44 --.es 11 se s 1111, 15491 fe ,, DETENlION_POND I'l Detanfion pond moll be —I—Ed by the H0A THE co ds o,d an arc g of ,s 55 reet o a h c, ra, od set ond Of co no d Fn_n g y o. 1378, and a y d rw tot g he y da,o o, 03 g s 0 mcuts - .. , d1/2 Sooth O, n s 3s ., e.a 0'] .era, tl nq ,h -- - - - H q'"ay Ne. ,3T$, a f f04.32 f¢el .o IN '.mil -t �' un t ct a d ,N wRs DOi', a i ann t'e r - a Eclote n ent LL .ntl the ,gginn'inq SCALE 1 = 6G of o u.,a to the ,aft ho g radius of 36a3.48 faet and ., c2.ortl beo y d N-nce of Ed- 00 d g _ a m�wlesR09 xacond., We,.. ,Pt, 6& ,eet, degrees eng. ,/2 o [Mace n� t, ee4 t-, cr, tt and t,e ,I,,h 1,,A of o t—A of 1.1 des to n a deed to 1h ,IA, os —11— 11 11111-1,1111N,mder Oft OC 8 (0 P ON I, I ) d,, o comer, tr- m nt .met and the no�th,. et eem", o etld y w, e, 15tanee n PRELIMINAR YPLAT n OOn stl' s0 sfn.l aogt =a tl au _ 9.. 0 /. on rotl PRELIIAOTMINARY thedold h"-t eo.ne �d 3eott a ,to, —, e eon Engineer: COISTRIC,oR COLLEGE PARK sR 6 00 00 a e I �oNN N REZNER Block A, Lots 1 16, Lot 17X; Block B Lots 1-28, 29X; PE 4 Block C Lots 1-6, 7X 8X; Block 1> Lots 1-14; TR e 98 Surveyor: Developer: Block F Lots 1 18, Block F. Lots 1-2 "( wrl'e 802, Lp , oe /fl „e otlthtl�as, enIVI�''7,1a GeoNav Surveying College Park, LLC Being 25.037 Acres in the or - - E®,1NFf lv„ �d 5900 S Lake Forest Dr, Ste 300 3410 Mideourt Rd, Ste 110 5411 Kingston Dr George W. Gunnell Survey, Abstract No. 351, k' Carrollton, TX 75006 Richardson, TX 75082 in the City of Wylie, Collin County, Texas L'I,.o o e s ,tl"n e3 eet of z., e�,e` ee e o a e,h' ITaN„ac McKinney, "C'X 75070 (972) 243-2409 (469) 870-6020 September 4, 2024 (972) 554-1100 TBPLS F rm No. 10194205 Contact: Or Abdul L ateef Khan Sheet 1 of 2 (NOT 70 SCALE) ( ) r z oe t ( , eyk eswt o osoef sc� o oso ' , o f osw, ,use , '� aso r (, ii f etle, ee,tl ,ew 11 tl e.,. ..w "1 IA— �Ptltl ,.,tltl d, _ ,ems f e � 5 Nton n m e , tl n dstl,, n wf � 9 aftl q�tlo, tl � o , r, tle, tle, n L 1010812024 Item E. N� w11,R- CI ge Pnr,, -_C 1 t 3 - er ,, a I'd, t 11 a'1 it. '+led t e ,e'. ',e1 .KII >u'r<v st nt o't 355, C'. n Cou'ty, I-- an'. ben, url a -.,Iqf a e t a t '-. e>� It 1_r T wx1- a _ P. a d � 4 L103f aLie t a t _. eye. 1. .r »Scott � � lo, lL and a 0..10 au'_ t ddt w ev tote y c. tt �e -Ohl -1 C, ,,,d c 4-900 aLi t a t -. >ed t. t T pan Ibds. R & m,d.l I Kra,, - c -11330 acre tract -,toyed to than by Ilk wyi P, Lb .,d be de cr " b "v. "r i.' ed b tbbIb �fSE121 bN. y r Y Be ny a 25.0372 a n. Gunne Sur c Co n Cou't _r LOt&J5300V0658260 o s Co n C0u =ty, s (OPR.GC"), a ct sl n c deed to uS e 3, IF as rument Numb 'exa 20130608000C,28c0, (O. P.R. CC'f) srd o. of o tract of 0nd deco bed o deed t It as de to LLC m ..cu d.A .st a �Mt Nub,, _Ot8..0-1376830, 2018110600.3C6890 (0.P P. CC. T) and a 0f o tract 0f and c. b.,d n o deed to L ..o. E ot_ vest.. e t. LLV, os rece dad n nstkment n mba 2�1 t2jIg26DD C3350 (K"'. R.CC 1r and b�ng m e p, t cu y c ba y e.e.. and bounds os fo o,vs. g g t a 1/2 rch ran rotl set a. the na Noos. comer at sad 1 Par d- L and t e .,ovthaost caner of Prasd-bd Esto` add.on to tta y Nyfe as .K-1.1 n Yawn. G g 3., d., Records o Cos w 1, - antl on tte wFs g a y e 01 EA g y o. 1378 (o vor ob A �, tI g of oy) for o comar, Begs s 2M1e east ,e of sa N' o t,ers [P a,o cn theWes, g c y , of sod TA g y o. 378 e -e of 210.17 et to 1/2 n M1 on od -- a[ the sout,ea. o.ner of La tl N Pe tn_ s and tM1 north- cc n o1 scd K,an d- III. bQqlllllllq a ury co t,e 11,11t M1e g ra f 29s, 9T eel a,d a cM1ord b e g ,d nsta,c_ o! rnlM1Sp1 d g ...note eco, n� x� 1 4 91 1-1 THENCE KI., tI, curt Iine of -d Kho, tract and th_ west g -oi- y e of -d Phl g y N.. 1378, a,d aIbhg id curve to tf., -,- ho g delta 01 03 g 01 m-td, 19 seconds antl a, arc1-gh o. 1t.95 fe.t to 0 1/2--1 Ira, rotl .,et for corru THENCE S-h 01 g s 41 n s 02 soco,ds I -I, KI., e eas: na c sad Khb, trod and ves g of 1 e m sad f4 hgh., N. 1375 o ds o,ce of 10932 apt to 5/8 ncF rcn otl found b t, p 4 TXDO M1e so Il t wr. e , se J hho, t oLt anJ s,e tOrthoost -h- of sod ALK R-I Es oto n,Lstm , 1P o,d tho g g fo c e tc tno ..ft g rods of 364348 eel o,d o 'HENCE td, - - f K,d ILK L-1 Estate r a on the ,vet or y e of rotl M I,ql 11,. -A antl o d w L IK h d .eft ro da to dl 03 a g , 0. ". -A 21 ,Lco �d,, o�tl o� o c g o1 198.'LI f_et to 0 1/2 nc ro .od met of t+L southeast come. of -d ILK I -I Estate .west. e t LL o..t - t e no. to ne or o l act ai ld,d d- bed o dced A Ct1 uI wAb ,s .-d-dad n ,strume„ Ncmter 9H 00380Tl. (O n. R.CCT), for a comer. THENCE South 89 d,.... 38 ., nu.e9 14 taLonds v,- a gth. s„a to 1,d, f so a ALK R-1 LLP tact, a,d oI, III, ,o ., ,e of saa Cdy Wyfa tc n dsta,ce of 162984 e , to 1/2 ran oa onna a, the sou.,,- ,.,.r er , -d ALI Ren. E.t n.estaeat .,c, aLd t,e ,ort,west co.n r or saa wN e tc , o c caner, T ENC- wnn OC, III,- 12 m 00 seaand Eosr, g 1111A of anaAl .ten Estate ..- en1 t-L -once or 19870 feet to 3/8 n n ran roa bk,1 It the north st ear, 01 s All f a Lstn stn ent tra the A-t, . - f sn I Resden-o, III, for o Lnm_r, t FN3F 110 11,111, Ab m t_c 51 seco ds Fat g e .cl ne of saa colt e, d . t o Ltt, t ct o a sl c.- 0f 1.5.48 Idt d, o 1/H-i,,h I _�Ihd n0l�we t c. o! ca a Scot . es,,ienl a. _.0 tract and th, , ,t - .. rn.r A i 1Ad Port . s. IP I,- L o cprn_i, THENCE 1-1 01 q s of m-t,s .,o seconds East. oI., tkb „ o. saidWId F.,I,I,. LP trotI o dstonce or .e.02 feet to 5/8 ncs ran rod dd- of th north,,- comar of soIVdb P rs, Ll tract ord the s,uth-d comar o saa ia. Esta.os, ror o comar. THENCE 1-1, 89 degrees 35 m bd 29 econds East, dId,K t wylbPartners,111 1- a,1 ties dt. - h sad A-ddd Fs a_ -a, d dsl I- of 16,31 feet tot _ p t ul ":.q in ig d" cpntan ng t 09(1, 618 Add e feet ur 21-.1 2 a. f antl, pre Term by a"d Ihrouen is (ts) du y out. o z�i o - dons ,crept p. opt t:-, p t de 9 ut 9 t =er.: bo _ de bk p' pe'ty -,+s _--- +n.'A,,,"" .o tee Cty of x1 e, " r v dd tor, u y aseT W y no area for ,se o cco Roaot o,. or v c ut de, g us or n q .same Lr ss me e sour nt rr.W t to cart ca, t .zs. saa u., y v � at to q bora o I. t cs and v NN Kare t .root � ,apt . ,a v v men s > Pocea n o. a v ear n ant,. Pv e > o r aanc e Cp p r-ybt to o e m t1L r eapece.e snt me sad e r menb. _ Illy ,f Wylb d a ,y e tteX s n at a. lure% a _ t _ 1, ",he o IhA PIkI pp _d l to F ting a diaon Les, rues Lons ana--I,t,oas of the Cky If d ,Texas I'Al'I OP III- g IOJN11 OF 10LI Id, § 9 v Y > V y V4 P ......... Given u,dd, my Idhd antl .,cal of office, this _ddy f 20� bu81!T Q 11 ul IuAT€ y Co moon txo es On ,ve y t ed t y, t,4 p ,,., on , act nce vet, tF tivs o, 0.t,anw 1 the y y f No and o,d t,ot tho comer -arum ,t s,ow, tteeor as sot -ATE Of TEXnS 9 CWNTI OF COLT IN § t n_ naI11111me - bsrs ned to ! 9o',q s ,c ana �LW o,. [o me t i . Xec.ted ine same for , p .and w, d at ons J re p scdt. - o be REC01s k-K 1.1 IIIAK\a4 Ing K Z g C m ciao Date � wNle. Te::os APFROVEO FOR -0-RUCT101- c,o _y It IbIL 11111b Dnte ICCIPTII:L- .I 1 undera9ned, the Cty Secretor) o` t C y Wylrry 2 feo 1at'.ne forego,q fno , Kt of ,he ........ ........... hdivis�on or add �o, to IM1e City wAle d tha a r n a� Down aid set o�t� n an p ,r p ,d C� rr- n,tr r d to y ate to k-e,tk1L,Arn er o y g PRELIMINARY y , .n4 Engineer: cols.11— JOHP eas9 ER 5900 S Lake Forest Dr, Ste 3G McKinney, TX 75070 (972)554-1100 (NOT TO SCALE) Surveyor: GeoNav Surveying 3410 Mideourt Rd, Ste 110 Carrollton, TX 75006 (972) 243-2409 TBPLS Firm No. 10194205 PRELIMINAR YPLAT COLLEGE PARK Block A. Lots 1 16, Lot 17X; Block B Lots 1-28, 21 Block C Lots 1-6, 7X, 8X; Block D Lots 1-14; Developer: Block F, Lots 1 18; Block F. Lots 1-2 College Park, LLC Being 25.037 Acres in the 5411 Kingston Dr George W. Gunnell Survey, Abstract No. 351, Richardson, TX 75082 in the City of Wylie, Collin County, Texas (469) 870-6020 September 4. 2024 Contact: Dr Abdul L ateef Khan Sheet 2 (of 2) L 1010812024 Item F. eiTv OF WYLIE Department: Animal Services Prepared By: Shelia Patton Account Code: Wylie City Council , and place on file, the Animal Shelter Advisory Board report to City Council. to approve the Item as presented. Animal Shelter Advisory Board met on August 14, 2024. The attached minutes and statistical reports were c)ved, and placed on file. This report is being submitted as required by City ordinance. �J 1 1010812024 Item F. I Minutes Regular Meeting May 8, 2024 — 6:00 pm 2 m!Ee-r-s' 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Dr. Brad Abraham called to order the Animal Shelter Advisory Board meeting at 6:03 p.m. Board members present Dr. Brad Abraham, Shelia Patton, Amber Porter, Jeff Forrester, and Joe Webb. Laurie Black and Susan Cranford are absent. Quorum is present. INVOCATION The invocation was given by Jeff Forrester. CITIZENS COMMENTS ON NON -AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non -agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate, or take action on any matter presented during citizen participation. FIVKHMMy"MIX" p) 0 1 1. Consider and act upon the Animal Shelter Advisory Board minutes of February 7, 2024. (ASAB Chair) Board Action A motion was made by Amber Porter to accept the Animal Shelter Advisory Board minutes of February 7, 2024, as presented. Jeff Forrester seconded to accept the Animal Shelter Advisory Board minutes of February 7, 2024, as presented. A vote was taken, and the motion passed unanimously. 2. Consider and place on file the 2024 first-quarter statistical information for shelter operations. (ASAB Chair) Minutes May 8, 2024 Animal Shelter Advisory Board Page 1 �J 1010812024 Item F. Board Action A motion was made by Jeff Forrester to accept and place on file the 2024 first-quarter statistical information for shelter operations, as presented. Amber Porter seconded to accept and place on file the 2024 first-quarter statistical information for shelter operations, as presented. A vote was taken, and the motion passed unanimously. WS1. Discuss the recommendations related to current and future facility needs. Shelia Patton stated that Shelter Planner of America (SPOA) has completed the needs assessment. She also said that, at the same time, we are moving forward with the renovation for the current shelter needs, and she wanted everyone to be aware that these are two different companies. She then asked the board if they had any questions. Jeff Forrester asked how long the renovations would extend the life of the current shelter. Shelia Patton stated it would give us a few years but wanted everyone to understand that the renovations were not adding any space for intake but would allow us to use that space more effectively. Jeff Forrester stated that he thinks it's important that SPOA agrees with the renovations and that the conversation should be about the future needs of Animal Services going forward. Amber Porter believes it's crucial to present to the City Council not just the need for space but also the need for the shelter to be more accessible and presentable to the public, which will increase visitors and adopters. Jeff Forrester agrees with Mrs. Porter. He added that the shelter should be visible and not shoved in a corner. We want people to come to the shelter. Joe Webb asked if a multiple -story building was a possibility. He stated it may help if the new building had to be built in phases. Shelia Patton said that SPOA did not recommend a multiple -story building and that she would seek advice about the shelter being built in phases. Motion was made by Amber Porter and seconded by Shelia Patton to adjourn the meeting. With no further business before the board, the board's consensus was to adjourn at 6:30 p.m. ATTEST: ;,, Shelia Patton, ASAB member Minutes May 8, 2024 Animal Shelter Advisory Board Page 2 ASAB Chair 1010812024 Item F. Animal Shelter Advisory Board Report April thru June 2024 Dogs Cats Others Total Impounds 129 30 59 218 Owner Surrender 0 0 0 0 Stray 102 13 12 127 Quarantine 15 1 0 16 Safe Keeping 1 0 0 1 DOA 11 13 31 55 Trapped by resident 0 3 16 19 Born at Shelter 0 0 0 0 Dispositions Dogs Cats Others Total Return to Owner 87 2 1 90 Adopted 33 3 0 36 Rescued 4 0 0 4 Euthanized 3 6 7 16 Other 1 01 01 201 20 Euthanasia Reason Behavioral 2 0 0 2 Medical 1 6 6 13 Policy- H.R.R.0 0 0 1 1 Wild Animal 0 0 0 0 Euthanasia for dogs 2.70% Euthanasia for cats Euthanasia for dogs & cats Dogs at facility at end of report: Dogs at facility at beginning of report: Cats at facility at end of report: Cats at facility at beginning of report: 35.29% total 7.03% 11 20 6 0 Euthanasia Rate for Facility April 1, 2024 thru June 30, 2024: Euthanasia Rate for Facility January 1, 2024 thru June 30, 2024: 7.03% 5.76% 1 1010812024 Item F. I Animal Shelter Advisory Board Report TNR April thru June 2024 Impounds [Trapped 14 Dispositions Euthanized 4 Released 7 Other 3 1 Available for adoption / 1 Adopted / 1 RTO Total. 14. Euthanasia Reason Behavioral 1 Medical 0 Policy- H.R.R.0 0 Wild Animal 0 Fel-V Animal Shelter Advisory Board Report TNR April thru June 2024 Impounds [Trapped 14 Dispositions Euthanized 4 Released 7 Other 3 1 Available for adoption / 1 Adopted / 1 RTO Total. 14. Euthanasia Reason Behavioral 0 Medical 0 Policy- H.R.R.0 0 Wild Animal 0 Fel-V 1010812024 Item 1. eiTv OF WYLIE Department: Prepared By: City Manager Stephanie Storm , and act upon, appointment of City Engineer. to appoint as City Engineer. Account Code: Wylie City Council IV (City Administration), Section 5 (City Engineer) of the City Charter states: A. Appointment and Qualifications. The city council, in consultation with the city manager, shall appoint a competent, duly qualified, registered and practicing professional engineer in the State of Texas who shall serve as city engineer. B. Removal. The city engineer shall serve at the pleasure of the city council and shall not have a property right to continued employment and may be removed by a vote of the city council. C. Duties. The city engineer shall be required to serve as engineering advisor to the city council and city manager, and perform such other duties as may be required by the city council or city manager. D. Limitation. The city council shall have the right to retain special engineering service at any time that it may deem necessary and appropriate. E. Compensation. The city engineer shall receive compensation as may be determined by the city council. F. Additional Engineers. The city engineer, with approval of the city council, may select additional engineers to act for him and the city in serving its engineering needs. G. Teen City Engineer. The term "city engineer" may refer to an individual or firm. El 1010812024 Item 2. Department: Prepared By: Planning Jasen Haskins Account Code: Wylie City Council Jold a Public Hearing, consider, and act upon, the writing of an ordinance for a change in zoning from Commercial Corridor CC) to Commercial Corridor - Special Use Permit (CC -SUP) on 1.483 acres to allow for a drive -through restaurant use 'roperty located at 902 W. FM 544 (ZC 2024-03). to approve the Item as presented. WNER: Wylie Economic Development Corporation APPLICANT: JP Engineering The applicant is requesting a Special Use Permit (SUP) on 1.483 acres to allow for a drive -through restaurant use within a 10,002 sf multi -tenant retail structure. The property is located at 902 W. FM 544. The current zoning is Commercial Corridor (CC). e Special Use Permit (SUP) conditions allows for the drive -through restaurant use and is requesting for the Zoning Exhibit act as the site plan for the development. Approval of the SUP shall act as site approval. Staff has reviewed the Site Plan J it meets all City requirements except for the landscaping as noted below. development is required to provide 53 parking spaces. The development is in compliance by providing 56 parking spaces three being ADA accessible. The development provides a 24 ft. fire lane that loops around the entire structure with ss to John Yeager Way, a named driveway. This named access drive allows for a connection to FM 544. he landscaping percentage is at 19.1%, which is 0.9% under the 20% requirement. The initial plans contained 20%, however loading space was required to be added as the commercial building is over 10,000 sq. ft. Staff and the developer discussed cluding the 20% landscaping with the loading space, but this was at the cost of three parking spaces. Staff s recommendation to allow for the 19.1% landscaped area to preserve the three parking spaces. The multi -tenant nature of this development arrants the need for parking and the landscaped area meeting the intent, if not the letter, of the Zoning Ordinance by •oviding a landscape buffer along FM 544 with tree plantings throughout the site. Sidewalks shall also be constructed along Vl 544 and John Yeager Way. building's exterior material consists of brick, stone veneer, and stucco with awnings along the tenant entrances. presented, this Zoning Exhibit is in compliance with the design requirements of the Zoning Ordinance. Approval of the development is subject to additions and alterations as required by the City Engineering Department. surrounding property to the west and north is undeveloped and owned by the Wylie Economic Corporation, being the property owner as the applicant of this SUP request. The property to the east contains a railroad. The property to the J 1010812024 Item 2. zth contains a multi -tenant retail building. There are 14 completed drive-thru restaurants within '/z mile (Fuzzy's Taco op, Burger King, Wendy's, Taco Bell, Arby's, Golden Chick, Chipotle, McDonalds, KFC, Taco Delite, Starbucks, Chick- -A, Whataburger, and Sonic). The site is located in the Regional Commercial sector of the future land use map and is lsistent with the existing surrounding development and land use classification of the comprehensive plan. otices were sent to 13 property owners within 200 feet as required by state law. At the time of posting, no responses were ceived in favor or in opposition of the request. Commission voted 7-0 to recommend approval. �J � �+M�►"� is ,� SUBJECT property 4 i..Railroad 0.1 0.2- 03 OA 0.5 Miles I I I_ I Data /2 /2 2 1010812024 Item 2. Vicinity Map Nis SITE DATA D e.. pt—, ,ass mg —"q opo -d RQmli/f—,—. L.ol Area_ taB3 .wcs (646'�') st Buli cirq Areus. � , ,< Lot Coverage; t�.aey Ouli tling I11egn{coy (26 6 .D - o _.- D-9u;�,aor.) o P-1, r,d Parking. - t r o ",o"/�Sq) — — 00 (1 2oo/100) — oc/ P—r Req —d Iota 47 S11ce1 Pa —q P—ded Total 56 Po kilg Sure, (3 A esshie Spares) Ll No, Landscape A—, rD� S 3 5 Wyl �a CPC, p PaPeavn dP �_t�.o ror .h� --11 S( OWNER' t. a ai 5 6%0 Dre ( ) Ph — Co�l ert ENGINEER ARCHITECT. ID Camp,`1Us c e Dr E PnD �eP1172) 17 coma« road oo� r — FM- 1010812024 Item 2. I I I I I I I ----------------- IOITH A v LANDSCAPE PLANTING PLAN ADDITIONAL MATERIALS: El LANDSCAPE NOTES: ,ED(,IIN TRAB"' IT - u., .1 -- TTI TIEvA. A - IDIT er!o%Re I. ,�FI as IMENI .+,R aERo wRaR as X ) P IEo w Ea ERIDE R F Low ,,aea R RR EE n R�19 NIT INITIIA AND YIFID 5��.-�a< mLw N'nossLra ro,L i_.q FBINA ANE�(� a I R, Rom, R..aE _awL��PEC.111 o I, EDR� R RLG ER NR1 ° N- RIII, 11 N lIEDI 5 a ,,L IL I/R' R � a, I aER,, , E 1 SAT III IIQTII RNas" v R, GTll IF ISIE L1 IOS R, R ANvRR TME LANRsITI1RFluRLsI.IE TA FL L, , R ,R „aaHE ,R E„L III EA III IANRAIA- .,F,,AT A, L'ABILIT11T RE ESEVES TIE DIALT IF III. ANY LINE FORREVIEW ONLY d' W_ w J F- ~ Q z s � J LU v z d F J < LIJ u_ O C) ui C] I— r z LLI Co o Q E- E— C.) IN 1010812024 Item 2. L 1010812024 Item 2. EXHIBIT `B" Conditions For Special Use Permit Albert Retail 4 Lot 2 Bloch A of 544 Gateway Addition This Special Use Permit shall be established to provide Commercial use, including restaurant w/ drive thru to support the economic growth within the region. IL GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations within the Code of Ordinance except as specifically provided herein. 2. This Special Use Permit shall not affect any regulations of the Commercial Corridor District (CC) set forth in Article 4, Section 4.1 of the Comprehensive Zoning Ordinance (adopted as of June 2023) III. SPECIAL CONDITIONS: 1. All allowed uses in the Commercial Corridor District (CC) set forth in Article 5 of the Comprehensive Zoning Ordinance (adopted as of June 2023), in addition to those listed in this paragraph shall be allowed by -right uses. a. Restaurant with Drive in or Drive -Through Service. 2. The Zoning Exhibit (Exhibit C) shall serve as the Site Plan for the above uses. Approval of the SUP shall act as site plan approval a. 19% percent landscaping shall be provided in lieu of 20%. Page 1 of 1 �J ZONING BOARD OF ADJUSTMENT CASE: ZC 2024-03 ammma SUBJECT property m 200 foot Notification Buffer 0 100 200 300 400 500 600 Feet I I I I I I I I I I I I I " �0 Y OF o WYLIE7Y Date: 8/26/2024�� 1010812024 Item 3. eiTv OF WYLIE Department: Animal Services Prepared By: Shelia Patton Account Code: Wylie City Council ider, and act upon, Ordinance No. 2024-34 amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amende( iter 18 (Animals), Article I (In General), Section 18-6 (Impoundment, redemption, and disposition of animals ections (a)(2) and (d)(1)(b) to amend impoundment, redemption, and disposition of animals; providing for repealing its and severability clauses and providing for an effective date of this ordinance. to approve the Item as presented ordinance provides owner absence impound requests by a peace officer or property owner, establishes circumstance, I keep time, and provides standards for disposition. The current ordinance does not include Wylie Fire Department for impound under circumstance, establish keep, disposition time, or method. is seeking to amend the current ordinance by adding verbiage to impound, extend customary keep time, and disposition rls impounded by an animal services officer at the request of Wylie Fire Department under defined owner absence instance. Sec. 1.8-6 (a) Impoundment (2) Owner's absence, by request of, WFD, when the home has been rendered citable due to a fire; Sec. 18-6 (d) Disposition (1) Time limits. b. 10 business day keep time for WFD requests to impound subsection (a)2. 1010812024 Item 3. ORDINANCE NO. 2024-34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE' S CODE OF ORDINANCES, ORDINANCE NO.2021-17, AS AMENDED, CHAPTER 18 (ANIMALS), ARTICLE I (IN GENERAL), SECTION 18-6 (IMPOUNDMENT, REDEMPTION, AND DISPOSITION OF ANIMALS), SUBSECTIONS (A)(2) AND (D)(1)(B) TO AMEND IMPOUNDMENT, REDEMPTION, AND DISPOSITION OF ANIMALS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") finds that it is necessary and in the public interest to ensure the health and humane treatment of animals and the public in the City of Wylie, Texas ("Wylie" or "City"); and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to amend Chapter 18 (Animals), Article I (General), Section 18-6 (Impoundment, redemption, and disposition of animals), Subsections (a)(2) and (d)(1)(b) of the Wylie' s Code of Ordinances, Ordinance No. 2021-17, as amended ("Code of Ordinances"); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Chapter 18(Animals), Article I (General), Section 1.8-6 (Impoundment, redemption, and disposition of animals), Subsections (a)(2) and (d)(1)(b) of the Wylie Code of Ordinances. Chapter 18 (Animals), Article I (General), Section 18-6 (Impoundment, redemption, and disposition of animals), Subsections (a)(2) and (d)(1)(b) is hereby amended as follows: "CODE OF ORDINANCES Chapter 18 — ANIMALS Article I — GENERAL Sec. 18-6. - Impoundment, redemption, and disposition of animals. (a) Impoundment. (2) Owner's absence. The animal services officer may impound an animal at the request of a peace officer, firefighter, or owner of the property where the animal is located when the owner of the animal has been arrested, hospitalized, is missing, has died, the home has been rendered inhabitable due to a fire, or when the owner is being lawfully evicted from his/her premises and there is no person present 17 years of age or older who will assume responsibility for the animal; (d) Disposition. (1) Time limits. Ordinance No. 2024-34 Amending Impoundment, redemption, and disposition of animals Page 1 of 2 �J 1010812024 Item 3. b. An animal impounded at the request of a firefighter, peace officer, or property owner as required by subsection (a)(2) of this section shall be kept for not less than ten business days unless earlier reclaimed by the owner or the owner's agent or euthanized as allowed by this chapter. SECTION 3: Penalty. Any person, firm, corporation, or entity violating this Ordinance shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined a sum not exceeding two thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing. All provisions of the Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its passage and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 8th day of October, 2024. Matthew Porter, Mayor ATTEST: Stephanie Storm, City Secretary Date of Publication: October 17, 2024, in the Wylie News Ordinance No. 2024-34 Amending Impoundment, redemption, and disposition of animals Page 2 of 2 J 1010812024 Item 4. eiTv OF WYLIE Department: Prepared By: City Secretary Mary Bradley Account Code: Wylie City Council , and act upon, Ordinance No. 2024-35 setting the time and place for all regular City Council Meetings in the 2025 to approve the Item as presented. icle III, Section 9 of the City of Wylie Home Rule Charter states that the City Council shall hold at least one regular eting each month and as many additional meetings as it deems necessary to transact the business of the City. The City uncil shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held the call of the mayor or a majority of the City Council members. ,y this Ordinance, the dates and times of all regular meetings in 2025 will be set. During the months of November and ►ecember one meeting per month has been scheduled due to the holidays. Please note, there is one change this year as fovember 11, 2025 is Veteran's Day; therefore, staff is proposing to move the meeting to the following Tuesday, November 8, 2025. Upon request of the Council, special called meetings and work sessions can be scheduled at any times designated y the City Council and posted in accordance with the Texas Open Meetings Act. �J 1010812024 Item 4. ORDINANCE NO. 2024-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY SETTING THE REGULAR CITY COUNCIL MEETING DATES FOR CALENDAR YEAR 2025 FOR THE CITY OF WYLIE, TEXAS; PROVIDING FOR SAVINGS, REPEALING AND SEVERANCE CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council normally meets on the 2nd and 4th Tuesday of each month; and WHEREAS, the City Charter requires the City Council to meet at least once each month; and WHEREAS, many citizens, City employees and elected officials take vacations or are unavailable during the holidays; and WHEREAS, the City Council finds it will be beneficial and in the best interests of the public to set forth its regular meeting dates for the calendar year 2025. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: The City Council of the City of Wylie, Texas, hereby determines that regular meetings will be held on the 2nd and 4th Tuesdays for the first ten months of 2025 (January through October), on the 3rd Tuesday in November 2025, and on the 2nd Tuesday in December which shall be on the following dates: January 14 and 28, 2025 February 11 and 25, 2025 March 11 and 25, 2025 April 8 and 22, 2025 May 13 and 27, 2025 June 10 and 24, 2025 July 8 and 22, 2025 August 12 and 26, 2025 September 9 and 23, 2025 October 14 and 28, 2025 November 18, 2025 December 9, 2025 SECTION 2: Nothing herein shall prohibit the City Council from canceling or changing the regular meeting dates established herein or from holding special or other meetings as allowed by law. SECTION 3: The City Council's regular meetings shall generally begin at 6:00 p.m. and are usually held at 300 Country Club Road, Building #100, Wylie, Texas in the City Council Chambers in City Hall; however, the exact time and location for each meeting shall be posted in accordance with the Texas Open Meetings Act. SECTION 4: Savings/ Repealing Clause. All provisions of any Ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting Ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or Ordinance No. 2024-35 Establishing Meeting Dates for CY2025 Page 1 of 2 1010812024 Item 4. phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 8th day of October, 2024. Matthew Porter, Mayor ATTEST TO: Stephanie Storm, City Secretary Ordinance No. 2024-35 Establishing Meeting Dates for CY2025 Page 2 of 2 �J 1 1010812024 Item WS1. i 1A1 N CITY OF WYLIE Department: Prepared By: City Manager Stephanie Storm Account Code: Wylie City Council potential changes to the City Charter for a future Charter Amendment Election. 1010812024 Item WS1. Wylie, Texas, Code of Ordinances PART ICHARTER PART I CHARTER' ARTICLE I. FORM OF GOVERNMENT AND BOUNDARIES Section 1. Form of Government. The municipal government provided in this Charter shall be known as the council-manager form of government. Under its provisions, the city council, consisting of the mayor and councilmen elected by and responsible to the people, shall appoint a city manager (who shall be responsible to the city council for the administration of the government of the city). All powers of the city shall be vested in the city council and shall be exercised in the manner prescribed by this Charter, or if the manner not be prescribed, then in such manner as may be prescribed by ordinance, the state constitution or the statutes of this state. Section 2. Boundaries of the City. The boundaries of the City of Wylie, Texas, are those heretofore established and now existing or those boundaries as may be changed by ordinances and proceedings of the city enacted in accordance with this Charter Section 3. Extension of Boundaries. The boundaries of the City of Wylie, Texas, may be enlarged and extended by the annexation of additional territory by any of the methods provided by applicable state law. Section 4. Contraction of Boundaries. The city council may, when it deems appropriate or in the best interest of the city, de -annex territory which has previously been a part of the incorporated city limits of the City of Wylie. The city council is empowered to act in this regard in any manner which is provided by state law or by individual ordinances or resolutions of the City of Wylie. ARTICLE II. POWERS OF THE CITY 'Editor's note(s)—Printed herein is the Home Rule Charter, as approved by the voters of Wylie on January 19, 1985. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. The Home Rule Charter committee was established by Ordinance No. 84-42 adopted on September 11, 1984. Ordinance No. 85-1 adopted on January 9, 1985, declared that the city had more than 5,000 inhabitants. Following the Charter election on January 19, 1985, Ordinance No. 85-3 adopted on January 21, 1985, canvassed the election returns and declared the results. The Charter election results were 102 for adoption of the Charter and 70 against adoption. Wylie, Texas, Code of Ordinances (Supp. No. 4, Update 1) Page 1 of 33 Created: 2024-06-10 10:45:30 [EST] 0 1010812024 Item WS1. Section 1. Powers of the City. The city shall have all powers and rights of self-government and home rule that exist now or may be granted to municipalities by the constitution and laws of the State of Texas. These powers and rights, whether expressed or implied, shall be exercised, administered and enforced in the interest and welfare of individuals and corporations residing in or owning property within the boundaries of the city as prescribed by this Charter, or in such manner as may be provided by resolution or ordinance of the city council. The powers hereby conferred upon the city shall include, but not be restricted to the powers expressly conferred and permitted by applicable law. The city shall have the power: A. To fix its boundaries, to annex adjoining territory with the consent of the inhabitants or owners of the territory to be annexed, to acquire and own property within or outside of its corporate boundaries. B. To have the full power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or by the constitution and laws of the State of Texas. The city may exercise the power of eminent domain in any manner authorized or permitted by the constitution and laws of this state. The power of eminent domain hereby conferred shall include the right of the city to take the fee in land so condemned and such power and authority shall include the right to condemn public property for such purposes. The city shall have and possess the power of condemnation for any municipal or public purposes even though not specifically enumerated in this Charter. C. To cooperate with the government of the United States or any agency thereof, the government of Texas or any agency thereof, or with the government of any county, city or political subdivision for any lawful purpose for the advancement of the interests, safety, convenience and welfare of its inhabitants. D. To contract and be contracted with, to sue and be sued, to buy, sell, lease, mortgage, hold, manage, and control such property as its interests require. E. To lay out, open, close, establish, alter, widen, lower, extend, grade, supervise, maintain, and improve streets, alleyways, and parks and regulate the use thereof, and require removal of all obstructions or encroachments of every nature and character upon said public streets, sidewalks, or other public property. F. To enact, establish and enforce codes and ordinances providing for planning and zoning within the city and provide for ordinances and codes dealing with the construction of improvements within the city. Section 2. Cost of Improvements. The cost of development or improvement of streets or water and sewer lines and other improvements as appropriate, may be paid partly or in full by assessments levied as a lien against property abutting thereon and against the owners thereof, and such assessments may be levied in any amount and under the procedure established by ordinance not prohibited by state law. ref Ar[a]4:111M1:Mall 1 MOM L1IsIlII Section 1. Number, Selection and Term. The legislative and governing body of the city shall consist of a mayor and six councilmen and shall be known as the "city council of the City of Wylie." (Supp. No. 4, Update 1) Page 2 of 33 Created: 2e24-e6-10 10:45:28 [EST] El 1010812024 Item WS1. The mayor and councilmen shall be elected by the qualified voters of the city at large, each of whom, unless sooner removed by the provisions of this Charter, shall serve for a term of three years. Each counc€Imam^ �. ,,* shall occupy a position on the city council, such positions being numbered 1 through 6, consecutively. All members of the city council, other than the mayor, shall be elected under the place system. The method of election and transition to three year terms under the place system will be as follows: Terms 2 yr. 3 yr. 2 yr. 3 yr. 3 yr. 2 yr. 2 yr. Places 1 2 3 4 5 6 Mayor 1999 1 3 5 2000 2 4 6 Mayor 2001 1 3 2002 5 6 Mayor 2003 2 4 2004 1 3 2005 5 6 Mayor 2006 2 4 2007 1 3 2008 5 6 Mayor Places 1, 3, and 5 will be up for re-election in 1999. Places 1 and 3 will have a two-year term, and Place 5 will have athree-year term. Places 2, 4, 6 and the Mayor will be up for re-election in 2000. Place 6 and the Mayor will have a two-year term and Places 2 and 4 will have a three-year term. Beginning in 2001, each Place, including the Mayor, will be re-elected with three-year terms. Section 2. Qualification of Members. In addition to any other qualifications prescribed by law, the mayor and each councilman shall meet the conditions of Article V, while in office, and shall reside within the city limits while in office. Any member of the city council ceasing to possess any of the qualifications specified in this section, or convicted of a felony while in office, shall immediately forfeit his office. Section 3. Judge of Election Qualifications. The city council shall be the final judge of all elections and of qualifications of its members. Section 4. Compensation. Members of the city council shall receive nominal compensation, the amount of which will be established by ordinance. Such ordinance may be adopted and amended by the city council; provided, however, that no council may pass an ordinance which increases the compensation of the council currently seated. Such increases may benefit the next seated council regardless of how many members are returned to previously held seats as a result of the election process. In addition, councilmembers shall be entitled to reimbursement of all necessary expenses incurred in the performance of their official city council duties upon submittal to City Manager's Offiee aLo€ said expenses by the city eeuneq. (Supp. No. 4, Update 1) Page 3 of 33 Created: 2e24-e6-10 10:45:28 [EST] W 1010812024 Item WS1. Section S. Mayor and Mayor Pro-Tem. The mayor shall be recognized as the official head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties. He shall be the chairman and shall preside at all meetings of the city council. The mayor shall vote on all propositions before the city council, but shall have no power to veto. He shall, when authorized by the city council, sign all official documents, such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. The mayor pro tem shall be a councilman elected by the city council at the first city council meeting following each regular city election. The mayor pro tem shall act as mayor during the disability or absence of the mayor, and in this capacity shall have the rights conferred upon the mayor. Section 6. Vacancies, Forfeiture, Filling of Vacancies. A. The office of a councilman or office of the mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office. B. A councilman or the mayor shall forfeit his office if he: (1) Lacks at any time during his term of office any qualifications for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this article (see Section 8); or any other provision of this Charter; (3) Is convicted of a crime involving moral turpitude, or (4) Fails to attend three consecutive regular city council meetings without an explanation acceptable to a ma'oI rite of the remaining councilmembers his office shall be declared vacant at the next regular meeting of the city council by resolution. (5) The city council shall be the final judge in matters involving forfeiture of office. C. Filling of Vacancies. Any vacancy or vacancies occurring on the City Council shall be filled for the remainder of the unexpired term by majority vote of the qualified voters at a special election called for such purpose within 120 days after such vacancy or vacancies occur. Section 7. Powers of the City Council. All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter. The city council shall provide for the exercise thereof and the performance of all duties and obligations imposed upon the city by law. Section 8. Prohibitions. A. Holding Other Office. Except where authorized by law, no mayor or councilman shall hold any other city office or city employment during his term as mayor or councilman, and no former mayor or councilman shall hold any compensated appointive city office or city employment until one year after the expiration of his term as mayor or councilman. B. Appointments and Removals. Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the city manager or any of his subordinates are empowered to appoint, but the city council, at a meeting called for that purpose, may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. C. Interference With Administration. Except for the purpose of inquiries and investigations as provided by this Charter, the city council or its members shall deal with city officers and employees who are subject to the (Supp. No. 4, Update 1) Page 4 of 33 Created: 2e24-e6-10 10:45:28 [EST] J 1010812024 Item WS1. direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately, except as otherwise provided in this Charter. Section 9. Meetings of City Council. The city council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the city. The city council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the city council shall be held on the call of the mayor or a majority of the city councilmembers. All meetings shall be held in -and notice given in accordance with applicable law. Except as otherwise authorized by law, all meetings shall be open to the public. Section 10. Quorum. Four members of the city council shall constitute a quorum for the purpose of transaction of business, and no action of the city council, except as specifically provided in Section 6 or in this Charter, shall be valid or binding unless adopted by the affirmative vote of four or more members of the city council unless otherwise provided for by law. Section 11. Conflict of Interest and Abstention. A. Conflict of Interest. Should any member of the council feel he has a conflict of interest with an agenda item then before the council, he should openly declare same before discussion proceeds and he is thereby prohibited from discussing the item or voting on the question. B. Abstention. Should any member of the city council choose to abstain from voting on any question before the city council, where no declared conflict of interest exists, his vote shall be recorded as an affirmative vote in the official minutes of the City of Wylie. Section 12. Rules of procedure. The city council shall,—®y-e, d' e. , determine its own rules and order of business, and the rules shall provide that each member of the public who desires to address the City Council regarding an item on an agenda for an open meeting of the City Council to address the City Council regarding the item at the meeting before or during the City Council's consideration of the item. The city council shall provide for written minutes to be taken of all meetings, except executive sessions authorized by law, and such minutes shall be public record and shall be kept and maintained by the city secretary. The vote of each council member on any matter shall be recorded in the minutes. Section 13. Passage of Ordinances in General. A. Form. The city council shall legislate by ordinance only, and the enacting clause of every ordinance shall be "Be it ordained by the City Council of the City of Wylie, Texas." Each proposed ordinance shall be introduced in the written or printed form required for adoption. An ordinance shall not be amended or repealed except by the adoption of another ordinance. B. Procedure. Any member of the city council may offer any ordinance in writing that has been placed on the agenda at a regular city council meeting. Copies of proposed ordinances, in the form required for adoption, may be furnished to members of the city council before the meeting at which it shall be considered. Copies of the proposed ordinance, in the form required for adoption, may be made available at the city offices and furnished to citizens, upon request. (Supp. No. 4, Update 1) Page 5 of 33 Created: 2024-e6-10 10:45:28 [EST] 1010812024 Item WS1. C. Effective Date. Every ordinance shall become effective upon adoption, or at any later time specified in the ordinance, except that every ordinance imposing any penalty, fine or forfeiture shall become effective after publication of its caption once in a newspaper having general circulation in the city. D. satFn c' , Section 14. Authentication, Recording, Codification, Printing, and Distribution. A. Authentication and Recording. The city secretary shall record in a properly indexed book kept for that purpose, all ordinances and resolutions adopted by the city council, and it shall be kept open for public inspection. Ordinances shall be numbered consecutively in the order in which adopted. The city secretary shall attest the signature of the mayor or officer signing such ordinance. B. Codification. Within three years after adoption of this Charter, and at least every fifteenf+ve-years thereafter, the city council shall provide for the preparation of the codification of all general ordinances of the city. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code. For the purposes of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the city at large. The codification shall be published promptly, together with this Charter and any amendments thereto, and with appropriate references to state statutes and constitution, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as the Wylie City Code and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. The caption, descriptive clause, and other formal parts of the ordinances of the city may be omitted without affecting the validity of such ordinances when they are published as a code. C. Pubiishina of Ordinances and Resolutions. The city council shall cause each ordinance and each amendment to this Charter to be published promptly following its adoption, and the p_ublisheclpFinted ordinances and Charter amendments shall be available to the public. d' U*mod' ^' +^ *"^ ^mob e t A copy of each ordinance and resolution may be placed in city offices. (Section 15. Investigations by the City Council The city council shall have the power to inquire into the official conduct of any department, agency, office, officer, or employee of the city, and for that purpose shall have the power to administer oaths, subpoena witnesses, and compel the production of books, papers, and other evidence material to the inquiry. The city council shall provide, by ordinance, penalties for contempt for failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence, and shall have the power to punish any such contempt in the manner provided by such ordinance. Section 16. Bond. The city council shall require bonds of all municipal officers and employees who receive and/or pay out any monies of the city. The amount of such bonds shall be determined by the city council and the cost thereof shall be borne by the city. Section 17. Disaster Clause. In case of disaster when a legal quorum of elected council members cannot otherwise be assembled due to multiple deaths or injuries, the surviving member or members of the elected council, or highest surviving city official, if no elected official remains, must within 24 hours of such disaster, request the 1 highest surviving officers of the local "chamber of commerce and the board of trustees of the local school district, and the county judge of Collin County to appoint a commission to act during the emergency and call a city election within 15 days of such (Supp. No. 4, Update 1) Page 6 of 33 Created: 2e24-e6-10 10:45:28 [EST] M 1010812024 Item WS1. disaster for election of a required quorum, if for good reasons it is known that a quorum of the present council will never again meet. ARTICLE IV. CITY ADMINISTRATION Section 1. City Manager. A. Qualifications and Appointment Procedures. The city council shall appoint a city manager who shall serve as chief administrative officer of the city, and shall be responsible to the city council for administration of all the affairs of the city, with only those exceptions that are named in this Charter. The city manager shall be appointed solely upon his executive and administrative qualifications. He need not be a resident of the city when appointed, but within a reasonable time after such appointment shall become a resident of the city and thereafter shall reside within the city during the tenure of his appointment. He shall be bonded, at city expense, in an amount deemed adequate by the city council. B. Compensation. The city council shall fix the compensation to be received by the city manager, and the compensation may be amended from time to time in accordance with the city manager's experience and qualifications. C. Term and Removal. The city manager shall serve at the pleasure of the city council and shall have no fixed term of office. The city council shall have the sole authority to remove the city manager from office. (1) If within five days after being notified of his termination and removal, the city manager files a written request to the city council requesting that his termination be reconsidered, the city council shall, as soon as practical, meet with the city manager in executive session to review its decision to terminate. (2) After such review, after affording the city manager an opportunity to respond to such initial decision to terminate, a new vote shall be taken with regard to termination of the city manager. (3) At the request of the city manager, the review meeting shall be held open to the public. (4) The city manager shall continue to receive his salary pending this final decision of the council. (5) This procedure for a review meeting with the city manager shall not alter the fact that the city manager serves at the pleasure of the city council and the city manager shall not have, nor should this procedure be construed to grant to the city manager a property interest or right to continued employment. D. Acting City Manager. The city manager shall, within 30 days of taking office, and at appropriate subsequent times, designate by letter, filed with the city secretary, an alternate to perform the duties of the city manager in the case of his absence or disability. The city council shall ratify the city manager's designated alternate. During the absence or disability of the city manager, the city council may revoke such designation and appoint another person to serve as acting city manager until the city manager shall return or his disability shall cease. The acting city manager shall be a qualified administrative officer of the city at the time of his designation. No member of the city council shall serve as acting city manager. E. Duties. The city manager shall be empowered to: (1) Appoint, and when he deems necessary for the welfare of the city, suspend or remove any or all city employees and appointive administrative personnel provided for by this Charter. He shall promulgate such rules and regulations as he may deem appropriate and necessary for the exercise of this authority. (See Section 7) (2) Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by law or this Charter. (3) See that all state laws and city ordinances are effectively enforced. (Supp. No. 4, Update 1) Page 7 of 33 Created: 2e24-e6-10 10:45:28 [EST] W 1010812024 Item WS1. (4) Attend all city council meetings and have the right to take part in discussions, but he shall not vote. (5) Prepare and accept items for inclusion in the official agenda of all city council meetings and meetings of boards and commissions as established by this Charter. (6) Prepare and submit to the city council the annual budget and capital program, and administer the budget as adopted by the city council. (7) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations concerning the affairs of the city as he or the city council deems desirable or necessary, but not less than every three months. (8) Make reports as he or the city council may require concerning the operations of the city departments, offices, or agencies subject to his direction or supervision. (9) Perform such other duties as are specified in this Charter or may be required by the city council, and are not inconsistent with this Charter. Section 2. City Secretary. A. Appointment and Removal. The city manager shall appoint a city secretary. The city manager shall have authority to remove the city secretary, should he find such action necessary for the welfare of the city. B. Duties. The city secretary shall be required to: (1) Give notice of all official public meetings of the city council in a manner consistent with this Charter and state laws. (2) Attend all official public meetings of the city council. (3) Keep the minutes of the proceedings of all official public meetings and hearings of the city council. Be responsible for the electronic taping or recording of the entire proceedings of all the official public meetings and hearings of the city council. Be responsible for the care, maintenance and filing of such tapes or recordings for a period of not less than two (2) years following each meeting or hearing so taped or recorded. (4) Act as custodian of all official records of the city council. (5) Hold and maintain the seal of the City of Wylie, and affix this seal to all appropriate documents. (6) Authenticate by signature and seal, and record, index and codify all ordinances, resolutions and proclamations of the city. (7) Perform such other duties as may be required by the city manager, this Charter, the laws of the State of Texas and not inconsistent with provisions of this Charter. (8) Be bonded, at city expense, in an amount deemed adequate by the city council. Section 3. Municipal Court. A. [Established; powers and duties.] The city council shall establish and cause to be maintained a municipal court, for the trial of misdemeanor offenses. The court shall have all the powers and duties as are now, or may be prescribed by the laws of the State of Texas. B. Municipal Court Judge. The city council shall appoint a judge of the municipal court, who shall be a competent, duly qualified, licensed attorney in the State of Texas. The judge of the municipal court shall be appointed to a term of two years, and may be appointed to additional and consecutive terms, upon completion of his term of office. The appointment of the judge may be terminated by a majority vote of the (Supp. No. 4, Update 1) Page 8 of 33 Created: 2e24-e6-10 10:45:28 [EST] In 1010812024 Item WS1. city council. The judge shall receive compensation as maybe determined by the city council. This compensation shall be fixed, and commensurate with the duties performed by the judge. C. Acting Judge of the Municipal Court. The city council shall, in the absence or disability of the appointed judge of the municipal court, appoint an acting judge to serve during such absence or disability. The acting judge may be compensated by the city council for his performance of required duties. D. Appointment of Additional Judges. Additional judges of the municipal court may be appointed by the city council consistent with state law.- who shall be a competent, dulv qualified, licensed attorney in the State of Texas. E. Clerk of the Court. The city manager shall appoint a clerk, and may appoint deputies of the municipal court. The clerk and deputies shall be bonded at city expense, in an amount deemed adequate by the city council, and shall receive compensation as may be determined by the city council. F. Powers of the Clerk. The clerk and deputies of the municipal court shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court, and perform all acts usual and necessary by the clerks of said courts, in conducting the business thereof, including but not limited to the keeping of records and accounts of the municipal court. G. Costs, Fines and Penalties. All costs, fines and penalties imposed by the municipal court shall be paid into the city treasury for the use and benefit of the city, as may be consistent with present and future state laws. Section 4. City Attorney. A. Appointment and Qualifications. The city council, in consultation with the city manager, shall appoint a competent, duly qualified, licensed and practicing attorney in the State of Texas who shall serve as the city attorney. B. Removal. The city attorney shall serve at the pleasure of the city council and as such shall have no property right to continued employment. C. Duties. The city attorney shall be required to: (1) Serve as a legal advisor to the city council and city manager. (2) Represent the city in litigation and legal proceedings as directed by the city council and city manager. (3) Review and provide opinions as requested by the city council or city manager on contracts, legal instruments, and ordinances of the city. D. Limitation. The city council shall have the right to retain special counsel at any time that it may deem necessary and appropriate. E. Compensation. The city attorney shall receive compensation as may be determined by the city council.:: _ F. Additional Attorneys. The city attorney, with approval of the city council, may select additional attorneys to act for him and the city in its representation and litigation. G. Firm May Designate Individual to Serve as City Attorney. The city council may contract with an attorney or with a firm of attorneys who may designate one member of said firm to serve as city attorney. ,- ems- lg- (Supp. No. 4, Update 1) Page 9 of 33 Created: 2e24-e6-10 10:45:28 [EST] J 1010812024 Item WS1. B. Removal. Th to eentinued employment and may be Fe E. Gorbper;sGt4eR. The city engineer isatien as may be de Section 6. Administrative Departments, Offices and Agencies. A. City Council May Create Offices. The city council may, after hearing recommendations of the city manager, create or establish departments, offices, or agencies in addition to those provided for by this Charter, and may prescribe the functions and duties of such departments, offices and agencies. B. City Manager May Designate, or Combine Departments. The city manager may redesignate, or combine any of the departments, divisions or sections previously established or created when such action is deemed to be in the best interest of the city. C. Direction and Supervision. Except as provided elsewhere in this Charter, all departments, offices and agencies of the city shall be under the direction and supervision of the city manager, and shall be administered by officers appointed by and subject to supervision and direction of the city manager. The city manager may serve as the head of one or more city departments, offices or agencies, or appoint one person as the head of two or more of them. D. City Assessor -Collector. The city manager mayshA appoint a city assessor -collector, whose duties and functions shall be those usual to the office and consistent with existing or future laws of the State of Texas as they may apply to city or county assessor -collectors. The city council may approve the use of contracted assessor -collectors, and the assessor -collector contract shall be subject to the approval of the city council. Suelb eaRtFaet shall have a term of no less than one year, nor mere than twe years, and Fnay be nerrewe4 Section 7. Personnel System. B. Personnel rules shall be prepared by the city manager and presented to the city council for their information; provided, however, that any rule or regulation which involves the expenditure or commitment of public funds must have the approval of the city council. The adopted rules shall establish the city as an equal opportunity employer and shall govern the equitable administration of the personnel system of the city. Provided; however, [that] no such rule shall cause to be created for any employee of the city, a property right to continued employment and shall provide that all employees of the city, including police officers, firefighters, and emergency services personnel shall serve at the pleasure of the city manager. C. The adopted rules shall provide for the following requirements, among others: J 1010812024 Item WS1. (1) A pay and benefit plan for all city employment positions. (2) A plan for working hours, attendance policy and regulation, and provision for sick and vacation leave. (3) Procedures for the hearing and adjudication of grievances. (4) Additional practices and procedures necessary to the beneficial and equitable administration of the city's personnel system. (5) A plan for oral and written evaluation on an annual basis for all city employees by their immediate supervisor, including evaluation of the city manager by the city council. ARTICLE V. NOMINATIONS AND ELECTIONS Section 1. City Elections. A. Election Schedule. The regular city election will be held annually in accordance with the Texas Election Code. The City Council shall be responsible for specifications of places for holding of such elections. B. Special Elections. The city council may order a special election under conditions specified elsewhere in this Charter, or for ordinances, bond issues, Charter amendments, recall or other purposes deemed appropriate by the city council. The city council will fix the time and places for such special elections, and provide all means for holding same. C. Voter Eligibility List. A certified list of voter registrants within the city, as prepared by the proper agency, shall be held by the citv secretary or the contracted election official.) If. for a Duroose relatine onlvto a'city D. Conduct and Regulation of Elections. All city elections shall be governed by the Constitution of the State of Texas, general laws of the state, this Charter, and by ordinance of the city in the order named. Municipal elections shall be conducted by election officials appointed or approved by the city council. E. Publicizing City Elections. All municipal elections shall be publicized in a manner consistent with the requirements of the present, and all future amended editions of the Texas Election Code. Section 2. Filing for Office; Eligibility to File. A. Candidate Qualifications. Each candidate for an elective office shall meet the following qualifications: Shall be a qualified voter of the city. Shall have resided for at least 12 months preceding the election within the corporate limits of the city, including territory annexed prior to the filing deadline. e. An incumbent city councilman seeking reelection must file for the same place position number currently being served. No candidate may file in a single election for more than one office or place position as provided by this Charter. B. Petition Required. Every person desiring to file for elective office with the city shall first present to the City Secretary a sufficient petition signed by a minimum of the greater of the following: (Supp. No. 4, Update 1) Page 11 of 33 Created: 2024-e6-10 10:45:29 [EST] W 1010812024 Item WS1. a) 25 persons; or b) a number of persons equal to one-half of one percent of the total vote received by all candidates for Mayor in the most recent mayoral general election who are qualified voters in the City. Section 3.Official Ballots. A. Names on Ballot. The name of each candidate seeking an elective office, except those who have withdrawn, died or became ineligible, shall be printed on the official ballot in the form designated by the candidate in accordance with the Texas Election Code. B. Order of Listing. The order on the ballot of the names of the candidates shall be determined by lot in a public drawing to be held under the supervision of the city secretary in accordance with the Texas Election Code. C. Early Voting Ballots. Procedures for voting by early voting ballots shall be consistent with the Texas Election Code. D. Ballots for Ordinances, Bond Issues and Charter amendments. Ballots for ordinances, bond issues and Charter amendments shall be consistent with the Texas Election Code. E. Write -In Votes. Procedures for write-in votes shall be consistent with the current edition of Texas election laws. Section 4. Canvassing. The returns of every municipal election shall be delivered from the election judges to the city secretary or contracted election official at the designated location not later than 12 hours after the closing of the polls. One extra copy shall be delivered to the mayor at this time. The city council shall canvass the returns in sufficient time but not later than the time provided for in the current edition of the Texas election laws, to declare the official results of the election at the next city council meeting after the closing of the polls. The returns of every municipal election shall be recorded in the minutes of the city council, by totals for each candidate, or, for and against each issue submitted{.} Section S. Election by Majority. A majority vote for an election office is that number of votes which is greater than one-half of the total number of valid ballots cast for the office concerned. The candidate for elective office who receives a majority vote shall be declared elected. If no candidate for any elective position receives a majority vote, a runoff election shall be called. Section 6. Runoff Election. In the event no candidate for an elective office receives a majority of the votes cast for that position in the regular or special election or if there is a tie for first place, a runoff election shall be held not earlier than the 20th day of canvass or later than the 30th day following the preceding regular or special election. Section 7. Exception of Election Code. In the event there is a conflict between any of the provisions of this article and the Texas Election Code or an omission of any elements or provisions necessary for conduction of an election, then those provisions of the Texas Election Code then existing shall prevail. (Supp. No. 4, Update 1) Page 12 of 33 Created: 2e24-e6-10 10:45:29 [EST] J 1010812024 Item WS1. Section 1. General Authority. The qualified voters of the City of Wylie shall, by following the procedures set out in this Charter, have the power to propose ordinances to the city council, to require reconsideration by the city council of any adopted ordinances, and to revoke the office of any elected city official. Initiative power may be used to enact a new ordinance, or to repeal or to amend sections of an existing ordinance, except ordinances appropriating money or levying of taxes, or ordinances repealing appropriating money or levying of taxes, not in conflict with this Charter, the state constitution or the state laws. Referendum power shall not extend to the budget or capital program or any ordinance or ordinances pertaining to appropriation of money or levying of taxes, or to bonds issued pursuant to the authority of an election or elections previously held. Grounds for removal of any member of the city council, whether elected to office by the qualified voters or appointed by the city council to fill a vacancy, shall be incompetency, noncompliance with this Charter, misconduct or malfeasance in office. Section 2. Petitioners' Committee. Any group of qualified voters equal to ten percent of the number who voted in the last council municipal election may commence proceedings contemplated by this article by filing with the city secretary, an affidavit stating that they will constitute the petitioners' committee; they will be responsible for preparing, printing and circulating the petition; they will file it in proper form; [and] they will specify the address to which all notices to the committee are to be sent. The affidavit shall set out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered, or in the case of recall, will provide a statement of the grounds for removal. In the case of recall, the city secretary shall immediately notify in writing, the officer(s) sought to be removed, that the affidavit has been filed and shall inform the officer(s) of its statement of grounds. Section 3. Petition circulation. All petition blanks used for circulation by the members of the petitioners' committee or their designees shall be numbered, dated, and bear the signature of the city secretary. The city secretary shall enter in a record to be kept in his office the name of the qualified voters to whom the numbered petitions were assigned. Petition circulators must be qualified voters in the City of Wylie. Section 4. Form of Petition. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signer of a petition shall personally sign his own name thereto in ink or indelible pencil, and shall write after his name his place of residence within the boundaries of the City of Wylie, giving name of street and number, or place of residence, and shall also write thereon the day, the month and the year his signature was affixed. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered, or in the case of a recall petition, a statement which distinctly and specifically state[s] each ground with such certainty as to give the officer(s) sought to be removed notice of such matters and things with which he is charged. Each paper of a petition shall have attached to it when filed, an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing, to read the full text of the ordinance proposed or sought to be reconsidered. Locations for 20 and no more than 20 signatures shall be provided on each blank petition (Supp. No. 4, Update 1) Page 13 of 33 Created: 2e24-e6-10 10:45:29 [EST] J 1010812024 Item WS1. Section S. Presentation of Petitions. A petition to the city council for initiative, referendum, or recall, containing the signatures of qualified voters equal in number to no fewer than fifteen percent of the qualified voters shall be presented to the city secretary not later than 45 days following the filing of the affidavit by the petitioners' committee. Section 6. Certification of Petitions and Presentation to City Council. Within 35ten, days after the petition is filed, the city secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, wherein it is defective and shall immediately upon completion of certification, send a copy of the certificate to the petitioners' committee by registered mail. If the petition is certified sufficient, the city secretary shall present the certificate to the city council by the next regular city council meeting which shall be a final determination of the sufficiency of the petition. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to Within Five days', after the amended petition is filed, the city secretary shall complete a certificate of sufficiency of the petition, as amended, and shall send a copy of such sufficiency to the petitioners' committee by registered mail as in the case of an original petition. The final determination as to the sufficiency of an amended petition shall be determined in the same manner as prescribed for original petitions in this section above, except that no petition, once amended, may be amended again. A final determination as to the sufficiency of a petition shall be subject to review in a court of competent jurisdiction. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. [Section 7. Reserved.] Section 8. Public Hearing on Recall of Officers. An elected official whose removal is sought by recall may, within five days after such recall petition has been presented to the city council, request that a public hearing be held to permit him to present facts pertinent to the charges specified in the petition. Should such a request be made, the city council shall order that a public hearing be held not less than five days nor more than 15 days after receiving such request for a public hearing. Section 9. Action on Initiative and Referendum Petitions. When an initiative or referendum petition has been finally determined sufficient, the city council shall promptly consider the proposed initiative ordinance in the manner prescribed for enacting ordinances or reconsider the referred ordinance by voting its repeal. If the city council fails to adopt a proposed initiative ordinance without any change in substance within 60 days, or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to (Supp. No. 4, Update 1) Page 14 of 33 Created: 2024-e6-10 10:4529 [EST] J 1010812024 Item WS1. the voters of the City of Wylie at the first date permitted by law for holding said election after 30 days following the failure of the city council to act as specified herein. Said called election may coincide with a regular city election should such city election fall within the specified period. Special elections on initiated or referred ordinances shall not be held more frequently than once each six months, and no ordinance substantially the same as an initiated ordinance which has been defeated or one substantially the same as a referred ordinance which has been approved at any election may be initiated by the voters within two years from the date of such election. Copies of the proposed or referred ordinance shall be made available at the polls and shall be published at least once in the official newspaper of the City of Wylie not more than 15 days immediately preceding the date of the election. Section 10. Calling of Recall Election. If the officer whose removal is sought does not resign, then the city council shall order an election and set the date for holding such recall election. The date selected for the recall election shall be the first date permitted by law for holding said election after 25 days after the date the petition was presented to the city council, or from the date of the public hearing, if one was held. Any election order so issued shall comply fully with the existing Texas election laws. Section 11. Withdrawal of Petition. A. Withdrawal of Initiative and Referendum Petitions. In order to respect the qualified voters already having affixed their signatures to petitions, no procedure for withdrawal of petitions is allowed once a petition has been finally determined sufficient. Prior to being determined sufficient, a petition may be withdrawn by filing with the city secretary a request for withdrawal, signed by at least 50 percent of the members of the petitioners' committee and provided that the total number of signatures on the circulated petitions is less than 50 percent of the required number of signatures as provided in Section 5 of this article. For the purposes of withdrawal procedures only, any registered petition not returned to the city secretary will be considered to contain the signatures of 20 qualified voters, but in no event shall the total number of signatures be determined to exceed 99 percent of the number of signatures required for determination of sufficiency. B. Withdrawal of Recall Petitions. In order to respect qualified voters already having affixed their signatures to petitions for recall, no withdrawal from recall proceedings shall be allowed except where: (1) Such withdrawal is agreed to by an affidavit by at least 50 percent of the members of the petitioners' committee; (2) The total number of signatures on the circulated petition is less than 50 percent of the required number of signatures as provided in Section 5 of this article. For the purposes of withdrawal procedures only, any registered petition not returned to the city secretary will be considered to contain the signatures of 20 qualified voters, but in no event shall the total number of signatures thus determined exceed 99 percent of the number of signatures required for determination of sufficiency. For purposes of consideration of limitations as specified in Section 14 of this article, recall procedures successfully withdrawn shall be considered as never having been initiated. Section 12. Form of Ballots. Ordinances shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or referred ordinance and it shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. Immediately below the ballot title shall be printed the following two statements, one above the other, in the order [indicated:] "For adoption of the ordinance," and (Supp. No. 4, Update 1) Page 15 of 33 Created: 2e24-e6-10 10:45:29 [EST] J 1010812024 Item WS1. "Against adoption of the ordinance." Immediately below or to the left of such statement shall appear a square in which the voter may cast his vote by making a mark. Ballots used at recall elections shall, with respect to each person whose removal is sought, submit the question: "Shall (name of person) be removed from the office (name of office) by recall?" Immediately below each such question there shall be printed the two following statements, one above the other. in the order indicated: "For the removal of by recall." "Against the removal of by recall." Immediately below or to the left of such statement shall appear a square in which the voter may cast his vote by making a mark. Section 13. Results of Election. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the city council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail. An ordinance adopted by initiative may be repealed or amended at any time after the expiration of two years by a vote of not less than five members of the city council, or at any time after the expiration of five years by a simple majority vote of the city councilmembers. If a majority of the qualified electors voting on a referred ordinance vote against the ordinance, it shall be considered repealed upon certification of the election results. If a majority of the qualified electors voting on a referred ordinance vote for the ordinance, the ordinance shall be considered in effect. An ordinance repealed by referendum may be reenacted at any time after the expiration of two years by a vote of not less than five members of the city council or at any time after the expiration of five years by a simple majority vote of the city councilmembers. If a majority of the votes cast on the question of recall at a recall election shall be against the removal of the elected official named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before within the limitations of Section 14 below. If a majority of the votes cast on the question of recall at a recall election shall be for the removal of the elected official named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled in accordance with the provisions of this Charter for the filling of vacancies. Section 14. Limitations and Restrictions. No recall petition shall be filed against any officer of the City of Wylie within six months after his election or appointment, nor within six months of such a petition being filed and found insufficient nor within one year after an election for such officer's recall. In no instance shall an officer removed from office by recall election succeed himself, nor shall his name appear on a ballot for elective office of the City of Wylie within a period of five years following the date of the election at which he was removed from office. Unless successfully withdrawn, no petition shall again be filed on a proposed or referred ordinance of substantially the same content within a period of six months of such a petition being filed and found insufficient or within a period of two years of the failure of the petition at a city election. (Supp. No. 4, Update 1) Page 16 of 33 Created: 2024-e6-10 10:4529 [EST] M 1010812024 Item WS1. Section 15. Failure of City Council to Call an Election. In case all of the requirements of this Charter have been met and the city council shall fail or refuse to receive an initiative, referendum, or recall petition, or order such initiative, referendum, or recall election, or discharge other duties imposed upon said city council by the provisions of this Charter with reference to initiative, referendum, or recall, then the countyjudge oflCollinjCounty, Texas, shall discharge any such duties herein provided to be discharged by the city secretary or by the city council. In addition, any qualified voter in the City of Wylie may seek judicial relief in the district court of Collinl County, Texas, to have any of the provisions of this Charter pertaining to initiative, referendum, or recall carried out by the proper official. Fe11.111111114XTJI AM11111\11411:7e14di►re10141 Section 1. Fiscal Year. The fiscal year of the city shall begin on October 1 and end on September 30 of the succeeding year. All funds collected by the city during any fiscal year, including both current and delinquent revenues, shall belong to such fiscal year, and, except for funds derived to pay interest and create a sinking fund on the bonded indebtedness of the city, may be applied to the payment of expenses incurred during such fiscal year, except as provided in this Charter. Any revenues uncollected at the end of any fiscal year, and any unencumbered funds actually on hand, shall become resources of the next succeeding fiscal year. Section 2. Submission of Budget. On or before August 15th of each year, unless the city council has granted an extension, the city manager shall file with the city secretary and submit to the city council a proposed budget for the ensuing fiscal year and the budget message. The city council shall hold the required public hearings on and review the proposed budget and make any appropriate changes prior to publishing the final budget. Section 3. Budget. A. Content. The budget shall provide a complete financial plan of all city funds and activities and, except as required by law or this Charter, shall be in such form as the city manager deems desirable or the city council may require. A budget message explaining the budget both in fiscal terms and in terms of the work programs shall be submitted with the budget. It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues, with reasons for such changes. It shall also summarize the city's debt position and include such other material as the city manager deems desirable. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year. The proposed budget expenditures shall not exceed the total of estimated income. The budget message shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year, compared to the estimate for the budgeted year. The budget shall include in separate sections: (1) A clear, general summary of contents. (2) A consolidated statement of receipts and expenditures of all funds, listed and itemized individually. (3) An analysis and itemization of all estimated income of the city from surplus, miscellaneous income and taxes with miscellaneous income subclassified by source. (4) Tax levies, rates, and collections for the preceding three years. (Supp. No. 4, Update 1) Page 17 of 33 Created: 2e24-e6-10 10:45:29 [EST] J 1010812024 Item WS1. (5) A proposed multi -year capital program for pending and proposed new capital projects, including but not limited to the amounts to be appropriated from the budget, the amounts to be raised by the issuance of bonds, and the amount required for the operation and maintenance of the new projects. The above information may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. (6) The amount required for interest on the city's debts, for sinking funds and for maturing serial bonds. (7) The total amount of the city's outstanding debts, with a schedule of maturity on bond issues in an attachment. (8) An itemized estimate of the expenses of operating each department, division and office or agency. (9) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the city and the proposed method of its disposition; subsidiary budgets for each such utility giving detailed income and expenditure information shall be included in the budget. (10) Such other information as is required by city council or deemed desirable by the city manager. (11) The total amount of each reserve/contingency fund must be not less than five percent of the proposed expenditures for the major operating funds. B. Public Notice and Hearing. The city council shall provide for a public hearing on the proposed budget and publish in the official newspaper a general summary of the proposed budget and a notice stating: (1) The times and places where copies of the budget are available for inspection by the public. (2) The time and place, for a public hearing on the budget, as required by law. C. City Council Action. [Action by the city council shall be as follows:] (1) The city council shall hold a public hearing on the budget as submitted at the time and place so advertised or at another time and place with proper notification. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. (2) At a regular or special meeting, the city council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income plus funds available from prior years. (3) The city council shall adopt the budget by ordinance. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated. D. Failure to Adopt. If the city council fails to adopt the budget by September 27, the amounts appropriated for operation during the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month -to - month basis, with all items in it prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. The levy of property tax normally approved as part of the budget adoption will be set such that the tax rate for the budgeted year shall equal the tax rate of the current fiscal year. Section 4. Amendments After Adoption. A. Supplemental Appropriations. If, during the fiscal year, the city manager certifies that there are revenues available for appropriation in excess of those estimated in the budget, the city council may make supplemental appropriations to fund other appropriations as desired. Emergency Appropriations. At any time in any fiscal year, the city council may, pursuant to this section, make emergency appropriations to meet a pressing need for public expenditure, for other than regular or recurring requirements, affecting life, health, property, or the public peace. (Supp. No. 4, Update 1) Page 18 of 33 Created: 2e24-e6-10 10:45:29 [EST] W 1010812024 Item WS1. C. Reduction of Appropriations. If, at any time during the fiscal year, it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the city council indicating the estimated amount of deficit, any remedial action taken by him and his recommendations as to any other steps to be taken. The city council shall then take such further action that it deems necessary to prevent or minimize any deficit. D. Transfer of Appropriations. At any time during the fiscal year, the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Upon written request by the city manager, the city council may, by budget amendments, transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. E. Limitations. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance. F. Effective Date. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section shall be made effective immediately upon adoption of the appropriate ordinance or budget amendment. Section S. Capital Program. �he city manager shall submit a five year, capital program as an attachment to the annual budget. The capital program shall include the proposed program by the planning board and comments by the city managed The program, as submitted, shall include: A clear, general summary of its contents; A list of all capital improvements which are proposed for the five fiscal years succeeding the budget year, with appropriate supporting information as to the necessity for such improvements; Cost estimates, method of financing and recommended time schedules for each such improvement; and The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above information may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. Section 6. Public Records. Copies of the budget and the capital program, as adopted, shall be public records and shall be made available to the public upon request. Section 7. Lapse of Appropriations. Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation. Any funds not expended, disbursed, or encumbered shall be deemed excess funds. Section 8. Borrowing. A. The Right to Borrow. The City shall have the right and power, except as prohibited by law or this Charter, to borrow money by whatever method it may deem to be in the public interest. (Supp. No. 4, Update 1) Page 19 of 33 Created: 2e24-e6-10 10:4529 [EST] J 1010812024 Item WS1. B. General Obligation Bonds. The City shall have the power to borrow money on the credit of the city and to issue general obligation bonds for permanent public improvements or for any other purpose not prohibited by law and this Charter, and to issue refunding bonds to refund outstanding bonds previously issued. All such bonds shall be issued in conformity with the laws of the State of Texas and shall be used only for purposes for which they were issued. Revenue Bonds. The city shall have the power to borrow money for the purpose of constructing, purchasing, improving, extending or repairing of public utilities, recreational facilities or any other self-liquidating municipal function not prohibited by the constitution and laws of the State of Texas, and to issue revenue bonds to evidence the obligation created thereby. Such shall be a charge upon and payable from the properties, or interest therein pledged, or the income therefrom, or both. The holders of the revenue bonds shall never have the right to demand payment thereof out of monies raised or to be raised by taxation. All such bonds shall be issued in conformity with the laws of the State of Texas and shall be used only for the purpose for which they were issued. Certificates of Obligation. The city shall have the power to issue certificates of obligation in conformity with V.T.C.A., Local Government Code ch. 271, as the same now exists or is hereafter amended. Provided, however, that the published notice of intention to issue certificates, as provided for in V.T.C.A., Local Government Code ch. 271 shall, in addition to language required by V.T.C.A., Local Government Code § 271.49, also contain the following statement: The proposed certificates of obligation will be issued without further notice and without approval of the voters of the city unless a sufficient petition, signed by at least [five percent] of the qualified voters of the city, protesting the issuance of the certificates of obligation is filed with the city secretary, within 30 days from the first publication of this notice, prior to consideration of this matter by the Wylie City Council at the above time and date. In the event of the timely filing of a sufficient petition the city council may not authorize issuance of the certificates of obligations unless the issuance is first approved at an election. Election Required. Any general obligation bond, revenue bond, and in the event sufficient petition is received, certificates of obligation, shall not be issued without an election. The city council shall prescribe, in accordance with laws of the State of Texas and other applicable State Law, the city procedure for calling and holding such elections. Therefore, the city shall prescribe the procedure for calling and holding such elections, shall define the voting precincts and shall provide for the return and canvass of the ballots cast at such elections. If, at such election, a majority of the vote shall be in favor of creating such a debt or refunding outstanding valid bonds of the city, it shall be lawful for the city council to issue bonds as proposed in the ordinance submitting same but if a majority of the vote polled shall be against the creation of such debt or refunding such bonds, the city council shall be without authority to issue the bonds. In all cases when the city council shall order an election for the issuance of bonds of the city, it shall, at the same time, submit the question whether or not a tax shall be levied upon the property in the city for the purpose of paying the interest on the bonds and to create a sinking fund for their redemption. Section 9. Purchasing. The city council may, by ordinance, confer upon the city manager general authority to contract for expenditures without further approval of the city council for all budgeted items not exceeding limits set by the city council. All contracts for expenditures involving more than the set limits must be expressly approved in advance by the council. All contracts or purchases involving more than the limits set by the city council shall be let to the lowest bidder whose submittal is among those most responsive to the needs of the city after there has been opportunity for competitive bidding as provided by law or ordinance; provided that the city council, or city manager in such cases as he is authorized to contract for the city, shall have the right to reject any and all bids. (Supp. No. 4, Update 1) Page 20 of 33 Created: 2e24-e6-10 10:45:29 [EST] M 1010812024 Item WS1. Emergency contracts as authorized by law and this Charter, may be negotiated by the city council, or city manager, if given authority by the city council, without competitive bidding. Such emergency shall be declared by the city manager and approved by the city council or may be declared by the city council. Section 10. Administration of Budget. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the city manager or his designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriations and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter will be void and any payment so made illegal. Such action shall be the cause for removal of any officer who knowingly authorized or made such payment or incurred such obligations, and he shall also be liable to the city for any amount so paid. However, this prohibition shall not be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds, time warrants, certificates of indebtedness, or certificates of obligation, or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, provided that such action is made or approved by ordinance. Section 11. Depository. All monies received by any person, department or agency of the city for, or in connection with, the affairs of the city shall be deposited promptly in the city depository or depositories, which shall be designated by the city council in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by ordinance and law. Procedures for the withdrawal of money or the disbursement of funds from the city depositories shall be prescribed by ordinance. Section 12. Financial Report. The city manager shall submit to the city council each month the financial condition of the city by budget item, budget estimated versus month to date accruals for the preceding month and for the fiscal year to date. The financial records of the city will be maintained on the modified accrual basis or the accrual basis by fund type as established by the Governmental Accounting Standards Board. Section 13. Independent Audit. At the close of each fiscal year, and at such other times as it may be deemed necessary, the city council shall cause an independent audit to be made of all accounts of the city by a certified public accountant. The certified public accountant so selected shall have no personal interest, directly or indirectly, in the financial affairs of the city or any of its officers. Upon completion of the audit, the summary thereof shall be published immediately in the official newspaper of the city and copies of the audit placed on file in the city secretary's office as public record. ARTICLE VIII. BOARDS AND COMMISSIONS Section 1. Authority. A. General. The City Council shall create, establish or appoint as may be required by the laws of the State of Texas or this Charter, such boards, commissions and committees as it deems necessary to carry out the functions, and obligations of the city. The city council shall, by ordinance, prescribe the purpose, composition, function, duties, accountability and tenure of each board, commission and committee, where such are not prescribed by law or this Charter. The city council may, by ordinance, consolidate the functions of the various boards, commissions or committees enumerated in this article. (Supp. No. 4, Update 1) Page 21 of 33 Created: 2e24-e6-10 10:45:29 [EST] 1010812024 Item WS1. B. Limitation on Service. No person shall be appointed to or serve on more than two permanent boards, commissions, or committees at any given time. Section 2. Boards and Commissions Enumerated. A. Planning and Zoning Commission. There is hereby established a planning and zoning commission, whose purpose, composition, function, duties and tenure shall be as set out in Article IX of this Charter. B. Parks and Recreation Board. The city council shall appoint a parks and recreation board of seven members who shall be qualified voters to work in an advisory capacity to the city council in the planning and development of parks and recreation facilities and regulations governing their use. Members of the board shall be appointed for two year terms with three members' terms expiring in even -numbered years and four members' terms expiring in odd -numbered years. Members of the board shall elect a chairman,at the first egular meeting after annual appointments Fy, from their membership and shall meet at the call of the chairman or at the request of the city council. The city manager shall appoint a staff representative to the board. C. Library Board. The city council shall appoint a library board consisting of seven members who shall be qualified voters who shall serve for a term of two years with three members' terms expiring in even - numbered years and four members' terms expiring in odd -numbered years. Members of the board shall elect a chairman,at the first regular meeting after annual appointments each 3ufy, from their membership and shall meet at the call of the chairman or at the request of the city council. The city manager shall appoint a staff representative to the board. D. Board of Adjustment eats. The city council shall appoint a board of adjustment ar of five members and two alternate members who shall serve in accordance with applicable law. Members of the board shall be qualified voters of the city and shall be appointed for two year terms with three members' terms expiring in even -numbered years and two members' terms expiring in odd -numbered years. Members of the board shall elect a chairman at the first regular meeting after annual a,p intmentseae from their membership and shall meet at the call of the chairman within 30 days of receipt of written notice from anyone aggrieved as a result of the refusal of a building permit or administrative decision by the city building official. Rules and regulations shall be prescribed for the functioning of the board consistent with the laws of the State of Texas and the building codes of the City of Wylie. Section 3. General. A. Open Meetings. All meetings of any board, commission, or committee created, established or appointed by this Charter or the city council shall be open to the public, unless otherwise permitted by law and shall be subject to both current and future laws of the State of Texas concerning public meetings. B. Appeals to City Council. Subject to the provisions of any law of the State of Texas and to the county, an appeal may be taken to the city council from any decision of any board, commission, committee or other body except from decisions of the , board of adjustment. Such appeals shall be perfected by filing a sworn notice of appeal with the city secretary within 30 days from the rendition of the decision of the board, committee or other body. Prior to the institution of any appeal in a court of law by an aggrieved person from a decision of such board, commission, committee or other body, appeal must be first perfected to the city council. (Supp. No. 4, Update 1) Page 22 of 33 Created: 2e24-e6-10 10:45:29 [EST] J 1010812024 Item WS1. C. Compensation. Subject to the provisions of any law of the State of Texas or this Charter to the contrary, all members of any board, commission, committee or other body will serve without compensation but may be reimbursed for any necessary expenses as a result of their work. D. Minutes. All boards, commissions or committees of the city shall keep and maintain minutes of any proceedings held. E. Exclusion of City Officers and Employees. No officer of the city nor any person who holds a compensated appointive position with the city shall be appointed to any board, commission or committee created or established by this Charter other than in an advisory capacity. F. Rules and Regulations. All boards, commissions and committees established or created by this Charter shall set out their own rules and regulations for operation thereof unless specifically prescribed by the laws of the State of Texas, this Charter, or by ordinance. Ordinances creating any board, commission or committee shall provide that if any member is absent from three consecutive meetings, his position shall be declared vacant and the vacancy shall be filled for the remainder of the unexpired term by the city council within 30 days after the vacancy occurs. G. Existing Boards and Commissions. All existing boards, commissions and committees heretofore established shall be continued in accordance with the ordinance or other acts under which they have been created, or until the city council shall, by ordinance, abolish, modify or alter the ordinances or acts under which they exist. ARTICLE IX. PLANNING Section 1. Powers of the City. The city shall have the power to adopt and enforce: A. A master plan to be used as a guide in considering passage of ordinances for the orderly growth and development of the city. B. Ordinances for the regulation of platting and subdivisions within the city and its extraterritorial jurisdiction. C. Ordinances to establish development performance standards and land use regulations in general within the city, and any valid additions thereto, or within any part thereof, in any manner that does not conflict with the constitution or present or future laws of the State of Texas. D. Ordinances to promote safe and reasonable building standards and to establish emergency administrative measures to be applied in the time of natural disaster. E. Ordinances to regulate the collection and disposal of solid and othe p; ,tea44e general health, safety and welfare of the citizens, and to protect the environmental quality in accordance with present laws of the State of Texas and the United States. F. Ordinances to provide for the acquisition of lands within the city limits and extraterritorial jurisdiction for public purposes not in conflict with the laws of the State of Texas. G. Ordinances to provide for capital improvements of the city, with or without the required financial participation or approval of property owners adjacent to the improvements. H. Establish such commissions, boards or panels as may be needed in carrying out its planning and regulatory duties as provided by this Charter and State law. (Supp. No. 4, Update 1) Page 23 of 33 Created: 2e24-e6-10 10:45:29 [EST] W 1010812024 Item WS1. Section 2. Planning and Zoning Commission. The city council shall establish a planning and zoning commission in the manner provided by this Charter, whose primary duty shall be to advise the city council in carrying out its various duties and functions regarding planning and environmental quality as provided by this Charter. A. Organization and qualification. {The organization of the planning and zoning commission and the qualifications of its members shall be as follows:} (1) There shall be established a planning fand zoning} commission which shall consist of seven citizens of the City of Wylie. The members of said board shall be qualified voters of the city-attd w�ae- The board shall elect a chairman from among its membership each year at the first regular meeting after annual appointments The commission shall meet as needed . Vacancies in an unexpired term shall be filled by the city council within 30 days from the date of the vacancy for the remainder of the term. (2) Members of the planning and zoning commission shall be residents of the City of Wylie for at least 12 months preceding the date of appointment; be knowledgeable in the affairs of the city and be knowledgeable in the functions and activities provided for in this article. B. Duties and Powers of the Planning and Zoning Commission. The planning and zoning commission shall: (1) Make and recommend to the city council a master plan to be used as a guide in considering ordinances for the orderly development of the city. The commission shall, not less than every five years, review, and if needed,-aod recommend to the city council amendments to the master plan of the city. (2) Recommend to the city council proposed ordinances and amendments to ordinances regarding planning, zoning and environmental quality and review ordinances and amendments proposed by the city council relative to the city council's planning and zoning function. Such review and recommendation by the planning and zoning commission must be received by the city council prior to action on the proposed ordinance or amendment. (3) Receive and review all platting and subdivision proposals ARTICLE X. PUBLIC UTILITIES, FRANCHISES AND LICENSES Section 1. Powers of the City. The city has the power to buy, own, sell, construct, lease, maintain, operate and regulate public services and utilities and to manufacture, distribute and sell the output of such service and utility operations. The city shall have such regulatory and other power as may now or hereafter be granted under the constitution and laws of the State of Texas. (Supp. No. 4, Update 1) Page 24 of 33 Created: 2e24-e6-10 10:45:29 [EST] J 1010812024 Item WS1. Section 2. Power to Grant Franchise. The city council has the power to grant, renew and extend all franchises of a public service operating within the city and, with the consent of the franchise, to amend the same. No franchise shall be granted for a term of more than 20 years from the date of the grant, renewal or extension. Section 3. Ordinance Granting Franchise. Any ordinance granting, renewing, extending or amending a public service franchise shall not take effect until 30 days after the final adoption. publication borne No franchise shall be exclusive. Section 4. Transfer of Franchise. No public service franchise is transferable, except with the approval of the city council. However, the franchisee may pledge franchise assets as security for a valid debt or mortgage. Section S. Franchise Value Not to be Allowed. Franchises granted by the city are of no value in fixing rates and charges for public utility service within the city and in determining just compensation to be paid by the city for public utility property which the city may acquire by condemnation or otherwise. Section 6. Right of Regulation. In granting, amending, renewing and extending public service and utility franchises, the city has the following rights: A. To repeal the franchise by ordinance for failure to begin construction or operation within the time prescribed or for failure to comply with terms of the franchise. This may be executed only after due notice and hearing. B. To require all extensions of services within the city limits to become part of the aggregate property of the service and operate subject to all obligations and reserved rights contained in this Charter. This extension is considered part of the original grant and terminable at the same time and under the same conditions as the original grant. C. To require expansion and extension of facilities and services and to require maintenance of existing facilities to provide adequate service at the highest level of efficiency. D. To require reasonable standards of service and quality of product and prevent unjust rate discrimination. E. To impose reasonable regulations and restrictions to insure the safety and welfare of the public. F. To prescribe the form of accounts kept by each utility. Accounts must be kept according to the accounting system prescribed by the appropriate state or federal regulatory agency. G. To examine and audit accounts and records and to require annual reports on local operations of the utility. H. To require that procedural rules and regulations dealing with public utilities conform to the requirements of the appropriate state or other regulatory agency. I. To require franchisee to restore, at franchisee's expense, all public or private property to a condition as good or better than before disturbed by the franchisee for construction, repair or removal. (Supp. No. 4, Update 1) Page 25 of 33 Created: 2e24-e6-10 10:45:29 [EST] J 1010812024 Item WS1. J. To require every franchisee to furnish, within a reasonable time to the city, at the franchisee's expense, a general map outlining current location, character, size, length and terminal of all facilities, over[ground] and underground of city property and additional information on request. K. To require every franchise and public service utilities operator within the city to file certified copies of all franchises owned or claimed or under which such utility is operated in the city. T"r< <"^" ^ ve .The city shall maintain a public record of public service franchises. L. To require such compensation and rental as may be permitted by the laws of the State of Texas. M. To require city council approval of all rates, rate schedules and amendments thereto of utilities franchised in the City of Wylie. Section 7. City -Owned Public Services. The city council shall have the following rights: A. To set rates of city -owned public services. To require all city -owned public services to keep accounts to show complete financial operations. Accounts must show actual cost of each service to the city, including costs of extensions and improvements and sources of funds expended for these purposes. Costs of services furnished to other cities or government agencies must also be included. Section 8. Regulations of Rates. A. The city council has the power, by ordinance, to fix and regulate the rates and charges of all public utilities and fix the fares of all public transportation of every kind operating within the corporate limits of Wylie. B. Upon receiving a request from a public service requesting a change in rates, the city council shall call a meeting for consideration of the change. C. The public service must show the necessity for the change by any evidence required by the city council, including: (1) Cost of its investment for service in the city. (2) Amount and character of expenses and revenues connected with rendering the service. (3) Copies of any reports or returns filed with any state or federal regulatory agency within the last three years. (4) Demonstration that the return on investment is within state and federal limitations. D. If not satisfied with the sufficiency of evidence, the city council shall hire rate consultants, auditors and attorneys to investigate and if necessary, litigate requests for rate changes. The public service will reimburse the city for reasonable and necessary expenses thus incurred. E. If not satisfied with the outcome, the public service may make a motion for a rehearing within 30 days after the order is entered. The motion is considered overruled if the city council does not act upon it within 60 days. F. No public service may institute legal action contesting rates fixed by the city council until the public service has exhausted the remedies described in this Charter. (Supp. No. 4, Update 1) Page 26 of 33 Created: 2e24-e6-10 10:45:29 [EST] J 1010812024 Item WS1. Section 9. Existing Franchises: Other Conditions. All franchises heretofore granted are recognized as contracts between the city and the franchisee and the contractual rights as contained in such franchises shall not be impaired by the provisions of this Charter except for the following: A. To license, regulate, control or prohibit the erection of signs or billboards or other devices designed to attract the attention of members of the public. B. To license any lawful business, occupation or calling subject to control pursuant to the police powers of the State of Texas. C. To license, regulate and fix charges made for vehicles carrying passengers or freight for hire on streets within the city. D. To license, regulate, control and prohibit vendors and/or solicitors operating within the city. ARTICLE XI. GENERAL AND TRANSITIONAL PROVISIONS Section 1. Publicity. All records of the city shall be open to inspection in accordance with state law Section 2. Official Newspaper. The city council shall declare an official newspaper of general circulation in the city. All ordinances, captions of ordinances, notices and other matters required to be published by this Charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper. Section 3. Nepotism. No person related within the second degree by affinity or within the third degree by consanguinity to the mayor or any city councilmember or the city manager shall be employed or appointed to any position of the city. This does not apply to any person continuously employed for two years prior to the election or appointment of the person related in the above degrees. Section 4. Oath. All elected and appointed officers of the city shall take and sign the oath of office based on ones prescribed for state elective and appointive offices, respectively, in the constitution of the State of Texas. Section S. Personal Financial Interest. No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, nor shall be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or service, except on behalf of the city as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall be subject to removal from his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the city council shall render the contract involved void. (Supp. No. 4, Update 1) Page 27 of 33 Created: 2e24-e6-10 10:45:30 [EST] W 1010812024 Item WS1. Section 6. Assignment, Execution and Garnishment. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ or execution of cost bill. The funds belonging to the city, in the hands of any person, firm, or corporation, shall not be liable to garnishment, attachment, or sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors. Section 7. Security and Bond. It is not necessary in any action, suit or proceeding in which the city is a party for any bond, undertaking, or security to be demanded or executed by or on behalf of said city in any of the state courts. All such actions shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law. Section 8. Damage Suits. Before the city shall be liable for any claim for damages for the death or personal injuries of any person or for damages to property, the complainant or his authorized representative shall notify the city---eFetary. The notification shall be in writing and shall state specifically how, when and where the death, injury or damage occurred; the amount of loss claimed; and the identity of any witnesses upon whom it is relied to establish the claim. The notification shall be filed within 4-5180 days of the date of injury or damage or, in the case of death, within 45180 days of the date of death. The failure to so notify the city within the time and manner specified shall exonerate, excuse and exempt the city from any liability whatsoever. No action at law shall be brought against the city until at least 60 days have elapsed since the date of notification. Section 9. Power to Settle Claims. The city council shall have the power to compromise and settle any and all claims and lawsuits of every kind and character in favor of or against the city, including suits by the city to recover delinquent taxes. Section 10. Service of Process. All legal process against the city shall be served upon either the city secretary or the city manager rs#em. Section 11. Pleading Ordinances. It shall be sufficient in all judicial proceedings to plead any ordinance of the city by caption, without embodying the entire ordinance in the pleading, and all printed ordinances or codes of ordinances shall be admitted in evidence in any suit, and shall have the same force and effect as the original ordinance. Certified copies of ordinances may also be used in evidence. Section 12. Construction of Charter. This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed as a general grant of power and not as a limitation of power on the government of the City of Wylie in the same manner as the Constitution of Texas is construed as a limitation on the powers of the legislature. Except where expressly prohibited by this Charter, each and every power under Article XI, Section 5 of the Constitution of Texas, which it would be competent for the people of the City of Wylie to expressly grant to the city shall be construed to be granted to the city by this Charter. (Supp. No. 4, Update 1) Page 28 of 33 Created: 2e24-e6-10 10:45:30 [EST] M 1010812024 Item WS1. Section 13. Judicial Notice. This Charter shall be deemed a public act, may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all courts and places. Section 15. Library. The city council has the authority to establish and maintain a free public library and to cooperate with other governmental entities for the establishment of such library. Section 16. Parks and Recreational Facilities. The city has the authority, alone or with any governmental agency, or any nonprofit organization incorporated under the laws of the State of Texas, to acquire, establish and own all property that may be useful and necessary for the purpose of establishing and maintaining parks and recreational facilities as authorized by law. (Section 17. Airport. The city has the power to own and operate an airport and the necessary facilities in connection with it, including the right to cooperate with governmental agencies in ownership, operation and zoning provided by law or regulations. Section 18. Cemetery. The city has the authority to acquire, establish and own all property within or outside of the city limits that may be useful or necessary for establishing, maintaining and operating one or more cemeteries, including the authority to cooperate with other governmental agencies. Such facilities may be operated as authorized by law. Section 19. Hospital. The city has the authority to acquire, establish and own property necessary for establishing, maintaining and operating a city hospital, including the authority to cooperate with other governmental agencies. Section 20. Housing Authority; Standards; Urban Renewal. The city council has the authority to create a housing authority under the laws of the State of Texas; to establish, by ordinance, regulations providing minimum standards for all buildings which are used or intended for use as places of human habitation to ensure such places are constructed, repaired and maintained so as to protect the safety, health and general welfare of the community, its citizens and the residents of such dwellings; to undertake and engage in programs and projects for urban renewal and development as authorized by laws of the State of Texas and the federal government. Section 21. Emergency Powers of the Mayor. Whenever it shall come to the knowledge of the mayor or his designee that any malignant, infectious or contagious disease or epidemic is prevalent in the city or probably will become so, or in case of public calamity (Supp. No. 4, Update 1) Page 29 of 33 Created: 2e24-e6-10 10:45:30 [EST] J 1010812024 Item WS1. arising by reason of flood, hurricane, tornado, fire, or other disaster, he shall have the power to take all steps and use all measures necessary to avoid, suppress or mitigate such disease and relieve distress caused by flood or resulting from tornado, hurricane, fire or other disaster. Section 22. Severability. If any section or part of this Charter is held invalid by a court of competent jurisdiction, such holding shall not invalidate or impair the validity, force or effect of any other section or part of a section of this Charter. Section 23. Effect on Existing Laws. All ordinances, portions thereof, resolutions, contracts, bonds, obligations, rules, and regulations now in force under the city government of Wylie, and not in conflict with the provisions of this Charter, shall remain in force under this Charter until altered, amended, or repealed by the city council after the Charter takes effect. Section 24. City Defined. The use of the word "city" in this Charter shall mean the City of Wylie, Collin County, Texas. Section 25. Gender of Wording. The masculine gender of the wording throughout this Charter shall always be interpreted to mean either sex. Section 26. Amendment of Charter. Amendments to this Charter may be framed and submitted to the qualified voters of the city in the manner provided by applicable law. This Charter is so constructed that in order to enable it to work and function, it is necessary that it be adopted in its entirety. Thus, the Charter commission directs that it be voted upon as a whole and be submitted to the voters of Wylie at an election to be held for that purpose on January 19, 1985. Not less than 30 days prior to such election, the city council shall cause the city secretary to mail a copy of this Charter to each qualified voter of Wylie as appears on the latest list of registered voters. If a majority of the qualified voters voting in such election vote in favor of the adoption of this Charter, it shall become the Charter of the City of Wylie. A copy of said Charter, authenticated by the signature of the mayor and the seal of the city, shall be forwarded to the Secretary of the State of Texas and shall show the approval of this Charter by majority vote of the qualified voters voting at such election. Section 28. Nonsubstantive revisions The city council shall have the power, by ordinance, to renumber and rearrange all articles, sections and paragraphs of this Charter or any amendments thereto, and correct errors in spelling, grammar, cross-references and punctuation as it shall deem appropriate, and upon the passage of any such ordinance, a copy thereof, certified by the city secretary, shall be forwarded to the Secretary of State for filing. Section 29. Schedule of Transition. A. This Charter shall take effect immediately following adoption by the voters and entry of an official order by the city council declaring the same adopted. (Supp. No. 4, Update 1) Page 30 of 33 Created: 2024-e6-10 10:45:30 [EST] M 1 1010812024 Item WS1. i �Mdft I YI I WRIM-20191 2 111 DI 011810611 LIMA d 4 Section 1. Procedure. A. This Charter shall be submitted to the qualified voters of the City of Wylie for adoption or rejection on January 19, 1985, at which election, if a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall then immediately become the governing law of the City of Wylie, Texas{,} until amended or repealed, �B, It being impractical to submit this Charter by sections, it is hereby prescribed that the form of ballot to be used in such election shall be as follows, to wit: Against the adoption of the Charter Potential New Additions. Publik" S'-"k'iV "', 11 QEYshfll havc- the I-owei by,,_.,es l "Nish all a and N e, ... . .. . . .. ...... ........... . .... k pa n e n t �,dwdes of the menmers of -(s) by � �--Verj w i I I Pkin owl, Llama _I arm dre uLlatezh-eir conduct and tlwir s,flr�, ary nr — —Hhoh-d w" Lhepolweno -tment a -, l th,Cih,�slyfll be known t a h � e i he nc o'� the He & aai-Lrne l -, of th&'Cit "'Ha'H beknowil �md de"" ' s_ i re ti,, iief". The Oty,,,ounu shAl ,,U11 vv vie by o rdili TO ntl, ,t� 1_r(,qo4 6'� �Tb-'�D"!, f0'r 1'0 C 11 C 11t,00,, (Supp. No. 4, Update 1) Page 31 of 33 Created: 2024-06-10 10:45:30 [EST] J 1010812024 Item WS1. rh he e e ia.artrn ent 'ent Oi t .ti,ient, The FI [ra r.l tit ie,d, IdIc 1 r'.n a t ie" "amci It, c Ci v."ace ,( tClrl �:' r,''s - nx.Jica; •,i, act.statrA;,,.inue_o �` s,t tr_r n rl ri I7 �?ri„ tnn ,h rn a, <r ial<_, Fire i7rl3a ra tc . r for, O,y e 1 Bahr . ho na.irrr 0Wt .AM(( rvirain and conuol cat` h(r tc I>pai i i to Libje ( to i res. �ccci .c vas r.v awitrevil' r,9.n;age rovi„t s u(.h dir,ctivpt,_ar molt,.(._( r ;Lent.`u i lithe°nt imincpsW dis, City, hef1h Ic a tsf hall,,rc«r,r ) is t,r -art ,,acr ,r_'r xzs,vt la cr.s,a e nJI, IhIcomkncj tic;,,ci,t„ati,nofIheC i—,� r=nttr,t ThemrJ. ders,,,t. ,_f.,c,u,eby Mc t.rpVla'l.Ms..r, hr)IIaul_},krT,tl%.OldstinC= and naa , i prcsvlslonamdshcll 4cri ivat, !rt__ ❑ , tdr._, vv „n,i`!f. the Dt { art neltt, r. r i',,a, ai t r. nt_y11A ca,.vrtakeall, nece'v a , ., .lsu": s t., r,ste c t .e (s,r , Cc r.,nr__",, ,3 ash c_cr n .�7"„c•t si h, i;,i;t� allr`vl:r>, rr:r� ],rcr i aia.rrtre7r,_iiI (a �) }:<,r� :.a, , rrtt rl,� �_(,scc_1rr.t frac ,a t>,rat;r,es, (.ar u_tc� Iirr iur,., nt. ncc _« `:ar I c c is dt,a, ull, I, rl.r ,te,I, ,ir,I Ev i (i Iby--airtl .r.;,_rr_ rs tI thtutures,.tf rmtr,.,ctl.Lr.t.r.riric?U,iaidiin llOss_lit,t� i',Ca..'ity-'tr.alcapovi>_r_ctr<�;irc�Ct a,,,a..,rnrwith,the auttn ev yr_;ca re ources , a [t�i�cscle oildit(a s that uc r „c rnc. a r, I< t,7 ,ah.c;r_4 r ; ' Th, s ii.c Ir, va*.th'- vc(h( i tv Lu cc,, i i a 3 11 T da„tl, ITill sn,IapidAi-d b u,hd.,, +ors=ny tructu e I, th,,,t1)ie c nt.,,,r,a e:,,._Ir..r ; rocedurrt::¢c r theirremoval orGrs,ructr n l h o i .a, t„ print nee" ,,n rir r tnairr TTtL,, , u I a t ,t aaII t rn es li j h e eve ci li, 1, 011el' inci b I it,, rr v i Cc . 7 tlrs:r w, s dh,w to , r.la (s4..r tl.c'; I,C �. i})c74it.1',.. t l li Assist 1 ht ,Al ,_, or ri ,. ie .ilc. I �:l,l� n ) i 7r,i i, sl ,tr r ;u nS 1,he _O.swLac»a?tsnnrst �„ (ie avrr-_r_<,csntsI>I,cttlr i_.r~i,acaiF'vacc ire P,tire({t[=�i'airnnf: snall <,awiac to rir hi.f_alld ilclotllc4l c Ft h,er a_ i'LL[a_.,_- _ l a. rrr4ci,r Ica, urst �rricc and .x,It, ro,tr,,!r�;, crf sir ,r>.r cr[iitr t, , yts,t,�..tryjo r,n4,. ,ai...r ..,,x..rrw. { crl ,,o- `'..Fatirnirrttrr. a rtu._` lrvt, (.rs. .._-t._e �ctl 7„ rni-i at dir'icl s-bConti ),1i)i`; ------- Irta _ Nr rr r c cic r Uslt 4 c t, r city Ill _r, �y_rr� n with r , c,_rt u _ thc Citt. ,uid cA tont ulg,,t .t_> a,-c,(r . ;sal , arns,,esal ,x c°n`�.rnt c,rrsccr , {, c�nr tr„ t �=sz. tt.,r u,I .cka vvh6xn Pe it) r+c..iu ri co [stw and ` , c i f c v ion,, -am .hM t orast :;it., Me ` to rir_ d u i the, Deli t[u, t`r;l I t,e ys.tc laet air-oe c sr rail h av, 1P r- der he uca 31Tr 2 r csrar yi cc raa,5� ltr tt cai tictu;ue I t,i":. �� o .Isc--- rr--cr ,;is „cl ,al,t c , s. r shed in , u ..uck,s and ordhnanu,s. Tht Police Ltc tata t,r.r•'it `call b, r , t c pcn at, all I ities, Inc , , ,r c`t:.l.i(i, cr°a t u=.r�t , .a sn. ( ,c hn{:_�: n s � rir r ause ucr_erei , tS. °_� f .a i, :r < c tca pets a, n) their c s e A hi 7, r, x in ,r In (,! p $ rn ;ti7 ac t, of the c „r,€. 'At. tlr, dy o ..rllc.'.. lh . .au.. ;'�,,.,c'ecrrtlirtr;;,in'..r:,t c r t u�„`t,az vi =, .i, r.i VJa rrt, ,.,nd tlr2v ar h t.`- t vps o v=itlr al!the os ] r = r ,rlhcr:,[.. wider His, avv, c,t th tel c,a vi„i ,c.l.kc,_ttr(r y..a_a c U.c7i ,4c,�,u; ,.ar, _i,,.,i4n .it,a. utlyrtitai,iit,,.eimt,,rtihlle tlity and, its rail l , ;he car hLQ et,r ,c;i tail psr ;c u: w:e Lw k eridoav°c r .t�rteve t thF, culrrrnissrc.rr_t athM the, --- of .Ic,>i ,..��,, Ph la's" ', ( uak rcr t, t nr k .a,, tr it t .� r t;,..r tir_ir i_;t a a t to r ,trvu (Supp. No. 4, Update 1) Page 32 of 33 Created: 2e24-e6-10 10:45:30 [EST] J 1010812024 Item WS1. and r ,,, ce i I r,ecn aEv .. tts s ,;rr?ne r „ rld ; .,stit o T's to teciec: x .r .es s sl, offendys. iE,flnA e ,.rmo topverve i ,,u d orc!'er of the Otya,iTd to �. tis" i:nv iiel , r [t5ninoi Imm r,esl n nd t h c,c- ty t(, retest fi nin -- tprocess h �s rr, pt t, s d i?1 01 elr h,ulds, , r t,se du IV cumsti.ha,a t, 'ns ,, itie : of t y. i[y . No.' , tie t, Officur ste, e= s , , ive an ,e a or ,For r.nt spm r , e nclu _y iei fPie omc- r itt .. r ,r shadi they roc. ve, v_n , is witness ess in nr y ca ,t ar_:` isL � ler the crinikmHaws_r i u°, `AhAc, or under: =_se ! stvt�ne tr rssxct�t �ser�;.,t n e,rtt City, r,,ny r nr filaicow w_ lIa ,o, ckwar x;ruit,....e,rsyttiiti�eU,,�a. Fed �xiCour,t,,r' prate,�I rl,t ..refs;ses%t.te t,t, ;e� limled vertu of Fex ; _.. I he Polk" Dn.,,ur"t,nrs1<s,liernnr sp rax rr.M ot,ails pc.intr ("ve}titeithoChiet iiat)_lts , pc fvn)Lhe duties dt,,to Jckness..r othpr„hn is,u00,s',..11e{ ycnt�t,<eiit �s,t�>`.es A s,etxtces<ttfr,r?_ ..r,tsn cI .(e„ssr,�, the (Supp. No. 4, Update 1) Page 33 of 33 Created: 2024-e6-10 10:45:30 [EST] M