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08-13-1996 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex August 13, 1996 7:00 p.m. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE WORKSESSION Discuss the Brush and Bulk Pick-up ACTION ITEMS 1. Consider and Act Upon Approval of a Contract for Meter Reader Services 2. Second Reading of Ordinance, Receive Public Comment, and Act Upon Amending the Refuse Collection Contract to Add Brush and Bulk Pick-up with Browning Ferris Industries (BFI) 3. Consider and Act Upon Granting a Resolution Authorizing the Wylie Independent School District to Solicit Sealed Bids to Sell the Property Identified as Lot 2, Block B of the Creek Bend Industrial Park (Cordova Marble Company) 4. Consider and Act Upon Granting a Contract to Dale Wigington for the Operation of the Batting Cages at Community Park 5. Consider and Act Upon Awarding a Contract for the Reconstruction of Approximately 1,100 Linear Feet of Alleys in the Butler and Dogwood Streets Area 6. Consider and Act Upon Approving a Ordinance to Change the Zoning from Retail "R" to Business-1 "B-1"on 103 S. Second Street, Block 21, Lots 13, 14, 15 and 16, Railroad Addition, Owner: Doug and Guy Poole 7. Consider and Act Upon Approval of a Final Plat for the Heath Addition Submitted by Robert Heath, Located South of Hwy. 78 and East of Eubanks Lane 8. Consider and Act Upon Approval of a Resolution Accepting the Proposed Tax Rate for the 1996-97 Fiscal Year and Scheduling a Public Hearing STAFF REPORTS CITIZEN PARTICIPATION ADJOURNMENT Posted on this the 9th day of August, at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD 442-8170 Wylie City Council #1 Aggnda Communication for august 13, 1996 Approval of Contract for Meter Reader Services Issue Discuss and consider awarding a contract for the privatization of meter reading services. Background On June 11 the City Council, in regular session, authorized staff to solicit proposals to provide contract meter reading services for the Utility Billing Department. The private sector contractors who currently provide meter reading services to Texas cities are Bermex Contract Services and Total Customer Solutions (a Texas Utilities company). An R.F.P. was issued to both contractors and TCS has responded with a proposal for a three year contract in accordance with the City's specifications. Bermex declined to bid, stating that they could not be cost effective due to the size of the operation and geographical location. At present, the City employs one part-time meter reader(a position currently filled by a Manpower temporary) and a full-time Meter Service Tech who spends about twenty per cent of his work day reading meters. TCS proposes to assume responsibility for all meter reading services and to provide experienced uniformed meter readers equipped with marked service trucks and all materials necessary to perform the work. Compensation paid to TCS for this contractual service would be calculated at a flat rate of$.53 per meter read. Based on the current number of water meters in use, the annual cost of the service would be approximately $22,500.00. The staff of both the Finance and Utility Billing departments believe there are definite benefits to be derived from the privatization of meter reading functions. This contractual arrangement promises a number of opportunities to achieve greater efficiencies of operation, not only in Utility Billing but in other areas as well. In presenting the argument in favor of privatized meter reading, staff offers the following observations in support of the recommendation. Guaranteed Accuracy. TCS guarantees no skips and an error rate not to exceed two errors per one thousand readings. The contract includes monetary penalties for any deviation from this standard. Our Utility Billing Department could not possibly guarantee that level of accuracy employing our own meter readers. The City benefits from improved customer relations, reduced water/revenue loss and elimination of manhours spent in resolving misreads. Consistent, Uninterrupted Service. In the past, employee turnover and absenteeism have created disruptions in reading and billing cycles and necessitated deployment of Public Works personnel or U.B. clerical workers to read meters. Even routine vacation scheduling can be a problem. By eliminating these personnel issues, the TCS contract would assure uninterrupted meter reading service and consistent reading/billing cycles with no adverse impact on other City functions. Contractor's Technical Expertise/Support. The City's utility billing software program is designed to allow the automated downloading/uploading of recorded meter data from the hand-held electronic meter reading devices to the U.B. computer system. Utility Billing has experienced difficulties with the downloading feature over the past several months, necessitating the manual entry of meter data. TCS is capable of downloading the hand-held data to our system or electronically transferring the data from their offices. This technical support will preserve the integrity of the readings, thereby assuring accuracy, and will eliminate additional manhours spent in manual data entry. Utilization Of Meter Services Worker. Relieving the Meter Services Tech from meter reading duties will enhance the employee's productivity in a number of ways. Not only can more emphasis be placed on the meter replacement program, it may be possible to implement a program for in-house meter testing and rebuilding. This worker's assistance would also be invaluable in other areas such as facilities maintenance. With no custodian on staff, furniture moves, meeting/luncheon set-ups and minor building repairs must be accomplished by pulling Parks or Public Works personnel away from their assigned tasks or employing contract labor. Having the Meter Tech available for this kind of work would reduce our repair expenses and the disruption of other departmental functions. It has also been proposed that we train and utilize this person as back up support for the Animal Control Officer who frequently requires assistance with larger and more elusive strays. The one-person Animal Control operation would also benefit from having an employee to fill in during the Officer's absence for vacation or illness. Assistance in these latter two areas would be most advantageous for the City. Financial Considerations The expenditure for the proposed meter reading services, which staff feels is amply justified by the benefits enumerated above, would be offset in various ways. Due to growth in the number of water customers and the addition of Southfork Mobile Home Park to the City's reading cycles, the Utility Billing Department has proposed hiring a full-time meter reader in lieu of the part-time employee. The personnel costs for this full-time position, for which there appears to be strong justification, would be roughly equivalent to TCS' fees for meter reading services. Even the elimination of the part-time meter reading position would save the City approximately $8,500.00 in personnel costs and an estimated $700.00 in fuel usage and vehicle maintenance. The meter reader's compact truck could be reassigned and would make an ideal pool vehicle for use by individual employees for business related transportation. Real, though less quantifiable, savings would be achieved by the aforementioned reduction in misreads and water loss and more cost effective utilization of employee manhours. Pam Gidney has identified available funds in the current Utility Billing budget which will be adequate to cover this expense for the remainder of fiscal '96. Her analysis of costs and funding requirements is attached. The following table illustrates the comparative cost of a part- time meter reader, full- time meter reader and the contract meter reading service. Estimated Annual Costs Part-time Meter Full-time Meter Meter Reader Reader Reading Service Salary $7,284 $15,600 n/a Benefits 1,273 7,692 n/a Meter Reading Services for 3,550 Meters n/a n/a 22,578 Sub-total (Reading Expenses) 8,557 23,292 22,578 Estimated Fuel Expense 478 759 n/a Estimated Uniform Expense 260 260 n/a Sub-total (Other Expenses) 738 1,019 0 Estimated Total Costs 9,295 24,311 22,578 Legal Considerations The formalities of legal advertising and all other requirements of the competitive bidding statutes have been observed in this solicitation, and the award of this contract is consistent with the legal constraints of Chapter 252.021 of the Local Government Code. Board/Commission Recommendation N/A Staff Recommendation Staff recommends that Council award a three year contract for meter reading services to Total Customer Solutions, with an option to renew for successive one year periods. Attachments Proposal from TSC, Declination from Bermex, Cost and Funding Analyses lAbt-COini?) 'Th"*&L CO/f1,4/)A&- Prepared By Finance Debt. Ap r val City Manager Approval T� �^}j4 � Y+ate. uY;- I i. ° T� t I f. .far= �a4`e - + os ,onaer ° r - oIu 'onl$u. .ram -ett- r June27, 1996 •MBASIC$ESQDR ,-YV e t Y E VS.yliUr (o Esc 5 5 .J. + 4 ` - Mr.Jim Holcomb Yohn'ts . ti,_ City of Wylie 1114 t . 2000 Hwy 78 No. ft.l ,:$4i� Wylie,Texas 75098 t ��.� Dear Mr. Holcomb: _ .,.• ` ' :-.�.},' -z> ., Total Customer SolutionssM (TCS), a Texas Utilities Company, is pleased to r��; ; submit the enclosed proposal in response to the City of Wylie's request for ,, a Proposal for Contract Meter Reading Services. Recognized for quality performance in the area of meter reading, Texas Utilities is dedicated to .----4,T.:!-...1 providing our clients with innovative solutions to better address their meter `. reading needs. - As a long-term provider of meter reading to over 2.3 million customers, Texas Utilities has developed a comprehensive understanding of the issues facing companies and municipalities requiring meter reading services. We are committed to maintaining customer goodwill and a positive public image, making us ideally suited to serve as your partner in effecting a a successful contract meter reading operation. Texas Utilities is confident that our proven experience, technical expertise and competitive rate structure provide the City of Wylie with a superior offer. Should you have any questions or need additional information, please call me at 214-791-6637. Sincerely I ve om Manager, Meter Reading PROPOSAL TO THE CITY OF WYLIE CONTRACT METER READING SERVICES TOTAL CUSTOMER SOLUTIONSSM FROM BASIC RESOURCES, INC A TEXAS UTILITIES COMPANY CONFIDENTIAL <a�3S."'.a�'f+.lrf i:D:.�11'.:i.z..rr...b_ r_':}:;,`�...._:a:u'....,...c a::`.a.+h�'3.iS.✓•,.'�_1-..+-:r.,-:.-3.LE-„�.'.:^<.;. _�._ v.� TABLE OF CONTENTS • I. Company Background II. Management Team Ill. Scope of Proposal IV. Contractor Responsibilities V. Compensation Schedule 2 EXECUTIVE SUMMARY Total Customer Solutions'', a service from Basic Resources, Inc., a Texas Utilities company, is pleased to submit the following proposal to the city of Wylie for contracting meter reading services.' Founded in 1995, Total Customer Solutions'' is tied to the quality service set forth by Texas Utilities. This heritage includes the provision of meter reading services to more than 2.3 million utility customers-in North, West and Central Texas, giving Total Customer Solutions'' an extraordinary base of experience that it will bring to the city of Wylie. Total Customer Solutions'' is committed to establishing with the city of Wylie a partnership that will foster customer goodwill and a positive public image, while providing efficient and effective meter reading services. Total Customer Solutions'' is confident that its proven heritage, competitive rates and quality training and customer relations expertise are the basis for an excellent proposal to the city of Wylie. 1 I I I I 3 MANAGEMENT TEAM Deryl Brown General Manager Mr. Brown brings to Total CustomerSolutionssM more than twenty years experience. He is uniquely successful implementing sweeping business process changes across diverse customer and client groups. He has been recognized for transitioning more than 100 local offices from in-person payments to a Customer Convenience Center Network. This network has increased the number of locations and the hours of operation available to customers, while achieving a greater than 80 percent cost savings. He directed the design, market testing and implementation of a bill form that has been recognized for excellence in customer communications. Primary among his accomplishments is his innovative approach to the management of past-due debt. Mr. Brown is an honors graduate of the University of Texas with a degree in Electrical Engineering and received an M.B.A. in Economics/Finance from North Texas State University. Tom Ives Manager - Meter Reading Mr. Ives has been active in the electric service industry for more than twenty years, holding numerous supervisory and managerial positions in operations, sales, lighting and industrial process functions. Chief among his numerous accomplishments are the successful rerouting of 2.3 million meters, the design and implementation of a notification process that reduced the necessity for disconnection by 50 percent, the continuous reduction of cost and technology improvements. With a history of high accuracy and a reputation for excellence in customer service, he has established himself as a leader in the meter reading industry. Currently, he is spearheading a process to develop new software that will greatly improve a supervisor's ability to audit readings in real time and replace obsolete mini- computers with new PC-based technology. Mr. Ives is a graduate of Sam Houston State University with a B.B.A. degree. James Walthall Meter Reading Supervisor Mr. Walthall has held numerous supervisory positions during a 30 year career. Having begun as a meter reader, he is dedicated to improving meter reading service and productivity. His focus on safety, accuracy and quality customer relations is unparalleled. He has played an important role in the development and implementation of a revenue recovery enhancement program that serves as a standard. It has been successful in significantly reducing costs and increasing the revenue recovered. Mr. Walthall attended the University of Texas at Arlington. 4 SCOPE OF PROPOSAL Term of Proposal This proposal is based on a contract term of three (3) years, pending approval by the City Council. Work to Be Performed Total Customer Solutions' will provide the necessary vehicles and employees to read the city of Wylie's water meters within the city's required period. We will read all routes according to the required schedule, and all work will be completed and returned to the city on the scheduled day unless otherwise approved by the city's designated representative. Meter Reading Devices The work will be performed using the city of Wylie's hand held meter reading devices. Meter reading devices will either be: (1) picked up by Total Customer Solutions' at the city offices and returned to the city offices for downloading of meter reading data after completion of the scheduled routes; or (2) kept at the offices of Total Customer Solutions" with data electronically transferred to the city's billing system. Work Hours Total Customer Solutions" will acknowledge the city of Wylie's business hours Monday through Friday. Similarly, we acknowledge the city holidays. When a holiday is on Monday or Friday, necessary adjustments will be made to complete readings according to the schedule as mutually agreed with the city of Wylie. Quality of Work Total Customer Solutions" will provide meter reading services to the city of Wylie with a high degree of accuracy. We will deliver meter readings with zero (0) skips per month and an error rate of no more than two (2) errors per one thousand readings. We propose a three-month grace period beginning on the first day of the contract term, during which Total Customer Solutions"' will not be subject to penalty fees. However, full service will be provided during this time. 5 • We will complete all cycles no later than the close of business on the last day of the reading period. Route Adjustment • After thorough review, we propose that the city of Wylie allow for possible adjustments in the walk sequence, routes and cycles if necessary to facilitate reading. • 6 CONTRACTOR'S RESPONSIBILITIES Training To ensure familiarity with the city routes and reading procedures, Total Customer Solutions' proposes the route reader accompany a city employee on each of the routes during the month prior to beginning the contract term. Among other things, this will minimize the number of"skips" due to difficulties in locating meters. Supervision Active supervision of all personnel will be provided. This includes the resolution of any customer complaint within two (2) business days of receiving the complaint. Employee Identification & Safety Route readers will be provided uniforms and identification badges, and we will require that they are worn during all reading activities [see Appendix for photo of uniforms]. We will ensure that route reading personnel maintain a professional appearance. In the unfortunate instance of employee termination, the employee's badge and uniform will be returned immediately. Employees will comply with all safety regulations of Total Customer Solutions' and the city of Wylie. All route readers will attend weekly safety briefings, as well as more in-depth monthly safety meetings. Driver's License Proof of route readers' valid drivers' licenses will be available to the city every six months. Substance Abuse Employment policy includes strict rules prohibiting the possession and/or consumption of alcohol, controlled substances and any dangerous drugs. No alcohol, controlled substances, or dangerous drugs are permitted in vehicles at any time. Customer Relations Employees will conduct themselves in a courteous and professional manner at all times. 1 The supervisor will make periodic field observations of employees to reinforce the importance of customer relations. 1 7 Transportation Total Customer Solutions" will furnish and be responsible for necessary transportation to complete the work. White vehicles [as represented by the photos in the Appendix] will be provided and will remain clean and professionally maintained at all times. Appropriate signage will be added to all vehicles, including Total Customer Solutions' identification and the words "Meter Reader" on the rear of the vehicles. Materials and Supplies All necessary materials for meter reading will be provided. Payment Term We propose monthly payments following completion of the work. At the time of billing, Total Customer Solutions" will send an invoice showing the number of meters correctly read, the number 'of skips and the total amount due. The city will send to Total Customer Solutions'a check for the full amount owed within fifteen (15) days. Any disputes in the total amount due will be directed to the city's designated representative. Taxes As an independent contractor, it is understood that no federal, state or local income tax or payroll tax of any kind will be withheld or paid by the city of Wylie on behalf of Total Customer Solutions' or its employees. Independent Contractor Total Customer Solutions" will act as an independent contractor, separate from the city of Wylie. As such, Total Customer SolutionssM employees are not officers, agents, servants or employees of the city. We will control the details of all work performed under this agreement. Equal Employment Opportunity Total Customer Solutions' from Basic Resources, Inc. and Texas Utilities are equal opportunity employers and do not discriminate against any employee or applicant due to race, age, color, sex, ancestry, national origin or place of birth. 8 CITY OF WYLIE PROPOSAL FOR METER READING SERVICES COMPENSATION SCHEDULE PRICE PER METER PER MONTH $.53 PENALTY FEES PER ERROR PER MONTH* $2.00 *Penalty Fee will be applicable on each error over 2 per 1000 readings Name and Title Tom Ives Manager - Meter Reading Company Name Total Customer SolutionssM from Basic Resources, Inc. a Texas Utilities Company Street or PO Box Energy Plaza 1601 Bryan Street City, State, Zip Dallas, Texas 75201 Telephone Number (214) 791-6637 (214) 791-6809 Fax Date June 26, 1996 9 City of Wylie,Texas Meter Reading Services Recommendation Funding Alternatives for the Remainder of FY1996 July 2, 1996 Amount needed for Contract Meter Reading Service($6,366 rounded) $6,370 Amount that would have been paid to Part-time Employee has been spent to retain a Part-time Worker from Manpower. Funding could be obtained from: Payroll The Temporary Service expense is paid by savings in Payroll 2,500 Overtime(could cut by doing timed back-up on CPS System) • Total Remaining-Acct 51130-$4,200 3,000 Computer Hardware& Software Total Remaining- Acct 54810- $2,480 870 FUNDING SOURCES $6,370 C:\96-PAMWGENDASWG960709\UBMTRSVC.W K4 City of Wylie,Texas Meter Reading Services Recommendation Calculation of Costs Comparing City Employee vs Contracting Services July 2, 1996 Estimated Annual Costs Part-Time Full-Time Meter Reading Meter Reader Meter Reader Service Salary 7,284 15,600 n/a Benefits 1,273 7,692 n/a Meter Reading Services for 3,550 meters n/a n/a 22,578 8,557 23,292 22,578 • Estimated Fuel Expense 478 759 n/a Estimated Uniform Expense 260 260 n/a 738 1,019 0 Estimated Total Costs 9,295 24,311 22,578 Estimated Costs for Current Year Fiscal Year 1995/96 Regular Temporary Meter Reading Part-Time Service Service Salary(18 weeks) 2,520 5,004 n/a Benefits 450 n/a n/a Temp. Service'til Aug. 1 n/a n/a 2,502 Other n/a n/a 3,763 * 2,970 5,004 6,265 st. Fuel Exp (18 weeks, 11 with contract) 166 166 101 Est. Uniform(18 weeks) 90 n/a n/a 256 166 101 Estimated Total Costs 3,226 5,170 6,366 * If contract work starts August 1, 1996. Assumptions Salary --Full-time $7.50 per hour Salary --Part-time $7.00 per hour Temporary Service $13.90 per hour Uniforms $5.00 per week Fuel: S-10 (David) $14.60 per week Ranger(P/T) $9.20 per week Current Customer Base 3,550 C\96-PAM\ACWFNfA%NM:94417CM SVC IVYd �r-- , B ERfY1BX CONTRACT SERVICES June 25, 1996 Mr. Jim Holcomb Purchasing Department Wylie Municipal Complex 2000 Highway 78 North Wylie, TX 75098 Dear Mr. Holcomb: Bermex, In.c. respectfully submits a "No Bid" to the city's RFP for Contract Meter Reading. Because of the size of your operation and its geographical location, we do not believe we could cost effectively service your account. Sincerely, George D. Funds President GDF/sjh cc: B. LaPierre Wyli Q City Council agenda Communication for august 13. 1996 Second Reading'of Ordinance'RmQnding the Refuse Collection Contract Issue Discuss and consider amending the City's solid waste collection contract with Browning-Ferris Industries to provide for regularly scheduled brush and bulky waste collection for all residential customers. Background Under the terms of the City's current contract for solid waste collection, residents with accumulations of brush or bulky waste items which cannot be disposed of through the normal means of automated refuse collection must make arrangements with B.F.I. for a special bulky waste pick up. The charge to the resident for this special collection service is $1.50 per minute, with a minimum service charge of $15.00. Some citizens are dissatisfied with this provision of the contract and would prefer that the collection of brush and bulky waste be covered by the regular refuse collection fee which is billed on their monthly utility statement from the City. There is also popular support for regularly scheduled collection days for brush and bulky waste. This additional service would necessitate an increase in cost to the resident. In an effort to achieve an enhanced level of service at the least possible cost for the citizens of Wylie, negotiations were initiated with B.F.I. to determine the most cost effective method for the collection of bulky waste. B.F.I. has responded with a proposal (see attachment) for brush and bulky waste collection on all residential routes to be scheduled either three times or four times annually. The monthly charge to the resident for these levels of service would be $.50 or $.65, respectively. This charge would not apply to residents of Southfork Mobile Home Park where the park management provides bulky waste collection and charges the resident $10.00 to $15.00 for the service. Assuming a regularly scheduled collection frequency of three times a year, the monthly residential rate for refuse collection would be adjusted from the current level of$8.94 to $9.44 per month. A volume limit of ten bundles or items per customer would apply for each regularly scheduled bulk collection. This service would be in addition to the bulky waste collection performed during Wylie's annual Clean-Up/Green-up campaign which is negotiated as a separate City funded service. In addressing an issue unrelated to bulky waste collection, B.F.I. also offered to provide recycling bin lids to all residents at a cost of$.40 per month. This added proposal was in response to several complaints that were voiced regarding recyclable materials blowing out of the recycling bins and littering residential streets. Staff perceives no advantage in this latter proposal, since residents can purchase the lids at City Hall for $4.75 (B.F.I.'s cost plus shipping). Financial Consideration The proposed bulky waste collection fee, and the resulting increase in residential collection rates, would require an adjustment to the operating expenditure account for solid waste collection and a corresponding adjustment to the revenue account budget for waste collection fees. Since the cost of the enhanced level of service is passed on to the residential customer, there is no additional expense to the City. With the addition of three scheduled bulk collections at a cost of $.50 per month, the resident benefits financially from the proposed new service fee as compared to the current rates for bulky waste collection. At a cost of $6.00 per year, the citizen is able to avail himself of three special pick-ups, the cost of which would be at least $45.00 under the current rate structure. LEGAL CONSIDERATIONS The City's contract for solid waste collection was awarded in accordance with Chapter 252.021 of the Local Government Code and the rates for collection were established by City Ordinance Number 95-25. Acceptance of B.F.I.'s proposal for brush and bulky waste collection will require an amendment to the contract and Council approval of an ordinance amending Section 9.04 of the rate setting ordinance. BOARD/COMMITTEE RECOMMENDATION N/A STAFF RECOMMENDATION Staff recommends that Council amend the solid waste collection contract with Browning-Ferris Industries to provide for three regularly scheduled collections of brush and bulky waste items annually and that Council authorize staff to draft an ordinance amending the rate schedule to reflect the $.50 per month additional fee for the three per annum bulky collection service. ATTACHMENTS B.F.I. Proposal of Service Options. Prepared By Finance Dept.Appr al City Manager Approval 07/02/96 13:09 V2142256582 BFI MKTG. 619 "WYLIE Z 001/001 0 BF! July 2, 1996 Mr. Mike Collins City Manager City of Wylie .P.O. Box 428 • Wylie, TX 75098 Dear Mike: The followiii g represents BFI's proposal for collection of brush and bulky items three times per - year and four times per year. Additionally, we have provided an amount to be added to the current rate should you wish to distribute recycling bin lids to every household, as requested. CITY OF VVYL_IE SERVICE OPTIONS Service Description BFI Monthly Rate Brush & Bulky Items $.50 3 x Year —� Brush & Bulky Items $.65 4 xYear 4Recycling Bin Lids to $.40 Every Household Brush&Bulky Rates assume cut and bundled brush with maximum 10 bundles or items per pickup. No household trash, i.e.wet garbage, may be included with brush&bulky pickups. Rates are net to BFI. if you have any questions, please don't hesitate to give me a call. Respe y yo r • Ranch Colleen Smith Municipal Marketing Manager DFW-Metro District#619.450 E.Cleveland Road-Hutchins.Texas 75141 Phone 214 225-8151 •Fax 2 14-225-742_4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS ESTABLISHING FEES FOR THE RESIDENTIAL COLLECTION OF BRUSH AND BULKY WASTE MATERIALS; AMENDING SECTION 9 OF APPENDIX A TO THE WYLIE CITY CHARTER; AMENDING A PORTION OF ORDINANCE 95-25 AND FURTHER REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has renegotiated its contract for waste collection with Browning-Ferris Industries (BFI); and, WHEREAS, the amended contract with BFI provides for changes in the rates charged for certain services; and, WHEREAS, the City Council has determined that the rates charged for residential refuse collection should be adjusted to reflect the amended service charges; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 9 of Appendix A to the Wylie City Code be, and it hereby is, amended as follows: Section 9.04 is amended to read: Residential collection of brush and bulky items will be made available to residents three times annually at the rate of$.50 per month. SECTION II Should any paragraph, sentence, sub-division, clause, phrase or section of the ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal or unconstitutional. SECTION III This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION IV That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION V The repeal of any ordinance, or parts thereof, by the enactment of this ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1996. By James D. Swartz, Mayor Attest Susan Shuler, City Secretary Wylie a City Council #3 Agenda Communication for august 13, 1996 Resolution Authorizing WISD to Sell Land formerly Owned by Cordova Marble Issue Consider and act upon granting a resolution authorizing the Wylie Independent School District to solicit sealed bids to sell the property identified as Lot 2, Block B of the Creek Bend Industrial Park (formerly owned by Cordova Marble Company). Background Property formerly owned by Cordova Marble Company, legally described as Lot 2 Block B Creek Bend Industrial Park, tax roll account number 1675-002-0020-1 is currently being held in trust by the Wylie Independent School District, Trustee (WISD)for itself, the City of Wylie, Collin County/Collin County CCD, and Collin County Education District. The WISD seeks consent to sell for less than the Judgement amount of$53,765.49 if necessary. The market value is deemed to be $18,900. The land in question is located at 1703 Martinez. There are no buildings left standing on the property. The foundation of what was once Cordova Marble Company is all that remains. Financial Considerations The property is currently held by the WISD and, as such, is not generating any tax revenue. The sale of this property will generate $6,993 in delinquent taxes to the City if sold at the market value of $18,900. Sale of the property will also reinstate this as a taxable property on the tax roll. Legal Considerations The WISD is required by the Property Tax Code to acquire the consent of all taxing jurisdictions prior to selling the property below the judgement amount. A resolution has been forwarded to the City for the Council to approve. The City's tax attorney, Bruce Stockard of Nichols, Jackson, Dillard, Hager & Smith, L.L.P., has reviewed the language of the resolution and has found it to be "sufficient from a legal standpoint." Staff Recommendations The staff recommends that Council approve the sale of property located at 1703 Martinez, specifically Lot 2, Block B, formerly owned by Cordova Marble Company. This property may be sold below the judgement value in order to reinstate it as a taxable property and to recover the City's share of the sale price. Attachments Resolution Authorizing Sale of Land Ady • fl(I-4/11VZ- ( LQA Prepared by Finance Dir. Ap val City Mgr. Approval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE WYLIE INDEPENDENT SCHOOL DISTRICT TO SOLICIT FROM THE PUBLIC SEALED BIDS ON LOT 2, BLOCK B OF THE CREEK BEND INDUSTRIAL PARK, COLLIN COUNTY, TEXAS WHEREAS, Cause No. 366-1377-93 was filed in the District Court of Collin County, Texas to collect delinquent taxes on the following described property, and; WHEREAS, the District Court of Collin, Texas granted Judgement on October 5, 1994, in favor of the taxing jurisdictions of Collin County as follows: Lot 2, Block B of the Creek Bend Industrial Park, City of Wylie, Collin County, Texas being that property more particularly described in Volume 2388, Page 523 of the Deed Records, Collin County, Texas Wylie Independent School District $17,198.63 Collin County Education District $ 8,000.23 City of Wylie $19,937.76 Collin County/Collin County CCD $ 8,628.87 Total Due $53,765.49 Market Value $18,900.00; WHEREAS, said parcel of land was offered for sale by the Sheriff of Collin County at public auction pursuant to judgment of the District Court of Collin County, Texas, for foreclosure of the tax liens securing payment of delinquent property taxes and accrued penalty and interest; ant WHEREAS, said parcel of land did not receive a sufficient bid as set by law and was struck off to the Wylie Independent School District, Trustee, in trust for itself, the City of Wylie, Collin County/Collin County CCD and Collin County Education District pursuant to Section 34.01 (c) Property Tax Code; and WHEREAS,the taxing units involved desire to resell said parcel of land in an expeditious manner pursuant to Section 34.05 Property Tax Code. THEREFORE, BE IT RESOLVED that the City Council for the City of Wylie does hereby authorize the Trustee to solicit from the public sealed bids on any or all of the said parcel of land and we do hereby consent to the sale of said parcel of land to the highest bidder even if the bid tendered is less than the market value of the land specified in the judgment of foreclosure or the total amount of the judgment against the property. We authorize the presiding officer of this body to execute any deeds necessary to convey the parcel of land upon sale. This resolution is adopted on this the 13th August, 1996 by the City Council for the City of Wylie. JIM SWARTZ, MAYOR SUSAN SHULER, CITY SECRETARY W le City Council #4 Agenda Communication for August 13, 1996 ................ ..........i Contract for the Operation of the Batting Cages at Community Park Issue Discuss and consider a Lease Agreement for the operation of the Batting Cages in Community Park. Background During the May 1996 Park Board meeting, the Board voted to recommend to the City Council to terminate the current Lease Agreement with Steve Packer for the operation of the batting cages in Community Park. The cages had not been in operation consistently since Spring, 1995 and were beginning to fall into disrepair. The City Council considered this item during their June 11, 1996 meeting and voted to begin the termination process. Since that time, staff has been in discussion with Mr. Dale Wigington, who wishes to enter into a new Lease Agreement with the City in order to operate the batting cages. Mr. Wigington submitted specific amendments for the Park Board's consideration. The proposed agreement is attached with the requested changes indicated either by bold print for additions, and strike-out print for deletions. The proposed changes include: Adding the option for the construction of a commercial pitching cage; #3 SUITABILITY OF PROPERTY. Reflecting that there are improvements on the property; # 5 RENTAL PAYMENTS. Amending the percentage required for the rental payments from a sliding scale based on revenues to an across-the-board percentage and establishing a minimum monthly rental. #6 OPERATION OF FACILITY. a) Adding the provision that the sale of food, drinks and snack items may be conducted. b) Adding a statement that the City will provide notice of any special events scheduled in the park to allow the Tenant to schedule hours of operation to coincide with the event. e) Identifying initial prices for goods and services and establishing a cap on the amount that those prices can increase. #11 TERMINATION. Establishing that termination may only be for "good cause" for the term of the agreement. The previous Lease Agreement required the "good cause" for only the first 18 months of the agreement. #12 RENEWAL. Establishing a right to renew for an additional 3 (three) year term. The previous lease agreement was for a 5 (five) year term. #13 ASSIGNMENT. Adding a statement which indicates that the City will not unreasonably withhold consent for the transfer of the Lease to another individual. Financial Considerations Staff reviewed the reported revenues from the Batting Cage operation. The highest monthly total reported was $2,992.00 for the month of June, 1993. By the conditions of the proposed lease, the City would receive 12% of that amount, or $359.04. As proposed, the rental payment to the City is the greater of $240.00 or 12% of the gross receipts for each calendar month. Legal Considerations Mr. Wigington's original proposal included two items that were of concern to the City Attorney. The first was a request that for the entire length of the Agreement (originally proposed as 5 years), termination could be initiated for "good cause" only. The Attorney was not in favor of that provision because it would place the current City Council in the situation of obligating future Councils, which they cannot do. It was suggested that length of time for the "good cause" be extended from the 18 months in the original Lease, to the proposed three (3) years in the Lease currently being considered. The second request concerned the assignment of the lease. Mr. Wigington originally requested that the Lease reassignment restrictions be removed. The City Attorney was not in agreement with that request and suggested that a statement be added indicating that the City will not unreasonably withhold its approval. The Lease Agreement provided to the Park Board reflects the amendments preferred by the City Attorney. Board/Commission Recommendation The Parks and Recreation Advisory Board considered this Lease Agreement during their July 22 meeting and recommend approval to the Council of the Lease Agreement as amended. Staff Recommendation N/A Attachment Proposed Lease Agreement .")(Y):(Ags- ezdt;IA, Prepared y Reviewed by Fina e City Manager Approval LEASE AGREEMENT AGREEMENT, made and entered into this 13th day of August, 1996, by and between the City of Wylie, Texas, herein referred to as "City or Lessor" and Dale and Teresa Wigington, herein referred to as "Wigington or Tenant". WITNESSETH: WHEREAS, City, as part of its municipal function and park system, maintains an area known as Community Park (Park), on Thomas Drive, in the City of Wylie, which contains various baseball/softball fields, soccer field, play grounds, and other recreational facilities open to the public; and, WHEREAS, Tenant intends to operate a commercial batting cage and construct a commercial pitching cage facility (Facility) in the City of Wylie and desires to locate the same within the Park because of the proximity to said ball fields and other recreational facilities; and, WHEREAS, the City Council has determined that it would be to the advantage of the City and its citizens to lease a portion of the Park to Tenant for the limited purpose of construction, maintenance and operation of the Facility; NOW, THEREFORE in consideration of the above stated premises and the promises and conditions hereinafter set forth the parties do hereby as follows: 1. DEMISE AND USE OF PREMISES. The City hereby leases to Tenant the tract of real estate located in the Park, in the City of Wylie, Texas, more specifically described on Exhibit A which attached hereto and incorporated herein by reference, for the sole and exclusive purpose of construction, operation and maintenance of a batting cage and pitching cage facility. 2. TERM. The term of this lease shall commence on the execution hereof and remain in continuous effect thereafter, unless sooner terminated as herein provided, to the 13th day of August, 1999. 3. SUITABILITY OF PROPERTY. Parties acknowledge that there are currently improvements on the leased property and Tenant shall bear all responsibility, risk and cost of construction and maintenance of all improvements deemed necessary and City makes no representations as to the suitability or condition of the property for its intended use. 1 4. CONSTRUCTION OF IMPROVEMENTS. The construction of the improvements on the property shall be done in accordance with and subject to the following terms and conditions: a) The plans for the improvements shall be submitted to the City's Parks and Recreation Superintendent, and approved by the Parks and Recreation Advisory Board prior to commencement of actual construction. b) All construction shall be in full compliance with all City codes and regulations pertaining to construction and improvements, including without limitation, permitting and approval from the Building Inspector. c) During construction Tenant shall take such precautions as may be reasonably necessary to insure the construction area creates no danger to users of the Park. d) The construction shall be commenced as soon as possible and diligently pursued to completion within 90 days from the date of approval. e) All construction shall be performed in a good and workmanlike manner. f) The facility must be equipped with sufficient lighting for safe night-time operation. Lighting must be directed so as not to be a nuisance to surrounding residences. 5. RENTAL PAYMENTS. a) Tenant promises and agrees to pay to City, as rental for the premises, an amount derived from the gross receipts produced by the facility each calendar month, which shall be paid to City on or before the 15th day of the month following the month in which the receipts are generated, payable at the Wylie Municipal Complex, 2000 N. Hwy 78, Wylie, Texas, 75098. The rental for the premises shall be the greater of $240 or 12% of the gross receipts for each calendar month. For the purposes of this lease the term gross receipts means the monies received and generated by and from the use and operation of the facility, including the sale of drinks and snacks, without any offset or reduction whatsoever. b) Tenant shall submit to City, at the time of each monthly rental payment, a written statement in a format to be provided by the City, of gross receipts for the month for which the rent is being paid, which shall be certified as thus, accurate and complete by Tenant personally. c) Tenant shall keep and maintain accurate books and records in accordance with accepted accounting practices on all gross receipts under this Lease and retain such books and records for a period of not less than three years after the close of the calendar year to which they pertain. Such records shall be available for inspection, within forty-eight hours from request of City and copies or audits thereof may be made at the expense of the City. 6. OPERATION OF FACILITY. a) Tenant shall not use, or permit the use of, the facility for anything other than the above stated purpose, provided however, such purpose shall include the right to engage in retail sales of items related to the stated purpose (e.g. 2 baseballs, softballs, caps, batting gloves, etc.). The sale of food, snack and drink items may be conducted during the hours of operation of the facility and in accordance with the appropriate Health Codes. b) Tenant shall provide the necessary management and labor, and continuously maintain the premises, including all operating equipment, grounds, custodial services and any and all other related services necessary to maintain the premises in good, safe, and sanitary condition and repair during the term of this contract. Conditions creating safety hazards shall be immediately secured by barricades and/or other safety devices and repaired within 48 hours. All maintenance shall be at the sole expense of Tenant and will be subject to inspection by the City to insure a continuing quality of maintenance and appearance commensurate with that of Park and the health and safety standards established by City. In the event that said premises shall not be so kept, City may enter said premises and remedy said condition and in such event Tenant shall repay City for all reasonable costs incurred in achieving such remedy. c) Tenant shall provide suitable and necessary personnel for the proper operation of the facility and shall maintain the following minimum hours of operation during the period of March 1 through October 31: Monday through Friday 5:00 pm to 8:00 pm Saturday 10:00 am to 6:00 pm Sunday 1:00 pm to 6:00 pm The hours may be changed commensurate with seasonal demand. The current hours of operation shall be posted in a location on the premises which is clearly accessible and visible to the general public. Provided however, the facility need not be operated in the event weather or rain makes operation impractical or inclement weather has made operation unsound or caused damage to the facility. The City shall provide Tenant sufficient notice of any special events scheduled at the Park, i.e., weekend or night tournaments, to allow Tenant to schedule hours of operation and personnel to coincide with the event. d) Not less than five pitching machines shall be operational and available for use during the hours of operation, except for temporary circumstances, not to exceed 72 hours, when a machine is being repaired. e) The prices of all goods and services offered by Tenant shall be subject to approval of the Superintendent. The following initial rates are hereby set and cannot increase more than 25% in any calendar year. Should the cost of operation increase substantially, Tenant has the right to appear before the Parks and Recreation Advisory Board and the City Council to request permission for a price increase. All such rates to be posted at a conspicuous and accessible place on the premises. 3 7. LIABILITY AND INSURANCE. a)Tenant agrees to fully indemnify and hold City harmless against all claims, losses, expenses, liens or costs, specifically including without limitation damages for personal injury, death, property damages and attorney's fees, that may be made against the City by reason of the development, operation, use, occupancy or condition of the facility. Said duty shall apply regardless of whether such claim may be covered, partially covered, or not covered by the liability insurance as herein required. The duty to indemnify shall apply in all instances including negligence or willful act or Tenant either solely or in conjunction with others, including City, but not when the claim is based upon the sole negligence or willful act of City. b) In partial fulfillment, but not in liquidation of, the requirement of the preceding paragraph Tenant shall maintain and bear cost of continuous liability coverage under a comprehensive general liability insurance policy, which shall insure against bodily injury (including death), and property damage. Such coverage shall meet the following minimum requirements: i) be with a company or companies qualified to do business and write insurance in the State of Texas; and ii) name the City as an additional insured; and iii) provide for coverage of$1,000,000.00 for bodily injury, including death and $50,000.00 for property damages, per occurrence; and iv) bear an endorsement providing at least 30 days written notice be given to City prior to cancellation; and 8. IMPROVEMENTS AND PERSONAL PROPERTY. All of the improvements made remain the property of the Lessee during the term of this Lease and the risk of loss for park improvements, as well as any other personal property on the premises. Upon termination of the Lease all improvements shall be removed from the premises and the same restored to its original condition within 90 days at Tenant's expense. Provided however, that City shall, at its option shall have the right to purchase said improvements for fair market value as determined by three disinterested appraisers (one appointed by City, one appointed by Tenant, and the third appointed by the first two). 9. UTILITIES. The cost of bringing all necessary utility services to the premises shall be borne by Tenant and all such utilities shall be provided through underground access. Tenant shall also timely pay and be responsible for all utility service provided to the facility during the term of the lease. 10. PROHIBITION AGAINST LIENS. Tenant shall not cause or allow any liens to attach to the premises, or the facility as a result of any of his actions; provided however 4 any secured loan on the personal property and equipment shall not be considered a lien in violation of this section. 11. TERMINATION. a) Prior to August 13th, 1999 this lease may be terminated only for good cause; thereafter the same may be terminated by either party, without penalty or cause, upon and after the party requesting the termination giving the other party 90 days written notice of termination. b) For the purpose of this lease "good cause" shall be deemed to be any of the following, separately, or in any combination, which shall not be remedied within 30 days of the City's giving written notice of the existence of the same: i) Failure to maintain insurance coverage as herein required; ii) Failure to pay any and all taxes that may be due as a result of the use or operation of the premises and facility; iii) Failure to maintain or operate the premises and facility as herein required; iv) Failure to timely pay all rental hereunder due; v) Failure to remain open for the hours herein established; vi) Failure to cure any lien which has attached to the premises or facility. 12. RENEWAL. Tenant shall have the right to renew this Lease for an additional three year term following the initial three year term. Which said option shall be exercised if at all by Tenant giving written notice of intent to exercise prior to July 1, 1999. Provided however, that such right to renewal shall not be available if at anytime within the preceding six months Tenant has been given notice from City for any of the failures listed in paragraph 11 (b) which were not corrected within the specified 30 day period. 13. ASSIGNMENT. Tenant shall not sell, transfer, or otherwise assign this lease, nor his interest herein, nor sublet the premises, or any part thereof, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Parties acknowledge that Tenant may be forming a business entity for conducting operation of the facilities and in the event such entity is formed and such entity is wholly owned and controlled by Tenant, this Lease may be assigned, on a one time basis, to such entity with City's written consent. Such assignment shall in no way relieve the personal liability of Tenant for each and every duty herein imposed. 14. RELATIONSHIP BETWEEN PARTIES. Nothing herein contained shall be deemed or construed by the parties hereto, or by any third party, to create the relationship of principal and agent or of partnership or of joint venture or of any other association between parties. It being the expressed understanding and agreement of the parties hereto that no provision herein contained nor any act or acts of the parties shall be deemed to 5 . . . ....._.__. create any relationship between the parties other than the relationship of Lessor and Lessee as those terms are understood herein. 15. WAIVER. City or Tenant shall have the right to waive any requirement contained in this lease which is intended for the benefit of the waiving party, provided that such waiver shall be effective only if reduced to writing and delivered by the waiving party to the other. 16. AMENDMENTS. No changes to the terms of this agreement shall be binding upon either party unless such change is reduced to writing and executed by both parties with the same formality as this original agreement. 17. COMPLETE AGREEMENT. This document contains the entire agreement between the parties with respect to the premises and the facility and provisions not herein contained, or provided for, are not part of this agreement. Neither party has made any agreements, covenants, warranties or representation of any kind or character, express or implied, oral or written, with respect to any of the areas covered by this lease, specifically including without limitation, warranties of habitability, merchantability, suitability for intended use, workmanship, income to be derived from the facility, expenses to be incurred in connection with the premises and facility or with respect to any other conditions, facts or requirements relating or pertaining to the Premises and facility. 18. BINDING EFFECT. This agreement and all of the terms and provisions hereof shall be binding upon and enure to the benefit of the respective parties hereto their heirs, successors, and assigns. 19. SEVERABILITY. If any term or provision of this Lease is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Lease shall not be effected thereby. 20. GOVERNING LAW. This agreement and all the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any proceeding concerning this lease shall be in Collin County, Texas. 21. MISCELLANEOUS. a) The paragraph headings herein contained are for convenience purposes only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. b) As used herein, words of any gender shall be held and construed to include any 6 other gender, and the words in the singular shall be held and construed to include the plural unless the context otherwise requires. c) This agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. d) No person, firm, corporation, or group shall be denied use of the premises because of race, sex, color, religion, national origin or being physically handicapped and impartiality shall be observed in providing access to and use of the facility. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first written above. LESSOR LESSEE CITY OF WYLIE, TEXAS Dale Wigington Teresa Wigington 7 Batting Cage Rates August, 1996 6 Balls $0.25 15 minutes $6.00 30 minutes $11 .00 60 minutes $20.00 Soft Drinks $0.75 Candy $0.75 8 (t WYUE BATTING EAGES VVYL I E 1 TEXAS . .6).c----------- - ,.-- „, ... r----- - , / , .„ ,F1ITIIRE UttlIT / r r ‘, ... / (SoFTBALL) ,. , r--- 0 CI / FirrugE BATT'NIG CAGES PAVILION / - i . ; UNITS lASESALL OFT BALL- ---: 53;' PLAYGROUND / : PRD6ABLE ! ; (gi;SEtAii.) Z i i L / FUTURE PARKIA6: : ; 4REA : : I .• I . •A _ 0 [ olo 0 v .. .......: A._ a . ' I • 1 : ° 0 . . do a ! o , 1 o i I 1 , , 1 ( y[ e City Council #5 OgQnda Communication for'Rugast 13,1996 award Contract for the Reconstruction of Alleys - Butler and Dogwood Streets Issue Discuss and Consider award of the contract for the reconstruction of approximately 1100 linear feet of alleys in the Butler and Dogwood Streets area. Background Sealed bids were opened and read aloud on August 7, 1996. The Hogan Corporation is evaluating the bids and will make a recommendation of award at the City Council Meeting on August 13th. In order to incur the least amount of confusion and inconvenience to the property owners, the contractor will be required to comply fully with the terms and conditions as specified in the Contract documents. These items will be addressed at the preconstruction meeting and required of the contractor: 1. Submit a detailed construction sequence plan including parking and project schedule for review by the Engineer and Staff. Home owners will park in the street during reconstruction. 2. Coordinate through City Staff a meeting with the adjacent property owners to discuss the proposed plan and schedule and make adjustments if necessary. 3. Prepare a form letter of notification to be used to inform affected owners of any construction related activities which may affect access. This letter must be reviewed by staff prior to issuance. 4. Deliver letter of notification to affected parties 48 hours in advance of specified construction activity. A copy must be simultaneously submitted to the City and Engineer. 5. Notify the City's Inspector as soon as possible as to any changes or problems which may affect the progress of the project. 6. Prepare the monthly pay request and review it with the City Inspector prior to submittal to the Engineer for further processing. 7. Coordinate with Staff and the Engineer monthly progress meetings to be held at the site to review monthly progress and discuss any changes or problems. 8. Fully comply with all other aspects of the Contract Documents. Board Recommendations N/A Financial Considerations Financing for this project will be provided by funds from the Department of Public Works 1996 Street Budget; approximately one half the amount will come from the General Fund and the rest from the Capital Improvements Fund. Legal Considerations N/A Staff Recommendations The Hogan Corporation will recommend award of this contract at the August 13th City Council Meeting. Attachments Letter of recommendation from the Engineer and a detailed bid tabulation will be provided at the August 13th City Council Meeting. Four year Butler Alley Concrete Rehab Plan kte InAIZAJmi Prepared Reviewed by Fina e City Mgr. Approval F.---- aor Agt, 1I r Xr'i MB isn' Hji II ti August 7 , 1996 TO: Mr. Collins, City Manager FROM: Jack Jones, Superintendent Public Works RE: Concrete Alley Rehab Utilizing 411-58210 Street and Alley rehab program, I propose a 4 year stint to upgrade Butler alley area. Phase I - 1995 - 1996 (Orange) $100 ,000 .00 Phase II - 1996 - 1997 (Green) 100 , 000. 00 4- Phase III - 1997 - 1998 (Pink) 100 ,000 .00 -+ + Phase IV - 1998 - 1999 (Purple) 100. 000. 00 - Estimated 4 year program $400 ,000 .00 ± 2000 Highway 78 North•Wylie.Texas 75098•(2141 442-8100•Fax(214)442-4302 AKIN LANE •')•• 15 10 B e/;' 7 ' 6 Ps\\!• 5 4 3 �,. ,I / •• ;s,\e e/ e _ 5 9 ♦ 25'_09 T ANAG 8 f ae' a 14 -t1y-,":- • s• iy 2 . • . .4.4}'" AN 20 1 12 13 14• I 15• / 16 \ 17 22 I ! 1 b, 21 22 23 24 25 .. . • ,s4 , 7 / 26 \ � t�q ! 23 jI �4, - S del - yr' - fo 22 ��Sy' .FSyr I W 24 20 I WOOOHOLLOW f••.r.000RT 6' / 21 \ - J 2S �� / I ••• I •;••'• / • 1111 2 I IB ! •. ♦♦ / 20 W cereeecreese cc z .a.... _: - ...,.., s t / 22 �. 19 4O J - 27 a i +,;2 f 1111 26 10 11 12 el 3 14 48 L••'. 2 I 20 , r, 23 4 3 29 1 I 19 24 W y 1 > 17 'CO. _1 WI 30 S- I I 28 2; 9 B 25 IQ '•. 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HWY. 544 Sao tJ y I. ••�• I I e. 10' FORCE MAIN i I I I I II -- Wylie City Council #6 Agenda Communication for August 13, 1996 Zone Change Request from Doug and Guy Poole mimmum monnummumimmomminommi Issue Hold a Public Hearing and Consider a request from Doug and Guy Poole for approval of a zone change from "R", Retail to "B-2", Business-2 for their property located at 103 S. Second Street, and further described as Lots, 13, 14, 15 and 16, Block 21 in the Railroad Addition. Background The current location of Poole Feed Supply is 207 Hwy. 78 North. This business will be forced to relocate when Hwy. 78 is widened. Doug and Guy Poole have purchased Lots 13, 14, 15 and 16, Block 21 in the Railroad Addition (south of present location) and intend to construct a new feed store at this location. According to the City of Wylie's Zoning Map, this property is currently zoned Retail (R). Poole Feed Store is requesting the change to B-2 zoning so that they may also have outside sales and storage of tractors and trailers. Under the present Retail zoning, these uses are not allowed. Multi-family zoning is directly east of Poole's proposed feed store property. Public Hearing Notifications were sent to all property owners within 200' of the Poole's proposed feed store property and to date no response has been received. Board Recommendations The Planning and Zoning Commission met on Monday, August 5, 1996 and voted 6-1 to approve the zoning to B-1 with Specific Use for outside sales directly relating to the feed store business. It was also recommended that no sales of animals over 7 pounds be allowed on the property. Financial Considerations N/A Legal Considerations N/A Staff Recommendations Denial as submitted. If B-2 zoning is approved, then the property is zoned appropriately for many types of uses other than feed store and outside sales and storage. If for some reason Poole Feed Store relocates or sells the property, a machine shop, kennel, auto repair or welding shop, etc., could legally open on said property. Staff recommends granting a change to B-1 zoning with a specific use permit for outside sales directly relating to the feed store business and any other conditions, as the Council deems outside sales directly relating to the feed store business and any other conditions, as the Council deems necessary. Staff also recommends that no animal sales restriction be placed on the property. This issue is already addressed by the City of Wylie Code of Ordinances, Chapter 2, Section 17 (a) (b), which states no person shall engage in keeping livestock or fowl within the corporate limits of the city. Attachments Zone Change Application, Public Hearing Notice, Property Owner List, Location Map, Area Zoning Map, Ordinance �� • I\-,L ULAV1 Prepared By Reviewed by Final-tee City Mgr. Approval 1 UJ — . L — l , - I,DT5 13, 14, 15. L . OAK STREET ( 70' ROW. )-- --- - B1oCK z I 1 .... 10.ILel OA-D q DDITioN \413, Cyr( o f 1A LI ��• CODUTY . 0-f (DLL:N TX.• / 86.51 ---. 'S ' C:,P .wS / a / // • \-. N co f- IN uT 1 FOUND I/O" FUIIND NWT 1 , CUNC MONUMENT G WOOD FENCE=� IRON ROD 4 5' ...... I WOOD FENCE -ii;.. ."..... p1I _. 1 .. I I --- I- `+i STEEL CABLE._.1 .. W Y' (. GRAVEL !'ARKING PROTRUSION�, FENCE - ,..•.1 DUEL CABLE ,II ••fin /n,• O tI FENCE "IN LOT 16 •,^ ` NI , r�1 d�... i • v LI 1 I F. '• --•— SIGN .I ' . ( . STEEL CABLE. FENCE--.„.„- I 1Z '. D F_.• cr ro�rA Lill a ` f °^ _. --- -• }:, OVER lIEAD ELECTRir SERVICE- - _. __.- ---—-<_. WI � ONE STORY WOOD FRAME MI LOT 15 , 2.2 )- Eli I . -CD f BLOC K 21 o IN v •�• 6' WOOD FENCE I - N ; 2 LOT 14 3D1 (. W I ONE STORY 'Coll CHETF.:!l U1CK •._ l wl a :, I 17 wrR j 1� 30 1' • T i "? LOT 7 13 i✓ M M I r p SIE11. CABLE FENCE f/ wano t I 4J FENCE - i\ ` \roe Pen<-� v ,, 12.5T ---._ —_ SET I/O" ET SR ON ROD T IRON ROD 20 :''ALLEY,— ( UNIMPROVED ) / _ -- - - / / NOTE:-TO THEBEST OF MY KNOWLEDGE THE EASEMENT RECORDED IN THE FOLLOWING INSTRUMENT DOE NOT,AFFECT:THIS,SUBJECT TRA,CT OF LAND:VOLUME 2040,PAGE'926 ,,• 1 • 4z A u. Cir • kj /37 Page 1 of 2 (5/93) 0 CITY OF WYLIE 6-26-9c P.O. BOX 428 WYLI E, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee — • Date G - Z 5 — Applicant bct)c 61u`! -Peat Phone No. 44a- 3s r4 Mailing Address: Work No. 442-- 1844 Po. (,ox 0, 1 WYLIE TX ')Sog8 LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 DCK 2 I . 103 S • 2''D ST Ree-t- i-D-rs 13, 1N , i5, rb VJyt, E TX so 5 8 .g Ltzo A s, r7oki I hereby request that the above described property be changed from its present zoning which is c ; District Classification to f;-Z District Classification for the following reasons: (attach separate sheet if necessary) Fu-ture.. Si c, o- t"o4LE FEED Suppcy — PILE- -Fa 4•-1--o— -Pew}- 0-c �w`� '78 UJileu Ct aL -Crcti•5 A 1 .100,uhncst -}-a Qe- loca , There (are) are not seed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner X Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed Q-LG v� - Page 2of2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner of the zoning request must also be submitted. • • ! IaIL •/E�M ■.■■►Ji.g • • 1!" 1? 1f.111IR/U Ui JI d ANNIE mu ova 'i11iain aa'9r1! 11l1!■1:.` •TPArr1tti1UN r ■}tom!!� 1, a1 1f>•J��la•Li !�. . PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday August 5, 1996 at 6:30 p;m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, August13, 1996.at:7:00.p.m.-in the City:Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from "R", Retail to "B-2", Business-2 for Doug & Guy Poole for their • property located at 103 S. Second-Street and further described as follows Block 21, Lots 13, 14, 15, and 16, in the Railroad Addition • - As an interested property owner, you are encouraged to attend this meeting or notify the`• Commission of your feelings regarding this matter in writing by returning the form below RE:.,:PZ/CC -Poole - Return this form to : Lisa Price;Technical Coordinator 2000 Hwy. 78 N Wylie, Texas 75098 .: 0 I am in favor of the request for the reasons listed below • Q. I am opposed to`the request for the reasons listed below • 3 Signature - • Printed Name Address - 2000 Highway 78 North•Wylie..Texas 75098•(214144218100•Fax(214)442-4302 • NOTIFICATION REPORT APPLICANT: APPLICATION FILE# Name &Address ATTORNEY, AGENT: Name &Address BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS 21 R A i Igo MO ri a L. (Bake?. Ce6 r-e,V(Qu .100 orr psO%i Drive of 6 - {�. Y 1 (�'�I RIC o rdAoff TX 7 0 10 it II 0 it Iq tl ' II I` It Lb9 6-521 France 5 )(a 3 it bsI 1,1 c i R . 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'Q' I '� 3K' a treat y Z . — — - - • h �'1 0 • -- Fr I —�� '._ �,1 I (n :ply, ' 2na:St eat -- • set O _ - -- 3r• st eat \ i. P , . _ co . (.31 - -- ...m.---- .. 11.---Fii101113 \CC/ 1.I . : b 1 • � 73, , �i HL \'III'J .M , N 4th S eat -- ,,\ �_�_1_ L� { ;. I .� -:� ;. oo D 5th Street _ '�\ T i ,; ion' ywo" ' , ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF PROPERTY DESCRIBED AS BLOCK 21, LOTS 13, 14, 15 AND 16 IN THE RAILROAD ADDITION, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, LOCATED AT 103 SOUTH SECOND STREET, FROM "R" RETAIL TO "B-1" BUSINESS DISTRICT WITH A SPECIFIC USE PERMIT; AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 85-23A); AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13); AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the zoning of the property hereinafter described is presently zoned as "R" Retail; and WHEREAS, the owners of the property have properly filed a request with the City of Wylie to change the classification from "R" Retail to "B-2" Business District; and WHEREAS, the Planning and Zoning Commission, after having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, recommend to the City Council that the request be amended to change the classification from "R" Retail to "B-1" Business District with a Specific Use Permit; and WHEREAS, the City Council has heretofore conducted a public hearing on the proposed change and determined that the change should be granted; and WHEREAS, the City Council has determined, in its legislative capacity, that the proposed change is appropriate and in the best interest of the orderly development of the City in that it is based on recognition of changed or changing conditions or circumstances in the locality and/or recognizes changes in technology, the style of living, or manner of doing business, as required by Section 35.1 of the Comprehensive Zoning Ordinance and therefore not in derogation of any of the purposes therein expressed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows; SECTION I That the Comprehensive Zoning Ordinance, as codified by Section 1, of Chapter 12 of the Wylie City Code, be, and hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following property, commonly described as Block 21, lots 13, 14, 15 and 16 in the Railroad Addition, located at 103 South Second Street, Wylie, Texas, 75098, from "R" Retail to "B-1" Business District with a Specific Use Permit. SECTION II That said property is granted a Specific Use Permit in which special conditions have been imposed pursuant to the Wylie Comprehensive Zoning Ordinance, Section 23.2 (2) and are described as follows: (a) Outside sales of materials directly related to feed store business. SECTION III That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie as amended. SECTION IV Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION V Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VI This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VII That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VIII The repeal of any ordinance, or parts thereof, by the enactment of this ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1996. By James D. Swartz, Mayor Attest Susan Shuler, City Secretary Wylie City Council #7 Agenda Communication for august 13, 1996 Final Plat for the Heath Addition Issue Discuss and Consider approval of a Final Plat for the Heath Addition submitted by Robert Heath, located south of Hwy. 78 and east of Eubanks Lane. Background Mr. Robert Heath owns the property that was the Windmill Trading Post at 1890 Hwy. 78 North and has obtained 4.7338 acres south of there which he is platting as the Heath Addition. At the March 26, 1996 City Council Meeting, he received a PD (Planned Development) Zoning for both properties. This Final Plat has been reviewed by City Staff and Consulting Engineer, Greg MacLean and found to conform with the City of Wylie Subdivision Regulations. Board Recommendations The Planning and Zoning Board met Monday, August 5, 1996 and recommends approval of the final plat. Financial Considerations N/A Legal Considerations N/A Staff Recommendations Staff recommends approval of the Final Plat for construction Attachments Final Plat • 11\ SPit Prepared By Reviewed by Fin ce City Mgr. Approval s� k SITE \ R.W. SPATE HIGHWAY NO. 78 1.426 HEATH ACRES i COUNTY CLERKS NO. 93-0091 4Ii' 1 ii......ie 40 20 0 40 80 120 t w N 89'55'02" E 265.11'_ 41 r LP.MD. --- 55.40'-TZ4.07'T---�_-- BROWN STREET E. rill SCALE IN FEET /ET CZ? N 89'55'02" E 99.26' C / N 89'55'02" E N 89'55'02" E I `y So 19.26'``c� G0 9.93 Fr _ CURVE TABLE �- - ` CURVE DELTA RADIUS ARC " I I I 1� lI LOCATION MAP Cl 4744'11" 49.94 41.61 I I C2 40'56'32" 40.00 28.58 N1 I 1 I 1 C3 99'38'18" 6.00 10.43 of i 1 LOT 2 C4 61'25'S2" 19.86 21.30CV I C5 41'06'23" 45.77 32.84 i j 112,197 SQUARE FEET C6 89'55'01" 20.00 31.39 I i 1 2.5757 ACRES C7 90'04'58" 20.00 31.44 C8 89'55'02" 20.00 31.39 I I I 4 ACRES C9 901O'45" 44.00 69.25 E.• 1 I F I C10 5'38'39" 60.00 5.91 '' i z 1 1.4 1 Z 1 WALTER B. Sc NAOMI PAIR C11 90'14'26" 44.00 69.30 I I 1 1 I W VOLUME 3559, PAGE 77 C12 90'14'26" 20.00 31.50 01 w 1 1 ai Z C13 89'45'34" 20.00 31.33 b 1 I 1 w 1 C14 C15 89'59'41" 90'00'00" 20.00 31.41 20.00 31.42 0l i w I C16 9000'48" 20.00 31.42 zi �i zew in toI zaw 'N at oil .] 1'. 1 .7 1.. OrI I 7 /� C11 I I I� yr u.srr N89'225_10" E _ 417.42' __ -�ol/t u nni a i sI a Iw _ s l I Pi MIL ser. ----'10' BUILDING LINE w1 w Iw I w -I 1 ho b l lb b e` r bo,- y I. °1 .N jo 0 "' S 89'44'46" E 335.27' I 1 0 i0 01 i 0 0 E.:: rN 24' INGRESS & EGRESS & FIRE LANE EASEMENT hc9 IN• b' w I0 �i a i0 0 m a Iz L N 6 r -�O�S N z1 w 1 1 w N U_ S 89'44'46" E 334.75' �l Il I I I I CVI 0 .z Iw :-I It. 1 43 I N• W '„� 0 n O� I I I NI q LOT1 o I 41 I I W H 94,009 SQUARE FEET 1:-. i l 1 a I 2.1581 ACRES s 0 s Ix I z i I z 01 W 10 d' P. I I I z I [xW co I I tD II-• it) E I I N I I N �IIn b0 00 1 I I I 1 o I N p0'00'00" W a b m 1�ddII i 1\ -- irL c`. �t Z 1_22._9h8 N 95.56• i crel'-'G�2 c�3'- -'G< ��,__��� 1 to I i 60.28' N 89'45'05" W 250.25' 1. S 89'45'34" E N 89'45'34" W N 89'45'34" N I cvN 90'00'00" W - G I3.45' 19.26' 9.93' 0 19.54' N >5.56,4g•, 24' INGRESS & EGRESS & FIRE LANE EASEMENT S 00'15'14" 1W r.r 4 T- 80, W 14.04' N. N 89'45'34" W 180.65' ryl < L.___ ?1` N 89'45'05" W 297.15' �j a air sgr-�-- 10'--- BUILDING 417.54_-LINE- 245.e1' PR NAM SET° ------- U] N 89'45'05" W 663.15' • NOLAN EUBANKS 6 REMAINDER TRACT fil VOLUME 353, PAGE 315 W NOTICE Selling a portion of this addition by metes and bounds Lc a violation Ordinance and State Law and Is subject to fines and withholding of aril. building permits. •Rc' Ow Cn FINAL PLAT OWNER:R.W.HEATH HEATH ADDITION PARKERA RKERi5 0D AN FRANCISCO DE LA PINA SURVEY PHONE:(214)578-7807 ABSTRACT NO. 688 SURVEYOR:JACRSON&ASSOCIATES LAND SURVEYORS Ma, CITY OF WYLIE 2600 W.P.M.HIGHWAY NO.544 WYLIE,TEXAS 75098 ELL COLLIN COUNTY, TEXAS PHONE:(214)442-4045 'Act Mop STATE OF TEXAS f COUNTY OF COLLIN f WHEREAS,R.W.Heath,is the omser fa trod of landsMreted in the Francisco de la Pints Surrey,Abstract No.688,City of Wylie,Collin County,Tsar,and being a pad of a 13.9254 acre bolt of land conveyed to Archie Eubank,by deed recorded in Vol..,..1083,Page 270,Deed Records,Collin County,Tess,aid being • more particularly described as follows. 1.00 ACRE TRACT • ARCHIE EUBANKS Beginning al•l inch Iron pipe lewd for the sodhwaf corner ofa 1.426 acre tract of land conveyed to R.W. Heath recorded by County Clerb No.93-0098882,Collin County,Tess,and being blithe east One fa d acre VOLUME 951, PAGE 741 trod of land conveyed to Walter B.&Naomi Pair by deed recorded in Vahwte 3559,Page 77,Deed Records, Collin County,Texan; 1/T fA SZT _-- Therm,N 89'55'OP E,along the south ttnr ofsold Heats trod,a distaste of 265.11 fed to•1/2 inch Iron rod set for corner; I'/028.00' • 'C.1 Thence,S 07'54'29"W,a distance of 438.60 feet to a 1/2 Inch Iron rod sm for corner; I Thence,N 89'45'Or W,a distance of 66315 feet to a PK Nall sot/n graphs&for corner in Eubanks Lane; I Thence,N Or 08'50"W,a&mane of 222.20 feet to a PR Nall sot in asphalt for corner in Eubanks Lane and being the southwest turner of said Pair bad; I Thence,N 89'25'10"P along the south One of said Pair trod,a distance of 417.42 feet to a I/2 inch iron I rod set for the southeast corner of said Pair trod; Thence,N 00'05'04'IV,along the eau One of said Pair tract,a distance of 208.71 feet to the Point of CO Beginning and Containing 4.7338 acres. 1 Ico Ia' SURVEYORS CERTIFICATE i KNOW All MEN BY THESE PRESENTS: I MAT,,1,Donald J.Jalisco do hereby certify that I have prepared this plat from an actual and accurate surrey of the land and that the corner momomentr shown thereon were property placed under my personal supervision M accordance with the Platting Rules and Regulations of the City of Wylie. �` I / � e D�F i / 0_�/t.fit.-�^- ?in7,7nf ARCHIE EUBANKS Donald _Mason Registered Pro cool Land Surveyor No.3949 1 REMAINDER TRACT STATE OF TEXAS f • g LION A D, ,11C 'r' I VOLUME 1083, PAGE 270 '' 1 9 I COUNTY OF COLLIN f rn' BEFORE ME the undersigned authority,a Notary Public in and for said County and State,on thli date, I personally appeared Donald J.Jackson,brown to me to be the person whose name Is subscribed to the-' , I foregoing instrument and ackno.kdged to me that he mended the same for the purpose and ronsiderallon I therein expressed and under oath stated that the statements In the foregoing certificate are true. GIVEN HAND AND SEEAAL,�OF OFFICE this day of d 11/t/ ,1996. Notary Public for the Stale of Texas ';;'-,, ROBIN MILLER ' iso) Notary Public,State of Texas j y I CV My commission aspires/" /z1Li.o 'i.'. .) .=' n Fx Iros 1-21-2000. 1 My Commission P ,-+ no underslgrrd,the ay Secretary of the City of Wylie, +''''' �,. a foregoing Final Plat of Heath Addition,an addition to the City of Wylie urns submMed to the City County,on the day of 1(1) 1996,and the Council,by formalodion,then and there accepted the dedication of streets, 1 alleys,parks,easements,public places,and water and sewer Ones as shown and sot forth In and upon said I plat and said Carmel:further authorises the Mayor to note the acceptance thereof by signing his name as herelnabove subscribed. I Witness my hand this day of AD,1996. I City Secretary City of Wylie,Tess 1/T IR.SIT NOW,THEREFORE KNOW ALL MEN BY 771ESE PRESENTS: not,I,R.W.Heath,do hereby adopt this plat designated therein above described property Heath Addition, as an Addition to the City of Wylie,Collin County,Tems,and doer hereby dedicate to the publik use forever the easements and righlof-ways shown hereon. The easements shown hereon are hereby reserved for the purposes as indicated. No buildings,fences,trees,shrubs,or other improvements or growths shall be constructed or placed upon,over,or across the easements and rightof--ways as shown.Said utility easement bring hereby reserved for the mutual use and accommodation of an public utilities desiring to use or using same. AO and any public utility shall hare the full right to remove and keep removed all or parts of any buildings,fences,bees,shrubs,or other Improvements or growth which may in any way endanger or interfere with the construction,maintenance,of epkieary of its respective system on the utility easement and all public utilities shall at all times have the fun right of ingress and egress to or from and upon the said utility easement far the construction,reconstruction,inspecting,patrolling,maintaining,and adding to armoring all or pad of&s reaped/re systems without the necessity at any time of procuring the permission of anyone. W7TNES MY HAND AT WYLIE,TEXAS,Alt;YXLi day of r�r.P.CJ ,1996. I for Approval" i �//r /. R.W.Heath Date: ping&Zoning Commission STATE OF TEXAS f Terns COUNTY OF COLIIN f Construction" BEFORE ME,the undersigned authority,a Notary Public In and for said County and State,on this date personally appeared R.W.Heath,known to me to be the person whose name is subscribed to the foregoing Date: instrument and acknowledged to me that he caseated the same for purpose and considerations therein 1 N')eir,Tear expressed. GIVEN U ER MY HAND AND SEAL OF OFFICE,this Ilk day of n//� r 1996. 'F.OF COMPLETION ✓ /// t//' Notary Publk for the State of Texas Date: 0 TM•r.\ ROBIN MILLER My commission expires/a./�� fy,••,•�•� /Wylie,Tents ,.t Notary Public,State of Texas :,�My Commission Expires I-21-2000 vu►yi• City Coo ndl Agenda Communication for august 13, 1996 _•••••••••••••••••••=mommommumilammaimeimminammummill Meeting to Discuss A+d Valorem Tax Rate and Take Record Vote Issue Discuss and consider the proposed ad valorem tax rate for the tax year 1996. The proposed tax rate requires that a public hearing be scheduled at this time. A vote must also be taken and the results published in the Wylie News in a notice entitled "Notice of Public Hearing on Tax Increase." Background In accordance with the "Truth-in-Taxation" laws of the State of Texas, notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds the lower of the effective tax rate times 1.03 or the rollback rate as determined by the effective tax rate calculation. The City's proposed tax rate is .665 which exceeds the effective tax rate (.62944) times 1.03 (.64832) but does not exceed the rollback tax rate of .66671. Therefore, the City is required to vote on the tax rate and publish the vote results prior to an additional scheduled public hearing. The official detailed effective tax rate calculation is available in the office of the Collin County Tax Assessor/Collector (Kenneth Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and the public to view. The additional public hearing must be at least three to fourteen days prior to the adoption of this tax rate. Financial Considerations The proposed budget is based on the proposed tax rate of .665 per $100 valuation. This is within the rate previously discussed by council. Any change in the proposed tax rate will require revision of the proposed budget. Legal Considerations The City is required by law to follow certain meeting and notice (publication) guidelines as shown on the attached calendar excerpt from the "Truth-in-Taxation" guide. Staff Recommendations The staff recommends that Council vote on the proposed tax rate and schedule the required public hearing on the tax increase. Attachments Resolution Reporting Record Vote 1996 Planning Calendar from the "Truth-in-Taxation" guide 1996 Budget Calendar "Notice of Effective Tax Rate" as it appeared in the August 7, 1996 Wylie News Sample "Notice of Public Hearing on Tax Increase" Sample "Notice of Vote on Tax Rate" zidti /244y `74,n, /!1. Prepared byFinance Dir. Ap vaI City Mgr. Approval P RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 1996-1997; ACCEPTING THE CALCULATION OF AN EFFECTIVE TAX RATE; ESTABLISHING A DATE FOR PUBLIC HEARING ON THE PROPOSED PROPERTY TAX RATE; AND PROVIDING FOR THE PUBLICATION AS PROVIDED BY THE TEXAS PROPERTY TAX CODE WHEREAS, the City of Wylie has received the calculated effective tax rate as presented by the Central Appraisal District of Collin County; and WHEREAS, such effective tax rate multiplied by 1.03 is .64832 which by Statute requires an additional public hearing in order to entitle the City Council to consider acceptance and adoption of an ordinance levying a proposed property tax rate of.665 per$100 (ONE HUNDRED) dollars valuation; and WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides for specific procedures in which to consider the proposed tax rate NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie, that: SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of .665 per$100 (ONE HUNDRED) dollars valuation as the proposed property tax rate for fiscal year 1996-1997. SECTION 2. That Council met in public meeting on August 13, 1996 and accepted this resolution with a majority vote as follows: Mayor Jim Swartz YEA NAY ABSTAIN ABSENT Councilmember Reta Allen YEA NAY ABSTAIN ABSENT Councilmember Joel Scott YEA NAY ABSTAIN ABSENT Councilmember John Mondy YEA NAY ABSTAIN ABSENT Councilmember J.C. Worley YEA NAY ABSTAIN ABSENT Councilmember Cleo Adams YEA NAY ABSTAIN ABSENT Councilmember Wanda Sparks YEA NAY ABSTAIN ABSENT SECTION 3. That public hearing shall be held on September 10, 1996 at 7:00 p.m. in the City Council Chambers at the Wylie Municipal Complex, 2000 Hwy 78 North, Wylie, Texas, to receive public comment regarding the proposed tax rate. SECTION 4. That the content and vote taken on this resolution shall be published in the official newspaper of the City as provided by the Texas Property Tax Code. DULY RESOLVED by the City Council of the City of Wylie, Texas on this the 13th day of August, 1996. JIM SWARTZ, MAYOR SUSAN SHULER, CITY SECRETARY 1996 Planning Calendar (For Taxing Unit Use) May Mailing of notices of appraised value by chief appraiser. May 15 Deadline for submitting appraisal records to ARB. July 17 Deadline for commissioner of education to send notice to districts required to equalize wealth. July 22 Deadline for ARB to approve appraisal records. July 25 Deadline for chief appraiser to certify rolls to taxing units. August 5 Certification of anticipated collection rate by collector. July 31 Calculation of effective and rollback tax rates. August 7 Publication of effective and rollback tax rates; schedules and fund balances; submission to governing body. August 9 72-hours notice for meeting (Open Meetings Notice). August 13 Meeting of governing body to discuss tax rate; if proposed tax rate is more than 3 percent above the effective rate or is above the rollback rate, take record vote and schedule public hearing. August 21 "Notice of Public Hearing on Tax Increase" (1st quarter-page notice) published at least seven days before public hearing. September 6 72-hour notice for public hearing (Open Meetings Notice). September 10 Public hearing; schedule and announce meeting to adopt tax rate 3-14 days from this date. September 18 "Notice of Vote on Tax Rate" (2nd quarter-page notice) published before meeting to adopt tax rate. September 20 72-hour notice for meeting at which governing body will adopt tax rate. September 24 Meeting to adopt tax rate 3-14 days after public hearing and by September 1, or as soon after as practicable. School districts subject to an equalized wealth notice must wait to adopt a tax rate until the commissioner certifies the wealth is equalized [Section 41.004(c), Education Code]. Truth-in-Taxation—May 1996 17 BUDGET CALENDAR FISCAL YEAR 1996/97 Budget Packets to Departments May 14, 1996 Budget Due in Finance June 7, 1996 Departments Meet with City Manager June 21, 1996 thru June 28, 1996 Preliminary Budget to City Council July 12, 1996 Department Highlights to City Council July 12, 1996 Budget Workshop with City Council July 16, 1996 Received Certified Tax Roll - CAD July 17, 1996 Budget Workshop with City Council July 30, 1996 Budget Workshop with City Council August 6, 1996 Budget Available to Public August 12, 1996 Adopt Budget September 24, 1996 RevisedAugust 5,1996(BUDCAL97) NOTICE OF EFFECTIVE TAX RATE 1996 PROPERTY TAX RATES IN CITY OF WYLIE This notice concerns 1996 property tax rats for City of Wylie.It presents information aboutthnevs lox t rates.tax cot year's 's tax Mk I.the actual rate the taxing unit used to determine property taxes last year.This year's the same total taxes as last year if you comps+properties rued in both years.This yw:s rollback tax rate is the highest s leg the the taxing amount o can set lb.on baym set salt tax of acktom 1.property)In each case these rats rs found by avid- log the roue amount of taxer by the tax low(the total value of taxable property)with adjustments as requited by stale law. The raw are given per$100 of property value. LAST YEAR'S TAX RATE: 51.646396 Last year's operating taxer 13.721 • LettLe 55 t year's debt taxes S2 45,727 It year's tot taxer 5763,394,311 Last year's to baseOA3300 Loot year's total tax nits(per$100) THIS YEAR'S EFFECTIVE TAX RATtt - . Last Year s adjusted taxes(after .. • (ar subtracting taxer on lost proprty) / This year's adjusted tax base .:5379,635319 (.(ter.ubtncting value of new property) o 0.62944 This year's effective t me(per$100) ) x 1.03-maximum rate unless unit publishes 0.64832 notices anal bolds bearings(per$100) • THIS EAR SROLLBACK Last operating taxes(altar migrating taxes on lot property and adjusting for transferred function) - 51,646,095 adjusted tax bw $379,835,519 / This year's0.43602 This.this year's m xi operating rats(per to(p) 0.52490 x his-Wier year's maximum operating rate(per$100) 0.14161 . This year's debt me(per 5100) 0.66671 . This year's rollback rate(pm$100) SCHEDULE A UNENCUMBERED FUND BALANCES The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal yes.Them balances are not encumbered by•corresponding debt obligation TYPE OF PROPERTY TAX FUND BALANCE '. S1,011.600 InterstA S kOperatlons $101,920,. In @ Sinldng _ SCHEDULE B 1996 DEBT SERVICE • The unit plans to pay We following amounts for long-lam debts that we s.eund by Pmporty taxes.Twee enemata will be paid from property to ovens(o..ddittoe.l sales tax revsmues,If applicable). 1 PRINCIPAL OR INTEREST TO CONTRACT PAYMENT BE PAID DESCRIPTION TO BE PAID FROM PROM PROPERTY OTHER AMOUNTS TOTAL OP DEBT PROPERTY TAXES TAXES TO BE PAID .PAYMENT Certificate of Obligation- 526,270 53.733 529.605 Smies 68 Certificate of Obligation- f29,213 S8,645 SO 537,360 Series 90 Tax Refunding 590,160 5II0,000 SD 5200,160 Boils-Series 93 General Obligation 543.345 gge,l7p 50 51733i3 Bodes-Serfs 95 Contract Obligation- SI03.000 $3,730 SD SI06,770 Series 93 Contract Obligation- $25,000 $15.550 540.550 Sala 91 Comb Tax @ Rev Cent of Obligation- SO 570.000 f0 570,000 Series 96 Total Amount $620.420 inquired for 1996 debt arrvice $30.00D - Amount(if any)paid from funds listed on Schedule A SO 03 - I:..,.,collections last year 5570.420 .Total to be paid from toes in 1996 a Amount added in anticipation that the unit w01 gp collect only 100.00%of its teas in 1996 $570,120 a TaalDebt Levy • This notice contains a summary of actual.ff«live and rollback tax rates'Walabrrs.You can otop+a copy of the full calculations.t 1434 N.Central Expressway.Suite I IQ McKinney,Texas 73070. Name of person preparing this notice:Kenneth L Moon CPA Tlde:Tax Anin.O1 Collector tetra Date prepared:August 1L 1996 TO BE PUBLISHED IN THE WYLIE NEWS ON AUGUST 21, 1996. Notice of Public Hearing on Tax Increase The (name of taxing unit) will hold a public hearing on a proposal to increase total tax revenues from properties on the tax roll in (last year) by (percentage increase) percent.Your individual taxes may increase at a greater or lesser rate,or even decrease,depending on the change in the taxable value of your property in relation to the change in taxable value of all other property. The public hearing will be held on (date and time) at (meeting place) FOR the proposal: AGAINST the proposal: PRESENT and not voting: ABSENT: The statement above shows the percentage increase the proposed rate represents over the (Proposed tax rate) tax rate that the unit published on (date) .The following table compares taxes on an average home in this taxing unit last year to taxes proposed on the average home this year.Again,your individual taxes may be higher or lower,depending on the taxable value of your property. Last Year This Year Average home value $ $ General exemptions available (amount available on the average home, not including senior citizen's or disabled person's exemptions) $ $ Average taxable value $ $ Tax rate /$100 /$100 (Proposed) Tax $ $ (proposed) Under this proposal taxes on the average home would (increase/decrease) by$ or (amount) percent compared with last year's taxes. Comparing tax rates without adjusting for changes Inpropertyvalue,the tax rate wou1d( ecrease)by$ (amount) per$100 of taxable value or (amount) percent compared to last year's tax rate.These tax rate figures are not adjusted for changes in the taxable value of property. Criminal Justice Mandate(for counties): The (county name) County Auditor certifies that (county name) County has spent $ (amount) in the previous 12 months beginning (date) , 19 , for the mainte- nance and operations cost of keeping inmates sentenced to the Texas Department of Criminal Justice. (county name) County Sheriff has provided information on these costs, minus the state revenues received for reimbursement of such costs. 38 Truth-in-Taxation—May 1996 TO BE PUBLISHED IN THE WYLIE NEWS ON SEPTEMBER 18, 1996. Gas ,„2, Notice of Vote on Tax Rate The (name of taxing unit) conducted a public hearing on a proposal to increase your property taxes (percentage of iver e e byof the effective tax ratncreasee or rollback taxlow:rate) percent on (date and time the public bearing was conducted) • The (governing body of the taxing unit) is scheduled to vote on the tax rateata public meeting to be held on (date and time) at (meeting place) • Truth-in-Taxation—May 1996 39