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10-27-1998 (City Council) Agenda Packet WYLIE CITY COUNCIL riti'/711. •• Agenda Tuesday, October 27, 1998 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Pledge of Allegiance Proclamation Declaring the Week of November 9-13 as Wylie Chamber of Commerce Week in Wylie,Texas. Citizens Participation Consent Agenda All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these'items. If discussion is desired,that item will be removed form the consent agenda and will be considered separately. A. Approval of the Minutes from the September 29,October 6& October 11 Special Called Meetings and the Regular Meeting of October 13, 1998. Items for Individual Consideration 1. Discuss and consider approval of a Resolution Changing Authorized Representative for Local Government Investment Cooperative(LOGIC). Executive Summary Changes in the Finance Staff has made it necessary for the City to complete a Resolution Amending Authorized Representatives.This resolution will revise the list of individuals authorized to complete transactions between the City and LOGIC. Staff has already sent a letter to LOGIC deleting the authority of a former staff member. The authorized representatives in the new resolution will be Mike Collins-City Manager,Brady Snellgrove-Finance Director,and Judy Klusmann,Assistant Finance Director. Board/Commissio/Staff Recommendation Approval of the resolution in order to facilitate investment of City funds in an efficient manner. 2. Discuss and consider approval of a Resolution Amending Authorized Representatives for TexPool(Texas Local Government Investment Pool). Item No. Agenda Item Action Taken Executive Summary Changes in the Finance Staff has made it necessary for the City to complete a Resolution Amending Authorized Representatives. This resolution will revise the list of individuals authorized to complete transactions between the City and LOGIC. Staff has already sent a letter to LOGIC deleting the authority of a former staff member. The authorized representatives in the new resolution will be Mike Collins-City Manager,Brady Snellgrove- Finance Director,and Judy Klusmann,Assistant Finance Director. Board/Commission/Staff Recommendation Approval of the resolution in order to facilitate investment of City funds in an efficient manner. 3. Discuss and consider the adoption of amendments to the water and sewer rates and fees ordinance allowing a utility customer 60 years of age or older additional days to pay a current utility bill without penalty; decreasing the number of days before a utility account becomes delinquent; and discuss and consider the adoption of an amendment to the water works ordinance adding a confidentiality of billing information clause. Executive Summary In 1993,the Texas Legislature enacted House Bill 670 which states that at the request of a utility customer 60 years of age or older,a utility shall delay without penalty the payment date of a current bill for providing utility services to that person until the 25th day after the billing date. The staff proposes to amend the utility ordinance to change the delinquent date of a current bill for these persons to 25 days after the date on which the bill is issued. The staff also is proposing to amend the utility ordinance for customers other than the elderly to shorten by 2 days the amount of time between the issue of a utility bill and the due date. A 14 day billing period will make the collection process for delinquent accounts more efficient and should reduce the exposure of the City to credit risk. In 1993,the Texas Legislature also enacted House Bill 859 which states that a government- operated utility may not disclose personal information in a customer's account if the customer requests that the utility keep the information confidential. The request for confidentiality of a customer's account must be made in writing. New customers are currently being offered this option when signing up for a new account. The staff proposes adding a clause to the utility ordinance adopting this right for utility customers. The Utility Billing staff will place an advertisement in the Wylie News and conduct a mailout campaign notifying the City's Utility customers of all 3 of the above issues including a form for use by those customers 60 years of age and older who wish to delay payment and a form for use by those customers who wish to choose the confidentiality option. Board/Commission/Staff Recommendations adoption of the amendments and additions to the Utility Ordinance as presented. 4. Hold the Second of Two Public Hearings for the Annexation of.998 Acres out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell,by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610,Page 702,Land Records,Collin County,Texas. Item No. Agenda Item Action Taken Executive Summary The City of Wylie has received a request for annexation from Mike Douglas for a.998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane. The applicant is requesting annexation in order to establish connections to City of Wylie utilities. Staff anticipates a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request,the property will be temporarily zoned as A(Agricultural)until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. According to the Collin County Central Appraisal District, the accessed taxable valuation of the property is $335,412.00. The Schedule for completion of the annexation is included with Item 4 backup materials. Board/Commission/Staff Recommendations Commission recommendation is not applicable. Staff is recommending approval. This is the second of two public hearings. No action is required. 5. Hold the Second of Two Public Hearings for the Annexation of 110 Acres out of the J.W.Mitchell Survey,Abstract No.589,Collin County,Texas and being the same property conveyed to Patsy Sue Donihoo by J.O.McWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County,Texas. Executive Summary The City of Wylie has received a request for annexation from Mrs.Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillan Road. The applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Specifically,per the applicant request the City of Murphy,Texas,has released this property from their extraterritorial jurisdiction (ETJ) due to the fact that Murphy utilities are unavailable at this time (see attached resolution # 268). Staff anticipates a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request,the property will be temporarily zoned as A(Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. According to the Collin County Central Appraisal District, the marketing value of the property is $363,000 with an accessed taxable valuation of $21,450. Should the Council approve this annexation, a five (5) acre out parcel in Murphy's extraterritorial jurisdiction(ETJ)will be totally surrounded by the City of Wylie proper. The five(5)acre out parcel is generally located along the north side of McMillan Road east of the 110 acre tract requested for annexation(see attached map). As a result,Council must find that surrounding this area is in the public interest prior to completing the annexation proceedings. Staff is of the opinion that surrounding this property is in the public interest due to the fact that the property will no longer be contiguous with the City of Murphy and based upon Wylie's ability to provide public services to the area. Also,please note that staff has contacted the City of Murphy in order to initiate a boundary agreement process and add the out parcel to the City of Wylie extraterritorial jurisdiction(ETJ). Commission/Staff Recommendations Commission recommendation is not applicable. Staff is recommending approval. This is the second of two public hearings. No action is required. Item No. Agenda Item ,Action Taken 6. Consider and Act Upon a Final Plat for the Twin Lakes Phase II addition proposed by Corwin Engineering, Inc., generally located at the northeast corner of South Ballard Street and Alanis Drive and being all of a certain 34.639 acre tract out of the Allen Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. Executive Summary The final plat under consideration is the Twin Lakes Phase II addition. The applicant is final platting 34.639 acres in order to develop the property with 110 single family lots. The property is currently vacant,unplatted,and zoned for SF-1, SF-2, and SF-3 (Single Family Residential)uses. Staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for thoroughfare screening and block length. The plat under consideration incorporates a note indicating that the required screening will be accomplished by the construction of a 6-foot high wooden fence(finished side of the fence will face the thoroughfare)with steel fence posts constructed by the home builder, and maintained by the individual homeowner. When the Planning and Zoning Commission recommended approval of this case,the plat incorporated a wall maintenance easement indicating that the required screening would be a wall. The wooden fence element is new and, therefore, requires Council approval. Staff is recommending approval of the fence subject to the screening note being revised to indicate that the fence will be constructed prior to final acceptance of the subdivision. Section 5.02 D (2)of the Subdivision Regulations states that the block length in residential areas shall not exceed 1,200 feet. The applicant is requesting a variance to this requirement as the length being proposed for Block H is 1,280 feet. The applicant has called out said variance within the note section on sheet 1 (note#6). (Refer to your back up materials) Board/Commission/Staff Recommendation At the September 21, 1998,Planning and Zoning Commission meeting, the Commission voted by 6-0 to favorably recommend this case. Staff recommends approval for construction, subject to the applicant revising the screening note accordingly. Staff Reports Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.074, Personnel Matters, Deliberation of Appointments to the Parks and Recreation Board to fill an unexpired term. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. I certify that this Notice of Meeting was posted on this the 22nd day of October,1998 at 5:00 p.m.as required by law in accordance to Section 551.042 of Texas Government Code. • Secretary Date Notice Removed The Wylie>MunicipaiComplex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-8100 or TDl)972/442-8170. WYLIE CITY COUNCIL tri INDIVIDUAL CONSIDERATION October 27, 1998 Item No. /. Issue Discuss and consider a Resolution Changing Authorized Representative for Local Government Investment Cooperative(LOGIC). Background LOGIC is organized pursuant to the Texas Interlocal Cooperation Act and the Texas Public Funds Investment Act as a local government investment pool. The 234 participants include 78 cities, 27 counties, 98 school districts, 5 higher education districts, 16 utility districts, and 10 other entities. Some of the cities using LOGIC are McKinney, Denton, Plano, Greenville, Garland, Sachse, Richardson, and Rockwall. The pool is operated like a money market fund in which interest is earned daily and paid on a monthly basis. Changes in the Finance Staff has made it necessary for the City to complete a Resolution Amending Authorized Representatives. This resolution will revise the list of individuals authorized to complete transactions between the City and LOGIC. Staff has already sent a letter to LOGIC deleting the authority of a former staff member. The authorized representatives in the new resolution will be Mike Collins - City Manager, Brady Snellgrove -Finance Director, and Judy Klusmann, Assistant Finance Director. Financial Considerations N/A Other Considerations The attached LOGIC Resolution complies with the Public Funds Investment Act of the Texas Government Code and the City's Investment Policy. Board/Commission Recommendation N/A Staff Recommendation Staff recommends approval of this resolution in order to facilitate investment of City funds in an efficient manner. Item for Individual Consideration Resolution-LOGIC Page I Attachments: Resolution changing authorized representatives for Local Government Investment Cooperative. &* -* fri rift;IL CAMP' Prepared by Revie d by Finance City Manager Approval Item for Individual Consideration Resolution-LOGIC Page 2 ■■■■■■■■r,ii, ■■■■■■■■i�■� Our Mission.. I:::_. • �r�Pi7 ...to be responsible stewards of the public trust, ■ill t■■■■■■ a�■■.■iuly■■■ to strive for excellence in public service,and p, to enhance the quality of life for all. October 20, 1998 LOGIC 1201 Elm Street Suite 3500 Dallas, Texas 75270 To Whom It May Concern: The following individual should be deleted as an Authorized Representative. Anita Collins Anita should become an authorized representative designatd to perform only inquiry of selected informations. The individual representative cannot make deposits or withdrawals. Mike Collins City Manager Brady Snellgrove Director of Finance An amended resolution will be following once it has been adopted a the October 27, 1998 City Council meeting. Should you require further information please let us know. cra,ftvi. Mike Collins City Manager Bra,Anellgrove Director of Finance 2000 Highway 78 North•Wylie,Texas 75098•(972)442-8100•Fax(972)442-4302 RESOLUTION CHANGING AUTHORIZED REPRESENTATIVES FOR LOCAL GOVERNMENT INVESTMENT COOPERATIVE WHEREAS, the City of Wylie (the "Government Entity") by authority of that certain Local Government Investment Cooperative Resolution (The "Resolution") has entered into that certain Interlocal Agreement (the "Agreement") and has become a participant in the public funds investment pool created thereunder known as Local Government Investment Cooperative ("LOGIC"); WHEREAS,the Resolution designated on one or more"Authorized Representatives"within the meaning of the Agreement; WHEREAS, the Government Entity now wishes to update and designate the following persons as the"Authorized Representatives"within the meaning of the Agreement; NOW THEREFORE, BE IT RESOLVED: The following officers, officials or employees of the Government Entity are hereby designated as"Authorized Representatives"within the meaning of the Agreement, with full power and authority to: deposit money to and withdraw money from the Government Entity's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity in LOGIC:In Signature: 1 1 C . ws_ Printed Name: MIKE COLLINS Title: CITY MANAGER Signature: i!/ _ i r Ir Printed Name: BRA Y E SNELLGROVE Title: DIRECTOR OF FINANCE Signature: Printed Name: JUDY KLUSMANN Title: ASSISTANCE DIRECTOR OF FINANCE The foregoing supersedes and replaces the Government Entity's previous designation of officers, officials or employees of the Government Entity as Authorized Representatives under the Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution shall remain in full force and effect. PASSED AND APPROVED this 24th day of October , 19 98 . By: Printed Name: JOHN MGNDY"- Title: MAYOR ATTEST: By: Printed Name: BARBARA SALINAS Title: CITY SECRETARY 2 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION October 27, 1998 Item No. 2i, hig D cuss and consider a Resolution Amending,Authorized Representatives for TexPool (Texas Local Government Investment Pool). Background TexPool is a state managed investment pool created for the benefit of cities, school districts and other political subdivisions. The 1,316 participants in this pool include 259 cities, 124 counties, 429 school districts, 41 higher education districts, 349 utility districts, 50 health care districts and 64 other entities. Some of the cities using TexPool are Allen, Mckinney, Frisco, Richardson, Farmersville, Greenville, Garland,Rowlett, Sherman and Austin. The pool is operated like a money market fund in which interest is earned daily and paid on a monthly basis. Changes in the Finance Staff has made it necessary for the City to complete a Resolution Amending Authorized Representatives. This resolution will revise the list of individuals authorized to complete transactions between the City and TexPool. Staff has already sent a letter to TexPool deleting the authority of a former staff member. The authorized representatives in the new resolution will be Mike Collins - City Manager, Brady Snellgrove - Finance Director, and Anita Collins - Accountant. Financial Considerations N/A Other Considerations The attached TexPool Resolution complies with the Public Funds Investment Act of the Texas Government Code and the City's Investment Policy. Board/Commission Recommendation N/A Staff Recommendation Staff recommends approval of this resolution in order to facilitate investment of City funds in an efficient manner. Item for Individual Consideration Resolution- TexPool Page 1 Attachments: Texpool resolution amending authorized representatives ere AiLed C131044 Prepared by Revie by Finance City Manager Approval Item for Individual Consideration Resolution- TexPool Page 2 JUL-08-98 WED 07:44 AM TEXPOOL PART SVCS FAX NO. 214 953 8777 P. 02/03 •x 'I.I . :\ I'(_0C} I, . An Inosatment Service fdr Fubtie Funds RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES WHEREAS, the City of Wv1ig_.. ("Participant") is local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act;and WHEREAS, the Texas Local Government Investment Pool ("TexPool"), a public funds investment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal,liquidity,and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A. That the individuals,whose signatures appear in this Resolution,are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds, B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant's TexPool account or(2)is no longer employed by the Participant;and C. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the Participant; 07/08/98 09: 15 TX/RX NO.8771 P.002 11 JUL-08-98 WED 07:44 All TEXPOOL PART SVCS FAX NO. 214 953 8777 P. 03/03 List the Authorized Representatives of the Participant. These individuals will be issued P.I.N. numbers. 1.Name MIKE COLLINS Title R. Signature C .12(/l4 Direct Phone Number 972-442-8120 2,Name BRADY E SNE LGROVE Title DIRECTOR 1tQlTOF Signature • /a _ Direct Phone Number 972-4_42-8141 3.Name JU KLUSMANN Title ASSISTANT DIRECTOR OF FINANCE Signature _ Direct Phone Number List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement, Name In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot make deposits or withdrawals. If the Participant desires to designate a representative with inquiry rights only, complete the following information. r+*+ 4.Name ANITA COLLINS Title ACCOUNTANT B. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the 24th. day OCTOBER , 1998 NAME OF PARTICIPANT: _.CITY OF WYL.TP BY: MI Signature Printed Name CITY MANANGER - -- Title ATTEST; Signature BARBARA SALINAS _ Printed Name wo.e SECRETARY OFFICIAL SEAL Title 07/08/98 09:15 TX/RX NO.8771 P.003 }}f fffr} } • Tr 1 An Investment Service for Public Funds- DELETION FORM FOR AUTHORIZED REPRESENTATIVES LOCATION NUMBER: .04304 EFFECTIVE DATE: October 10, 1998 PARTICIPANT NAME: CITY OF WYLIE PART I: DELETIONS - Please enter the names of the individuals that the Participant would like to delete as Authorized Representatives. PRINTED NAME PRINTED NAME i- Anita Collins _ 3• 2 Inquiry Only Representative* PART II: APPROVALS - Please enter the names of the individuals who are currently Authorized Representatives and who authorize the deletion of the individuals listed above. PRINTED NAME TITLE SIGNATURE MIKE COLLINS CITY MANAGER 7/1)2/. BRADY E SNELLGROVE DIRECTOR OF FINANCE e PART III: PRIMARY CONTACT - If the person deleted above was the Primary Contact, please provide the name of the Authorized Representative listed in Part II that will be the Primary Contact. The Primary Contact is the individual who will receive the daily transaction confirmations, monthly statements, monthly newsletter, TexPool Updates and other TexPool mailings. Name: PART IV: INQUIRY ONLY - If the person deleted above was an inquiry only representative, please specify below if you wish to add another individual. This limited representative cannot make deposits or withdrawals or sign Bank Information Sheets. No supporting documentation is needed other than the signatures of the Authorized Representatives. Name: WYLIE CITY COUNCIL r/Vt INDIVIDUAL CONSIDERATION October 27, 1998 Item No. �. Issue Discuss and consider the adoption of amendments to the water and sewer rates and fees ordinance allowing a utility customer 60 years of age or older additional days to pay a current utility bill without penalty; decreasing the number of days before a utility account becomes delinquent; and discuss and consider the adoption of an amendment to the water works ordinance adding a confidentiality of billing information clause. Background In 1993, the Texas Legislature enacted House Bill 670 which states that at the request of a utility customer 60 years of age or older, a utility shall delay without penalty the payment date of a current bill for providing utility services to that person until the 25th day after the billing date. The staff proposes to amend the utility ordinance to change the delinquent date of a current bill for these persons to 25 days after the date on which the bill is issued. The staff also is proposing to amend the utility ordinance for customers other than the elderly to shorten by 2 days the amount of time between the issue of a utility bill and the due date. A utility customer currently has 16 days from the billing date to make payment before the bill becomes delinquent. Delinquent notices are mailed out the 17th day after the billing date. The customer has 10 days to respond to the delinquent notice. If payment has not been made within the 10 days, the customer is notified by door tag that service will be disconnected after 48 hours. Due to the timing effect of weekends and holidays on this cycle, a customer's next utility bill may be ready to be mailed out before the delinquent collection process is complete. A 14 day billing period will make the collection process for delinquent accounts more efficient and should reduce the exposure of the City to credit risk. In 1993, the Texas Legislature also enacted House Bill 859 which states that a government-operated utility may not disclose personal information in a customer's account if the customer requests that the utility keep the information confidential. The request for confidentiality of a customer's account must be made in writing. New customers are currently being offered this option when signing up for a new account. The staff proposes adding a clause to the utility ordinance adopting this right for utility customers. The Utility Billing staff will place an advertisement in the Wylie News and conduct a mailout campaign notifying the City's Utility customers of all 3 of the above issues. The mailout campaign will include a form for use by those customers 60 years of age and older who wish to delay payment and a form for use by those customers who wish to choose the confidentiality option. Item for Individual Consideration Amending Water& Sewer Rates & Fees Ordinance Page I Financial Considerations The staff estimates that the cost of implementing these changes will be nominal. Other Considerations Both House Bill 670 (effective August 30, 1993) relating to the payment date of a utility bill for an elderly person and House Bill 859(effective September 1, 1993) relating to the confidentiality of certain information of a customer of a government-operated utility have been enacted by the State Legislature and signed into law by the Governor. Staff Recommendation It is recommended that the City Council adopt the amendments and additions to the Utility Ordinance as presented. Attachments Attachment A Proposed Ordinance Attachment B House Bill 670 Attachment C House Bill 859 Attachment D Time Line Attachment E Letter and Forms for Citizens to Choose Delayed Payment and/or Confidentiality edLv,, Prepare by Revie d by Finance City Manager Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYUE,AMENDING A SECTION OF ORDINANCE NO. 98-16 IN REGARD TO WATER AND SEWER RATES AND FEES AND AMENDING A SECTION OF ORDINANCE NO. 63-1 REGULATING THE USE OF WATER FROM THE CITY WATER WORKS. WHEREAS, the Texas Legislature has passed and the Governor has signed into law House Bill 670 relating to the payment date of a utility bill for an elderly person; and WHEREAS, the City Council of Wylie, Texas, has previously adopted Ordinance No. 98-18 establishing water and sewer rates and fees; and WHEREAS, the Texas Legislature has passed and the Governor has signed into law House Bill 859 relating to the confidentiality of certain information of a customer of a government-operated utilty; and WHEREAS, the City Council of Wylie, Texas, has previously adopted Ordinance No. 63-1 regulating the use of water from the City water works, and; WHEREAS, the City Council of the City of Wylie has determined that it wishes to be in compliance with these laws; and WHEREAS, the City Council of the City of Wylie desires to shorten the number of days before a utility account is considered delinquent; and NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, that SECTION 1. The City hereby amends Section 1.00, Water and Sewer Rates, of Ordinance 98-16 as follows: §1.06 Past due account penalty; restoration charges (a)The charges for water and/or sewer service shall be billed and collected monthly as a utility charge payable to the City of Wylie. All charges not paid within 46 14 days from the date that the bill is rendered shall be delinquent, except when the 4601 14th day falls on Saturday, Sunday, or a legal holiday under which condition such bill shall be due by 5:00 p.m. Central Time, on the next working day following such Saturday, Sunday, or legal holiday. (b) Residential customers age sixty(60) years or older who are the responsible occupant may upon completion of an application and proof of age be granted a delay in the imposition of late charges of 25 days from the billing date for current billings only. The delay shall be effective on the first billing date following receipt of application. Responsible occupant is defined as an individual residing at the address and in whose name the account has been established. (c)All payments made after the 46th 14th day, or 25th day for a customer 60 years of age or older who has applied for and been granted a delay in the imposition of late charges, will bear a late charge of[or] penalty of$1.00 or five percent, whichever is larger, on such monthly charge. (d) A customer's utility service may be disconnected if a bill has not been paid or a deferred payment agreement entered into within 26 24 days from the date of issuance of a bill, or 35 days from the date of issuance of a bill to a customer 60 years of age or older who has applied for and has been granted a delay in the imposition of late charges, and if proper notice has been given. Proper notice shall consist of a separate mailing or hand delivery at least ten days prior to a stated date of disconnection, with the words "termination notice" or similar language prominently displayed on the notice. The information included in the notice shall be provided in English and Spanish as necessary to adequately inform the customer. Attached to or on the face of the termination notice shall appear a statement notifying the customer that if they are in need of assistance with payment of their bill, they may be eligible for alternative payment programs, such as deferred payment plans, and to contact the water department of the City of Wylie for more information. If mailed, the cutoff day may not fall on a holiday or weekend, but will be on the next working day after the tenth day. Service may not be discontinued to a delinquent residential customer permanently residing at that residence becoming seriously ill or more seriously ill if service is discontinued. If a customer seeks to avoid termination on this basis, the customer must have the attending physician call or contact the water department within 46 14 days of the issuance of the bill, or within 25 days of the issuance of the bill for a customer 60 years of age or older who has applied for and has been granted a delay in the imposition of late charges. The limit on termination shall last 63 days from the issuance of the bill or a lesser period if agreed by the parties. The customer who makes such request shall enter into a deferred payment plan to accomplish payment of the bill. (e) Sub-paragraph d now becomes sub-paragraph e. (t) Sub-paragraph e now becomes sub-paragraph f. SECTION 2. The City hereby amends Section 3 of Ordinance 63-1 as follows: Information in a person's utility account may not be disclosed if such person requests that the City keep such information confidential. A person may request confidentiality by completing and delivering to the City written notice of such request. This does not prohibit the City from disclosing the information in a person's utility account records to (1) an official or employee of the state or a political subdivision of the state or the federal government acting in an official capacity; (2) an employee of a utility acting in connection with the employee's duties; (3) a consumer reporting agency; (4) a contractor or sub-contractor approved by and providing services to the utility or to the state, a political subdivision of the state, the federal government, or an agency of the state or federal government; (5) a person for whom the customer has contractually waived confidentiality for personal information; (6) another entity that provides water, wastewater, sewer, gas, garbage, electricity, or drainage service for compensation. A person may rescind a request for confidentiality by completing and delivering to the City written permission to disclose information. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 27th day of October, 1998. By John Mondy Mayor ATTEST: Barbara Salinas City Secretary H.B. No. 670 1-1 AN ACT 1-2 relating to the payment date of a utility bill for an elderly 1-3 person. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Elderly person" means a person who is 60 years of 1-7 age or older. 1-8 (2) "Utility" means an electric, gas, water, or 1-9 telephone utility that is operated by a public or private entity. 1-10 SECTION 2. PAYMENT DATE OF CERTAIN UTILITY BILLS. (a) On 1-11 request of an elderly person, a utility shall delay without penalty 1-12 the payment date of a bill for providing utility services to that 1-13 person until the 25th day after the date on which the bill is 1-14 issued. 1-15, qb) . An elderly person may request that the utility. implement 1-16 the delay for the most recent utility bill or for that utility bill 1-17 and each subsequent utility bill for which payment has not already 1-18 been delayed. 1-19 (c) The utility may require the requesting person to present 1-20 reasonable proof that the person is 60 years of age or older. 1-21 (d) This section applies only to an elderly person who is a 1-22 residential customer and who occupies the entire premises for which 1-23 a delay is requested. 1-24 (e) This section does not apply to a utility that does not 2-1 assess late payment charges on residential customers and that does 2-2 not suspend service before the 26th day after the date of the bill 2-3 for which collection action is taken and is regulated by the Public 2-4 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil 2-5 Statutes) . 2-6 SECTION 3 . APPLICATION OF ACT. This Act applies only to a 2-7 utility bill issued on or after the effective date of this Act. A 2-8 utility bill issued before the effective date of this Act is 2-9 governed by the law in effect when the bill was issued, and that 2-10 law is continued in effect for that purpose. 2-11 SECTION 4. EMERGENCY. The importance of this legislation 2-12 and the crowded condition of the calendars in both houses- create an • 2-13 emergency and an imperative public necessity that the 2-14 constitutional rule requiring bills to be read on three several 2-15 days in each house be suspended, and this rule is hereby suspended, 2-16 and that this Act take effect and be in force from and after its 2-17 passage, and it is so enacted. H.B. No. 859 1-1 AN ACT 1-2 relating to confidentiality of certain information of a customer of 1-3 a government-operated utility; providing a criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Government-operated utility" means an entity 1-7 that: 1-8 (A) is a governmental body or is governed by a 1-9 governmental body, as defined by Section 2 (1) , Chapter 424, Acts of 1-10, the 63rd Legislature, Regular Session, 1973 (Article -6252.717a, 1-11 Vernon's Texas Civil Statutes) ; and 1-12 (B) provides water, wastewater, sewer, gas, 1-13 garbage, electricity, or drainage service for compensation. 1-14 (2) "Personal information" means an individual's 1-15 address, telephone number, or social security number. 1-16 (3) "Consumer reporting agency" means any person 1-17 which, for monetary fees, dues, or on a cooperative nonprofit 1-18 basis, regularly engages in whole or in part in the practice of 1-19 assembling or evaluating consumer credit information or other 1-20 information on consumers for the purpose of furnishing consumer 1-21 reports to third parties. 1-22 SECTION 2. CONFIDENTIALITY OF PERSONAL INFORMATION. Except 1-23 as provided by Section 5 of this Act, a government-operated utility 1-24 may not disclose personal information in a customer's account 2-1 records if the customer requests that the government-operated 2-2 utility keep the information confidential. The customer may 2-3 request confidentiality by delivering to the government-operated 2-4 utility an appropriately marked form provided under Section 4 (3) of 2-5 this Act or any other written request for confidentiality. The 2-6 customer may rescind a request for confidentiality by providing the 2-7' government-operated utility written permission to disclos•e'personal ' 2-8 information. 2-9 SECTION 3 . FEE. The government-operated utility may charge 2-10 a fee not to exceed the administrative costs of complying with a 2-11 request of confidentiality. 2-12 SECTION 4. NOTICE; REQUEST. A government-operated utility 2-13 shall include with a bill sent to each of its customers: 2-14 (1) a notice of the customer's right to request 2-15 confidentiality of personal information under this Act; 2-16 (2) a statement of the amount of any fee applicable to 2-17 the request; and 2-18 (3) a form that the customer may use to request that 2-19 confidentiality by marking an appropriate box on the form and 2-20 returning it to the government-operated utility. 2-21 SECTION 5. EXCEPTIONS. This Act does not prohibit a 2-22 government-operated utility from disclosing personal information in 2-23 a customer's account records to: 2-24 (1) an official or employee of the state or a 2-25 political subdivision of the state, or the federal government 2-26 acting in an official capacity; 2-27. (2) an employee of a utility acting in connection with . 3-1 the employee's duties; 3-2 (3) a consumer reporting agency; 3-3 (4) a contractor or sub-contractor approved by and 3-4 providing services to the utility or to the state, a political 3-5 subdivision of the state, the federal government, or an agency of 3-6 the state or federal government; 3-7 (5) a person for whom the customer has contractually 3-8 waived confidentiality for personal information; or 3-9 (6) another entity that provides water, wastewater, 3-10 sewer, gas, garbage, electricity, or drainage service for 3-11 compensation. 3-12 SECTION 6. NO CIVIL LIABILITY FROM VIOLATION. A 3-13 government-operated utility or an officer or employee of a 3-14 government-operated utility is immune from civil liability for a 3-15 violation of this Act. 3-16 SECTION 7. EFFECTIVE DATE. This Act takes effect September 3-17 1, 1993. 3-18 SECTION 8. EMERGENCY. The importance of this legislation 3-19 and the crowded condition of the calendars in both houses create an 3-20• emergency and an imperative public necessity •that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended. TIME LINE OF UTILITY BILLING CYCLES Late Notices Sent Out I Delinquent Accounts Cutoff 1604,, ,,, „: , ill 41 54 11.M.i At. 11111111111111111111 HII - HIflililll..i..,HillI III l.,HIIIIIlIlII._H111111lillI1IIlI„IIIlIIIIIIHHill 1 12 24 "I 40 4` 52 :9i It: .- :. IRead/Reread Meters I Processing I Mail Bills I Bills Due I I Delin uent ccounts Tagged for Cutoff ClgilatitierNi There are only 5 days between cutoff *in4ti ,tar , for the first 30 days and billing for the next 30 days. Weekends and holidays can shorten this even further. 0 Utility Billing Cycle for first 30 day period Utility Billing Cycle for second 30 day period TO ALL CITY OF WYLIE UTILITY CUSTOMERS The City Council of Wylie, at its October 27, 1998, meeting, approved the following changes to the City's Utility ordinance. 1. The amount of time between the date a bill for utility services is mailed and the due date of the bill has been shortened from sixteen(16) days to fourteen(14) days. This will become effective with bills due in December, 1998. 2. In compliance with House Bill 670, any utility customer who is sixty (60) years of age or older may choose to change the due date for current utility bills to twenty-five(25)days after the billing date without incurring any delinquent charges. A customer choosing to do this must reside at the address and the account must be in that person's name, not in the name of another entity. Any customer wishing to take advantage of this opportunity must complete the form enclosed with this letter entitled"Option to Change Utility Payment Due Date" and return it in person to The City of Wylie, 2000 Highway 78 North, Wylie, Texas 75098, along with proof of age. The delay in due date will become effective on the first billing date following receipt of the application. While this will delay the date at which delinquent charges will be added to an account, all other conditions for the payment of utility bills will remain the same. 3. In compliance with House Bill 859, a utility customer has the right to have certain information, such as address, telephone number, social security number or driver's license number,kept confidential. Any customer wishing to take advantage of this right must complete the form enclosed with this letter entitled"Utility Account Confidentiality Form" and return it to The City of Wylie, 2000 Highway 78 North,Wylie, Texas 75098. If further information is needed regarding this matter, please feel free to call (972) 442-8103 or 442- 8131. OPTION TO CHANGE UTILITY PAYMENT DUE DATE I understand and agree by completing this form that my utility billing account with the City of Wylie will be marked so that no delinquent charges for non-payment will be assessed to my utility account until 25 days after the billing date. I also understand and agree that all other conditions for the payment of my utility bill will remain the same. All bills must be paid on a monthly basis and those that are not paid in this manner will be subject to disconnection. Account Name Service Address Birth Date Signature Date Signed UTILITY ACCOUNT CONFIDENTIALITY FORM I do hereby request that the utility record information as authorized by House Bill 859 be kept confidential and that such information be only disclosed to those persons or entities authorized to receive such information by statute. I understand that by statute, information may be disclosed to (1) an official or employee of the state or a political subdivision of the state or the federal government acting in an official capacity; (2) an employee of a utility acting in connection with the employee's duties; (3) a consumer reporting agency; (4) a contractor or sub-contractor approved by and providing services to the utility or to the state, a political subdivision of the state, the federal government, or an agency of the state or federal government; (5) a person for whom the customer has contractually waived confidentiality for personal information; (6) another entity that provides water, wastewater, sewer, gas, garbage, electricity, or drainage service for compensation. Account Name Account Number Service Address Signature Date Signed WYLIE CITY COUNCIL r/VP INDIVIDUAL CONSIDERATION Public Hearing October 27, 1998 Item No. 4. Issue Hold the Second of Two Public Hearings for the Annexation of.998 Acres out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell, by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture,Inc. by,deed recorded in Volume 2610,Page 702, Land Records, Collin County, Texas. Background The City of Wylie has received a request for annexation from Mike Douglas for a .998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane. The applicant is requesting annexation in order to establish connections to City of Wylie utilities. Staff has held preliminary discussions with the applicant regarding the use and zoning of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings,the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2) public hearings have been scheduled for the October 13, 1998, and October 27, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for November 17, 1998. Notice published for the first public hearing: September 30, 1998 First Public Hearing: October 13, 1998 Notice published for the second public hearing: October 14, 1998 Second Public Hearing: October 27, 1998 Institution date (Adopt Ordinance): November 17, 1998 Item for Individual Consideration Annexation Request-Douglas Page 1 Financial Considerations According to the Collin County Central Appraisal District,the accessed taxable valuation of the property is $335,412.00 Other Consideration Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). Commission Recommendation Not applicable Staff Recommendation Approval Attachments Applicant's letter Exhibit "A" legal description City limits boundaries map Service Plan Annexation Ordinance CAS • Prepared by Revie by Finance City Manager Approval Item for Individual Consideration Annexation Request-Douglas Page 2 FarmTek/ Sport Timyng Specialists r:armTek, Inc. 5113 Heritage Avenue (972) 495-6529 Sachse,TX 75048 FAX: 530-6103 July 1, 1998 City of Wylie,Texas 2000 Highway 78 North Wylie,TX 75098 To Whom It May Concern, On behalf of FarmTek,-Inc., owner of the property and buildings located at 1000 East Highway 78 North (also know as 1001 Easy Highway 78 North), and formally defined in the attached Survey and Legal Description, I request annexation of said property into the City of Wylie,Texas in the most expeditious manner possible. Please contact me with any questions. Thank you. Sincerely, 'i Iile Douglas President, FarmTek, Inc. mwd/csh • • REC1J J U N 191998 ' 511 fi • Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 638, City of Wylie, Collin County, Texas, and being the same tract of land conveyed to Doyle R. Mitchell and )c'ife Nancy Kaye Mitchell by deed recorded in }Volume 2689, Page 793 and the saute tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas and being more particularly described as follows: Beginning at a 3/8 inch iron rod found in the south right-of-way line of the St. Louis and Southwest Railroad (100'R.O.}}'.)for the northwest corner of a 2.939 acre tract of land conveyed to Paul C. Merritt and Richard A. Williams by deed recorded in Volume 2070, Page 140, Land Records, Collin County, Texas,- Thence, S 00'00'00" E, along the west litre of said 2.939 acre tract, a distance of 325.98 feet to- rt 1/2 inch iron rod set in the north right-of-way line of State Highway No. 78 for the southwest corner of said 2.939 acre tract and being in a curve to the left having a radius of 2924.93 feet; Thence, along said curve to the left, through a central angle of 02° 59' 04", an arc length of 152.35.feet and a chord of S 75° 05' 48" W, 1.52.34 feet to a 1/2 inch iron rod found for the southeast corner of a northerly tract of land described in a deed to Al). Boyd Family Trust and recorded by County Clerk's File No. 94-0059169, Land Records, Collin County, Texas; Thence, N 00' 00' 00" F., along the east line of said Boyd Family Trust Tract, a distance of 265.15 feet to a 1/2 inch iron rod set in the south right-of-way line of said Railroad in a curve to the right having a radius of 5741.78 feet for the northeast corner of said Boyd Family Trust Tract, • Thence, along the south right-of-way line of said Railroad and curve to the right, through a central angle of 01' 46' 34', an arc length of 177.98 feel and a chord of N 55' 48' 36' .K, 177.97 feet to the Point of Beginning and containing 43,492 square feet or 0.998 acres of land. y I o^ tre I ,l t • $ —•._.•_..le I 3* 1. if• r 14 f / v r ;a'ri�`'S,`-.i w:ram er ,3" mr 3 r °' (. ,:,,,..1,,,tb-'4%'. x,,,,,,,s...„..",..„..r.ix..sr___,.... ..t.t2..,,,,,,,_t.x...7-:...7..71. / ? fs } 0 �P�/..'I / / ?'. I I I C„ /' I I .n /• ` \\ /• MKE-DC AS Q /. PROPEZ1 I I W • /• 0.451SACtedi i•S'` • / := / / / / -7 3 • .• /' / i .• 0 . 1 .• • .,.,• • • SV\ 1 • o I -.._.._.._.._ • PROPOSE D . . AN N EX�ATI O N MAP "Exhibit B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: October 13. 1998 ACREAGE ANNEXED: .998 ACRES SURVEY, ABSTRACT & COUNTY: Francisco De La Pina Survey Abstract No. 688 Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of peiiiiits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty(60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty(60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies,beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES l. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. • 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty' (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr • J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary.]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten (10) years from the effective date of the Ordinance. te- ; wit wner Signature fres,.c'en f 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A .998 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, BEING THE SAME PROPERTY CONVEYED TO DOYLE R. MITCHELL AND WIFE NANCY DAYE MITCHELL, BY DEED AS RECORDED IN VOLUME 2689 AT PAGE 793 AND THE SAME TRACT OF LAND CONVEYED TO HOME TOWN FURNITURE, INC. BY DEED RECORDED IN VOLUME 2610, PAGE 702, LAND RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; 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") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News WYLIE CITY COUNCIL pit INDIVIDUAL CONSIDERATION Public Hearing October 27, 1998 Item No. 6.. Issues Hold the Second of Two Public Hearings for the Annexation of 110 Acres out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife,Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County, Texas. Background The City of Wylie has received a request for annexation from Mrs. Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillan Road. The applicant is requesting annexation in order to enable development of the property utilizing City of Wylie utilities and has indicated a contract to develop the property has been issued. Specifically, per the applicant request the City of Murphy, Texas, has released this property from their extraterritorial jurisdiction (ETJ) due to the fact that Murphy utilities are unavailable at this time (see attached resolution # 268). Also, staff has held preliminary discussions with the development community regarding the zoning and development of this property and anticipate a request for rezoning subsequent to Council approval of the annexation request. Should the City Council approve the annexation request, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing and institution schedule. As your can see, the two (2) public hearings have been scheduled for the October 13, 1998, and October 27, 1998, City Council Meetings. The date for the institution of the annexation proceedings has been scheduled for November 17, 1998. Notice published for the first public hearing: September 30, 1998 First Public Hearing: October 13, 1998 Notice published for the second public hearing: October 14, 1998 Second Public Hearing: October 27, 1998 Institution date (Adopt Ordinance): November 17, 1998 Item for Individual Consideration Annexation Request- Lewis Page 1 Financial Considerations According to the Collin County Central Appraisal District, the marketing value of the property is $363,000 with an accessed taxable valuation of$21,450. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered, under Section 43.056 of the Local Government Code, for provisions of Services to the annexed area and use it as directed in said statute (see attached service plan). • Section 43.057 of the Local Government Code, states that if a proposed annexation causes an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest. Should the Council approve this annexation, a five (5) acre out parcel in Murphy's extraterritorial jurisdiction (ETJ) will be totally surrounded by the City of Wylie proper. The five(5)acre out parcel is generally located along the north side of McMillan Road east of the 110 acre tract requested for annexation (see attached map). As a result, Council must find that surrounding this area is in the public interest prior to completing the annexation proceedings. Staff is of the opinion that surrounding this property is in the public interest due to the fact that the property will no longer be contiguous with the City of Murphy and based upon Wylie's ability to provide public services to the area. Also, please note that staff has contacted the City of Murphy in order to initiate a boundary agreement process and add the out parcel to the City of Wylie extraterritorial jurisdiction (ETJ). Commission Recommendation Not applicable Staff Recommendation Approval Attachments Applicant's letter Exhibit "A" legal description Resolution No. 268 (Release from Murphy ETJ) City limits boundaries map Service Plan Annexation Ordinance Prepared by u ewed by Fin nc City Manager Approval Item for Individual Consideration Annexation Request-Lewis Page 2 • Mrs. Patsy Lewis c J//// 8421 Private Road#5201 / Princeton,Texas 75407 v March 5, 1998 Mr. Mike Phillips City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Annexation into the City of Wylie of an approximate 110 acre tract of land located at the northeast corner of McMillan and McCreary Roads, being situated in the J.M. Mitchell Survey, Abstract •No. 589, Collin County, Texas, and being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Property") Dear Mr. Phillips : Please accept this letter as my formal request to the City of Wylie to annex the Property into the jurisdiction of the City of Wylie promptly upon the disannexation of the Property from within the jurisdiction of the City of Murphy. Simultaneously with this annexation request, I have formally requested the City of Murphy to disannex the Property from within the jurisdiction of the City of Murphy. If there is anything further that I need to do in order to expedite the conclusion of this request, please let me know at once . Please do not hesitate to contact me should you have any questions . with respect to the foregoing or need anything further. I look forward to hearing from you. Very truly yours, t )/La a- Mrs . Patsy Lewis cc: Mr. Roy Bentle - Mayor City of Murphy Route 3, Box 448 Plano, Texas 75094 jjm\1tr\0198\lewis.ann NOTICE OF PUBLIC HEARING CITY COUNCIL THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS WILL HOLD THE FIRST OF TWO PUBLIC HEARINGS ON TUESDAY, OCTOBER 13, 1998, AT 7:00 PM IN THE CITY COUNCIL CHAMBERS IN THE WYLIE MUNICIPAL COMPLEX LOCATED AT 2000 HIGHWAY 78 NORTH, TO RECEIVE PUBLIC COMMENTS CONCERNING THE ANNEXATION OF THE FOLLOWING DESCRIBED PROPERTY: • BONG oil that certain lot, tact or parcel of land situated in the J. W. }Mitchell Survey, Abstract No.. 589, Collin County Texas, and being the some ro conveyed`.to Pa• Sue Donihoo by J. 0. .1McWhirter ondw'rfe, Purl A. p hirt ?.1cV,'hir:cr, by deed as re-corded in Volume 942•at Page 488 of'the Deed Records of Collin County, Texas, colle-d•110 acres in two tracts' o, land and being more porticularty doscrib as 'follows: . • BEGINNING at,a 5/8` iron rod act for corner for the Southeast corner of Tract 2 of said Donihoo..property, said point•being Abe Southwest corner of c celled 5.00 acre tract of land conveyed' to• Gene Lewis by deed cs recorded in Volume 606 at Page 546 of.the Deed Records .of Collin County, Texas, and also being in the old•ccntcr of McMillan Road (County Road No. 298), (70 foot right—of—way, the North 20 feet .by pre-•,criptive casement •and the.South 50 feet by dedication); THENCE North 89' 33' 04`•.West along the South. lino•of said Donihoo tract and following the North line..of a•celled,'120.642 ocro tract••described• in. Deed of Trust as recorded in•Volume 1915 at . ago:654 of•the Deed Records of Collin County, Texas, and following. the aid:.ccntcr of McMillan Roa'd..at 50.0 feet North of and parallel to the North.line of a called 115.155 acre•tract conveyed to Clayton/Cambridge 'Joint Venture os re-corded•In County Clerk'File No. 920045237 of the Deed Records of Collin'County;'Texas, and the South .line of 1,lcl1illon Road for a distance of. 1818,08 feet:(1815. feet deed) to a railroad spike set for the Southwest.corner of said Donihoo property; • • THENCE North 00• .36' 44"•East'along the' West line of said Donihoo prope,•ty end the celled West Gne• of the J. W. '}.(itchdll Survey and—the celled East line of the C. A. McMillan Survey, 'Pbstract No. • 588 •and following the center of blcCreary Road (County'Rood No. 245), •(60 foot undedicated•right—of—way) for e distance of 2669.91 fcet.•(2c40 fe•ot deed). to o railroad spike sot in asphalt for corner, told point being 'the .Nortnwo;t corner of the Donihoo 110 acre tract and the called Northwest-corner of-Said J. W. Mitchell Survey cnd also being the Southwest corner of 'celled 80 acre 'tract convoyed to E. Donihoo by deed as recorded in Volume 549 ct Page 481 of the Deed Re-cords of Collin County, Texas; THENCE North 89' 33' 32' East along the common line of said called 110 acre tract and the 80 acre 'tract and following the called .North line of the J. W. Mitchell Survey for a distance of 1821.54 feet (1815 feet deed) to c 1` iron pipe found for corner, cold point being the Northeast corner of said called 110 core tract and also bring in the West line of a called .113.4-07 acre tract of land conveyed to.William E. Camp all, Jr. — ?(cCrearY Road Limited Partnership by deed cs recorded in Volume 681 at Page 802 of the Deed Records of Collin County, Texas; THENCE South OG' 40' 50' West along the common line of the called 11 olacre tract and the called 113.407 acre tract cnd following the g he lined fence line for a distance of 2698.21 .fcot (2640 feet deed) to the PLACE BEGINNING and CONTAJNING 112.1246 ACRES OF LAND, more or less, of which 2.6595 ACRES arc locoted in' the undedicated 20 foot right—of—way of McMillan .Road and the undedicated' 30.foot right—of—way of 1.1cCreary Road leaving a net area of 109.4650 ACRES OF LAND. 24 88 12:06p p. 2 -77 RESOLUTION NO. 268 WHEREAS, Patsy Lewis, the owner of a 110 acre tract of Iand situated in the extraterritorial jurisdiction of the City of Murphy, "Texas, has requested that the.City release that property from its extraterritorial jurisdiction; and WHEREAS, Patsy Lewis, desires to have the property annexed into the City of Wylie, Texas; and WHEREAS, the City of Murphy, Texas, is willing to cooperate in the release of the land from its extraterritorial jurisdiction to the extraterritorial jurisdiction of the City of Wylie and consent to the annexation of said land, conditioned upon the initiation of the annexation proceedings within six months of the date of this resolution, and the uontpletion of the annexation within eighteen months of the date of this resolution: NOW, TFLERF.FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS: That the 110 acres of land, more particularly described in Exhibit A, at-ached hereto and made a part hereof for all purposes as though fully set out herein, is hereby released from the extraterritorial jurisdiction of the City of Murphy, Texas, and the City of Murphy does hereby consent to the annexation of said property to be annexed by the City of Wylie, Texas; IT IS FURTHER RESOLVED, HOWEVER, that this consent and release of the extraterritorial jurisdiction is valid only if the City of Wylie initiates annexation proceedings within six months of the date of this resolution and completes such proceedings within eighteen months of the date of this resolution. ADOPTED this 6th day of Apr 1 , 1998. Roy . Benue, Mayor ATTEST: dc)e,;(.. ./. .4. Linda B. Marley, City Sectietary APPROVED AS TO FORM: Je . GiiWiore, City Attorney JN Lxs,11.14”t • t.-- • ••••,...„ i 1 •........., ...._ _ ti \. .1/ ---..\/...Nr. N'\ • -...111111)Nro• 'ea • .4 I V) ..• zi Z.3 ce ./. . W Y .......... . CC < 1 CL \.. \V A A I .A. Minaleilltitilie- NN, r------- l'i n :1•jr•th ".". 614 Elv' Vi r.1. #r',,) 1 II p IN lirdifilpri 1 V.9'.lipi 1,1- • ! '11, li.,T-•'IL! ' 1 - ' 't' . ., ,. 41:51,, ...,, ,, . , ..1, 1111111 a le%*' $4•4$1 t:•...nti.' t Alf....''R..\.11tril MIA 2.16t. ./` f• 1...\i• -i, = ell en/1444A- -c5 11111111f/ft4.11111111 _ cc ':!'1•Li.1`.:..' .'i';'7.i:1,.i..7':•''aii.q.4'11...-t•l'ii.:!';i::;:ifil,,iii! 'A Iiillihifill L'''''1:4: :1:;171...:A:.2111:•:'.;:7.Ni::,.• Atis4.i17;,;,1.:',13'.:.(914:4...11.:1•1;.1111:',.:.1::.M..,•!:?-1jAl.:1::-:: 111:1411:11117:11:11 Ls g,_ mmiruv,„„„,,_ u.., -F- cy- ..0 6),' '''''' :•';:-• ."i."-*,. •:::9,:.,.:?..y.!..,,. .,t!! C 11111111M1P02 __Toteidiallgipunimat= . ,{• ,... X "•1 .:: •:i••!! . "U ____-- . r:,.•:'•• '''hrti.14: -1 ' .:Aif 1 4.. ;. MI gli% alell="Mitilliffil - \_ /\ #70//i/ftlp1-11/111 krill!_ — CL - i.4; ",' 4 .i. !?• Yin,,„;,...f.;li: m.o. il 'Ll101.:: 11...i:::::I :.;,;.:11.:1i,:.;t;:::.i.:4!:i;.:7:(ifilli..S.:1)5:31.71(.1:..ii;:,:iii::::41:::!..::.1 ..lj.ilirr:lil.:4;„:..'..1:fi II iliiiitri AtiaPlalilli 441111 — _ _ - - _ —71— 1:1 • 1 P E -1 • "Exhibit B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: October 13, 1998 ACREAGE ANNEXED: 110 +ACRES SURVEY, ABSTRACT & COUNTY: J. W. Mitchell Survey Abstract No. 589 Collin County. Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City") at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 1 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 2. Inspection services including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with the City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. 2 C:Annex.ltr E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall,upon dedication to and acceptance by the City, be maintained and operated by the City, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. • G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3 C:Annex.ltr 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within approved dedicated easements shall be maintained by the City beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, • sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in approved dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Ordinance and other applicable City ordinance and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4-1/2) years after that date. 4 C:Annex.ltr J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. 3. [ADD IF VOLUNTARY ANNEXATION:The parties agree that because of the size or projected manner of development by the owner and/or developer, it is not reasonably expected and the parties do not require construction of capital improvements to be substantially completed within four and one-half(4-1/2) years. NOTE: owner will sign Service Plan if the annexation is voluntary]. 4. Notwithstanding anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 5. The Service Plan is valid for ten (10) years from the effective date of the Ordinance. 1/7, Owner Signature 5 C:Annex.ltr CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 110 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J.W. MITCHELL SURVEY, ABSTRACT NO. 589, BEING THE SAME PROPERTY CONVEYED TO PATSY SUE DONIHOO BY J.O. McWHIRTER AND WIFE, PERAL A. McWHIRTER, BY DEED AS RECORDED IN VOLUME 942 AT PAGE 488 DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 85-23A; 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") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie: SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 85-23A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1998. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARABARA SALINAS City Secretary DATE OF PUBLICATION: ,Wylie News It j 'c6/ih,if BJNG all that certain lot, hoot or parcel of land fituateexas, ann the J.the some W. Mitchell Survey, Abstract No. • 589, Collin County, A. property conveyed'to Patsy Sue Conihoo by J. O. .Fagg'ter oaf•:w e, Pearl ords of McWhirter, by deed as recorded in Volume 942•oft Collin County, Texas, coiled-110 acres in two tracts' of land end being more porticularby described os 'follows: . BEGINNING at,o 5/8" iron rod set.for corner for the Southeast corner of Tract 2 of sold Donihoo,.property, said point•being .the Southwest corner of c coiled 5.00 acre tract of land conveyed' to- G-ene Lewis by deed Tesxas recaorded also bei ng ein 606 at Page 546 of•the Deed Records,of .Collin County, 70 :foot right—of—way, bei gy, tho old-center of McMillan Rood (County Rood No._ 298), the North 20 feet .by pre-?criptive easement 'and the,South 50 foot by . dedication; . . THENCE North 89' 33' 04'•.•West along the South' line•of sold Donihoo tract and following the North line.'of o'called,•120.642 oc/o tract'.esc DeedR d in Dee ecordso fd Collin of Trust as recorded in•Volume. 1915'ct.f?agc'654 of County, Texas, and following. the old:.cotter of McMill.on Rood..at 50.0 feet North ofed to Ci and parallel bm to 'Jointi Venture as re-corded •County Clork FilccHo.re920045237 Clayton/Cambridge of the Deed Records of Collin*County;',Texas, and the South .line of McMillan ' Road for a' distance of. 1818..08 feet:(181 property;. f t'.deed) to a railroad spike set for the Southwest.corne • r of said Donihoo ' THENCE North 00' •36' -4-•East"along the' West line of said Donihoo property line and the coiled West line' of the J. W.'i o an itcho Su d and—the the Eastcenter . . 588 of the C. A. McMillan Survey, 'Abstract McCreary Rood (County•Road No. 245), •(60 foot undedicated•right—of-way) for a distance of 2669.91 feet••(2640 feet deed). to a railroad spike sat in asphalt for corner, said .point being •the ,Norhriost corner of the Donihoo 110 acre tract and the called Northwest'corner of said• J. W. Mitchell Survey and also being the Southwest corner of 'called 80 acre 'tract eonvcyed to E. Donihoo by deed cs recorded in Volume 5-49• ct Page 461 of the Deed Records of Collin County, Texas; THENCE North 89' 33' 32- East along the common line of said called 110 acre tract and the 80 acre tract and following the coiled :North line of the J. W. ?.Mitchell Survey for a distance of 1821.84 feet (1815 feet deed) to c 1' iron pipe found for corner, said point being the Northeast corner of sold called 110 acre tract and also being in the West line of a called .113•Road407nited acre Pa act of p land conveyed to.14i!liam E. Campbe,l, Jr. — McCreary by deed es recorded in Volume 8.81 at Pogo 802 of the Deed Records of Collin Count}•, Texas . THENCE South OCT 40' 50- West along the common line of the h called 110 10olacre tract and the called 113.407 acre tract and following thegeneralto the PLACE ld fence line for a distance of 2698.21 .feat (2640 feet'dea) to the Lo E OF 2.6596 BEGINNING and CONTA!N!NC 112.1246 ACRES OF tA'�0• more of McMillan Roodih and ACRES arc located in the undedicated' 20 foot right—of—way the undedicated' 30'foot right—of—way of McCreary Road leaving a net crec of 109.4650 ACRES OF LAND. WYLIE CITY COUNCIL r/t/1 INDIVIDUAL CONSIDERATION October 27, 1998 Item No. G. Issue Consider and Act Upon a Final Plat for the Twin Lakes Phase II addition proposed by Corwin Engineering, Inc., generally located at the northeast corner of South Ballard Street and Alarm Drive and being all of a certain 34.639 acre tract out of the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background The final plat under consideration is the Twin Lakes Phase II addition. The applicant is final platting 34.639 acres in order to develop the property with 110 single family lots. The property is currently vacant, unplatted, and zoned for SF-1, SF-2, and SF-3 (Single Family Residential) uses. Other Considerations Staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for thoroughfare screening and block length. Specifically, Section 5.03 of the Subdivision Regulations states that where subdivisions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his/her sole expense. The plat under consideration incorporates a note indicating that the required screening will be accomplished by the construction of a 6-foot high wooden fence (finished side of the fence will face the thoroughfare) with steel fence posts constructed by the home builder, and maintained by the individual homeowner. When the Planning and Zoning Commission recommended approval of this case, the plat incorporated a wall maintenance easement indicating that the required screening would be a wall. The wooden fence element is new and, therefore, requires Council approval. Staff is recommending approval of the fence subject to the screening note being revised to indicate that the fence will be constructed prior to final acceptance of the subdivision. Section 5.02 D (2) of the Subdivision Regulations states that the block length in residential areas shall not exceed 1,200 feet. The applicant is requesting a variance to this requirement as the length being proposed for Block H is 1,280 feet. The applicant has called out said variance within the note section on sheet 1 (note # 6). Financial Considerations Impact fees for this development amount to $232,320.00 Item for Individual Consideration Final Plat- Twin Lakes Phase II Page 1 Commission Recommendation At the September 21, 1998, Planning and Zoning Commission meeting, the Commission voted by 6- 0 to favorably recommend this case. Staff Recommendation Approved for Construction, subject to the applicant revising the screening note accordingly. Attachments Final Plat Application Final Plat i)14)A-1- et)Okt•f Prepared by Revi d by Financ City Manager Approval Item for Individual Consideration Final Plat- Twin Lakes Phase II Page 2 Aug-10-98 07 : 22A Zena Development 817 421 6910 P . 01 88/07/1998 10:26 2144800399 CORWIN ENGINEERING PACE 02 City of Wylie page 1 of 3 (1/95) APPLICATION AND FINAL PLAT CHECKLIST �� Date ( 1 • Name of Proposed Development 'Twin r.akPs Pha�P t T-A - Name of Property Owner/Developer Twin Lakes , L. P. Address P 0 Box 92a54 , soiitJllake. TX 76092 Phone 81 7/424-1392 Owner of Record Twin Lakes, L. P. Address P 0 Box 92864 , Southiake, TX 7509Phone 817/421-1392 Name of Land Planner Corwin Engineering, Inc. Surveyor/Engineer Address 8131 LBJ Freeway, #333 , Dallas , TX 751ne 972/480-0305 Total Acreage 34 . 639 Current Zo ing SF-2 E. SF-3 Number of Lots/Units 110 /. • Signed The Final Plat snail generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" 100'with a graphic scale provided Six sets of direct prints and three Mytars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shah be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The foLowing Final Plat Checklist i5 used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Post-it'Fax Note 7671 Date y', 024:4./,/0 /,',paug s� From�J �[. -!/ Page 2 of 3 To( i'-) '. co. fa,l • Phone# J Phone# F , /eA -43o - Fax RECD AUG 12 1998