10-22-2024 (City Council) Agenda PacketCALL TO ORDER
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATIONS & RECOGNITIONS
PRI . State Fire Marshal's Office Recognizing Wylie Fire Rescue's Class 1 ISO Rating.
PR2. American Legion Hale-Combest Post 315 Recognizing Travis Martinez as 2024 Firefighter of the Year and
George Watson as 2024 EMT/Paramedic of the Year.
PR3. Municipal Court Week.
PR4. Texas Arbor Day.
PR5. Wylie Way Students (K-12).
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
fall 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 October 8, 2024 Regular City Council Meeting minutes.
B. Consider, and act upon, an agreement authorizing the appointment of Art Maldonado as Presiding Municipal
Court Judge for the City of Wylie effective November 1, 2024, setting terms and stipend of service.
C. Consider, and act upon, an agreement authorizing the appointment of Ashley McSwain as Associate
Municipal Court Judge for the City of Wylie effective November 1, 2024, setting terms and stipend of service.
D. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of September 30, 2024.
E. Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for September 30, 2024.
Fe Consider, and place on file, the City of Wylie Monthly Investment Report for September 30, 2024.
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G. Consider, and act upon, a Final Plat, being a Replat of Lots 1 and 2 , Block E of Regency Business Park
Addition Phase 2, creating Lot 1R, Block E of Regency Business Park Addition Phase 2 on 0.5291 acres,
located at 2812-2814 Exchange Street.
H. Consider, and act upon, Ordinance No. 2024-36 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).
I. Consider, and act upon, Ordinance No. 2024-37 amending Wylie's Code of Ordinances, Ordinance No. 2021-
17, as amended, Chapter 98 (Solid Waste), Article II (Collection and Disposal), Division 1 (Generally),
Section 98-21(a) (Residential collection —Regulations); providing for a penalty for the violations of this
ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this
ordinance; and providing for the publication of the caption hereof.
J. Consider, and act upon, the approval of the purchase of automated ADA compliant sliding glass doors from
Door Control Services, a DH Pace Company, in the estimated amount of $123,475.00 and authorizing the
City Manager to execute any and all necessary documents.
K. Consider, and act upon, the approval of the purchase of Trane Tracer SC+ HVAC control equipment and
software from Trane Technologies in the estimated amount of $124,701.00 and authorizing the City Manager
to execute any and all necessary documents.
L. Consider, and act upon, the award of bid #W2024-71-A for the City of Wylie Fire Department Uniforms to
Fireground Supply in the estimated annual amount of $105,000.00, and authorizing the City Manager to
execute any and all necessary documents.
M. Consider, and act upon, the approval of one 2025 Chevrolet Silverado 2500 Crew Cab 4WD pickup truck
purchase for the fire department from Reliable Chevrolet Inc. and authorizing the City Manager to execute
all necessary documents.
N. Consider, and act upon, the approval of body -worn cameras and video equipment purchase for the police
department from Motorola Solutions through a cooperative purchasing agreement with Texas DIR-TSO-
4101, and authorizing the City Manager to execute all necessary documents.
WORK SESSION
WS 1. Discuss potential amendments to Chapter 22, Article XX (Sign Regulations) of the Code of Ordinances.
RECONVENE INTO REGULAR SESSION
EXECUTIVE SESSION
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on its negotiating position.
ESI. 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:
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(1) to discuss or deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of
the governmental body and with which the governmental body is conducting economic development negotiations;
or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1).
ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business
prospect and to discuss the offer of incentives for Projects: 2021-4b, 2021-6c, 2022-lb, 2022-1c, 2023-1c,
2023-2d, 2023-1la, 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, 2024-9e, 2024-9f, 2024-10a, 2024-10b, and 2024-10c.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on October 18, 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:
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.
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1012212024 Item PR4.
Department:
Prepared By:
Parks and Recreation
Janet
Account Code:
Wylie City Council
City of Wylie is celebrating Texas Arbor Day on Friday, November 1, between 3:00 p.m. and 5:00 p.m. in the courtyard
,een the Wylie Recreation Center and Smith Public Library. At this come -and -go celebration, participants may pick up a
seedling at no charge; tree education opportunities will be available, and visitors can create a take-home craft.
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1A1
N
CITY OF
WYLIE
Department:
Prepared By:
City Secretary
Stephanie Storm
Account Code:
Wylie City Council
I and act upon, approval of October 8, 2024 Regular City Council Meeting minutes.
to approve the Item as presented.
minutes are attached for your consideration.
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Wylie City Council Regular Meeting Minutes
October 08, 2024 — 6:00 PM
Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098
JAI
fN
CITY OF
WYLIE
CALL TO ORDER
Mayor Matthew Porter called the regular meeting to order at 6:05 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: City Manager Brent Parker; Deputy City Manager Renae 011ie; Assistant City Manager Lety
Yanez, 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; Animal Services Manager Shelia Patton; Finance
Director Melissa Brown; and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor pro tem Forrester led the invocation and Councilman Williams led the Pledge of Allegiance.
PRESENTATIONS & RECOGNITIONS
PRl. Fire Prevention Week.
Mayor Porter presented a proclamation proclaiming October 6-12, 2024 as Fire Prevention Week in Wylie, Texas.
Members of the Fire Department were present to accept the Proclamation.
PR2. Domestic Violence Awareness Month.
Mayor Porter presented a proclamation proclaiming October 2024, as Domestic Violence Awareness Month in
Wylie, Texas. Wylie Police Department Crime Victim Advocate Kisha Voss, Fran Frazier and Jennifer Lajoie
representing Agape Resource and Assistance Center, and Tonja Alexander representing W.I.N.N.E.R.S. were
present to accept the Proclamation.
PR3. Breast Cancer Awareness Month.
Mayor Porter recognized the month of October as Breast Cancer Awareness Month.
PR4. World Dyslexia Day.
Mayor Porter recognized October 8, 2024 as World Dyslexia Day.
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.
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Aleksandra Rolfson addressed the Council with concerns regarding the water meters.
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 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.
D. 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.
Mayor Porter requested Item F be pulled from the Consent Agenda and considered individually.
Council Action
A motion was made by Councilman Mulligi, seconded by Councilman Strang, to approve Consent Agenda Items
A-E as presented. A vote was taken and the motion passed 7-0.
EXECUTIVE SESSION
Mayor Porter convened the Council into Executive Session at 6:44 p.m.
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.
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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.
Mayor Porter reconvened the Council into Open Session at 8:51 p.m.
REGULAR AGENDA
F. Consider, and place on file, the Animal Shelter Advisory Board report to City Council.
Council Comments
Mayor Porter stated staff had emailed the Council informing them of an update to the TNR April through June 2024
Report (page 23 of the agenda packet). The report in the packet listed one Behavioral under Euthanasia Reason;
however, that one "Behavioral" should have been listed beside "FeLV" (feline leukemia virus).
Council Action
A motion was made by Mayor pro tem Forrester, seconded by Councilman Duke, to approve Item F as amended.
A vote was taken and the motion passed 7-0.
1. Consider, and act upon, appointment of City Engineer.
Council Action
A motion was made by Councilman Mulliqi, seconded by Mayor pro tem Forrester, to appoint Ahmed Alqaisi as
City Engineer. A vote was taken and the motion passed 5-2 with Mayor Porter and Councilman Duke against.
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).
Public Hearin
Mayor Porter opened the public hearing on Item 2 at 8:55 p.m. asking anyone present wishing to address Council
to come forward.
There was no person present wishing to address the Council.
Mayor Porter closed the public hearing at 8:55 p.m.
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, 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,
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1012212024 it,, A.
redemption, and disposition of animals; providing for repealing, savings and severability clauses and
providing for an effective date of this ordinance.
Council Action
A motion was made by Mayor pro tem Forrester, seconded by Councilman Williams, to approve Item 3 as presented.
A vote was taken and the motion passed 7-0.
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.
Council Action
A motion was made by Mayor pro tem Forrester, seconded by Councilman Hoover, to approve Item 4 as presented.
A vote was taken and the motion passed 7-0.
3.t..Y.Y[�J►1
Mayor Porter convened the Council into Work Sessions at 9:03 p.m.
WSl. Discuss potential changes to the City Charter for a future Charter Amendment Election.
RECONVENE INTO REGULAR SESSION
Mayor Porter reconvened the Council into Regular Session at 10:01 p.m.
EXECUTIVE SESSION
Mayor Porter convened the Council into Executive Session at 10:02 p.m.
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on its negotiating position.
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, 2022-1b, 2022-1c, 2022-
10c, 2023-1c, 2023-2d, 2023-11 a, 2023-11b, 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.
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1012212024 it,, A.
Mayor Porter reconvened the Council into Open. Session at 10:55 p.m.
Council Action
A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang, to authorize the WEDC to enter
into a Performance Agreement with Project 2024-7a in an amount not to exceed $40,000. A vote was taken and the
motion passed 7-0.
Council Action
A motion was made by Councilman Mulliqi, seconded by Councilman Williams, to authorize the WEDC to enter
into a Performance Agreement with Project 2022-1 c in an amount not to exceed $1.2 million. A vote was taken and
the motion passed 7-0.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-1).
City Secretary Storm read the captions of Ordinance Nos. 2024-33, 2024-34, and 2024-35 into the official record.
ADJOURNMENT
A motion was made by Councilman Strang, seconded by Councilman Hoover, to adjourn the meeting at 10:58 p.m.
A vote was taken and the motion passed 7-0.
Matthew Porter, Mayor
ATTEST:
Stephanie Storm, City Secretary
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1012212024 Item B.
Department: Municipal Court Account Code:
Prepared By: Lisa Mangham
and act upon, an agreement authorizing the appointment of Art Maldonado as Municipal Court Judge for the City
effective November 1, 2024. settine terms and stipend of service.
to approve the Item as presented.
-ticle IV, Section 3b of the City of Wylie Charter states "the city council shall appoint a judge of the municipal court, who
all be a competent, duly qualified, licensed attorney in the State of Texas. The judge of the municipal court shall be appointed
a term of two years, and may be appointed to additional and consecutive terms, upon completion of his term of office. The
pointment of the judge may be terminated by a majority vote of the city council. The judge shall receive compensation as
iy be determined by the city council. This compensation shall be fixed, and commensurate with the duties performed by the
J.._, I,
'he appointment of the Presiding Municipal Court Judge is for a two year term effective November 1, 2024 through October
1, 2026, and may be renewed for another two (2) year term. Compensation for services provided by the Municipal Court
udge is a set monthly rate of $3,500.00 (average $109.38 an hour based on 32 hours). Judge Maldonado presides over show
ause, pre-trial, Bench and Jury dockets, performs video arraignments for the Wylie jail, and signs warrants after hours. Judge
art Maldonado has served the City for 17 years as the Presiding Municipal Court Judge. It is recommended that Judge
✓laldonado continue to provide service to the City as the Presiding Municipal Court Judge.
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1012212024 Item B.
MUNICIPAL COURT JUDICIAL SERVICES AGREEMENT — PRESIDING JUDGE
The City of Wylie, Texas, a home -rule municipality ("Wylie"), and Art Maldonado
("Contractor") hereby enter into this Municipal Court Judicial Services Agreement ("Agreement"). Wylie
and Contractor are sometimes referred to collectively as the "parties" or individually as a "party."
ty."
WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has established and maintains
the Wylie Municipal Court and appoints judges as may be necessary to serve the Court pursuant to Article
IV, § 3 of Wylie City Charter; and
WHEREAS, Contractor desires to contract with Wylie to provide such judicial services as the
presiding judge for the Wylie Municipal Court under the terms and conditions of this Agreement; and
WHEREAS, Contractor represents and warrants that through education and experience, Contractor
possesses the requisite skills to provide such judicial services in a professional and competent manner; and
WHEREAS, Wylie and Contractor acknowledge and agree that this Agreement is not an
employment agreement and does not establish a relationship of employer and employee between Wylie and
Contractor, but defines a relationship between the parties wherein the Contractor is in fact an independent
contractor of Wylie; and
WHEREAS, Contractor reserves independence to act within the limits imposed by law and
professional obligations such that Wylie's objectives during the term of this Agreement will be furthered
through means the Contractor considers appropriate in accordance with Contractor's professional
obligations and as may be required by the Texas Code of Judicial Conduct and other applicable rules and
regulations.
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Scope of Services. Contractor shall provide judicial services as the presiding judge in Wylie
Municipal Court and shall furnish all labor, equipment, supplies and all other items necessary to
provide the services and deliverables as specified by the terms and conditions of this Agreement
(collectively, "Services"). The Services include, but are not limited to, the following:
(a) Hearing and consideration of cases and other matters scheduled and assigned to Contractor
in the Wylie Municipal Court;
(b) Presiding over Wylie Municipal Court dockets, including pretrial conferences, pretrial
hearings, plea and arraignments proceedings, trials and other proceedings scheduled and
assigned to Contractor in the Wylie Municipal Court;
(c) Issuing appropriate rulings and orders in cases and other matters scheduled and assigned
to Contractor in the Wylie Municipal Court;
(d) Perform magistrate, arraignment and warrant duties scheduled and assigned to Contractor;
(e) Communicating with Wylie Municipal Court staff, judges, prosecuting and defending
attorneys, defendants and other participants in cases and other matters scheduled and
Municipal Court Judicial Services Agreement — Presiding Judge Page 1 of 6
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1012212024 Item B.
assigned to Contractor in the Wylie Municipal Court;
(f) Establishing the times and days for the court dockets;
(g) Performing such other functions within Wylie Municipal Court normally required of a
municipal court presiding judge; and
(h) Providing Wylie timely updates regarding changes in the scope and nature of the Services
provided hereunder that may affect operations, policies or activities of Wylie Municipal
Court and making recommendations on improving the quality and efficiency of the
Services provided hereunder.
Contractor shall perform the Services at the dockets to which he/she may be scheduled. If
Contractor is unavailable to complete these Services, it shall be the duty of Contractor to seek an
alternative method of fulfilling these duties through another Wylie -appointed Judge.
2. Term; Termination. The tern of this Agreement shall commence on the Effective Date (hereinafter
defined) of this Agreement and shall continue in effect until the second anniversary of the Effective
Date, unless terminated earlier in accordance with this Agreement or the City Charter. Wylie shall
have the option to extend this Agreement for additional terms of two (2) years each on the same
terms and conditions by giving Contractor written notice of its intent to extend prior to the
expiration of the then -current two (2) year term, provided that the City Council has re -appointed
Contractor as the presiding judge in accordance with Section 4.03 of the City Charter. Wylie is
entitled to terminate this Agreement at any time for any reason or for no reason by giving Contractor
written notice of termination, removal or non -appointment. Contractor is entitled to terminate this
Agreement at any time for any reason or for no reason by giving Wylie at least thirty (30) days'
prior written notice of the termination date. The term of this Agreement shall automatically
terminate on the date that Contractor ceases to maintain all necessary qualifications to serve as a
judge for the Wylie Municipal Court, including but not limited to being a licensed attorney in good
standing and/or having two or more years of experience in the practice of law in Texas should the
Wylie Municipal Court be converted to a municipal court of record.
Compensation; Billing. In exchange for Contractor's provision of the Services as described in this
Agreement, Wylie agrees to pay Contractor at the rate of $3,500.00 per month of work actually
performed by Contractor under this Agreement. Such amount shall be payable on a monthly basis
at the time and in the manner determined by Wylie. Wylie is entitled to withhold, deduct and pay
from such amount applicable income and other payroll taxes, but in no event shall such actions by
Wylie alter the parties' independent contractor relationship or entitle Contractor to any
employment, insurance, vacation or other benefits. In this regard, Contractor shall defend,
indemnify and hold harmless Wylie from any and all liability which may result from the failure to
withhold, and/or the withholding of, any sums from the monies payable to Contractor under this
Agreement, including, but not limited to, any taxes, interest or penalties owed to the Internal
Revenue Service or any other party.
No additional compensation shall be due to Contractor for any travel to or from Wylie or for travel
to any hearings, trials or other proceedings. Notwithstanding anything to the contrary herein, Wylie
shall not be required to pay Contractor if Contractor is in breach of this Agreement.
As an appointed official, Contractor agrees to perform the service required by the position of
presiding judge and is not limited to or guaranteed a preset number of hours per week or per month
Municipal Court Judicial Services Agreement — Presiding Judge Page 2 of 6
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1012212024 Item B.
to perform such services. Contractor is expected to engage in those hours of work which are
necessary to fulfill the obligations of Contractor's position. Contractor acknowledges that the
proper performance of duties as presiding judge will often require the performance of necessary
services at times and for extended periods other than as scheduled. Contractor agrees to devote
such additional time as is necessary for the full and proper performance of duties and that the
compensation herein provided for includes compensation for the performance of all such Services.
4. Cooperation. Contractor acknowledges that Wylie is entitled, in its sole discretion, to contract with
and/or assign other judges to provide the same or similar judicial services for Wylie Municipal
Court, and Contractor agrees to fully cooperate with Wylie and any such other judges in this regard,
including but not limited to, coordinating the scheduling and coverage of the dockets and other
needs of Wylie Municipal Court.
Conflicts. Wylie recognizes that Contractor may represent clients as an attorney. During the term
of this Agreement, Contractor shall not represent any person or entity or otherwise engage in the
practice of law in a matter directly adverse to Wylie, in an adversarial capacity before the Wylie
City Council or any of its courts, agencies, boards or commissions, or in a matter that Wylie
determines is adverse to the interests of Wylie. Further, Contractor represents that Contractor does
not have any personal, business or financial interests or relationships which would cause a
reasonable individual with knowledge of the relevant facts to question the integrity or impartiality
of Contractor in performing the Services. Contractor shall evaluate on an ongoing basis whether,
in Contractor's professional judgment, a conflict may become apparent or imminent. In the event
that Contractor believes a conflict may develop or has developed, Contractor shall immediately
communicate with Wylie about the perceived potential conflict.
6. Professional Obligations. Contractor must complete the minimum number of hours of instruction
annually in the performance of the duties of a municipal court presiding judge as required by the
laws of the State of Texas and any applicable rule or statute. Wylie shall pay the reasonable cost
of such required training, including required books and materials upon receipt by Wylie of written
invoices for the same. Contractor shall ensure that official copies of records documenting such
training shall be kept and maintained at all times. The Contractor shall provide proof of current
certification from the State Bar of Texas on October 1 of each year during the term of this
Agreement.
7. Entire Agreement. This Agreement contains all representations, understandings, contracts and
agreements between the parties regarding the subject matter of this Agreement. This Agreement
supersedes all oral or written previous and contemporaneous agreements, writings, understandings,
representations or contracts between the parties regarding the subject matter of this Agreement. No
amendment to this Agreement shall be made except on the written agreement of the parties, which
shall not be construed to release either party from any obligation of this Agreement except as
specifically provided for in such amendment.
8. No Supervisory Capacity. Contractor acknowledges that the clerks of the Wylie Municipal Court
are supervised by the City Manager as administrative employees and that Municipal Court
prosecutors are supervised by the City Attorney. Contractor does not serve in a supervisory role as
to any of these or other employees of Wylie except with regard to judicial procedures of the court.
However, he/she shall consult with the appropriate department head or City Manager concerning
needed improvements or problems that come to his/her attention through his/her service under this
Agreement.
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1012212024 Item B.
9. No Prohibited Interest. Contractor acknowledges and agrees that it is aware of, and will abide by,
the no prohibited interest requirement of Wylie City Charter. Contractor acknowledges and agrees
that the existence of a prohibited interest during the term of this Agreement will render this
Agreement voidable.
10. Liability. To the fullest extent permitted by law, Contractor shall be fully and solely responsible
and liable for Contractor's own acts and omissions and for any and all damage to Contractor's
equipment and other property. Wylie assumes no such responsibility or liability. Wylie shall have
no such responsibility or liability to Contractor.
11. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes,
ordinances, regulations and policies, as they exist, may be amended or in the future arising,
applicable to Contractor and its work under this Agreement. If Contractor observes or is notified
that the work under this Agreement is at variance with applicable laws, statutes, ordinances,
regulations and policies, Contractor shall immediately notify Wylie in writing.
12. Assignment. Contractor agrees that neither this Agreement nor the work to be performed hereunder
will be assigned or sublet without the prior written consent of Wylie.
13. Savings/Severability. In the event that a term, condition or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent
jurisdiction, then that term, condition or provision shall be deleted and the remainder of the
Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or
unlawful provision had never been included in this Agreement.
14. Consideration. This Agreement is executed by the parties without coercion or duress and for
substantial consideration, the sufficiency of which is forever confessed.
15. Attorneys' Fees. If either party files any action or brings any proceeding against the other arising
from this Agreement, then as between Wylie and Contractor, the prevailing party shall be entitled
to recover as an element of its costs of suit, and not as damages, reasonable and necessary attorneys'
fees and litigation expenses both at trial and on appeal.
16. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement, without regard to conflict of law principles. This
Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising
out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas.
17. No Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party
to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit,
or waive such party's right thereafter to enforce and compel strict compliance.
1.8. Headings. The headings of the various sections of this Agreement are included solely for
convenience of reference and are not to be full or accurate descriptions of the content thereof.
1.9. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and
may be served by depositing the same in the United States Mail, addressed to the party to be
notified, postage pre -paid and registered or certified with return receipt requested; by electronic
mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in
person to such party a via hand -delivery service, or to any courier service that provides a return
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1012212024 Item B.
receipt showing the date of actual delivery of the same to the addressee thereof. Notice given in
accordance herewith shall be effective on receipt at the address of the addressee. For purposes of
notification, the addresses of the parties shall be as follows:
If to Contractor, to: Art Maldonado
2770 Main Street, Suite 91
Frisco, TX 75033
Telephone: 214-619-2600
If to Wylie, to: City of Wylie
Attn: City Manager, Brent Parker
300 Country Club Rd
Wylie, Texas
Email: brent.parker@wylietexas.gov
With a copy to: Abernathy, Roeder, Boyd & Hullett, P.C.
Attn.: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544-4054
20. Representations. Each parry states that it has carefully read this Agreement, knows the contents
hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is
signing the same solely of its own judgment.
21. Independent Contractor. Contractor covenants and agrees that Contractor is an independent
contractor and not an officer, agent, servant or employee of Wylie; that Contractor shall have
exclusive control of and exclusive right to control the details of the work performed hereunder and
all persons performing the same; that the doctrine of respondent superior shall not apply as between
Wylie and Contractor; and that nothing herein shall be construed as creating a partnership or joint
enterprise between Wylie and Contractor. Neither Contractor nor his agents or employees shall be
deemed to be an employee of Wylie for any purpose whatsoever. Contractor shall not be eligible
to participate in any benefit program provided by Wylie for its employees. Contractor shall be
exclusively responsible for the payment of his/her own taxes, withholding payments, penalties,
fees, fringe benefits, contributions to insurance and pension or other deferred compensation plans,
including but not limited to worker's compensation and Social Security obligations, professional
fees or dues. Wylie may arrange to provide space for Contractor to use to facilitate access to the
Municipal Court staff and others. The provision of space is not compensation, nor does it change
the nature of the relationship from that of independent contractor. Contractor agrees to make use
of the space, if any, as an accommodation to Wylie and only to conduct business in accordance
with this Agreement.
22. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing
recitals of this Agreement are true and correct and are hereby incorporated into the body of this
Agreement and adopted as findings of the authorized representatives of Wylie and Contractor.
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1012212024 Item B.
23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties
hereto. The language of all parts of this Agreement shall be construed as a whole according to its
fair meaning, and any presumption or principle that the language herein is to be construed against
any party shall not apply. Headings in this Agreement are for the convenience of the parties and
are not intended to be used in construing this document.
24. No Waiver of Immunity. The parties acknowledge and agree that, in executing and performing this
Agreement, Wylie has not waived, nor shall be deemed to have waived, any defense or immunity,
including governmental, sovereign and official immunity, that would otherwise be available to it
against claims arising in the exercise of governmental powers and functions. By entering into this
Agreement, the parties do not create any obligations, express or implied, other than those set forth
herein
25. Chapter 2270 Certification. In accordance with Chapter 2270 of the Texas Government Code,
Contractor hereby certifies that Contractor (a) does not boycott Israel; and (b) will not boycott Israel
during the term of any contract with Wylie, including during the term of this Agreement.
26. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile
signature will also be deemed to constitute an original if properly executed and delivered to the
other party.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement
to be effective when all the parties have signed it. The date this Agreement is signed by the last party to
sign it (as indicated by the date associated with that parry's signature below) will be deemed the effective
date of this Agreement ("Effective Date").
CITY OF WYLIE, TEXAS
By:
Printed Name:
Title:
Date:
By:
Printed Name:
Date:
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1012212024 Item C.
Department: Municipal Court Account Code:
Prepared By: Lisa Mangham
isider, and act upon, an agreement authorizing the appointment of Ashley McSwain as Associate Municipal Court J
the City of Wylie effective November 1, 2024, setting terms and hourly rate of service.
to approve the Item as presented.
IV, Section 3c of the City of Wylie Charter states "the City Council shall, in the absence or disability of the appointed
of the municipal court, appoint an acting judge to serve during such absence or disability. The acting judge may be
usated by the City Council for his performance of required duties..."
he appointment of the Associate Municipal Court Judge is for a two year term effective November 1, 2024 through October
1, 2026, and may be renewed for another two (2) year term. Compensation for services provided by the Associate Municipal
ourt Judge is a set monthly rate of $3,000.00. Judge McSwain works approximately 40 hours a month ($75.00 an hour). She
arrently presides over our truancy dockets, performs magistrates for the jail, signs warrants, and other judicial services as
ceded. Judge McSwain has served the City of Wylie for four years as the Associate Municipal Court Judge.
t is recommended that Judge McSwain continue to provide service to the City as the City of Wylie Municipal Court Associate
I dge.
�J
1012212024 Item C.
MUNICIPAL COURT JUDICIAL SERVICES AGREEMENT — ASSOCIATE JUDGE
The City of Wylie, Texas, a home -rule municipality ("Wylie"), and Ashley McSwain
("Contractor") hereby enter into this Municipal Court Judicial Services Agreement ("Agreement"). Wylie
and Contractor are sometimes referred to collectively as the "parties" or individually as a "party."
ty."
WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has established and maintains
the Wylie Municipal Court and appoints judges as may be necessary to serve the Court pursuant to Article
IV, § 3 of Wylie City Charter; and
WHEREAS, Contractor desires to contract with Wylie to provide such judicial services as an
associate judge for the Wylie Municipal Court under the terms and conditions of this Agreement; and
WHEREAS, Contractor represents and warrants that through education and experience,
Contractor possesses the requisite skills to provide such judicial services in a professional and competent
manner; and
WHEREAS, Wylie and Contractor acknowledge and agree that this Agreement is not an
employment agreement and does not establish a relationship of employer and employee between Wylie and
Contractor, but defines a relationship between the parties wherein the Contractor is in fact an independent
contractor of Wylie; and
WHEREAS, Contractor reserves independence to act within the limits imposed by law and
professional obligations such that Wylie's objectives during the term of this Agreement will be furthered
through means the Contractor considers appropriate in accordance with Contractor's professional
obligations and as may be required by the Texas Code of Judicial Conduct and other applicable rules and
regulations.
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
Scope of Services. Contractor shall provide judicial services as an associate judge in Wylie
Municipal Court and shall furnish all labor, equipment, supplies and all other items necessary to
provide the services and deliverables as specified by the terms and conditions of this Agreement
(collectively, "Services"). The Services include, but are not limited to, the following:
(a) Hearing and consideration of cases and other matters scheduled and assigned to Contractor
in the Wylie Municipal Court;
(b) Presiding over Wylie Municipal Court dockets, including pretrial conferences, pretrial
hearings, plea and arraignments proceedings, trials and other proceedings scheduled and
assigned to Contractor in the Wylie Municipal Court;
(c) Issuing appropriate rulings and orders in cases and other matters scheduled and assigned
to Contractor in the Wylie Municipal Court;
(d) Perform magistrate, arraignment and warrant duties scheduled and assigned to Contractor;
(e) Communicating with Wylie Municipal Court staff, judges, prosecuting and defending
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1012212024 Item C.
attorneys, defendants and other participants in cases and other matters scheduled and
assigned to Contractor in the Wylie Municipal Court;
(f) Performing such other functions within Wylie Municipal Court normally required of a
municipal court associate judge; and
(g) Providing Wylie timely updates regarding changes in the scope and nature of the Services
provided hereunder that may affect operations, policies or activities of Wylie Municipal
Court and making recommendations on improving the quality and efficiency of the
Services provided hereunder.
The Presiding Judge of the Wylie Municipal Court shall establish the times and days for the court
dockets and retains authority to change the same from time to time. Contractor shall perform the
Services at the dockets so established and to which he/she may be scheduled. If Contractor is
unavailable to complete these Services, it shall be the duty of Contractor to seek an alternative
method of fulfilling these duties through another Wylie -appointed Judge.
2. Term; Termination. The tern of this Agreement shall commence on the Effective Date (hereinafter
defined) of this Agreement and shall continue in effect until the second anniversary of the Effective
Date, unless terminated earlier in accordance with this Agreement or the City Charter. Wylie shall
have the option to extend this Agreement for additional terms of two (2) years each on the same
terms and conditions by giving Contractor written notice of its intent to extend prior to the
expiration of the then -current two (2) year term, provided that the City Council has re -appointed
Contractor as the presiding judge in accordance with Section 4.03 of the City Charter. Wylie is
entitled to terminate this Agreement at any time for any reason or for no reason by giving Contractor
written notice of termination, removal or non -appointment. Contractor is entitled to terminate this
Agreement at any time for any reason or for no reason by giving Wylie at least thirty (30) days'
prior written notice of the termination date. The term of this Agreement shall automatically
terminate on the date that Contractor ceases to maintain all necessary qualifications to serve as a
judge for the Wylie Municipal Court, including but not limited to being a licensed attorney in good
standing and/or having two or more years of experience in the practice of law in Texas should the
Wylie Municipal Court be converted to a municipal court of record.
Compensation; Billing. In exchange for Contractor's provision of the Services as described in this
Agreement, Wylie agrees to pay Contractor at the rate of $3,000.00 per month of work actually
performed by Contractor under this Agreement. Such amount shall be payable on a monthly basis
at the time and in the manner determined by Wylie. Wylie is entitled to withhold, deduct and pay
from such amount applicable income and other payroll taxes, but in no event shall such actions by
Wylie alter the parties' independent contractor relationship or entitle Contractor to any
employment, insurance, vacation or other benefits. In this regard, Contractor shall defend,
indemnify and hold harmless Wylie from any and all liability which may result from the failure to
withhold, and/or the withholding of, any sums from the monies payable to Contractor under this
Agreement, including, but not limited to, any taxes, interest or penalties owed to the Internal
Revenue Service or any other party.
No additional compensation shall be due to Contractor for any travel to or from Wylie or for travel
to any hearings, trials or other proceedings. Notwithstanding anything to the contrary herein, Wylie
shall not be required to pay Contractor if Contractor is in breach of this Agreement.
As an appointed official, Contractor agrees to perform the service required by the position of
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1012212024 Item C.
presiding judge and is not limited to or guaranteed a preset number of hours per week or per month
to perform such services. Contractor is expected to engage in those hours of work which are
necessary to fulfill the obligations of Contractor's position. Contractor acknowledges that the
proper performance of duties as presiding judge will often require the performance of necessary
services at times and for extended periods other than as scheduled. Contractor agrees to devote
such additional time as is necessary for the full and proper performance of duties and that the
compensation herein provided for includes compensation for the performance of all such Services.
4. Cooperation. Contractor acknowledges that Wylie is entitled, in its sole discretion, to contract with
and/or assign other judges to provide the same or similar judicial services for Wylie Municipal
Court, and Contractor agrees to fully cooperate with Wylie and any such other judges in this regard,
including but not limited to, coordinating the scheduling and coverage of the dockets and other
needs of Wylie Municipal Court.
Conflicts. Wylie recognizes that Contractor may represent clients as an attorney. During the term
of this Agreement, Contractor shall not represent any person or entity or otherwise engage in the
practice of law in a matter directly adverse to Wylie, in an adversarial capacity before the Wylie
City Council or any of its courts, agencies, boards or commissions, or in a matter that Wylie
determines is adverse to the interests of Wylie. Further, Contractor represents that Contractor does
not have any personal, business or financial interests or relationships which would cause a
reasonable individual with knowledge of the relevant facts to question the integrity or impartiality
of Contractor in performing the Services. Contractor shall evaluate on an ongoing basis whether,
in Contractor's professional judgment, a conflict may become apparent or imminent. In the event
that Contractor believes a conflict may develop or has developed, Contractor shall immediately
communicate with Wylie about the perceived potential conflict.
6. Professional Obligations. Contractor must complete the minimum number of hours of instruction
annually in the performance of the duties of a municipal court associate judge as required by the
laws of the State of Texas and any applicable rule or statute. Wylie shall pay the reasonable cost
of such required training, including required books and materials upon receipt by Wylie of written
invoices for the same. Contractor shall ensure that official copies of records documenting such
training shall be kept and maintained at all times. The Contractor shall provide proof of current
certification from the State Bar of Texas on. October 1 of each year during the term of this
Agreement.
7. Entire Agreement. This Agreement contains all representations, understandings, contracts and
agreements between the parties regarding the subject matter of this Agreement. This Agreement
supersedes all oral or written previous and contemporaneous agreements, writings, understandings,
representations or contracts between the parties regarding the subject matter of this Agreement. No
amendment to this Agreement shall be made except on the written agreement of the parties, which
shall not be construed to release either party from any obligation of this Agreement except as
specifically provided for in such amendment.
8. No Supervisory Capacity. Contractor acknowledges that the clerks of the Wylie Municipal Court
are supervised by the City Manager as administrative employees and that Municipal Court
prosecutors are supervised by the City Attorney. Contractor does not serve in a supervisory role as
to any of these or other employees of Wylie except with regard to judicial procedures of the court.
However, he/she shall consult with the appropriate department head or City Manager concerning
needed improvements or problems that come to his/her attention through his/her service under this
Agreement.
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1012212024 Item C.
9. No Prohibited Interest. Contractor acknowledges and agrees that it is aware of, and will abide by,
the no prohibited interest requirement of Wylie City Charter. Contractor acknowledges and agrees
that the existence of a prohibited interest during the tenn of this Agreement will render this
Agreement voidable.
10. Liability. To the fullest extent permitted by law, Contractor shall be fully and solely responsible
and liable for Contractor's own acts and omissions and for any and all damage to Contractor's
equipment and other property. Wylie assumes no such responsibility or liability. Wylie shall have
no such responsibility or liability to Contractor.
11. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes,
ordinances, regulations and policies, as they exist, may be amended or in the future arising,
applicable to Contractor and its work under this Agreement. If Contractor observes or is notified
that the work under this Agreement is at variance with applicable laws, statutes, ordinances,
regulations and policies, Contractor shall immediately notify Wylie in writing.
12. Assignment. Contractor agrees that neither this Agreement nor the work to be performed hereunder
will be assigned or sublet without the prior written consent of Wylie.
13. Savings/Severability. In the event that a term, condition or provision of this Agreement is
determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent
jurisdiction, then that term, condition or provision shall be deleted and the remainder of the
Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or
unlawful provision had never been included in this Agreement.
14. Consideration. This Agreement is executed by the parties without coercion or duress and for
substantial consideration, the sufficiency of which is forever confessed.
15. Attorneys' Fees. If either party files any action or brings any proceeding against the other arising
from this Agreement, then as between Wylie and Contractor, the prevailing party shall be entitled
to recover as an element of its costs of suit, and not as damages, reasonable and necessary attorneys'
fees and litigation expenses both at trial and on appeal.
16. Governing Law; Venue. The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement, without regard to conflict of law principles. This
Agreement is performable in Collin County, Texas, and the exclusive venue for any action arising
out of this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas.
17. No Waiver. Waiver by either party of any breach of this Agreement, or the failure of either party
to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit,
or waive such party's right thereafter to enforce and compel strict compliance.
1.8. Headings. The headings of the various sections of this Agreement are included solely for
convenience of reference and are not to be full or accurate descriptions of the content thereof.
1.9. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and
may be served by depositing the same in the United States Mail, addressed to the party to be
notified, postage pre -paid and registered or certified with return receipt requested; by electronic
mail, with documentation evidencing the addressee's receipt thereof; or by delivering the same in
person to such party a via hand -delivery service, or to any courier service that provides a return
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1012212024 Item C.
receipt showing the date of actual delivery of the same to the addressee thereof. Notice given in
accordance herewith shall be effective on receipt at the address of the addressee. For purposes of
notification, the addresses of the parties shall be as follows:
If to Contractor, to: Ashley McSwain
108 S. Jackson Ave. Ste.207
Wylie, Texas 75098
Telephone:469-626-9871
If to Wylie, to: City of Wylie
Attn: City Manager, Brent Parker
300 Country Club Rd
Wylie, Texas
Email: brent.parker@wylietexas.gov
With a copy to: Abernathy, Roeder, Boyd & Hullett, P.C.
Attn.: Ryan D. Pittman
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544-4054
20. Representations. Each parry states that it has carefully read this Agreement, knows the contents
hereof, has consulted with an attorney of its choice regarding the meaning and effect hereof and is
signing the same solely of its own judgment.
21. Independent Contractor. Contractor covenants and agrees that Contractor is an independent
contractor and not an officer, agent, servant or employee of Wylie; that Contractor shall have
exclusive control of and exclusive right to control the details of the work performed hereunder and
all persons performing the same; that the doctrine of respondent superior shall not apply as between
Wylie and Contractor; and that nothing herein shall be construed as creating a partnership or joint
enterprise between Wylie and Contractor. Neither Contractor nor his agents or employees shall be
deemed to be an employee of Wylie for any purpose whatsoever. Contractor shall not be eligible
to participate in any benefit program provided by Wylie for its employees. Contractor shall be
exclusively responsible for the payment of his/her own taxes, withholding payments, penalties,
fees, fringe benefits, contributions to insurance and pension or other deferred compensation plans,
including but not limited to worker's compensation and Social Security obligations, professional
fees or dues. Wylie may arrange to provide space for Contractor to use to facilitate access to the
Municipal. Court staff and others. The provision of space is not compensation, nor does it change
the nature of the relationship from that of independent contractor. Contractor agrees to make use
of the space, if any, as an accommodation to Wylie and only to conduct business in accordance
with this Agreement.
22. Incorporation of Recitals. The representations, covenants and recitations set forth in the foregoing
recitals of this Agreement are true and correct and are hereby incorporated into the body of this
Agreement and adopted as findings of the authorized representatives of Wylie and Contractor.
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1012212024 Item C.
23. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties
hereto. The language of all parts of this Agreement shall be construed as a whole according to its
fair meaning, and any presumption or principle that the language herein is to be construed against
any party shall not apply. Headings in this Agreement are for the convenience of the parties and
are not intended to be used in construing this document.
24. No Waiver of Immunity. The parties acknowledge and agree that, in executing and performing this
Agreement, Wylie has not waived, nor shall be deemed to have waived, any defense or immunity,
including governmental, sovereign and official immunity, that would otherwise be available to it
against claims arising in the exercise of governmental powers and functions. By entering into this
Agreement, the parties do not create any obligations, express or implied, other than those set forth
herein
25. Chapter 2270 Certification. In accordance with Chapter 2270 of the Texas Government Code,
Contractor hereby certifies that Contractor (a) does not boycott Israel; and (b) will not boycott Israel
during the term of any contract with Wylie, including during the term of this Agreement.
26. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile
signature will also be deemed to constitute an original if properly executed and delivered to the
other party.
IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement
to be effective when all the parties have signed it. The date this Agreement is signed by the last party to
sign it (as indicated by the date associated with that party's signature below) will be deemed the effective
date of this Agreement ("Effective Date").
CITY OF WYLIE, TEXAS
By:
Printed Name:
Title:
Date:
By:
Printed Name:
Date:
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1 1012212024 Item D. I
1A1
N
CITY OF
WYLIE
Department: WEDC
Prepared By: Jason Greiner
Wylie City Council
FA-cJ 4 Ll I P I : D
Account Code:
nsider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development
of September 30, 2024.
to approve the Item as presented.
`he Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on October 1
024.
1 1012212024 Item D. I
September Rev/Exp Report
WYLIEECONOMIC
DEVELOPMENT
Account Summary
For Fiscal: 2023-2024
Period
Ending: 09/30/2024
Variance
Original
Current
Period
Fiscal
Favorable
Percent
Total Budget
Total Budget
Activity
Activity
(Unfavorable)
Remaining
Fund: 111- WYLIE ECONOMIC DEVEL CORP
Revenue
Category: 400 - Taxes
11.1-4000-40210
SALES TAX
4,536,561.00
4,536,561.00
408,571,56
4,025,868.31
-510,692.69
11.26%
Category: 400 - Taxes Total:
4,536,561.00
4,536,561.00
408,571.56
4,025,868.31
-510,692.69
11.26%
Category: 460 - Interest Income
11.1 4000.46110
ALLOCATED INTEREST EARNINGS
112,000,00
112,000.00
41,611.58
526,632.97
414,632.97
470.21%
Category: 460 - Interest Income Total:
112,000.00
112,000.00
41,611.58
526,632.97
414,632.97
370.21%
Category: 480 - Miscellaneous
Income
112 4000-48110
RENTAL INCOME
48,600.00
48,600.00
400.00
31,180.65
-17,419.35
35.84%
111-4000-48410
MISCELLANEOUS INCOME
0.00
1,250.00
6.44
1,953.52
703.52
156.28%
111 -4000-48430
GAIN/(LOSS) SALE OF CAP ASSETS
2,655,970.00
2,655,970.00
0.00
-223,384.36
-2,879,354.36
108,41%
Category: 480 - Miscellaneous Income Total:
2,704,570.00
2,705,820.00
406.44
-190,250.19
-2,896,070.19
107.03%
Revenue Total:
7,353,131.00
7,354,381.00
450,589.58
4,362,251.09
-2,992,129.91
40.69%
Expense
Category: 510 - Personnel
Services
111-5611151110
SALARIES
440,500,00
460,570.00
37,041.29
402,406.84
58,163.16
12.63%
111-5611-51110
OVERTIME
0.00
0.00
0.00
871.40
-871.40
0.00 %
111-5611-51140,
LONGEVITY PAY
1,200.00
1,200,00
0.00
1,092.00
108.00
9,00%
111-5611-51145
SICK LEAVE BUYBACK
0.00
3,943.98
3,943.98
3,943.98
0.00
0.00%
111-56115131.0
TMRS
68,500.00
72,222.32
6,105,19
59,380.31
12,842.01
17,78 %
111-5611151410
HOSPITAL& LIFE INSURANCE
81,000.00
81,169.00
5,968.78
61,872.33
19,296.67
23.77%
111-5611 51420
LONG-TERM DISABILITY
1,600.00
1,714.00
143.27
681.68
1,032.32
60.23 %
111-5611-51440
FICA
27,000.00
28,489.53
2,420.36
23,538.32
4,951.21
17.38 %
111.50,
MEDICARE
6,400.00
6,748,19
566.05
5,504.94
1,243.25
18.42 %
111-5611-51470
WORKERS COMP PREMIUM
2,100.00
2,100.00
0.00
1,137.35
962.65
45.84%
111-5611-51480
UNEMPLOYMENT COMP (TWC)
1,600.00
1,600.00
48.26
720.73
879.27
54.95%
Category: 510 - Personnel Services Total:
629,900.00
659,757.02
56,237.18
561,149.88
98,607.14
14.95%
Category: 520 - Supplies
111- 5611-520 10
OFFICE SUPPLIES
5,000.00
5,000.00
350.89
4,020.77
979.23
19.58%
111-5611-52040
POSTAGE & FREIGHT
300.00
300.00
0.00
194.70
105.30
35,10%
111-5611-5281.0
FOOD SUPPLIES
3,000.00
3,800.00
395.81
3,282.18
517.82
13.63%
Category: 520 - Supplies Total:
8,300.00
9,100.00
746.70
7,497.65
1,602.35
17.61%
Category: 540 - Materials for Maintenance
111 -5611-54 61.0
FURNITURE & FIXTURES
2,500.00
1,700.00
0.00
325.80
1,374.20
80.84%
111-5611-54810
COMPUTER HARD/SOFTWARE
7,650.00
7,650.00
1,702,25
5,302.22
2,347.78
30.69%
Category: 540 - Materials for Maintenance Total:
10,150.00
9,350.00
1,702.25
5,628.02
3721.98
39.81%
Category: 560 - Contractual Services
111-5611-56030
INCENTIVES
1,929,250.00
1,929,250.00
45,000.00
1,156,000.00
773,250.00
40.08%
111-2611-56040
SPECIALSERVICES
37,270.00
37,270.00
252.50
26,022.50
11,247.50
30.18%
11115611-56041
SPECIAL SERVICES -REAL ESTATE
234,500,00
292,956.40
60,303.32
287,146.19
5,810.21
1.98%
111-5611 56042
SPECIAL SERVICES-INFRASTRUCTUR
10,324,000.00
10,265,543.60
963,946.38
1,588,972.45
8,676,571,15
84,52%
111-5611-56080
ADVERTISING
226,125.00
186,125.00
6,479,96
119,101.74
67,023.26
36.01%
111-5611-56090
COMMUNITY DEVELOPMENT
64,950.00
66,200.00
6,157,41
52,482.72
13,717.28
20.72%
111 -_5 6-1-1-5-6-1-1. 0
COMMUNICATIONS
7,900.00
7,900.00
544.55
5,412.07
2,487.93
31.49%
111 -56 _11- -5 6 1-8-0,
RENTAL
27,000.00
27,000,00
2,250.00
24,750.00
2,250.00
833 %
111-5611-562,10
TRAVEL & TRAINING
73,000.00
73,000.00
7,263.52
64,998.02
8,001.98
10.96%
111-5611-56250
DUES & SUBSCRIPTIONS
60,733.00
70,733.00
7,161,01
67,936.29
2,796.71
3.95%
111-5611-5631.0
INSURANCE
6,800,00
6,800.00
0.00
5,653.11
1,146.89
16.87%
111-5611-5651.0
AUDIT & LEGAL SERVICES
23,000.00
53,000.00
0.00
35,295.33
17,704.67
33.41%
10/8/2024 3:5357 PM
Page 1. of 4
■J
1012212024 Item D.
Budget Report For Fiscal: 2023-2024 Period Ending: 09/30/2024
Variance
Original
Current
Period
Fiscal
Favorable
Percent
Total Budget
Total Budget
Activity
Activity
(Unfavorable)
Remaining
1.11 __61.1 56 70 ENGINEERING/ARCHITECTURAL
530,175.00
530,175.00
23,780.26
450,022.46
80,152.54
15.12 %
1,11.5611-5661.1 UTILITIES -ELECTRIC
2,400.00
2,400.00
502.35
2254.90
145.10
6.05 %
Category: 560 - Contractual Services Total:
13,547,103.00
13,548,353.00
1,123,641.66
3,886,047.78
9,662,305.22
71.32%
Category: 570 - Debt Service & Capital Replacement
1.11 __611 574.10 PRINCIPAL PAYMENT
600,096.00
600,096.00
50,954.28
600,095.69
0.31
0.00 %
1,11__5611__5741.5 INTEREST EXPENSE
631,902.00
631,902.00
51,712.19
631,901.95
0.05
0.00 %
Category: 570 - Debt Service & Capital Replacement Total:
1,231,998.00
1,231,998.00
102,666.47
1,231,997.64
0.36
0.00%
Category: 580 - Capital Outlay
1.11 __5611 581.10 LAND -PURCHASE PRICE
1,000,000.00
1,000,000.00
0.00
7,079.00
992,921.00
99.29 %
1,11_ 61158995 CONTRA CAPITAL OUTLAY
0.00
0.00
0.00
-7,079.00
7,079.00
0.00 %
Category: 580 - Capital Outlay Total:
1,000,000.00
1,000,000.00
0.00
0.00
1,000,000.00
100.00%
Expense Total:
16,427,451.00
16,458,558.02
1,284,994.26
5,692,320.97
10,766,237.05
65.41%
Fund: 111- WYLIE ECONOMIC DEVEL CORP Surplus (Deficit):
-9,074,320.00
-9,104,177.02
-834,404.68
-1,330,069.88
7,774,107.14
85.39%
Report Surplus (Deficit):
-9,074,320.00
-9,104,177.02
-834,404.68
-1,330,069.88
7,774,107.14
85.39%
10/8/2024 3 `35 57 PM Page 2 of 4
7M
Budget Report
Original Current
Category Total Budget Total Budget
Fund: 111- WYLIE ECONOMIC DEVEL CORP
Revenue
1012212024 Item D.
For Fiscal: 2023-2024 Period Ending: 09/30/2024
Group Summary
Variance
Period Fiscal Favorable Percent
Activity Activity (Unfavorable) Remaining
400 - Taxes
4,536,561.00
4,536,561.00
408,571.56
4,025,868.31
-510,692.69
11.26%
460 - Interest Income
112,000.00
112,000.00
41,611.58
526,632.97
414,632.97
370.21%
480 - Miscellaneous Income
2,704,570.00
2,705,820.00
406.44
-190,250.19
-2,896,070.19
107.03%
Revenue Total:
7,353,131.00
7,354,381.00
450,589.58
4,362,251.09
-2,992,129.91
40.69%
Expense
510 - Personnel Services
629,900.00
659,757.02
56,237.18
561,149.88
98,607.14
14.95%
520 - Supplies
8,300.00
9,100.00
746.70
7,497.65
1,602.35
17.61%
540 - Materials for Maintenance
10,150.00
9,350.00
1,702.25
5,628.02
3,721.98
39.81%
560 - Contractual Services
13,547,103.00
13,548,353.00
1,123,641.66
3,886,047.78
9,662,305.22
71.32%
570 - Debt Service & Capital Replacement
1,231,998.00
1,231,998.00
102,666.47
1,231,997.64
0.36
0.00%
580 - Capital Outlay
1,000,000.00
1,000,000.00
0.00
0.00
1,000,000.00
100.00%
Expense Total:
16,427,451.00
16,458,558.02
1,284,994.26
5,692,320.97
10,766,237.05
65.41%
Fund: 111- WYLIE ECONOMIC DEVEL CORP Surplus (Deficit):
-9,074,320.00
-9,104,177.02
-834,404.68
-1,330,069.88
7,774,107.14
85.39%
Report Surplus (Deficit):
-9,074,320.00
-9,104,177.02
-834,404.68
-1,330,069.88
7,774,107.14
85.39%
10/8/2024 33 `35 57 PM
Page 3 of 4
Budget Report
1 1012212024 Item D. I
For Fiscal: 2023-2024 Period Ending: 09/30/2024
Fund Summary
Variance
Original
Current
Period
Fiscal
Favorable
Fund Total Budget
Total Budget
Activity
Activity
(Unfavorable)
111 - WYLIE ECONOMIC DEVEL CC -9,074,320.00
-9,104,177.02
-834,404.68
-1,330,069.88
7,774,107.14
Report Surplus (Deficit): -9,074,320.00
-9,104,177.02
-834,404.68
-1,330,069.88
7,774,107.14
10/8/2024 33:5357 PM
Page 4 of 0
1012212024 Item D.
Wylie Economic Development Corporation
Statement of Net Position
As of September 30, 2024
Assets
Cash and cash equivalents
Receivables
Inventories
Prepaid Items
Total Assets
Deferred Outflows of Resources
Pensions
Total deferred outflows of resources
Liabilities
Accounts Payable and other current liabilities
Unearned Revenue
Non current liabilities:
Due within one year
Due in more than one year
Total Liabilities
Deferred Inflows of Resources
Pensions
Total deferred inflows of resources
Net Position
Net investment in capital assets
Unrestricted
Total Net Position
$ 13,408,668.84
$ 717,000.00 Note 1
$ 14,645,353.88
$ 28,771,022.72
$ 114,336.55
$ 114,336.55
$ 696,811.56
$ 1,200.00 Note 2
$ 61,115.31 Note 3
$ 15,136,816.48
$ 15,895,943.35
$ (8,336.41)
$ (8,336.41)
$ 12,981,079.51
$ 12,981,079.51
Note 1: Includes incentives in the form of forgivable loans for $67,000 (Glen Echo),
$450,000 (Phoenix Ascending), and $200,000 (MLKJ)
Note 2: Deposits from rental property
Note 3: Liabilities due within one year includes compensated absences of $32,301
�J
1012212024 Item D.
WYLIEECONOMIC
DEVELOPMENT
Account
Name
Fund: 111- WYLIE ECONOMIC DEVEL CORP
Assets
Balance
Balance Sheet
Account Summary
As Of 09/30/2024
Ira _uS7C1Lk 1C13 LQ
CLAIM ON CASH AND CASH EOUIV,
13,406,668.84
111-10y00.101.1.5
CASH - WEDC- INWOOD
0.00
111-1000 10135
ESCROW
0.00
111 100f l 1_01.40
DEPOSITS
2,000.00
11 110M 10198
OTHER - MISC CLEARING
0.00
111 1000-1.0341
TEXPOOL
0.00
1.11-1000-1043
LOGIC
0.00
111 1000 104,81.
INTEREST RECEIVABLE
0.00
11( 100Q1 11511
ACCTS REC - MISC
0.00
111 1000-11517
ACCTS REC -SALES TAX
0.00
1J 1-100C1-13810
LEASE PAYMENTS RECEIVABLE
0.00
111 1000-12950
LOAN PROCEEDS RECEIVABLE
0.00
1_11-1000 13996
LOAN RECEIVABLE
0.00
111 1000-12997
ACCTS REC - JTM TECH
0.00
151 1000-12998
ACCTS REC - FORGIVEABLE LOANS
717,000.00
1.11 1000-14112
INVENTORY - MATERIAL/ SUPPLY
0.00
'11.'1_1QQQ_1411ti1
INVENTORY"'- LAND & BUILDINGS
14,645,353.88
1.11 1000.14113
INVENTORY - BAYCO/ SANDEN BLVD
0.00
"L1 L 1000-14310
PREPAID EXPENSES - MISC
0.00
111 1000-1441.0
DEFERRED OUTFLOWS
1,110,500.00
Total Assets:
29,881,522.72 29,881,522.72
Liability
111-2000-20110
FEDERAL INCOME TAX PAYABLE
72.84
111 2000-201.11.
MEDICARE PAYABLE
28.44
111.-2000 ?0112
CHILD SUPPORT PAYABLE
0.00
111-2000 2t0113
CREDIT UNION PAYABLE
0.00
111-2000 20114
IRS LEVY PAYABLE
0.00
111 2000 2011.5
NATIONWIDE DEFERRED COMP
0.00
111 2000-2 11.6
HEALTH 1NSUR PAY -EMPLOYEE
5,636.20
1,11 2000-2011R-
TMRS PAYABLE
8,862.37
111-2000-20118
ROTH IRA PAYABLE
0.00
1.11 2000-20119
WORKERS COMP PAYABLE
0.00
112-2000-20120
FICA PAYABLE
121.62
111 2000-20121
TEC PAYABLE
0.00
11-2000 20122
STUDENT LOAN LEVY PAYABLE
0.00
111 2000-20123
ALIMONY PAYABLE
0.00
L.-NOELIQUA
BANKRUPTCY PAYABLE
0.00
111. 2000 20] 25
VALIC DEFERRED COMP
0.00
11.1 2000-20126
ICMA PAYABLE
0.00
111 2000 20-127
EMP. LEGAL SERVICES PAYABLE
0.00
111 2000-2 130
FLEXIBLE SPENDING ACCOUNT i
10,162.26
111 2000-201.31
EDWARD JONES DEFERRED COMP
0.00
i 1 2000-20132
EMP CARE FLITE
1200
7,11 2000-20133
Unemployment Comp Payable
130.71
111-2000 20151
ACCRUED WAGES PAYABLE
0.00
111 2000-2t0 L80
ADDIT EMPLOYEE INSUR PAY
92.32
111-2000-20199
MISC PAYROLL PAYABLE
0.00
111 2000-20201
AP PENDING
565,297.89
111 20t10 20210
ACCOUNTS PAYABLE
0.00
111 2000- 0530
PROPERTY TAXES PAYABLE
0.00
1 1-20 0 20540
NOTES PAYABLE
1,110,500.00
1.11 2000_ 0 10
RETAINAGE PAYABLE
106,394.91
10/8/2024 :3.42 °:f 0 PM Page 1. of 3
0
Balance Sheet
1012212024 Item D.
As Of09/30/2024
Account Name Balance
i 11-2000-208115 DUE TO GENERAL FUND 0.00
111 2000-222T0 DEFERRED INFLOW 0.00
111.-2000-22230
1. i1.-<000-22915
Equity
111-3000-3/ 110
111-300034590
Total Revenue
Total Expense
Revenues Over/Under Expenses
DEFERRED INFLOW - LEASE INT 0.00
Total Liability: 1,808,511.56
FUND BALANCE-UNRESERV/UNDESIG 29,403,081.04
Total Beginning Equity: 29,403,081.04
4,362,251.09
5,692,320.97
-1,330,069.88
Total Equity and Current Surplus (Deficit): 28,073,011.16
Total Liabilities, Equity and Current Surplus (Deficit): 29,881,522.72
10/3/2024 :3:42 � _t.fi € M
Page 2 of 3
Balance Sheet
1012212024 Item D.
As Of09/30/2024
Account Name Balance
Fund: 922 - GEN LONG TERM DEBT (WEDC)
Assets
Liability
Total Assets: 0.00 0.00
Total Liability: 7,556,077.29
Total Equity and Current Surplus (Deficit): 0.00
Total Liabilities, Equity and Current Surplus (Deficit): 7,556,077.29
*** FUND 922 OUT OF BALANCE ***-7,556,077.29
***Warning: Account Authorization is turned on. Please run the Unauthorized Account Listing Report to see if you are out of balance due to missing
10/8/2024 3:42 � ] O € M
Page 3 of 3
1 1012212024 Item D. I
Wylie Economic Development Corporation
SALES TAX REPORT
September 30, 2024
BUDGETED YEAR
DIFF % DIFF
MONTH FY 2021 FY 2022 FY 2023 FY 2024 23 vs. 24 23 vs. 24
DECEMBER
$
235,381.33
$ 263,577.66
$ 338,726.54
$ 374,68638
$
35,959.83
10.62%
JANUARY
$
262,263.52
$ 326,207.92
$ 368,377.73
$ 393,994.39
$
25,616.67
6.95%
FEBRUARY
$
456,571.35
$ 417,896.79
$ 480,381.11
$ 265,491.94
$
(214,889.17)
-44.73%
MARCH
$
257,187.91
$ 305,605.50
$ 313,686.17
$ 577,757.71
$
264,071.54
84.18%
APRIL
$
221,881.55
$ 265,77180
$ 310,050.94
$ 341,335.06
$
31,284.12
10.09%
MAY
$
400,371.70
$ 401,180.20
$ 434,878.33
$ 448,671.55
$
13,793.21
3.17%
JUNE
$
290,586.92
$ 343,371.26
$ 330,236.89
$ 377,949.25
$
47,712.37
14.45%
JULY
$
314,559.10
$ 331,432.86
$ 379,162.00
$ 374,225.20
$
(4,936.80)
-1.30%
AUGUST
$
390,790.76
$ 429,696.16
$ 448,253.70
$ 463,185.29
$
14,931.59
333%
SEPTEMBER
$
307,681.15
$ 337,512.61
$ 371,880.65
$ 408,571.56
$
36,690.91
9.87%
OCTOBER
$
326,382.38
$ 346,23636
$ 377,466.67
$ -
NOVEMBER
$
411,813.32
$ 392,790.84
$ 458,694.91
$
Sub -Total
$
3,875,470.98
$ 4,161,281.96
$ 4,611,795.64
$ 4,025,868.31
$
250,234.26
9.66%
Total $ 3,875,470.98 $ 4,161,281.96 $ 4,611,795.64 $ 4,025,868.31 $ 250,234.26 9.66%
WEDC Sales Tax Analysis
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
N
Sales Tax collections typically take 2 months to be reflected as Revenue. SIsTx receipts are then accrued back 2 months.
Example: September SIsTx Revenue is actually July SIsTx and is therefore the 10th allocation in FY24.
�J
N
Sales Tax collections typically take 2 months to be reflected as Revenue. SIsTx receipts are then accrued back 2 months.
Example: September SIsTx Revenue is actually July SIsTx and is therefore the 10th allocation in FY24.
�J
1012212024 Item D.
Wylie Economic Development Corporation
PERFORMANCE AGREEMENT REPORT
September 30, 2024
TOTAL REMAINING PREVIOUS FY TOTAL
INCENTIVE AFTER PAYMENTS INCENTIVE
PERFORMANCE AGREEMENTS FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 CURRENT FY
LLIV-ROS
$
10,000.00
$ -
$ -
$
$
$
$
-
$ 10,000.00
$ m000.00
A
AMERICAN ENTITLEMENTS II
$
35,000.00
$ 23,000.00
$ 12,000.00
$
$
$
$
12.000,00
$ -
$ 35,000.00
NORTH DALLAS WYLIE LAND
$
120,000.00
$ 20,000.00
$ -
$
$
$
$
-
$ 100'000.00
$ 120,000.00
AXL
$
65, 000. 00
$ 9,250,00
$ 9,250.00
$
$
$
$
9,25000
$ 46, 500.00
$ 65, 000. 00
GLEN ECHO BREWING
$
100,000.00
$ 50,000.00
$ 30,000.00
$
20,000.00 $
$
$
50,00000
$ -
$ 100,000.00
B
MLKJ
$
80,000.00
$ -
$ 40,000.00
$
40,000.00 $
$
$
80,00000
$
$ 80,000.00
C
CLF II LI WYLIE (LOVETT)
$
1,300,000.00
$ 650,000.00
$ 650,000.00
$
- $
$
$
650,000,00
$
$ 1,300,000.00
DEANAN/DANK
$
30,000.00
$ 15,000.00
$ -
$
$
$
$
-
$ 15,000.00
$ 30,000.00
FIREWATER
$
300,000.00
$ 100.000,00
$
$
$
$
$
$ 200,000.00
$ 300,000.00
PHOENIX ASCENDING
$
-
$ -
$
$
$
$
$
$ -
$ -
D
SANDEN INTERNATIONAL
$
500,000.00
$ 300,000.00
$ 200,000.00
$
$
$
$
200.00000
$
$ 500,000.00
CATES CONTROL SYSTEMS INC.
$
45,000.00
$ 45,000.00
$ -
$
$
$
$
-
$
$ 45,000.00
$
2,585,000.00
$ 1,212,250.00
$ 941,250.00
$
60,000.00 $
$
$
1,001,250.00
$ 371,500.00
$ 2,585,000.00
Deferred Outflow $ 1,110,500,00
A. Performance Agreeement ($10,000) and Forgiveable Land Grant ($60,000 forgiven over 3 years). $20,000/year in 2022, 2023, & 2024.
B. Performance Agreeement ($100,000) and Forgiveable Land Grant ($100,000 forgiven over 3 years). $33,000 CO, $33,000 in 2025, and $34,000 in 2026.
C. Performance Agreeement ($80,000) and Forgiveable Land Grant ($200,000 forgiven over 3 years). $50,000 CO & $50,000/year in 2025, 2026, & 2027.
D. Forgiveable Land Grant ($450,000 forgiven over 4 years). $112,500 CO & $112,500/year in 2026, 2027, & 2028.
L
1 1012212024 Item E. I
Department:
Prepared By:
Finance
Melissa Brown
Wylie City Council
FAc D
J4L11m " :
Account Code:
, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for September 30, 2024.
to approve the Item as presented.
Finance Department has prepared the attached reports for the City Council as required by the City Charter.
�J
1012212024 Item E.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
September
30, 2024
Preliminary
ANNUAL
CURRENT
YTD ACTUAL
Benchmark
BUDGET
MONTH ACTUAL
YTD ACTUAL
AS A PERCENT
100.00%
ACCOUNT DESCRIPTION
2023-2024
2023-2024
2023-2024
OF BUDGET
GENERAL FUND REVENUE SUMMARY
TAXES
39,807,333
832,688
38,732,228
97.30%
A
FRANCHISE FEES
2,953,146
34,155
2,612,483
88.46%
B
LICENSES AND PERMITS
1,275,000
94,188
1,017,411
79.80%
C
INTERGOVERNMENTAL REV.
2,615,790
33,112
2,913,096
111.37%
SERVICE FEES
4,343,203
398,105
4,566,096
105.13%
D
COURT FEES
340,000
24,911
342,380
100.70%
INTEREST INCOME
1,526,221
94,467
1,452,289
95.16%
E
MISCELLANEOUS INCOME
278,974
35,021
170,103
60.97%
OTHER FINANCING SOURCES
2,646,411
78,661
2,820,521
106.58%
F
REVENUES
55,786,078
1,625,309
54,626,607
97.92%
USE OF FUND BALANCE
0
0
0
0,00%
USE OF CARRY -FORWARD FUNDS
1,914,392
NA
NA
NA
G
TOTAL REVENUES
57,700,470
1,625,309
54,626,607
94.67%
GENERAL FUND EXPENDITURE SUMMARY
CITY COUNCIL
96,263
9,078
55,429
57.58%
CITY MANAGER
1,415,470
120,641
1,306,067
92.27%
CITY SECRETARY
475,498
33,735
431,265
90.70%
CITYATTORNEY
320,000
23,825
229,203
71.63%
H
FINANCE
1,468,291
84,268
1,359,412
92.58%
FACILITIES
1,088,538
119,625
984,129
90,41%
MUNICIPAL COURT
670,643
49,468
605,419
90.27%
HUMAN RESOURCES
959,346
55,977
903,810
94.21%
PURCHASING
365,626
26,271
339,852
92.95%
INFORMATION TECHNOLOGY
2,290,645
219,724
2,168,697
94.68%
POLICE
14,723,658
1,427,195
14,455,878
98.18%
FIRE
16,999,067
1,361,036
15,050,756
88.54%
EMERGENCY COMMUNICATIONS
2,666,998
446,391
2,327,336
87.26%
ANIMAL CONTROL
1,611,165
91,168
664,749
41,26%
1
PLANNING
398,033
32,120
353,562
88.83%
BUILDING INSPECTION
583,423
35,797
490,010
83.99%
CODE ENFORCEMENT
233,061
15,964
188,675
80.96%
STREETS
4,282,884
445,264
3,381,544
78,95%
PARKS
3,059,331
244,954
2,551,847
83.41%
LIBRARY
2,429,934
215,685
2,298,720
94.60%
COMBINED SERVICES
6,669,169
1,548,982
5,881,507
88.19%
TOTAL EXPENDITURES
62,807,043
6,607,168
56,027,867
89.21%
J
REVENUES OVER/(UNDER EXPENDITURES
-5,106,573
-4,981,860
-1,401,259
5.47%
A. Property Tax Collections for FY23-24 as of September 30, 2024 are 99.72%, in comparison to FY22-23 for the same time period
of 99.55%. Sales tax is on a 2
month lag and only ten months have been received. Sales Tax is
up 6.63% compared to same time period
in previous year.
B. Franchise Fees: Most franchise fees are recognized quarterly
with electric fees
making up the majority.
Have not received last
quarterly payment.
C. Building Permits are down 33% from FY 2023-24. Commercial permit fees are down
due to a decrease in the size of the new
commercial buildings.
D. Service Fees: Trash fees are on a one month lag and eleven
months have been
received. Trash revenue is 9% over budget with one month remaining.
The
remaining fees are from other seasonal fees.
E. Interest Rates have remained relatively flat over the last year.
F. Yearly transfer from Utility Fund and insurance recoveries.
G. Largest Carry Forward items: $150,000 for PW/Community Services Software, $288,000 for police and streets vehicles, $338,840 for ambulance, $119,102
for
APX Mobile Radios, $600,000 for Woodbridge/Hensley Traffic Signal.
H. Expected attorney fees have not all been expensed yet.
I. $800,000 remodel has not been expensed. Money is encumbered at this time.
J. $2 million of budgeted expense was carried forward to FY 2024-25. This includes
the $800,000 from the
animal shelter remodel.
1012212024 Item E.
CITY OF WYLIE
MONTHLY FINANCIAL REPORT
September 30, 2024
ANNUAL
CURRENT
YTD ACTUAL
Benchmark
BUDGET
MONTH ACTUAL
YTD ACTUAL
AS A PERCENT
100.00%
ACCOUNT DESCRIPTION
2023-2024
2023-2024
2023-2024
OF BUDGET
UTILITY FUND REVENUES SUMMARY
SERVICE FEES
29,434,997 3,668,027
28,201,297
95.81%
K
INTEREST INCOME
719,896 111,210
1,270,033
176.42%
L
MISCELLANEOUS INCOME
70,000 4,748
137,323
196.18%
OTHER FINANCING SOURCES
0.00%
REVENUES
30,224,893 3,783,985
29,608,653
97.96%
USE OF FUND BALANCE
0 NA
0
0
USE OF CARRY -FORWARD FUNDS
1,449,523 NA
NA
NA
M
TOTAL REVENUES
31,674,416 NA
29,608,653
93.48%
UTILITY FUND EXPENDITURE SUMMARY
UTILITY ADMINISTRATION
676,207 77,774
529,715
78.34%
UTILITIES - WATER
3,991,099 281,875
2,874,948
72.03%
CITY ENGINEER
1,454,133 85,070
1,059,293
72.85%
UTILITIES - SEWER
1,624,586 125,208
1,347,292
82.93%
UTILITY BILLING
1,584,910 102,362
1,191,223
75.16%
COMBINED SERVICES
20,218,615 1,880,803
19,659,107
97.23%
TOTAL EXPENDITURES
29,549,550 2,553,092
26,661,578
90.23%
N
REVENUES OVER/(UNDER EXPENDITURES
2,124,865 1,230,893
2,947,075
3.25%
K. Most Utility Fund Revenue is on a one month lag and eleven months have been received.
L. Interest Rates have remained relatively flat over the last year.
Fund Balance has increased.
M. Largest Carry Forward items: PW/Community Services Software $135,730, Lead and Copper Revision
$150,964, Water Pump
Station Backup Generators
$736,937 and Dogwood Drive Waterline Replacement $100,000.
N. $341 thousand of budgeted expense was carried forward to FY 2024-25.
�J
1012212024 Item F.
Department:
Prepared By:
Finance
Melissa Brown
Account Code:
Wylie City Council
, and place on file, the City of Wylie Monthly Investment Report for September 30, 2024.
to approve the Item as presented.
Finance Department has prepared the attached reports for the City Council as required by the City Charter.
J
1 1012212024 Item F. i
Money Market Accounts:
Certificates of Deposit:
Treasury Bills:
Treasury Notes:
Government Agency Notes:
Fm
Weighted Average Coupon:
Weighted Average Maturity (Days):
6.0000%
5.5000%
5.0000%
2023-2024 Investment Report
September 30, 2024
MMA
CCD
T-Bills
T-Notes
AN
5.1478% Money Markets: $34,824,035.04
1.00 Certificates of Deposits: $0.00
$34,824,035.04
Weighted Average Coupon
4.5000%
4.0000%
Sep 2023 Oct 2023 Nov 2023 Dec 2023 Jan 2024 Feb 2024 Mar 2024 Apr 2024 May 2024 Jun 2024 Jul 2024 Aug 2024 Sep 2024
Finande Director/Investment Officer
L
1012212024 Item G.
Department:
Prepared By:
Planning
Jasen Haskins
Account Code:
Wylie City Council
-, and act upon, a Final Plat, being a Replat of Lots 1 and 2 , Block E of Regency Business Park Addition Phase 2
Lot IR, Block E of Regency Business Park Addition Phase 2 on 0.5291 acres, located at 2812-2814 Exchange Street
to approve the Item as presented.
: Wylie Peace Center Inc
APPLICANT: GeoNav
he applicant has submitted a Replat to create Lot 1R, Block E of Regency Business Park Addition Phase 2 by combining
.,ots 1 and 2, Block. E of Regency Business Park Addition Phase 2. The property is located at 2812-2814 Exchange Street and
s zoned Light Industrial (LI). The original plat for the subdivision of Regency Business Park Addition was recorded in 1987.
ne purpose of the Replat is to combine two lots to allow for the development of a house of worship that will use the existing
ructure on the current Lot 2. The proposed use is allowed by right with the current zoning of Light Industrial (LI).
nis plat is dedicating a 24' fire lane and access easement with access from Exchange Street. Visibility triangle easements are
so provided for the entrance from Exchange Street.
ne Site Plan for the development was approved by the P&Z Commission in October 2024.
ae plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to
lditions and alterations as required by the City Engineering Department.
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.
P&Z Commission voted 7-0 to recommend approval.
El
1012212024 Item G.
s E by o nb
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gar "s_ iINF nl Fc I H. I _T'E 1 o Ec_- uis c a onus uE_ c7
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vz eb o
trresvin({ sa-teer wio 9 - Y. a�a
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NOW-tNN3E1 ONE, KNOW ALL MLM1 BY' W-O, NOAENTS. CO (ns) ni
U.
1Y-IF 'FACT ',ENTER INC
BY
airnreo Name en Snu§
oouNTY
NOT TO SCALE
Cm�wi zoY 1 o2�. 'a NY- bame o ft texas eco -K, S,1— 1983. Not
2beb rm x'N� netl),
Illy oi vi eryTxas
REGENCY BUSINESS
PARK ADDITION, PHASE 2
GEONAVBLOCK
E, LOT 1R,
BEING A REPLAT OF
BLOCK E. LOTS i AND 2
5IT . 11 BT I NC,.11Ril4"F2 =ID AN.-E,
OF HE
REGENCY BUSINESS
3410 MIDCOURT RD, SUI FE 110 CARROLLTON TEXAS 25006
PARK ADDITION, PHASE 2
AS RECORDED IN
SCALE 1"=20'(9J2I 243-2409 PROJECT NUMBER 3240
TBP S FIRM NO. 10194205
CASINETG. PAGE92
OF
owNtu
THE PLAT RECORDS
OF
DATED: SEPTEMBER 23, 2024 DRAWN BY: LEO
COLLIN COUNTY, TEXAS
IN
1012212024 Item H.
Department:
Prepared By:
Planning
Jasen Haskins
Account Code:
Wylie City Council
isider, and act upon, Ordinance No. 2024-36 for a change in zoning from Commercial Corridor (CC) to Comme:
•ridor - Special Use Permit (CC -SUP) on 1.483 acres to allow for a drive -through restaurant use. Property located at
FM 544 (ZC 2024-03).
to approve the Item as presented.
Dn October 8, 2024 City Council approved 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).
approval of Zoning Case 2024-03 requires the adoption of the Ordinance to amend the zoning accordingly in the Official
ig map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective
subject ordinance allows for the rezoning. Exhibit A (Legal Description), Exhibit B (Zoning Exhibit), and Exhibit C (SUP
3itions) are included and made a part of this Ordinance.
above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning
finance of the City, as amended herein by the granting of this zoning classification.
�J
1012212024 Item H.
ORDINANCE NO. 2024-36
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE
HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER
2024-039 FROM COMMERCIAL CORRIDOR (CC) TO COMMERCIAL
CORRIDOR - SPECIAL USE PERMIT (CC -SUP) ON 1.483 ACRES TO
ALLOW FOR A DRIVE -THROUGH RESTAURANT USE; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie,
Texas, in compliance with the laws of the State of Texas with reference to the amendment of the
Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all property owners generally and to owners
of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive
Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the
same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter
described property a new zoning classification of Commercial Corridor - Special Use Permit (CC -SUP),
said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all
purposes.
SECTION 2: That a Zoning Exhibit and SUP Conditions are an integral component of the
development of the property and are attached as Exhibit B and Exhibit C.
SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be,
and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 4: That the above described property shall be used only in the manner and for the
purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the
granting of this zoning classification.
SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or
the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is
hereafter amended.
SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a
Ordinance No. 2024-36 — Special Use Permit FM 544 Gateway Page l of 2
E
1012212024 Item H.
whole.
SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance,
shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time
of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 22nd
day of October, 2024.
Matthew Porter, Mayor
ATTEST:
Stephanie Storm, City Secretary
Date of Publication: October 31, 2024, in The Wylie News
Ordinance No. 2024-36 — Special Use Permit FM 544 Gateway
Page 2 of 2
�J
1 1012212024 Item H. I
Exhibit A
Legal Description
Being 1.483 acres, all of Lot 2 Block A, of the 544 Gateway Addition of the City of Wylie, Texas.
�J
1012212024 Item H.
Vicinity Map
Nis
SITE DATA
D e.. pt—,
,ass mg —"q
opo eed use: mli/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 —
FE-
1012212024 Item H.
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 ILLvA. 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
FIT 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-
FORREVIEW ONLY
d'
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z
s � J
LU
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F J <
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11-M
1012212024 Item H.
M
1012212024 Item H.
EXHIBIT "C"
Conditions For Special Use Permit
Albert Retail 4
Lot 2 Block A of 544 Gateway Addition
2024-03
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
1012212024 Item I.
Department:
Prepared By:
Customer Service
Orie Lealan
Account Code:
Wylie City Council
x, and act upon, Ordinance No. 2024-37 amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended
98 (Solid Waste), Article 11 (Collection and Disposal), Division 1 (Generally), Section 98-21(a) (Residentia
)nRegulations); providing for a penalty for the violations of this ordinance; providing for repealing, savings an(
ility clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof
to approve the Item as presented.
ling Section 98-21(a) (Residential collection —Regulations) to remove the word Brush from the statement. The word
should not be included with regular once a week collection services as brush/bulk is collected once a month per our
A with CWD.
�J
1012212024 Item I.
ORDINANCE NO.2024-37
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S
CODE OF ORDINANCES, ORDINANCE NO. 2021-17, AS AMENDED,
CHAPTER 98 (SOLID WASTE), ARTICLE H (COLLECTION AND
DISPOSAL), DIVISION 1 (GENERALLY), SECTION 98-21(A) (RESIDENTIAL
COLLECTION —REGULATIONS); PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has previously
adopted Ordinance Nos. 2023-33, 2011-26, 1987-55, and 1983-50 of the City of Wylie ("Wylie")
establishing regulations governing garbage and refuse in the City of Wylie, Texas; and
WHEREAS, the City Council has investigated and determined that it is necessary to amend
Chapter 98 (Solid Waste), Article II (Collection and Disposal), Division 1 (Generally), Section 98-21(a)
(Residential Collection —Regulations) 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, THAT:
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 98 (Solid Waste), Article II (Collection and Disposal),
Division 1 (Generally), Section 98-21(a) (Residential Collection —Regulations) of the Wylie Code of
Ordinances. Chapter 98 (Solid Waste), Article 11 (Collection and Disposal), Division 1 (Generally),
Section 98-21(a) (Residential Collection —Regulations) is hereby amended as follows:
"CODE OF ORDINANCES
CHAPTER 98 — SOLID WASTE
ARTICLE H (COLLECTION AND DISPOSAL)
DIVISION 1 (GENERALLY)
Section 98-21 Residential Collection —Regulations
(a) Collection of regular garbage and rubbish shall occur one time per week in accordance with the
terms of the solid waste contract.
SECTION 3: Penalty. Any person, firm, corporation or entity that violates this Ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding two
thousand dollars ($2,000.00) if the violation relates to the public health and sanitation, otherwise the fine
shall be a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation shall
constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the
Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it
pursuant to local, state and federal law.
Ordinance No. 2024-37
Amending Chapter 98 (Solid Waste), Article II (Collection and Disposal) Page 1 of 2
FN-
1012212024 Item I.
SECTION 4: Savings/Repealing. 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. Wylie
hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases
be declared unconstitutional or invalid.
SECTION 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, this 22nd
day of October, 2024.
Matthew Porter, Mayor
ATTEST:
Stephanie Storm, City Secretary
Date of Publication: October 31, 2024, in The Wylie News
Ordinance No. 2024-37
Amending Chapter 98 (Solid Waste), Article II (Collection and Disposal) Page 2 of 2
FM-
10122120241tem J.
eiTv OF
WYLIE
Department:
Prepared By:
Operations Account Code:
Shane Collev
Wylie City Council
100-5132-54910
onsider, and act upon, the approval of the purchase of automated ADA compliant sliding glass doors from Door Control
ervices, a DH Pace Company, in the estimated amount of $123,475.00 through a cooperative purchasing contract with
uyboard and authorizing the City Manager to execute any and all necessary documents.
to approve the Item as presented.
Operations Department is planning to purchase automated ADA compliant sliding doors for Wylie City Hall, Wylie
eation Center, and Smith Public Library. This will include removal and replacement of main entrance and interior
bule doors at all three buildings.
Operations Department has serviced and maintained the existing ADA operators at these locations. The current operators
failed repeatedly and are no longer functioning. Operations received quotes for replacement of existing equipment as
as retrofitting with sliding glass doors.
recommends the purchase of automated ADA compliant sliding glass doors in the estimated amount of $123,475.00
gh a cooperative purchasing contract with Buy -board through Door Control Services, a DH Pace Company. The City is
rized to purchase from a cooperative purchasing program with another local government or a local cooperative
ization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government
; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items.
ylie Agreement No. W2025-25/Buyboard Contract# 657-21)
�J
1012212024 Item K.
eiTv OF
WYLIE
Department:
Prepared By:
Operations Account Code:
Shane Collev
Wylie City Council
100-5132-56040
onsider, and act upon, the approval of the purchase of Trane Tracer SC+ HVAC control equipment and software from Tre
echnologies in the estimated amount of $124,701.00 through a cooperative purchasing contract with Omnia and authorizi
ie City Manager to execute any and all necessary documents.
to approve the Item as presented.
Operations Department is planning to purchase Trane HVAC control equipment and software in order to update to the
t Trane Tracer SC+ platform. This will include interior equipment at the Public Safety Building as well as the Municipal
plex and will allow for integration between the sites under one platform.
Tracer SC is a building automation platform which will enhance the Operations Department's ability to manage space
Is, troubleshoot issues and reduce system down time with remote access.
taff recommends the purchase of the Trane Tracer SC+ Platform equipment and software in the estimated amount of
124,701.00 through a cooperative purchasing contract with Omnia through Trane Technologies. The City is authorized to
urchase from a cooperative purchasing program with another local government or a local cooperative organization pursuant
> Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local Government Code; and by doing
satisfies any State Law requiring local governments to seek competitive bids for items.
ylie Agreement No. W2025-24/Omnia Racine Contract No. 3341)
J
1012212024 Item L.
Department:
Prepared By:
Purchasing Account Code
Christopher Rodriguez
Wylie City Council
100-5231-52710/
100-5261-52710
>nsider, and act upon, the award of bid #W2024-71-A for the City of Wylie Fire Department Uniforms to Fireground Suppl,
the estimated annual amount of $105,000.00, and authorizing the City Manager to execute any and all necessary documents
to approve the Item as presented.
he purpose of this contract is to maintaining the readiness, safety, and professional appearance of our emergency personnel,
hich directly impacts the quality of service they provide to our community.
e approved FY 2025-2026 budget for this contract is $105,000.00, and will cover the purchase of uniforms and accessories
our fire department personnel, including protective clothing, boots, and other essential equipment. These items are critical.
ensuring the safety of our firefighters and emergency responders as they perform their duties under hazardous conditions.
iff issued a competitive sealed bid, and received four (4) bids. The bids were evaluated to determine the overall best value
the City based on pricing, work history, longevity of business and employees and equipment. Fireground Supply have also
monstrated the ability to provide high -quality products that meet industry standards for durability, safety, and compliance
th applicable regulations. Additionally, the services they provide include uniform fitting, customization, and prompt
livery, which will help streamline our department's operations.
taff recommends the award of an annual contract with renewals to Fireground Supply in the estimated annual amount of
105,000.00 as providing the best overall value to the City.
�J
10122120241tem M.
Department:
Prepared By:
Wylie City Council
Purchasing Account Code: 100-5231-58510
Christopher Rodriguez
.sider, and act upon, the approval of one 2025 Chevrolet Silverado 2500 Crew Cab 4WD pickup truck purchase for
department from Reliable Chevrolet Inc. through a cooperative purchasing agreement with TIPS, and authorizing the
lager to execute all necessary documents.
to approve the Item as presented.
Fire Department is seeking approval from the City Council to purchase I (one) 3/4 ton Chevy 2500 Silverado truck for an
mated total of $54,510.00. This truck will replace the current Squad 142 assigned to the Operations Division. Fleet Unit
6 (2012 Chevy 2500) will be sent to auction once the complete up -fitting of this new vehicle is completed. Unit #377 (2016
ivy 2500) will be rotated to reserve status.
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.
funds appropriated for this vehicle were approved in the most recent City budget. Staff recommends the purchase of these
cs for the Fire Department through a cooperative purchasing agreement with The Interlocal Purchasing System (TIPS) as
'iding the best value to the City.
City of Wylie No. W2025-26; TIPS No. 230404)
1012212024 Item N.
Department:
Prepared By:
Police
Anthony Henderson
Wylie City Council
Account Code: 100-5211-52130
and act upon, the approval of body -worn cameras and video equipment purchase for the police department
Solutions through a cooperative purchasing agreement with Texas DIR-TSO-4101, and authorizing the
to execute all necessary documents.
to approve the Item as presented.
Police Department is seeking approval from the City Council to purchase body -worn cameras and video equipment to
lace their current outdated equipment. Motorola now owns WatchGuard and the body -worn cameras we currently use are
longer being manufactured or refurbished. This equipment is necessary to help protect officers and serve the citizens.
torola has given the City a discount in the amount of $209,538.79. The cost to equip the department with new body -worn
ieras is $249,993.40.
City is authorized to purchase from a cooperative purchasing program with another local government or a local cooperative
nization pursuant to Chapter 791 of the Texas Government Code and Section 271 Subchapter F of the Local. Government
e and, by doing so, satisfies any State Law requiring local governments to seek competitive bids for items.
funds appropriated for the body -worn cameras and video equipment were approved in the most recent City budget. Staff
mmends the purchase of the body -worn cameras and video equipment for the Police Department through a cooperative
teasing agreement with Texas DIR-TSO-4101 as providing the best value to the City.
of Wylie No. W2025-27; Texas DIR-TSO-4101)
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1 1012212024 Item WS1. i
I
Department:
Prepared By:
Planning
Jasen Haskins
Wylie City Council
FAc D
J4L11m " :
Account Code:
potential amendments to Chapter 22, Article XX (Sign Regulations) of the Code of Ordinances.
is recommending amendments to Article XX of Chapter 22 of the City Code of Ordinances. First, the sign ordinance
dments would bring the Code more into alignment with case law regarding first amendment free speech. Secondly, the
ised amendments update other areas of the Code.
f is also recommending amendments such as:
• Reorganization of regulations for readability
• Updated sign definitions
• Allowing staff to approve temporary exemptions in times of emergency
• Allowing for the immediate removal and disposal of illegal temporary signs
• Added to prohibited signs such as revolving signs, sloping roof signs, searchlights, and light strips.
City Attorney is currently reviewing these amendments and assuming Council approval, a final ordinance will be
anted for adoption at a future meeting.
1012212024 Item WS1.
PART II - CODE OF ORDINANCES
Chapter 22 - BUILDINGS AND BUILDING REGULATIONS
ARTICLE XX. SIGN REGULATIONS
ARTICLE XX. SIGN REGULATIONS
Sec. 22-441. Intent.
(1). Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that
legitimately call for regulation. The purpose of this ordinance is to regulate the size, illumination, movement,
location, height, and condition of all signs placed on private property for exterior observation, thus ensuring
the protection of property values, the preservation of the character of the various neighborhoods, the
creation of an attractive and harmonious community, and protection against interference with the historic
character of designated areas, including the downtown district. This ordinance allows adequate
communication through signage while encouraging aesthetic quality in the design, location, size, and
purpose of all signs. This ordinance shall not be interpreted in a manner inconsistent with the United States
Constitution First Amendment guarantee of free speech. If any provision of this ordinance is found by a court
of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this
ordinance that can be given effect without the invalid provision.
(2) Therefore, it is the intent of these regulations to:
(A) Promote compatibility with the use of the property to which the signs are appurtenant;
(B) promote compatibility with the landscape and architecture of surrounding buildings;
(C) Be appropriate to the activity to which they pertain;
(D) ensure that signs are not distracting to motorists;
(E) ensure that all signs are constructed and maintained in a structurally sound, safe, and attractive
condition.
(3) These regulations do not regulate every form and instance of visual communication that may be displayed
anywhere within the City Limits. Rather, they are intended to regulate those forms and instances that are
most likely to meaningfully affect one or more of the purposes set forth above.
(4) These regulations do not entirely eliminate all of the harms that may be created by the installation and
display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication
by means of visual display while still reducing and mitigating the extent of the harms caused by signs.
Sec. 22-442. Exceptions
(1) This chapter shall not apply to:
(A) The Downtown Historic District (DTH) zoning district or a planned development district if the
ordinance establishing or amending the same has specific sign regulations.
(B) Signs erected by or on behalf of the city in the operation of its services that include but are not limited
to public safety, health and the general welfare.
(C) Signs required by federal, state or local law.
(D) Signs containing government messages that are approved by the city on any sign, both on and off city
property.
(E) Signs erected or placed as part of a city activity and/or sponsorship. These include but are not limited
to municipal banners, special events, kiosks, monument signs and government awareness signs.
Wylie, Texas, Code of Ordinances
(Supp. No. 4, Update 1)
Created: 2024-06-10 10:45:38 [EST]
Page 1 of 15
1012212024 Item WS1.
(F) Any sign specifically authorized by the city council as a result of a compromise of litigation or other
lawful disputed claim.
(G) A sign required to be located by federal, state or local law in order to enforce a property owner's
rights.
(2) Signs containing noncommercial speech are permitted anywhere that signs regulated by this chapter are
permitted, subject to the same regulations applicable to the type of sign used to display the noncommercial
message. No provision of this chapter prohibits an ideological, political or other noncommercial message on a sign
otherwise allowed and lawfully displayed under this chapter.
(3) The owner of any sign allowed and lawfully displayed under this chapter may substitute noncommercial speech
in lieu of any other commercial or noncommercial speech, with no permit or other approval required from the city
solely for the substitution of copy.
(4) This section does not authorize the substitution of an off -premises commercial message in place of a
noncommercial or on -premises commercial message.
Sec. 22-443. Permit Required
(1) Interpretation and administration. The building official shall be responsible for interpreting and administering
this chapter.
(2) Sign permit required. No sign, other than those signs allowed without a permit by this chapter, shall be erected,
placed, attached, secured, altered or displayed to/on the ground, any building, or any structure, until a permit for
such sign has been issued by the building official. The applicant for a permit shall provide plans, documents and
other information required by the building official in connection with the application to demonstrate compliance
with all regulations.
(A) Permit fees and sign contractors. Permit fees are contained in Appendix A of this Code. A permit may
only be issued to a sign contractor that carries at least $300,000.00 of general liability insurance and
provides evidence of such insurance coverage to the building official when they submit the permit
application.
(B) Permit expiration. A permit for a sign shall expire if an inspection has not passed within 180 days from
the date of issuance of such permit.
(C) Electrical permit. Where signs contain electrical wiring and connections, an electrical permit must also
be obtained in addition to the permit for the sign. No sign shall be erected in violation of the city's
electrical code or regulations.
(D) Not to issue to persons previously failing to pay fees. The city shall not issue a permit under the
provisions of this article to any person, business, entity, organization or activity who has previously
failed or refused to pay any fees or costs assessed against him under the provisions of this article.
(3) Applications. All applications for permits shall include each of the following:
(A) A plot plan declaring all property lines, setbacks, easements, rights -of -way, other existing signs
maintained on the lot and the required distance separation to the closest monument sign in any
direction scaled to linear feet.
(B) A scaled drawing of the height, width and display area of the proposed sign.
(C) A drawing of the lot plan or building facade indicating the proposed location of the sign, specifications,
materials and landscaping plan.
(D) Electrical plan and load requirements.
(Supp. No. 4, Update 1)
Created: 2024-06-10 10:45:38 [EST]
Page 2 of 15
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1012212024 Item WS1.
(4) Work started without a permit. No sign requiring a permit may be erected or installed without first having a
permit. If any work for which a permit is required by this article has been commenced without first obtaining a
permit, the permit fee shall be doubled assuming the building official can determine the sign meets current
code. If the sign does not meet the code, or a determination cannot be made, the building official can order the
sign be removed.
(5) Suspend or Revoke. The building official may suspend or revoke any sign permit issued in error or on the basis
of incorrect or false information supplied, or whenever such permit was issued in violation of any provision of
this chapter, any other ordinance of the city, the laws of the state or the federal government. Any sign that is
the subject of a revoked permit shall be immediately removed by the person in control of the sign or the
property on which the sign is located.
(6) Temporary exemptions. The building official shall have the authority to approve temporary exceptions to the
regulations or waive application requirements set forth in this chapter in emergency circumstances or in the
interest of public safety.
Sec. 22-444. Variances and appeals
(1) Variances to the provisions of this article shall be heard by the Zoning Board of Adjustment. A concurring vote
of 75 percent of the members of the board shall be necessary to reverse any order. In order to approve a
request for a variance, the zoning board of adjustment shall determine that the request meets four of the
following five criteria:
(A) The proposed sign shall not adversely impact the adjacent property (visibility, size, location, etc.);
(B) The proposed sign does not conflict with the spirit of this article, which is one of providing public
safety, open space and air, preservation and enhancement of the appearance of the city and
protection of property values;
(C) The variance is needed due to restricted area, shape, topography or physical features that are unique
to the property on which the proposed sign would be located;
(D)The proposed sign is of a unique design or configuration;
(E) That the demonstrable hardship is not self-imposed.
(2) Should the board deny a request for a variance, the applicant may appeal the request to the district court in
accordance with TLGC chapter 211, provided that such appeal is requested in writing within ten days of the
date the board denied the variance.
(3) A variance from this article is valid only if a permit is secured within 90 days from the date of the board's
decision.
(4) Each applicant shall pay the fee in accordance with appendix A of the comprehensive fee schedule, and as
amended before the board shall hear any variance request.
(5) All variance requests shall be made in writing to the Planning Department.
Sec. 22-444. Non -Conforming Signs
(1) Nonconforming signs. Nonconforming signs in the city shall be subject to the regulations set forth in the city
building code, as amended, except as otherwise set forth herein.
(2) A nonconforming sign and/or its supporting structure, which is destroyed, damaged, dilapidated or
deteriorated, shall not be replaced, repaired or renovated, in whole or in part, if such replacement, repair or
renovation would require an expenditure of monies in excess of 50 percent of the cost of a new sign, including
its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed,
(Supp. No. 4, Update 1)
Created: 2024-06-10 10:45:38 [EST]
Page 3 of 15
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1012212024 Item WS1.
damaged, dilapidated or deteriorated. Permits granted prior to the passage of this article shall be renewed only
if the applicant complies with all provisions of this article.
(3) A nonconforming sign or supporting structure that is lawfully repaired, reproduced, or renovated as a
nonconforming sign may not be increased in area or height.
(4) A nonconforming sign may be relocated on the same lot or tract of land if:
(A) The sign is required to be removed from its present location because the property upon which the sign
is located is acquired by any governmental agency or other entity which has or could have acquired
the property through the exercise of its power of eminent domain;
(B) The location for which the nonconforming sign is to be relocated complies with all requirements set
forth in this Code.
Sec. 22-445. Inspections and Removal
(1) Inspection. The city may inspect annually, or at such other times as it deems necessary, each sign regulated by
this article for the purpose of ascertaining whether the same complies with provisions of this article, is secure
or insecure„ and whether it is in need of removal or repair.
(2) Removal of neglected signs. Any sign which the city determines is neglected or does not conform to this article
shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure
upon which the sign is located within ten days after written notification to do so from the city. The city may
remove or have removed, without notice, and assess the owner for the costs, any sign which is an immediate
peril to persons or property.
(3) Removal of illegally erected signs.
(A) Any temporary sign that is erected, constructed or otherwise displayed, which the city determines to
be in violation of this article, may be removed by city personnel. Any such sign removed by city
personnel may be immediately disposed of. The city is not required to notify the permit holder or
owner of the sign that it has been picked up or that disposal of the sign is imminent.
(B) For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of
the property on which the sign is located within ten days after the city sends written notice to remove
the sign. Upon failure to comply with the notice or to file an appeal of the decision in accordance with
this article, the city is authorized to cause the removal of the sign and assess the permit holder, owner
of the sign and/or owner of the property on which the sign is located for all costs associated with
removal. The permit holder, owner of the sign, and the owner of the property on which the sign is
located shall be jointly and severally liable for such costs.
(C) Responsible person. The person(s) physically placing the temporary nuisance sign and/or the owner of
the temporary nuisance sign are both individually and severally responsible for the posting and
removal of said sign. It is prima facie evidence of a person's ownership of a temporary nuisance sign
that the person's name, address, telephone number or other contact information is on a temporary
nuisance sign, or the person is otherwise described or identified on the sign.
Sec. 22-444. Prohibited signs.
Any sign which is not specifically allowed by this article shall be prohibited. In addition, the following types of
signs are expressly prohibited within the city:
(1) Any sign not referenced in or governed by this chapter;
(2) Signs imitating traffic or emergency signs. Signs may not contain any combination of forms, words, colors, or
lights, which imitate standard public traffic regulatory, emergency signs, or signals.
(Supp. No. 4, Update 1)
Created: 2024-06-10 10:45:38 [EST]
Page 4 of 15
1012212024 Item WS1.
(3) Signs violating other laws or ordinances. Signs erected in violation of any ordinance adopted by the city or any
state or federal law (e.g., traffic visibility requirements, zoning, building code, or electrical code).
(4) Off -premises signs. Off -premises signs, unless specifically allowed by this article.
(S) Signs causing a nuisance or hazard because of illumination. Signs illuminated to intensity to cause glare or
brightness to a degree that could constitute a safety hazard or nuisance.
(6) Any sign that emits odor or visible matter;
(7) Signs on sidewalks, curbs, gutters or streets. Signs attached to or painted on any sidewalk, curb, gutter, or
street (except street address numbers).
(8) Moving, flashing, revolving or color changing signs or light strips. Signs that move, flash light intermittently,
change color, revolve, or frame a window or door, unless specifically allowed in this article.
(9) Signs attached to or painted on a fence, wall or railing. Signs attached to or painted on the outside of a fence,
wall or railing, unless specifically allowed by this article.
(10)Audible Signs
(11) Billboards
(12) Pole signs.
(13) Revolving signs
(14) Snipe Signs
(15) Search lights and skylights
(16) Sloping roof signs
(17) Temporary Nuisance signs
(18) Vehicular signs
Sec. 22-445. Exempt signs.
A permit shall not be required for the following signs; provided, however, such signs shall otherwise comply
with all other applicable sections of this article:
(1) Nameplates. Nameplates, or signs reflecting the name of a building or structure (i.e., a fence) or the name of
the company that built or designed the building or structure, not exceeding one square foot in area.
(2) Building identification/memorial. A memorial sign, plaque or tablets identifying the names of buildings,
sponsors and date of construction may be cut into a masonry surface or constructed of bronze or other
noncombustible materials.
(3) Traffic. Traffic or street signs, legal notices, railroad crossing signs, danger, and emergency, temporary or non -
advertising signs as may be approved by the city council or the city manager or his authorized representative.
(4) Signs inside a building. Signs located inside a building and which are not displayed so as to be visible from
outside the building. Signs located in covered mall buildings shall comply with the current building code and
electrical code.
(5) Changeable copy. Copy change only for previously permitted signs designed to provide a changeable copy area.
(6) Government signs. Flags, insignia, legal notices, or informational, directional or traffic signs which are legally
required or necessary to the essential functions of government agencies or any government owned signs on
government property or in the public right-of-way..
(Supp. No. 4, Update 1)
Created: 2024-06-10 10:45:38 [EST]
Page 5 of 15
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1012212024 Item WS1.
(7) Holiday fights and decorations. Temporary lights and holiday decorations with electrical connections displayed
90 days or less
(8) A Frame / Sidewalk sign when no larger than six square feet per side.
(9) Accessory Sign - residential
(10) Accessory sign - non-residential
(11) Human signs when located on private property with the consent of that owner. Human signs are prohibited on
public property and rights -of -way.
(12) Temporary sign - nonresidential. A temporary sign placed before an election may be located on the
property for a period of 90 calendar days.
(A) One temporary sign may be located on a property with owner consent before an election involving
candidates for a federal, state or local office that represent the district in which the property is located
or involving an issue on the ballot of an election within the district where the property is located per
issue and per candidate.
(B) Signs placed before an election shall be no larger than nine square feet. A sign may remain on the
property up to seven days after the election at issue. This subsection does not limit the content on the
temporary sign. Snipe signs are prohibited.
(13) Window signs. Window signs shall meet the following regulations:
(A) Window signs must not obscure more than 25 percent of the window area per panel.
(B) The sign area shall be measured by drawing a rectangular or square box around the sign elements, then
multiplying the height by the width. For signs whose shape is irregular, the box must enclose all
elements of the sign.
(C) Window signs are limited to one (1) sign per window.
Illuminated and non -illuminated window signs or its appendages shall not blink, strobe, fade, flash, scroll or move
in any manner. Illuminated window signs shall remain static and stationary.
Sec. 22-446. Special Events.
(1) Signs erected or placed as part of special events shall comply with this section.
(A) A sign plan must be submitted as a part of the permit for the event. The plan shall adhere to the
following guidelines.
(B) Limited to two signs per event on the property where the event or activity occurs or is located and may
be located up to the property line.
(C) Off -premises signs must be located on private property and the organization must have permission
from the property owner to place the sign on their property. .
(D)The maximum off -premises sign area is 24 square feet with a maximum height of six feet. A minimum of
20 feet between each approved sign and/or banner is required. Signs and/or banners may not be
installed or mounted on an approved sign.
(E) A maximum of six off -premises signs may be located in the city at a given time.
(F) Signs shall not be located on residential premises without written consent of the residential property
owner and comply with all yard sign provisions.
(G)All signage may be erected seven days prior to the event or activity and must be removed within 48
hours after the event.
(Supp. No. 4, Update 1)
Created: 2024-06-10 10:45:38 [EST]
Page 6 of 15
1012212024 Item WS1.
Sec. 22-447. Signs allowed, permit required.
(1) Awning signs. Awning signs must meet the following regulations:
(A) An awning may extend the full length of the wall of the building to which it is attached and shall be no
more than six feet in height and shall not be placed less than eight feet above the sidewalk.
(B) The artwork or copy for an awning sign shall not exceed 20 percent of the area of the awning and shall
extend for no more than 60 percent of the length of the awning.
(C) Awning signs are permitted only in nonresidential zoning districts.
(2) Canopy sign. Canopy signs must meet the following regulations:
(A) A canopy sign may be attached to, or be an integral part, of the face of a canopy.
(B) The artwork or copy on a canopy sign shall not exceed ten percent of the face of the canopy, or a
maximum of 25 square feet, whichever is greater.
(C) An illuminated stripe may be incorporated into a canopy. The stripe may extend along the entire length
of the face of the canopy. The width or thickness of the stripe shall be limited to one-third of the
vertical dimension of the face of the canopy. The internal illumination of a canopy is limited to the
portions of the canopy face on which a sign or stripe is permitted.
(D) Canopy signs are permitted only in nonresidential zoning districts.
(3) Flags.
(A) All flags shall comply with USC title 4, when applicable.
(B) Flag poles must be located at least 15 feet from any property line.
(C) The maximum height of a flag on a lot within a residential use is 20 feet. The maximum height of a flag
on a lot with a nonresidential use is 40 feet.
(D) No flag or flag pole may be located within any access or utility easement.
(E) A business or nonprofit entity may erect a maximum of three flags per tract of land.
(4) Kiosk signs. Kiosk signs must meet the following regulations:
(A) Kiosk signs may only be installed pursuant to an executed concession contract approved by city council.
This concession contract shall grant a person or company (the concessionaire) the right to design, erect,
and maintain kiosk signs within the city and administer the kiosk program as set forth by that
concession contract.
(B) Once a concession contract is approved by the city council, the concessionaire shall submit a map,
elevations, and any other documentation deemed necessary by city staff, showing the location and
design of the proposed kiosk signs to the director of planning, building official, and the director of
public works. Upon review of the map, elevations, and any other applicable documentation, the
director of planning, building official, and director of public works shall make a recommendation to city
council as to whether the location and design of the proposed kiosk signs should be approved, denied,
or modified.
(C) City council may approve, deny, or approve with modifications the location and design of the proposed
kiosk signs as shown on the map, elevations, and other applicable documentation. Modifications
include, but are not limited to, modifications to the color of, or materials used in, the sign panels. No
party may erect a kiosk sign without city council approval of the location and design of the kiosks.
(D)The concessionaire must comply with all permitting requirements set forth in this article.
(Supp. No. 4, Update 1)
Created: 2024-06-10 10:45:38 [EST]
Page 7 of 15
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1012212024 Item WS1.
(E) The location of kiosk signs must not create traffic hazards. The obstruction of the visibility of motorists,
pedestrians, or traffic control signs will constitute a type of traffic hazard. The city's engineering division
shall review the location of each proposed kiosk sign. A kiosk sign shall not be installed if the city's
engineering division determines that the location of the proposed sign would create a traffic hazard.
(F) The location of kiosk signs must not interfere with the general use of and handicap accessibility of
sidewalks, walkways, bike, and hiking trails.
(G)The location of kiosk signs must not interfere with any public utilities or be located in a utility easement.
(H) Kiosk signs must not be located within a sight visibility triangle.
(1) Kiosk signs must not be placed adjacent to a lot with a residential use without the prior written consent
of the owner of that lot as shown on the most current tax rolls. Proof of prior written consent must be
attached to the concessionaire's permit application. If a residential use is placed on a lot adjacent to a
pre-existing kiosk sign, no written consent is necessary for that kiosk sign to remain.
(1) A kiosk sign must be located at least 100 feet from all other kiosk signs.
(K) Kiosk signs must not be located within a median.
(L) Kiosk signs must be located at least five feet from the edge of curb or pavement line, which includes
improved surfaces and shoulders.
(M) At least one sign panel on each kiosk sign must provide directions to a municipal facility or provide
information about an upcoming city -sponsored event.
(N) Kiosk signs may not exceed 12 feet in height and four feet in width.
(0) Kiosk signs must include breakaway design features as required by the state department of
transportation's sign mounting details for roadside signs. Break -away fittings must be installed below
grade or concealed from public view in another manner approved by the city council through the
building inspections department.
(P) The font and color of the kiosk signs must be uniform throughout the entire sign.
(Q) Kiosk signs shall not be illuminated.
(R) There must be an identification panel at the top of each kiosk sign that displays only the name and
official logo of the city.
(S) No signs, pennants, flags, streamers, balloons or other devices or appurtenances used for visual
attention may be attached to kiosk signs.
(T) Variances to kiosk sign regulations. No person or party may obtain a variance to the kiosk sign
procedures or regulations set forth in this article.
(5) Monument signs.
(A) All monument signs shall be compatible with the colors and aesthetic of the building that is located on
the same lot as the sign.
(B) No sign shall be placed in or extend beyond the vertical plane of a property line, public street,
sidewalk, easement or right-of-way.
(C) Any monument sign must be separated by at least 100 feet from any other monument sign on the
same property, measured along the right-of-way.
(Supp. No. 4, Update 1)
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(D) Changeable message signs. Monument signs may include a maximum area of 32 square feet that
incorporates changeable messages or lettering, as defined, in the sign face. Such messages shall not
blink, flash, or scroll. Changeable message signs are allowed to change their message a maximum of
once every eight seconds.
(E) Street addresses. On -premises signs shall display the street addresses of the business location it
advertises in numbers at least five inches high on each monument sign in legible form within 40 feet of
the nearest public roadway. Such numbers shall increase one inch in height for each additional 40 feet,
or fractional part thereof, the sign is located from such roadway and utilizes contrasting colors.
(F) Illumination. Monument signs may be illuminated by a ground lighting source where the light itself and
supporting structure are screened from the public right-of-way. Ground lighting must be of one
constant color and not pose a traffic concern as determined by the city. Signs may be back -lit using
internal lighting.
(G) Properties with single tenants. A single tenant sign is permitted in nonresidential zoning districts or on
a lot within a residential zoning district that contains allowed non -single family uses.
1. A lot is allowed a maximum of one MIS per street frontage.
2. Maximum display area allowance is 96 square feet.
3. Maximum height is 12 feet.
4.. Maximum width is eight feet.
(H) Properties with multiple tenants. Multiple business signs (MBS) advertising multiple businesses in a
multi -tenant complex shall observe the following specific rules and regulations herein contained.
Shopping centers and/or office complexes with multiple tenants are permitted to erect monument
signs that comply with the following regulations:
1. A multiple business sign shall not be erected, constructed, or maintained within 100 feet of any
other sign except for signs on the buildings of the businesses advertised on the multiple business
sign and traffic, street or directional signs.
2. There may be more than one multiple business signs on each street frontage. The minimum
distance between each such multiple business sign shall be 250 feet.
3. A single lot may have a multiple business center (MBC) sign and a single tenant sign with a
minimum separation of 100 feet.
4. One MBS is permitted per street frontage of the development. One additional UDMS is permitted
along a street for each additional 750 linear feet, or portion thereof, of street frontage that exceeds
750 linear feet of street frontage.
5. The maximum area of a MBS shall be based on the size of all the lots within the identified
development. The maximum area of a MBS for a development zone of five acres or less is 60
square feet. For every whole two acres over five acres, the area of the MBS may be increased by 12
square feet but in no event shall the maximum area of a MBS exceed 168 square feet.
6. Maximum height shall be 12 feet plus two feet per whole additional acre up to a maximum of 20
feet
7. Tenant panels do not require a permit, but a building permit or certificate of occupancy must be
issued for the tenant/user.
(Supp. No. 4, Update 1)
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1012212024 Item WS1.
(1) Residential. Monument signs may be placed on private property within a residential zoning district only
at the entrance to subdivisions and shall not be issued before the issuance of a building permit.
Monument signs may be placed in the public right-of-way with the approval of the City Engineer.
1. May not exceed eight feet in height.
2. Subdivision entry signs may be attached to a wall at the subdivision entrance or installed as a
monument sign.
3. Attached signs may not project above the top of the wall on which they are attached.
4. The maximum sign area is 32 square feet for attached signs and may not exceed 96 square feet for
a monument sign.
5. Only one monument sign or two attached signs may be placed at each subdivision entrance. A
monument sign may have the subdivision name on both sides.
6. Monument signs may be located in the median at the street entrance if approved by the city in an
approved plat, within a developer's agreement, or by separate approval of the planning and zoning
commission.
(6) Mural. A mural shall be located above grade and below the roof of the building and may only be
located within a nonresidential zoning district. Murals shall not be applied to a roof or other similar
cover of a building or structure. The maximum area of a mural shall not exceed the length or height of
the exterior wall on which it is painted, drawn or applied. A mural shall not face a residential
neighborhood, unless separated by a major thoroughfare.
(7) Projecting signs.
1. Signs shall be constructed of noncombustible material.
2. Signs shall not project more than three feet, measured from the building face and shall not be
closer than two feet from the back of the curbline.
3. Signs shall be at least eight feet above a sidewalk.
4. Signs may be illuminated in conformance with this article or other applicable city regulations.
5. Signs shall be compatible in design and aesthetic with the architectural and historic character of
the building.
6. Signs shall not exceed 16 square feet per sign face.
(8) Wall signs.
1. Where allowed. Wall signs shall be limited to buildings located in a nonresidential zoning district
or to churches, apartments, schools and other nonresidential uses, with the exception of model
homes, located within a residentially zoned district.
2.. Installation requirements. All signs and their words shall be mounted parallel to the building
surface to which they are attached, and shall project no more than 18 inches from that surface,
except for projecting signs as allowed in this section. Wall signs shall not extend above the wall
or building surface to which the sign is attached. Banner signs shall not be utilized as permanent
wall signs, but only as promotional signs as allowed.
3. Maximum sign area. Wall signs may be installed on each face of a building described in
subsection (1)(a) of this section except for signs located on the side or rear wall of a building
where the sign would face an adjacent residential zoning district. Signs shall not, in total, exceed
two square feet for every linear foot of the primary facade of the building or lease space, with no
(Supp. No. 4, Update 1)
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1012212024 Item WS1.
one sign exceeding 75 percent of the total allowed square footage. Wall signs mounted to the
side or rear of a building shall not exceed one-half (%) the square footage area of signs mounted
to the front of the building.
Sec. 22-446. General sign regulations.
(1) Easements. No sign shall be located in any easement other than a landscape easement.
(2) No sign shall be installed in such a way as to obstruct a motorist's view of oncoming traffic when stopped at an
existing drive or at the intersection of two (or more) public streets. The motorist's eye is assumed to be at a
point 15 feet from a point determined by the intersecting curblines or the edge of the roadway, whichever is
more stringent. Traffic must be visible for a distance of ten times the speed limit on either side of the vehicle
parallel to the intersecting roadway. This shall be applied to all public and private approaches affected. See
Illustration 2-1 [at end of article].
(3) Every sign with any type of electrical connection must be listed by a recognized listing agency with a permanent
label properly affixed.
(4) Obstructing doors, windows, or fire escapes. It shall be unlawful to erect, relocate, or maintain a sign in any
manner that prevents free ingress to or egress from any door, window or fire escape, or to attach any sign to a
standpipe or fire escape.
(5) Signs prohibited on or over public property. Except as otherwise provided for in this article, no portion of any
sign shall be erected on or over public property, or in the right-of-way of any thoroughfare within the city,
except for signs in the downtown historic district meeting regulations in the Zoning Ordinance 6.3. Signs
violating this provision shall be considered illegal signs and may be removed and disposed of by the city in
accordance with this article.
(6) Illumination of signs.
(A) No sign shall be illuminated to such intensity or in such a manner as to cause a glare or brightness to a
degree that it constitutes a hazard or nuisance.
(B) Moving, flashing, changing color, beacons, revolving or similarly constructed signs shall not be allowed,
except for electronic signs showing time and temperature.
(C) Illumination of attached signs. Attached signs may only be illuminated utilizing internal lighting.
Exterior letters with exposed neon lighting are allowed.
(D) A sign in a residential district, where allowed by this article, may be illuminated. Any illumination shall
be located so as not to produce intense glare or direct illumination across the bounding property line.
Internal illumination shall not exceed 40 watts per every 25 square feet or any portion thereof of the
sign face.
(7) Signs attached to a building. No portion of any type or style of a sign will be allowed to project above the
vertical plane of the exterior wall, parapet, mansard or the fascia panels of a canopy upon which they are
attached.
(8) Electrical signs. Every sign with any type of electrical connection must be recognized by an approved listing
agency with a permanent label properly affixed or be designed and assembled by a state -licensed master or
sign electrician registered with the city. An electrical permit and approved inspection are required prior to the
erection or attachment to the permanent structure.
Sec. 22-444. Definitions.
(Supp. No. 4, Update 1)
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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Accessory Non-residential Sign means a sign on private non-residential property that can be seen from a
public street that does not include any sign installed due to a local, state, or federal law. No more than one sign
per % acre of the lot is allowed with no sign being more than two square feet.
Accessory Residential Sign means a sign on private residential property that can be seen from a public street.
No more than two signs totalling six square feet with no one sign more than three square feet.
A-frame/sidewalk sign. An A -frame sign is made of two pieces of wood, metal or other similar material
approved by the building official connected at the top by hinges or similar devices and may collapse when the
connecting devices are overextended or the two pieces of wood, metal or other similar material are against one
another. A sidewalk sign is a freestanding sign with a weighted base which holds a two-sided sign.
Alter means to change the size, shape or outline, or type of sign or to change the electrical lighting, except
for the replacement of lamps not brighter than the original or the replacement of a surface panel.
Attach means to stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or otherwise
mark on an object.
Audible sign means any sign that emits music, talking, words, or other sound or amplification other than an
order board such as those used at a drive-thru facility.
Awning sign means any sign attached to an architectural projection that provides weather protection,
identity and decoration, and is supported by the building to which it is attached. It is composed of a lightweight
rigid or retractable skeleton structure over which a thin cover is attached which may be of fabric or other
materials, and may be illuminated.
Billboard. A sign that is freestanding, attached to or part of a building, and is an off -premises
sign that is designed for a change in copy, so that the characters, letters, display, or illustrations can
be changed or rearranged within a fixed sign face.
Building means a structure which has a roof supported by columns, wall or air for the shelter, support, or
enclosure of persons, animals, goods or movable property of any kind.
Building official means the building official for the city or his designee.
Canopy sign means any sign that is attached to a roof -like structure which shelters a use such as, but not
restricted to, a gasoline pump island or entrance to a structure, and is supported by either one or more columns or
by the building to which it is accessory to and is open on two or more sides.
Changeable message sign, means a sign whose face is designed and constructed in a manner capable of
changing messages through a system of removable characters or panels attached to the face of the sign or
changed by electronic means.
Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of
signs on the exterior surface of a building or structure.
Facing or surface means the surface of the sign upon, against or through which the message is displayed or
illustrated on the sign.
Feather flag. A wind device that contains a harpoon -style pole or staff driven into the ground for support.
Flag/flagpole. A piece of fabric or other flexible material attached to a ground -supported staff on one end.
Human sign means a sign held by or attached to a human being who stands or walks on the ground, on -site
at a business location or off -site. A human sign also includes a person dressed in costume, for a commercial
(Supp. No. 4, Update 1)
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1012212024 Item WS1.
purpose of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or
product of a business.
Illuminated sign means any sign which has characters, letters, figures, or designs illuminated by electric
lights, luminous tubes or other means that are specifically placed to draw attention to, or to provide nighttime
viewing of, the subject matter on the sign face.
Inflatable sign means any sign manufactured of plastic, cloth, canvas or other flexible or light fabric, inflated
with air, secured to the ground, does not float, and does not exceed thirty (20) feet in height.
Kiosk sign means a ladder -style sign with multiple panels that is installed within the public right-of-way.
Monument sign means any detached sign made from masonry, concrete materials, wood or plastic, provided
that a masonry or metal base is incorporated into the sign, with no separation between the base of the sign and
grade.
Multi -tenant complex means a group of separate buildings platted as a single subdivision. Buildings may be
on separate lots, but are contained within the same subdivision plat.
Mural means pictures or artwork painted, drawn or applied on an exterior wall that does not depict or
contain advertising, logos or images of a product or service available on -site or off -site. Murals are not used to
advertise products or services offered or sold on -site or off -site.
Neglected sign means a sign that has any missing panels, burned out lights, missing letters or characters, has
rust, has loose parts, has damage, faded from its original color, supports or framework with missing sign or parts,
or is not maintained. Neglected signs are prohibited in the city and its extraterritorial jurisdiction.
Noncombustible material means any material which will not ignite at or below a temperature of 1,200
degrees Fahrenheit, and will not continue to burn or glow at that temperature.
Nonconforming sign means a sign and its supporting structure which does not conform to all or part of the
provisions of this article, and:
(1) Was in existence and lawfully erected prior to the effective date of the ordinance from which this
article is derived;
(2) Was in existence and lawfully located and used in accordance with the provisions of the prior
ordinance applicable thereto, or which was considered legally nonconforming there under, and has
since been in continuous or regular use; or
(3) Was in existence, located, and used on the premises at the time it was annexed into the city and
has since been in regular and continuous use.
Off -premises sign means any sign that displays any message directing attention to a business, product,
service, profession, commodity, activity, event, person, institution or other commercial message which is generally
conducted, sold, manufactured, produced, offered or occurs elsewhere than on the premises where the sign is
located. For purposes of this definition, any portion of a lawfully permitted special event where public streets have
been closed to traffic in accordance with this code shall be considered a single premises.
Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any
kind, suspended from a rope, wire or string, usually in a series, designed to move in the wind.
Pole sign means any sign erected on a vertical framework consisting of one or more uprights supported by
the ground and where there is a physical separation between the base of the sign and the ground.
Premises means a lot or unplatted tract, or a combination of contiguous lots and/or unplatted tracts of land
where the lot, tract, or combination of lots and/or tracts is under single ownership and is reflected in the plat
record of the city.
(Supp. No. 4, Update 1)
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1012212024 Item WS1.
Projecting sign means any sign which is attached to and supported by a building or wall and which projects
outward from the building or wall, generally at a right angle.
Public right-of-way means a dedicated road or street including the easement for that road or street.
Revolving sign means any sign that turns, spins, or partially or completely revolves on an axis.
Roof means any exterior surface of a structure that has a slope of less than 60 degrees and shall also include
the top most portion of any structure.
Searchlight or skylight means an apparatus capable of projecting a beam of light in excess of 10,000 peak
candlepower.
Sign. A structure, sign, display, light device, figure, painting, drawing, message, plaque, poster,
billboard, or other object that is designed, intended, or used that includes text or images designed to
communicate. Signs located completely within an enclosed building and not exposed to view from a
street shall not be considered a sign. Each display surface of a sign or sign face shall be considered to
be a sign.
Sign Area. The space enclosed within the extreme edges of the sign for each sign face, not including the
supporting structure or where attached directly to a building wall or surface, the space within the outline enclosing
all the characters of the words, numbers, or design.
Sign contractor means a general contractor.
Sign height means the highest elevation of any part of a sign structure measured from the crown of the
current or proposed future street improvement as determined by the city engineer of the street or road for which
the sign fronts.
Sign sight triangle/sight visibility triangle means the triangle formed at an intersection by intersecting
curblines and a non-curbline joining the curblines. The triangle is formed by a motorist's view of oncoming traffic
when exiting a private drive or at the intersection of two (or more) public streets. The motorist's eye is assumed to
be at a point 15 feet from the edge of the roadway. Traffic must be visible for a distance of ten times the speed
limit on either side of the vehicle parallel to the intersecting roadway. No sign shall be placed in or above the
triangular area created by the motorist's view described by this subsection (see Illustration 2-1 [at the end of this
article]). This will include those areas that may pose a pedestrian safety concern as determined by the city.
Sign, subdivision entry, means any permanent on -site sign identifying a subdivision located in a residential
zoning district.
Sign, temporary, A banner, pennant, poster, or advertising display constructed of paper, cloth, canvas, plastic
sheet, cardboard, wallboard, plywood, or other like materials and that appears to be intended or is determined by
the building official to be displayed for a limited period of time.
Sign, temporary nuisance Any temporary sign placed in the public right-of-way and/or on public property
that is not otherwise expressly allowed to be located within the public right-of-way and/or public property
pursuant to this chapter.
. Sign setback means the horizontal distance between a sign and the front or side property line, as measured from
that part of the sign, including its extremities and supports, nearest to any point on any imaginary vertical plane
projecting vertically from the front or side property line.
Snipe sign means aAny sign, generally of a temporary nature, made of any material, when such sign is tacked,
nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences, or other objects not erected,
owned, and maintained by the owner of the sign and without the consent of the property owner or lessee.
(Supp. No. 4, Update 1)
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1012212024 Item WS1.
Sign support means any pole, post, strut, cable or other structural fixture or framework necessary to hold
and secure a sign, providing that said fixture or framework is not imprinted with any picture, symbol or word using
characters in excess of one inch in height, nor is internally or decoratively illuminated.
Temporary nuisance sign means any temporary sign placed in the public right-of-way and/or on public
property that is not otherwise expressly allowed to be located within the public right-of-way and/or public
property pursuant to this chapter.
Temporary sign. A banner, pennant, poster, or advertising display constructed of paper, cloth, canvas, plastic
sheet, cardboard, wallboard, plywood, or other like materials and that appears to be intended or is determined by
the building official to be displayed for a limited period of time.
Vehicular sign means a sign painted upon or applied directly to any vehicle, truck, car, bus, trailer, boat,
recreational vehicle, motorcycle or any other vehicle; that are parked on a public right-of-way, public property, or
private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product
or direct people to a business or activity located on the same or nearby property.
Wall sign means any sign attached to or painted on a wall of a building or structure so that the wall forms the
supporting structure or becomes the background of the sign and which does not project more than 18 inches from
the wall. Neon tubing attached directly to a wall surface shall be considered a wall sign when forming a border for
the subject matter, or when directing attention to the subject matter or when forming letters, logos, or pictorial
designs.
Window sign means any sign, banner, poster or display located on the internal or external surface of the
window of any establishment for the purpose of advertising services, products or sales available within such
establishment or which announces the opening of such establishment. Neon tubing attached directly to a window
surface or window framing shall be considered a wall sign when forming a border for the subject matter, or when
directing attention to the subject matter or when forming letters, logos, or pictorial designs.
Sign width means the widest dimension determined by the largest measurement of all supports, projections
or any part of a sign structure on any horizontal plane.
Wall means any exterior surface of a structure that has a slope of 60 degrees or more.
Zoning district, nonresidential, means any zoning district designated by the zoning ordinance of the city as
NS, CR, CC, BG, LI, HI, PD, FP, DTH, and SBO.
Zoning district residential means any zoning district designated by the zoning ordinance of the city as AG/30,
ED, SF-20/26, SF-10/24, TH, MF, and MH.
Secs. 22-451-22-480. Reserved.
(Supp. No. 4, Update 1)
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