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07-09-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY JULY 9, 2002 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 Action Taken . ..:..::..: IBESEMEMBEiiiiiiiiiiiiiiiiinignaMMEMEME > : ::listed:=:un :=: :::Conse ::itg :: e :to;; :::`a ase::: :: .Fitt. C iii:"':} iiiiiiiiiii:'::-:: -i".ii:i.i.......�.:.::::: :.i . -: ::.::::ni :::.o..} vr:.:-......:....... Y.........h.....::.. :-t .:...e ilem > aet Ii ;::#Oae nx ::::> :: :: ::: :::...:......;$0::: 5lo it:: ::: :::::;:.::::;`;::::: ?* A. Approval of the Minutes from the Regular Meeting of June 25,2002. B. Consider and act upon a Final Plat for the Wooded Creek Estates,Phase I Addition, being all of a certain 20.171 acre tract of land generally located north of Lakeside Drive and the Lakeside Estates II Addition and east of Springwell Parkway and the Sage Creek V, VI, and VII Additions,being part of that tract of land described in a deed to Wooded Creek Estates,Ltd. as recorded in Volume 5090,Page 1590,Deed Records of Collin County, Texas, and being situated in the Moses Sparks Survey,Abstract No.849,City of Wylie,Collin County,Texas. C. Consider and act upon a Final Plat for the Sage Creek Phase VII Addition,being all of a certain 29.3347 acre tract of land generally located east of Springwell Parkway and north of Sage Creek Phase VI and south of Phase IV, being part of that tract of land described in a deed to Ashton Custer, L.L.C., as recorded in County Clerk's File No. 98-0008878, Deed Records of Collin County, Texas and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County,Texas. D. Consider and act upon a Final Plat for the Bachon Townhomes Addition, being all of a certain 14.015 acre tract of land generally located south of Fleming Street, west of Cottonbelt Avenue and immediately west of Rustic Oaks, Section 1, Phase 4, being part of that tract of land described in a deed to Bachon Investments, L.P., as recorded in County Clerk's File No. 01- 0129647, Deed Records of Collin County, Texas and being situated in the S.B. Shelby Survey, Abstract No.820,City of Wylie,Collin County,Texas. E. Consider and act upon a Final Plat for the Birmingham Farms Phase 5 Addition, being all of a certain 5.259 acre tract of land east of Country Club Road (F.M. 1378) and north of Park Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C.McUlmurry Survey,Abstract No. 629,and the C. Atterberry Survey,Abstract No.22,City of Wylie,Collin County,Texas. F. Consider and act upon a Final Plat for the Birmingham Farms Phase 6 Addition, being all of a certain 14.235 acre tract of land east of Country Club Road (F.M. 1378) and south of Park Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C.Atterberry Survey,Abstract No.22,City of Wylie,Collin County,Texas. G. Consider and act upon a Final Plat for the Birmingham Farms Phase 7 Addition, being all of a certain 11.845 acre tract of land north of Brown Street (F.M. 3412) and east of Country Club Road (F.M. 1378), being part of that tract of land described in a deed to Birmingham Land LTD.,as recorded in County Clerk's File No.94-0029675,Deed Records of Collin County, Texas and situated in the C.Atterberry Survey,Abstract No. 22,City of Wylie,Collin County,Texas. H. Consider and act upon a Final Plat for the Birmingham Farms Phase 8 Addition, being all of a certain 5.458 acre tract of land north of Brown Street (F.M. 3412) and west of Sanden Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C. Atterberry Survey,Abstract No. 22 and the D. Williams Survey, Abstract No. 1021,City of Wylie,Collin County,Texas. I. Consider and act upon a Final Plat for the Birmingham Farms Phase 9 Addition, being all of a certain 11.567 acre tract of land north of Brown Street (F.M. 3412) and east of Sanden Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C. Atterberry Survey,Abstract No. 22, and the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas. J. Consider and act upon a Final Plat for the Birmingham Farms Phase 10 Addition, being all of a certain 13.551 acre tract of land north of Brown Street (F.M. 3412) and east of Sanden Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas. K. Consider and act upon a Final Plat for the Birmingham Farms Phase 11 Addition, being all of a certain 18.393 acre tract of land north of Brown Street (F.M. 3412) and west of Westgate Way, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas. L. Consider and act upon a Final Plat for the Birmingham Farms Phase 12 Addition, being all of a certain 3.126 acre tract of land north of Brown Street (F.M. 3412) and east of Westgate Way, being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas. Public Hearing/Annexations 1. Hold the second of two Public Hearings for the annexation of 52.291 acres out of the Duke Strickland Survey, Abstract 841 and the L Clifton Survey, Abstract No. 193, Collin County, Texas,generally located at the southwest corner of FM 544 and Sanden Blvd. Executive Summary This is the second of two required public hearings.In 1995,the City of Wylie annexed a large area of land, generally located along F.M. 544 in the western portion of the City. Due to a error in a legal description, 52.3 acres bounded by Muddy Creek on the west,F.M. 544 on the north and Sanden on the east was never officially annexed into the City as earlier believed. The property includes two businesses and agriculatural uses. Should the City Council approve the proposed annexation,the property will be zoned as BC(Business Center). 2. Consider and act upon an Ordinance annexing all of a certain 1.5 acre tract out of the Francisco de la Pina Survey,Collin County, Texas; generally located west of Eubanks Street,north of Hwy 78. Executive Summary Public Hearings were conducted at the June 10 and June 11 Council meetings. This annexation is initiated by the City of Wylie. The property is located west of Eubanks,north of Hwy 78. Should the City Council approve the proposed annexation,the property will be temporarily zoned as A(Agricultural)until permanent zoning is established. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. 3. Consider and act upon an Ordinance annexing all of a certain 34.036 acre tract out of the A. Atterberry Survey,Collin County,Texas; and generally located west of F.M.544. Executive Summary Public Hearings were conducted at the June 10 and June 11 Council Meetings.A request for voluntary annexation has been submitted by the owner of the above referenced property,William C. Collins,Jr. The property is located west of F.M. 544 and generally east of Community Park. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption Approval of Policy 4. Consider and act upon approval of the revised Rita and Truett Smith Public Library's Internet Use Policy to meet CIPA (Children's Internet Protection Act) requirements. These changes are necessary for the Library to continue to receive ERATE funding. Executive Summary The American Library Association (ALA) announced that a Federal Court has ruled that CIPA (Children's Internet Protection Act)requirements for filtering in public libraries are unconstitutional.Under CIPA,libraries that are covered must review their existing Acceptable Use Policies to make sure that they conform to the Internet Safety Policy requirements of the Act.These sections have been specifically assigned to local decision-making. Listed below are the issues that the Library's Acceptable Use Policy must include to meet CIPA requirements with notations underneath each issue that refer to the Library's policy: • Access by minors to inappropriate matter on the Internet and World Wide Web • The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications; • Unauthorized access,including so-called"hacking,"and other unlawful activities by minors online; • Unauthorized disclosure,use,and dissemination of personal information regarding minors;and • Measures designed to restrict minors'access to materials harmful to minors. :iiiitibit4.TeliAtitlitttatiNANCESAVICERagenliOrtiMPROVEttangeritAMMASi IMAntERWAVVIARCTIMMARTERMWMElligaenettiallingiMiSEMEN In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of , 2002 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wvlie.t.x.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Page 3 of 3 MINUTES Wylie City Council Tuesday, June 25, 2002 — 6:0 0 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Council Present: Mayor John Mondy, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Councilman Joel Scott was absent. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Chris Hoisted, City Engineer; Claude Thompson, City Planner and Barbara Salinas, City Secretary Warner Washington, St Anthony's Catholic Church was present to provide the invocation and Councilman Hogue was asked to lead the Pledge of Allegiance. atarrit None. OAST- ! Pil • Administer Oath of Office to newly appointed and reappointed Board and Commission Members. The Mayor administered the Oath of Office to all newly appointed and reappointed Board and Commission Members. A. Approval of the Minutes from the Public Hearing of June 10 and Regular Meeting of June 11. B. Consider and act upon approval of a Replat for Lot 5R, Block A, Century Business Park Addition, being a Replat of Lot 1A,Block A of Century Business Park according to the plat recorded in Volume N, Page 349 of the Map Records of Collin County, Texas, and Lot 5, Block A of Century Business Park according to the plat recorded in Volume J, Page 692 of the Map Records of Collin County, Texas, and being a certain 5.043 acre tract of land situated in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. With regard to Consent Agenda Item A, the following corrections and additions were made. On the June 11 Regular Meeting Minutes, Page 2, Item 1, first paragraph, insert Councilman Hogue's name as the second to the motion. Also Page 1, Call to Order, let the minutes reflect that Mayor Mondy was absent. Minutes—June 25,2002 Wylie City Council Page 1 With no further corrections or additions, Councilman Hogue made a motion to approve Consent Agenda Items A and B. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Mayor Mondy absent. ItatranitageOSSINOOKONEMEMIMENEMBEEMEMIENEREMEGMBEiillillil Councilman Worley abstained from the vote and completed the required affidavit stating conflict of interest. 1. Consider and act upon an agreement with D.R. Horton, Inc. for reimbursement through impact fees for the oversizing of a sewer line to serve the Riverchase development. Mr. Chris Hoisted, City Engineer, addressed this item,providing Council with a brief background on the agreement. He stated that the Riverchase development is located generally north of McMillen Road and west of FM 1378 directly across from the Newport Harbor development. D.R. Horton installed approximately 2,700 linear feet of 21" gravity sewer line to serve the development. The sewer line is shown on the City's sewer master plan and ties into the existing sewer line located south of McMillen Road. The proposed agreement allows the developer to receive reimbursement through impact fees for the oversizing of the sewer line, which is the difference in cost from a 12-inch to a 21-inch sewer line. The sewer line is identified on the City's Capital Improvements Plan and included in the current impact fee calculation. Easement, surveying and inspection cost are not reimbursable to the developer per this agreement. The cost of the 21-inch offsite sewer line is $202,943.00 and the cost of a 12-inch offsite sewer line is $75,404.00. The credit due to D.R. Horton is $127,539.00. Councilman Young made a motion to approve the agreement with D.R. Horton, Inc. for reimbursement through impact fees for the oversizing of a sewer line to serve the Riverchase development. Councilman <> seconded the motion. A vote was taken and the motion was approved, 5-0. Mayor Monday absent and Councilman Worley abstained. 2. Consider and act upon approval of a Resolution authorizing the application for a Collin County Park and Open Space Grant for the purposes of improving playground facilities at Community Park and for installation of facilities adjacent to Birmingham Elementary School. Mr. Mike Sferra, Director of Development Services, addressed this item providing Council with a background on the intent of the proposed Resolution. He stated that the 1998 Collin County Bond election established a pool of funding for park and open space development in Collin County and that the County has established a matching grant system as the means of distributing the funding throughout the County. A total of$1.3 million dollars are currently available. Mr. Sferra explained that two separate grant applications are being developed by staff. One proposed grant application would be for the improvement of Community Park, located at 800 Thomas, and the other is for the improvement of parkland adjacent to Birmingham Elementary School, located at 700 West Brown Street. The grant is generally set up as a reimbursement program; however, direct payment may be considered by the County under special circumstances. For the Birmingham location, the City's match will be covered by the value of the land which is approximately $30,000 per acre and a minimum park size of at least 4 acres for a total match of at least $120,000. Additional matching funds for the Birmingham site will be made available through the participation of the Wylie Independent School District (WISD) through a Parent Teachers Association (PTA) affiliated with Birmingham Elementary School. The WISD's participation is approximately $15,000. Their letter of commitment will be submitted with the grant request. Minutes—June 25,2002 Wylie City Council Page 2 For the Community Park location, the City's match will be a combination of in-kind contributions of labor, equipment, and materials. The exact amount of matching funds required for City participation is currently being determined as staff is in the process of finalizing a proposed project budget. It is anticipated that the City's matching fund commitment will be approximately $50,000 and that there is sufficient funding in the 4B Reserve Fund and/or parkland dedication funds for expenditures. These sources would be reimbursed as funds are received from the County. Staff is recommending approval of the Resolution authorizing the application for a County Park and Open Space Grant. Councilman Hogue made a motion to approve the Resolution authorizing the application for a County Park and Open Space Grant. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Scott absent. 3. Consider and act upon a Resolution denying TXU Gas Distribution's request to change rates in the North Texas Metroplex Distribution System. Ms. Mindy Manson, Assistant City Manager addressed this item providing Council with a brief background on the intent of the proposed Resolution. On March 1, 2002 TXU Gas Distribution Company filed a Statement of Intent with 111 cities to increase the rates charged for natural gas service within the North Texas Metroplex Distribution System and the Dallas Distribution system. The Council approved a Resolution on March 25 authorizing the City to participate jointly with other cities in the distribution system to independently analyze the gas rate filing and to appoint a representative to a steering committee. The Resolution also suspended the proposed effective date of the rate change for an additional 90 days to July 5. On May 29 the member cities of the coalition voted to urge cities to deny the request, unless a settlement could be negotiated. Settlement negotiations began on June 3 and are continuing. However, because of the effective date of the rate change, the attorney representing the coalition has recommended that Council consider approval of the Resolution at the last meeting in June. If a settlement agreement is reached, TXU will extend the effective date. It was noted that the cities of Garland, Arlington and Sachse have already approved resolutions denying the rate increase, with many other cities scheduled to do the same. If the Council chooses to deny the Resolution and accept the settlement, TXU will extend the deadline for city action. Mr. Greg Huckaby, TXU representative was present to address any questions or concerns of the Council. There was some discussion regarding the actions of other cities, specifically, the City of Dallas, who accepted the settlement. Mr. Huckaby clarified that the cities that approved the Resolution are excluded from the appeal and litigation process. Councilman Trout made a motion to approve the Resolution denying TXU Gas Distribution's request to change rates in the North Texas Metroplex Distribution System. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Scott absent. With no further business to come before the Council,the meeting was adjourned at 6:23 p.m. John Mondy,Mayor ATTEST: Barbara Salinas,City Secretary Minutes—June 25,2002 Wylie City Council Page 3 WYLIE CITY COUNCIL AGENDA ITEM NO. July 9, 2002 Issue Consider and act upon a Final Plat for the Wooded Creek Estates, Phase I Addition,being all of a certain 20.171 acre tract of land generally located north of Lakeside Drive and the Lakeside Estates II Addition and east of Springwell Parkway and the Sage Creek V,VI,and VII Additions,being part of that tract of land described in a deed to Wooded Creek Estates, Ltd. as recorded in Volume 5090, Page 1590,Deed Records of Collin County, Texas, and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Background The Final Plat for Phase 1 of the Wooded Creek Estates Addition includes 20.171 acres and will create 75 single-family residential lots. A future Phase 2 will create an additional 75 lots and provide the open space for both phases of the Addition. The Planned Development District (PD 01-46), which established the zoning requirements for the Wooded Creek Estates Addition,provides for an overall average lot size of8,500 square feet. No lot shall be less than 7,200 square feet, and there shall be no fewer than 97 lots having a minimum size greater than 8,500 square feet. Approximately 33 of the 75 proposed lots i4i Phase 1 are over 8,500 square feet. The Preliminary Plat for the overall 41.74 acre project was approved by the City Council on December 11, 2002. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to tie issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the Concept Plan of the approved Planned Development District and to the approved Preliminary Plat. The Plat also complies with all applicable technical requirements of the City of Wylie. 2. The Plat dedicates right-of-way for the completion of Lakefield Drive. 3. The Plat provides access to the landlocked 39-acre tract to the north. Board/Commission Recommendation At the June 18, 2002, Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat /Ltd C/Zir----. Prepared by R by Finance City Mana pproval WYLIE CITY COUNCIL AGENDA ITEM NO. C. July 9, 2002 Issue Consider and act upon a Final Plat for the Sage Creek Phase VII Addition, being all of a certain 29.3347 acre tract of land generally located east of Springwell Parkway and north of Sage Creek Phase VI and south of Phase IV,being part ofthat tract ofland described in a deed to Ashton Custer, L.L.C., as recorded in County Clerk's File No. 98-0008878,Deed Records of Collin County,Texas and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Coffin County, Texas. Background The Final Plat for Phase VII of the Sage Creek Addition includes 29.3347 acres and will create 135 single-family residential lots of a minimum size of 7,200 square feet. Open space requirements are being met in adjacent phases of this addition. The Sage Creek Addition was established by a Planned Development District(PD 99-9)in 1999,as a revision to the earlier Lakeside Estates Planned Development District(PD 98-5). Final Plats have subsequently been filed and public infrastructure accepted for Phases I,II,III,IV,V and VI as well as for an Amenity Center of this Addition. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Preliminary Plat. The Plat also complies with all applicable technical requirements of the City of Wylie. 2. No open space or parkland was dedicated by this Plat. The Sage Creek Phase IV Plat dedicated 10.4916 acres of public open space on December 11, 2002,which in addition to previous open space and parkland dedications satisfies the requirement. 3. Alleys are not provided by the Plat,as the approval by the City Council ofthe Concept Plan ofthe Planned Development District constitutes a waiver of the required alleys. Board/Commission Recommendation At the June 18, 2002, Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by Re Finan ity M ger Approva WYLIE CITY COUNCIL AGENDA ITEM NO. D July 9, 2002 Issue Consider and act upon a Final Plat for the Bachon Townhomes Addition,being all of a certain 14.015 acre tract of land generally located south of Fleming Street, west of Cottonbelt Avenue and immediately west of Rustic Oaks, Section 1, Phase 4,being part ofthat tract of land described in a deed to Bachon Investments, L.P., as recorded in County Clerk's File No. 01-0129647, Deed Records of Collin County,Texas and being situated in the S.B. Shelby Survey,Abstract No. 820,City of Wylie, Collin County, Texas. Background The Final Plat for the Bachon Townhomes Addition will create a single lot of 14.015 acres to accommodate approximately 120 apartment dwellings,reflecting a density of approximately 8.5 units per acre, as well as provide parking and open space. Major drainage easements accommodate storm water flow and detention through the western portion of the site. Internal streets will be private, constructed to City requirements, and are provided for as access easements on the Plat. A Site Plan was approved for this development by the Planning and Zoning Commission on February 19, 2002. A Preliminary Plat for the subject development was approved by the City Council on February 26, 2002. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees—Paid The Applicant is aware that development impact fees must be paid prior to tjie issuance of a building permit. Other Considerations 1. The Final Plat substantially conforms to the approved Preliminary Plat and complies with all applicable technical requirements of the City of Wylie. 2. A major drainage easement bisects the western half of this tract from north to south and additional easements were added to this plat to address the needs of the new development currently under design to the west. Board/Commission Recommendation At the June 18, 2002, Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by f Revi d by Finance City Manag r Approval WYLIE CITY COUNCIL AGENDA ITEM NO. E . July 9, 2002 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 5 Addition,being all of a certain 5.259 acre tract ofland east of Country Club Road(F.M. 1378)andnorth of Park Boulevard,being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C. McUlmurry Survey,Abstract No. 629,and the C.Atterberry Survey,Abstract No. 22,City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create five separate lots for retail uses,totaling 5.259 acres. The Plat dedicates additional right-of-way for the future widening of Country Club Road and provides an easement for common access across the frontage of the lots. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official-Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels) to Neighborhood Services (NS) retail uses. The Preliminary Plat was submitted and accepted for review prior to the Coµncil's consideration of rezoning,thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. The Preliminary Plat was approved by the City Council on December 11, 2001. Section 4.05.G of the Subdivision Regulations states that"the approval of a Preliminary Plat by the City Council shall be effective for a period of one hundred eighty(180)days after the approval date. If a Final Plat for the subdivision or a portion thereof,has not been submitted at the end of one hundred and eighty(180) days after approval, then the Council will declare the Preliminary Plat null and void." Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees—Paid The Applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Preliminary Plat and complies with all applicable technical requirements of the City of Wylie in force when the Preliminary was approved. 2. The proposal generally complies with the recommendations of the Comprehensive Plan and will serve as the recommended Village Center, with its adjacency to the existing school. Board/Commission Recommendation At the June 18, 2002, Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of-this Fmal Plat. The Commission also approved a Site Plan for the proposed development at the June 18th meeting. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by R ed y Financ City Man Approval WYLIE CITY COOUNCIL AGENDA ITEM NO. F. July 9, 2002 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 6 Addition,being all of a certain 14.235 acre tract ofland east ofCountry Club Road(F.M. 1378 and south of Park Boulevard,being part of that tract of land described in a deed to Birmingham Land LTD.3 as recorded in County Clerk's File No. 94-0029675,Deed Records of Collin County,Texas and situated in the C.Atterberry Survey,Abstract No. 22, City of Wyli , Collin County, Texas. Background The Final Plat under consideration will create three separate lots for retail uses,totaling 14.235 acres. The Plat dedicates additional right-of-way for the future widening of Country Club Road and Park Boulevard, and provides easements for common access connecting all lots. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map specifically rezoning the subject property (as well as other Birmingham Land parcels)to Neighborhood Services(NS)retail uses. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. The Preliminary Plat was approved by the City Council on December 11, 2001. Section 4.05.G of the Subdivision Regulations states that"the approval of a Preliminary Plat by the City Council shall be effective for a period of one hundred eighty(180)days after the approval date. If a Final Plat for the subdivision or a portion thereof;has not been submitted at the end of one hundred and eighty(180) days after approval,then the Council will declare the Preliminary Plat null and void." Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved l y the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees—Paid The Applicant is aware that development impact fees must be paid prior to tie issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Preliminary Plat and complies with all applicable technical requirements of the City of Wylie in force when the Preliminary was approved. 2. The proposal generally complies with the recommendations ofthe Comprehensive Plan,and will serve as the recommended Village Center in association with the existing school. Board/Commission Recommendation At the June 18, 2002, Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this Final Plat. The Commission also approved a Site Plan for the proposed development at the June 18th meeting. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by by Finance City Approval WYLIE CITY COUNCIL AGENDA ITEM NO. G July 9, 2002 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 7 Addition,being all of a certain 11.845 acre tract of land north of Brown Street(F.M. 3412)and east of Country Club Road(F.M. 1378),being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C. Atterberry Survey,Abstract No. 22, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create a single lot of 11.85 acres fOr retail uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street. The property has been zoned to allow Business/Commercial uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property(as well as other Birmingham Land parcels)to Neighborhood Services(NS)retail uses. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as Business-2 uses in accordance with requirements of the Zoning Ordinance and Map then in force. The Preliminary Plat was approved by the City Council on December 11, 2Q01. Section 4.05.G of the Subdivision Regulations states that"the approval of a Preliminary Plat by the City Council shall be effective for a period of one hundred eighty(180)days after the approval daite. If a Final Plat for the subdivision or a portion thereof,has not been submitted at the end of one hundred and eighty(180) days after approval,then the Council will declare the Preliminary Plat null and void." Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applical le regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The Applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Preliminary Plat and complies with all applicable technical requirements ofthe City of in force when the Preliminary Plat was approved. 2. The proposal does not comply with the recommendations of the Com!rehensive Plan that the property be developed for low-density residential uses. 3. This Plat dedicates a 100-foot wide access easement along the rear property line for storm water management. Board/Commission Recommendation At the June 1g, 2002, Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this Final Plat. The Commission denied a Site Plan for the proposed deveropmentatthe June 18th meeting The Commission approved a revised Site Plan at the July 2, 2002 Planning and Zoning meeting. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by Revi d b Financ City Manag Approval WYLIE CITY COUNCIL AGENDA ITEM NO. July 9, 2002 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 8 Addition,being all of a certain 5.458 acre tract of land north of Brown Street(F.M. 3412)and west of Sanden Boulevard,being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the C. Atterberry Survey, Abstract No. 22 and the D. Williams Survey, Abstract No. 1021, City of Wylie, Coffin County, Texas. Background The Final Plat under consideration will create one lot totaling 5.47 acres for retail uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street and the completion of Sanden Boulevard. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels)to Single-Family 8.5 Residential District. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. The Preliminary Plat was approved by the City Council on December 11, 2001. Section 4.05.G of the Subdivision Regulations states that"the approval of a Preliminary Plat by the City Council shall be effective for a period ofone hundred eighty(180)days after the approval-crate. If a Final Plat for the subdivision or a portion thereof;has not been submitted at the end of one hundred and eighty(180) days after approval, then the Council will declare the Preliminary Plat null and void." Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The Applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Preliminary Plat and complies with all applicable technical requirements of the City of Wylie in force when-the Preliminary Plat was approved. 2. The proposal does not comply with the recommendations of the Comprehensive Plan that the property be developed for low-density residential uses. Board/Commission Recommendation At the June 18, 2002, Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this Final Plat. The Commission also approved a Site Plan for the proposed development at the June 18th meeting. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by R ed y Financ City a ger Approval WYLIE CITY COUNCIL AGENDA ITEM NO. Z . July 9, 2002 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 9 Addition,being all of a certain 11.567 acre tract of land north of Brown Street (F.M. 3412) and east of Sanden Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD.1 as recorded in County Clerk's File No. 94-0029675,Deed Records of Collin County,Texas and situated in the C.Atterberry Survey, Abstract No. 22, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create four separate lots totaling 11.567 acres for retail uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street. This Plat provides easements for common access,connecting all lots. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels)to Single-Family 8.5 Residential District. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. The Preliminary Plat was approved by the City Council on December 11, 2001. Section 4.05.G of the Subdivision Regulations states that"the approval of a Preliminary Plat by the City Council shall be effective for a period ofone hundred eighty(180)days after the approval date. If a Final Plat for the subdivision or a portion thereof,has not been submitted at the end of one hundred and eighty(180) days after approval,then the Council will declare the Preliminary Plat null and void." Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The Applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations 1. The Final Nat substantially conforms to the approved Preliminary Plat and complies with all applicable technical requirements of the City of Wylie in force when-the Preliminary Plat was approved. 2. The proposal does not comply with the recommendations of the Comprehensive Plan that the property be developed for low-density residential uses. Board/Commission Recommendation At the June 18, 2002, Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this Final Plat. The Commission also approved a Site Plan for the proposed development at the June 18th meeting. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat epared by Revie by finance City Man er Approval WYLIE CITY COUNCIL AGENDA ITEM NO. . July 9, 2002 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase lfi Addition,being all of a certain 13.551 acre tract of land north of Brown Street (F.M. 3412) and east of Sanden Boulevard,being part of that tract of land described in a deed to Birmingham Land LTD.,, as recorded in County Clerk's File No. 94-0029675,Deed Records of Collin County,Texas and situated in the D.Williams Survey,Abstract No. 1021, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create a single lot totaling 13.55J acres for multi-family residential uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street. The property has been zoned to allow Multi-Family Residential uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property(as well as other Birmingham Land parcels)to single-Family 8.5 ResidentiaL The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning, thus vesting the right to develop the property as multi-family residential in accordance with requirements of the Zoning Ordinance and Map then in force. The Preliminary Plat was approved by the City Council on December 11, 2901. Section 4.05.G of the Subdivision Regulations states that"the approval of a Preliminary Plat by the City Council shall be effective for a period of one hundred eighty(180)days after the approval date. If a Final Plat for the subdivision or a portion thereof,has not been submitted at the end of one hundred and eighty(180) days after approval,then the Council will declare the Preliminary Plat null and void." Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicahle regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The Applicant is aware that development impact fees must be paid prior to tie issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Preliminary Plat and complies with all applicable technical icqu.irrmeuts of the City of Wylie in force-when the Preliminary Plat was approved. 2. The proposal generally complies with the recommendations of the Comprehensive Plan that the property be developed for medium-to high-density residential uses in association with the neighboring Village Center Retail and school. Board/Commission Recommendation At the June 18, 2002, Planning and Zoning Commission meeting, the-Commission voted 7-0 to recommend approval of this rural Plat. The Commission tabled discussion of a Site Plan for the proposed development in order for the applicant to consider recommended revisions. The Commission approved a revised Site Plan at the July 2, 2002 Planning and Zoning meeting. Staff Recommendation Approval. The Departments-of Planning,Engineering,Development Serces,Public Works and Fire concur with this recommendation. Attachments Final Plat Prepared by R by Fin City M royal WYLIE CITY COUNCIL AGENDA ITEM NO. July 9, 2002 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 11 Addition,being all of a certain 18.393 acre tract of landaorth ofBrown Street(F.M. 3412)and west afWestgate Way,being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the D. Williams Survey, Abstract No. 1021, City ofWylig, Collin County, Texas. Background The Final Plat under consideration will create a single lot totaling 18.393 acres for an assisted living facility for the aged. The Plat dedicates additional right-of-way for the future widening of West Brown Street. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map,rezoning the subject property(as well as other Birmingham Land parcels)to Single-Family 8.5/17 Residential Distrit. The subject Plat was submitted and accepted for review prior to the Council's consideration of rezoning,thus vesting the right to develop the property as retail in accordance with requirements of the Zoning Ordinance and Map then in force. The Preliminary Plat was approved by the City Council on December 11, 2p01. Section 4.05.G of the Subdivision Regulations states that"the approval of a Preliminary Plat by the City Council shall be effective for a period ofone hundred eighty(180)days after the approval date. If a Final Plat for the subdivision or a portion thereof;has not been submitted at the end of one hundred and eighty(180) days after approval,then the Council will declare the Preliminary Plat null and void." Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicatle regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Plat application fees—Paid The Applicant is aware that development impact fees must be paid prior to tie issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Preliminary Plat and complies with all applicable technical requirements of the City of Wylie in force when the Preliminary Plat was approved. 2. The proposal does not comply with the recommendations of the Comprehensive Plan that the property be developed for medium- to high-density residential uses. Board/Commission Recommendation At the June 18, 2002, Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this Final Plat. The Commission also approved a Site Plan for the proposed developmentatthe June 18th meeting. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat l F—� Prepared by Re ' by Finance City M er Approval WYLIE CITY COUNCIL AGENDA ITEM NO. L • July 9, 2002 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 12 Addition,being all of a certain 3.126 acre tractof land north ofBrown Street(F.M. 3412)and east ofWestgate Way,being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County, Texas and situated in the D. Williams Survey, Abstract No. 1021, City ofWylii, Collin County, Texas. Background The Final Plat under consideration will create a single lot totaling 3.126 acres for retail uses. The Plat dedicates additional right-of-way for the future widening of West Brown Street. The property has been zoned to allow Retail uses since 1985. On November 13, 2001, the City Council adopted a revised City-wide Official Zoning Map, specifically rezoning the subject property (as well as other Birmingham Land parcels) Single-Family Residential(S -8.5/17) District. The subject Plat was submitted and accepted for review prior to the Council's consideration ofrezoning, thus vesting the right to develop the property as retail in accordance with requirements ofthe Zoning Ordinance and Map then in force. The Preliminary Plat was approved by the City Council on December 11, 2001. Section 4.05.G of the Subdivision Regulations states that"the approval of a Preliminary Plat by the City Council shall be effective for a period of one hundred eighty(180)days after the approval date. If a Final Plat for the subdivision or a portion thereof;has not been submitted at the end of one hundred and eighty(180) days after approval,then the Council will declare the Preliminary Plat null and void." Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations Nat application fees—Paid The Applicant is aware that development impact fees must be paid prior to tie issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the approved Preliminary Plat and complies with all applicable technical requirements ofthe City of Wylie in fox ce when the Preliminary Plat was approved. 2. The proposal does not comply with the recommendations ofthe Comprehensive Plan that the property be developed for medium-to high-density residential uses. Board/Commission-Recommendation At the June 18, 2002, Planning and Zoning Commission meeting,The Commission voted 7-0 to recommend approval of this Final Plat. The Commission also approved aSite Plan for the proposed development at-the June 18th meeting. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat (ILA Prepared by Revie by Finance City Man er Approval ` LIE CITY COUNCIL AGENDA ITEM NO. I July 9, 2002 Issue Hold the second of two Public Hearings for the annexation of 52.291 acres out of the Duke Strickland Survey, Abstract 841 and the 1. Clifton Survey, Abstract No. 193, Collin County, Texas, generally located at the southwest corner of FM 544 and Sanden Blvd. Background In 1995, the City of Wylie annexed a large area of land, generally located along F.M. 544 in the western portion of the City. Due to a error in a legal description, 52.3 acres bounded by Muddy Creek on the west, F.M. 544 on the north and Sanden on the east was never officially annexed into the City as earlier believed. The property includes two businesses and agricultural uses. Should the City Council approve the proposed annexation, the property will be zoned as BC(Business Center). Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings June 26, 2002 First Public Hearing July 8, 2002 Second Public Hearing July 9, 2002 Adoption of Ordinance August 13, 2002 Financial Consideration The current property tax rate for the City of Wylie is .72 per$100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h)(1) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service P1 f � Prepared y Review y Finance City Man r Approval WYLIE INDEPENDENT SCHOOL DISTRICT \ TRACT II % 9.9031 ACRES ...'`-...„.......... CC# 95-0012337 % ... P h a& \...... PRANCES B. TIFLIS __ _ -.... ''Kr. VOL 90, PG. 138 -............. 544 IlirN .......................................,.....................................................................................x.............:..................................................................x............................,........................................ ...........:.:•:.:..............................-......................„.................,...........................................................................................,............................................................,. .......................................................,.................,.........................................................................................................,.................................................,.....,.. ..........................................................................,....................................................................................................................................................... .., .............................,............................,.....,...........................................,.............................,...................................................................,.....•... ....• ..........................................................................................................................................................................................,.... ........................................................................................ .••.••.•.••..•.••..••..••••••••••••.•...• ..................... ... ... F.O. BIRMINGHAM SC ? 4OG128 ... . MEMORIAL LAND TRUST EE INDEPENDENT SCHOOL DISTRICT ........... .............................. TRACT I ........ ..... .•... 33.89133 ACRES ............... "•"'•'•''••"'•''••••••• ..................................................... TRACT E REMAINDER TRACT CC# 92-0091826 •••.••• ........................ CC# 96-0012336 •••• ................................................................................................•............. ................................................................................................................................ '' ,g...... CO I ........ claxvit ''.'.'.'.'..:.' 92-0091825%;•::..........,.... to ................. .. co 0 E S 1 THE WYLIE INDEPENDENT SCHOOL A 6 DISTRICT BOARD OF TRUSTEES 8.81388 ACRES ................................................ .......,....... CC# 95-0042768 o-4 M 6 10 - VOL 6120, PG 3027 CITY OF WYLIE. THE WYLIE INDEPENDENT SCHOOL DISTRICT .................. • ........... ......................................................... ... BARRY PATRICK:."... - ..........5.00 A .... TRACT A d".'.•:.VOL.4719, PG. iiik.. ... R 37.247 ACRES • . •• ••••••••..... •CC# 92-0092602 :.•' ''."•••••••••• .• •.•.•.•.•.•.'.'.•.•...',•.'.•.'.'.'..'. ................................ .... •................ . 1 OR .......,......................... ... A,A a •,•,•;;;;;;,•.•.'.'.•.•.•.-.% 0 t ".•.•:.".•.,•.V.'.•.".. ., 1 ......... .. 14"34......... .. •'''••' '..........,.... ......................... .... ......... , ...... .. .. .•.•.•.• .' .'.•.'.'.' .• ............... .•:.•.".•:. *. .'.•:::::. '. •.•.':.•:.•.:. A, i •.•.••.•.•.•..• 11, r I rPREMIER INDUSTRIAL PARK CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 52.291 acres SURVEY, ABSTRACT & COUNTY: Duke Strickland Survey, Abstract 841 and the I. Clifton Survey, Abstract No. 193,City of Wylie,Collin County,Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas(the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty(60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie,but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City,upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mars of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARy SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one- half(4 1/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance,whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. July 9, 2002 Issue Consider and act upon an Ordinance annexing all of a certain 1.5 acre tract out of the Francisco de la Pina Survey,Collin County, Texas;generally located west of Eubanks Street,north of Hwy 78. Backiround This annexation is initiated by the City of Wylie. The property is located west of Eubanks,north of Hwy 78. Should the City Council approve the proposed annexation,the property will be temporarily zoned as A (Agricultural)until permanent zoning is established. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings May 29, 2002 First Public Hearing June 10, 2002 Second Public Hearing June 11, 2002 Adoption of Ordinance July 9, 2002 Financial Consideration The current property tax rate for the City of Wylie is.72 per$100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052 (h)(1) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Area Map Service Plan epare Review y inance ity M ger Approval Ordinance No. AN ORDINANCE ANNEXING A CERTAIN 1.5 ACRE TRACT OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILTTY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.1363, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth(20th)day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety(90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publiching requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie. SECTION 2: The Service Plan for the Property is attached hereto as `Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 9th day of July, 2002. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS, City Secretary Exhibit "A" BEING a tract of land situated in the Francisco de la Pina Survey, Abstract 688, Collin County Texas, and being more particularly described as follows: BEGINNING at a point in the centerline of a county road, said point being the Northeast corner of said 2.623 acre tract on the South line of the G.C. & S.F. Railroad R.O.W., a point for corner; THENCE, South, along the centerline of a county road, a distance of 220.00 feet to a point for corner: THENCE, West, leaving the said centerline of a county road, a distance of 220.00 feet to a point for corner; THENCE, North, a distance of 234.68 feet to a point on the south line of the G.C. & S.F. Railroad R.O.W., a point for corner: THENCE, North 60 deg. 28' East, along the said South line of the G.C. & S.F. Railroad R.O.W., a distance of 252.85 feet to the PLACE OF BEGINNING and containing 1.50 acres of land. Exhibit `B" CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 1.50 acres SURVEY,ABSTRACT &COUNTY: Francisco de la Pina Survey,Abstract 23, Collin County,Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas(the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60)days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty(60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient persgnnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this nrnnerty ntili7inu nrivate collection cervices at the time of annexatinn shall cnntimie to (In cn until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City,upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications,that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mars of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. L SANITARY' SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one- half(4 1/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. i i i i , 0: i . L.._.._.. i •: 4. .: . 9• i ` $ i .J ` ! i , i i \ i i ` ., I / 177`• ` i .r \'O \ i Z \s ',. i i p C H "8 .Ima CP 9`• i TO:0 irl t, Euban s ne i i j i i >,a.•�u... t. t i i rto Fr i i i i i \ \\ \ `•. i i 69 ma i j 00 1 \` '` 1 OSS i i • 1111111 i in , . 111111111111111 i i Q \ ` ` IIIIIIIIIII i • g i • .•. , t \.p''•• . `.-• ` �.,` n.._.._.._. i j '4 ��R=� Q \ \ WYLIE CITY COUNCIL AGENDA ITEM NO. 3 , July 9, 2002 Issue Consider and act upon an Ordinance annexing all of a certain 34.036 acre tract out of the A. Atterberry Survey, Collin County, Texas;and generally located west of F.M. 544. Background A request for voluntary annexation has been submitted by the owner of the above referenced property, William C. Collins, Jr. The property is located west of F.M. 544 and generally east of Community Park. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings May 29, 2002 First Public Hearing June 10, 2002 Second Public Hearing June 11, 2002 Adoption of Ordinance July 9, 2002 Financial Consideration The current property tax rate for the City of Wylie is .72 per$100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.052(hX2) and 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Ordinance Area Map Service Plan f\'\ Prepared Re ' ed by Finance City Manag Approval Ordinance No. AN ORDINANCE ANNEXING ALL OF A CERTAIN 34.036 ACRE TRACT OUT OF THE A. ATTERBERRY SURVEY, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie) Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property(the "Property")to Wylie;and WHEREAS, prior to conducting the public hearings required under Section 43.063, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie;and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2)public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds that the public hearings were conducted on or after the fortieth (40th) day but before the twentieth(20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety(90) days after the City instituted the annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie. SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 9th day of July, 2002. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: BARBARA SALINAS, City Secretary Exhibit"A" Being a tract of land situated in the A. Atterberry Survey, Abstract No. 23, Collin County, Texas and being part of a 45.07 acre tract, as recorded in Volume 309, Page 285 of the deed records of Collin County, Texas and being more particularly described as follows: BEGINNING at a point on the west line of F.M. 544, said point being on the south line of said 45.07 acre tract, a %2 inch iron stake found for corner; THENCE South 89 deg. 44' 41"West, leaving the west line of F.M. 544 a distance of 1991.79 feet to a %2 inch iron stake found for corner; THENCE North 01 deg. 34'20"West, a distance of 776.66 feet to a V2 inch iron stake found for corner; THENCE East a distance of 1752.64 feet to a fence corner post for corner; THENCE South 03 deg. 24'O1"East, a distance of 204.58 feet to a fence corner post for corner; THENCE South 89 deg. 51'39"East, a distance of 217.03 feet to a %2 inch iron stake found for corner; THENCE along the west line of F.M. 544,the following: South 01 deg. 30'48"West, a distance of 100.50. feet to a Y2 inch iron stake set for corner; South 04 deg. 11'50" East, a distance of 463.53 feet to the PLACE OF BEGINNING and containing 34.036 acres of land. Exhibit"B" CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 34.036 acres SURVEY,ABSTRACT &COUNTY: A.Atterberry Survey,Abstract 23,Collin County,Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas(the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty(60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty(60)days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie,but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of thic nrnnerty ntili7ina private collection cervicec at the time ofannexatinn chaff cnntimie to do co until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City,upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. L SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for canitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one- half(4 1/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance,whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. I 41,,,,,„.,„4: s __."� " ;!- ���■■i�■ 11111111111111111111�i■ =11: 11111111 v�. g, .. Yee \ wilk \ • � �!� _______ � ililiiHH ...,..ui fit, .■.a i �. i 1 �, 1 I' �i�. _-1-- '-�- ' /` -1--•---. :■■■■■IIIMuuiiiuip __I_ _ II .1,14... 1,,,I.V.A0V _ :!i Elf -' SAISIM .., lans A I I I I IP"-4,;,, Ai, -a all MN -Alt- *IN::: gel; kik :1•11$11 os H ma --- Lig ,..,,,,,...aiii„1...„,:m.. MN _)in �J ___ I I all NW 11111/4111, ilimm......1 .111111 _ 1. an.t. tif"'—anne ,,,k ---.§- ,_ ..-3?...2..________F , 20- miruimumiQ".iiiiiii . 11.11ftrwiamiag illt I., F. M. 5� ___•__--- �I 1 ritair470,7,:...0- •,. . --1- I I .., / mornelo timmlari _ ---• Li ___________.. -------- - .—_ ro p-1,Piss* unimmufauwini I .1-z..1 1 1 1 r I 1111 I , 1 {.__ 211° -_-_-_-_-____ . . f---1r 1 L5.07----) Nil 7 r. --- __._. I r ' nAal WYLIE CITY COUNCIL AGENDA ITEM NO. y . July 9, 2002 Issue Consider and act upon approval of She sevise4Rita and Truett Smith Public Library's.Intemet Use Policy to meet CIPA (Children's Internet Protection Act)requirements. These changes are necessary for the Library to continue to receive ERATE funding. Background The American Library Association (ALA) announced that a Federal Court has ruled that cIPA (Children's Internet Protection Act) requirements for filtering in public libraries are unconstitutional. This is great news for all libraries. However, please note that the decision was limited and did not eliminate all requirements for all libraries that receive E- Rate discounts. Under CIPA, libraries that are covered must review their existing Acceptable Use Policies to mace sure that they conform to the Internet Safety Policy requirements of the Act. These sections have been specifically assigned to local decision- making. No federal agency is permitted to establish criteria for how a library is to address the elements below. Nor may a federal agency review decisions made by local library authorities, or even consider the criteria a library used in making those decisions. Listed below are the issues that the Library's Acceptable Use Policy mu§t include to meet CIPA requirements with notations underneath each issue that refer to the Library's policy: a. Access by minors to inappropriate matter on the Internet and World Wide Web (Purpose Section paragraph 2,Responsibility of Users Section paragraph 2 and 4,and Library Developed Web Pages) b. The safety and security of minors when using electronic mail,chat rooms,find other forms of direct electronic communications; (Internet Functions Supported) c. Unauthorized access,including so-called "hacking," and other unlawful activities by minors online; (Rules for Internet Access#8) d. Unauthorized disclosure,use,and dissemination ofpersonal information regarding minors; and (Responsibility of Users paragraphs 2,3, and 4) e. Measures designed to restrict minors' access to materials harmful to minors. (Responsibility of Users paragraph 4 and Library Developed Web Pages) The Library's policy has been revised and reviewed by the City Attorney's office to ensure all five issues are included. The added policy information is in bold and content that refers to the issues is highlighted in red. NETLS will be providing a workshop on CIPA compliance in mid-August. The Library Director is planning to attend. Information from that meeting will be presented to the Board at the September meeting. There are two minor changes in the policy not related to CIPA. It is a clarification on email access. The policy states we don't offer email, which means that the library will not setup email accounts for patrons. However, it is impossible to block free web-based email sites like hotmail, yahoo, and others. Patrons do come in and check email and that cannot be stopped. The policy has statements which have been clarified so that patrons can understand the policy. The second change is the procedure for logging on to the Internet. Patrons are no longer required to sign in at the desk because the Library offers patron authentication. They can log in at the computer. Library cards are still required to use the Internet. Other Considerations The:-City Attorney reviewed the age that was added the Library's policy. financial Considerations According to the USAC(Universal Services Administrative Company) Schools and Lihraries_.division-funding letter for Year 5(7/01/02 to 6/30/2003),the Library will receive$3820 in discounts. The discounts are for the T-1 line and regular phone service. Board/Commission Recommendation The Board approved-the revised policy on June 25, 2002 Staff Recommendation Staff recommends adoption of the revised policy. Attachments RevisedinternexPlicy. (Additions are in bold). 2 News articles par=4'. Revi by Finance Ci Manager royal INTERNET USE POLICY SUBMITTED TO THE LIBRARY ADVISORY BOARD FOR REVIEW OF CIPA GUIDELINES ON JUNE 25, 2002. PURPOSE 1) The mission of the Smith Public Library is to provide educational, informational, and recreational resources to patrons of all ages, cultural and economic backgrounds. The Library seeks to protect intellectual freedom, promote literacy, encourage lifelong learning, and provide library materials and information services. In response to advances in technology and an effort to broaden the educational, informational, and recreational resources offered by the Smith Public Library, the Library offers public access to the Internet. 2 The Internet offers access to a wealth of material that is personally, professionally, and culturally enriching to individuals of all ages. It is, however, an unregulated medium with a highly diverse user population. The Library cannot successfully control and monitor all of the vast amount of material accessible via the Internet. In choosing sources to link o the home page, it follows generally accepted library practices. The Library staff members are not responsible for changes in content of the sources to which we link, nor for the content of sources accessed through secondary links. Beyond this, Library staff members do not monitor or control information accessible through the Internet and do not accept responsibility for its content. It is possible that individuals might access information they personally find offensive or disturbing. Individual users must accept responsibility for determining the suitability of content for themselves and their children. Please refer to the "Librarian's Guide to Cyberspace for Parents and Kids" produced by the American Library Association and "Child Safety on the Information Highway" produced by the-Donal Center for Missing and Exploited- Children and Interactive Service Organization. The Library's web page has links to both of these sites. The Smith Public Library does not filter Internet stations. (issue A) INTERNET FUNCTIONS SUPPORTED The Library does not provide electronic mail accounts for patrons , file transfer protocol, Internet Relay Chat, or Newsgroups. Printing is available at 10 cents per copy. Downloading is available. Refer to downloading and saving under the Internet usage guidelines. Patrons may access their web-based email on the Library's computers. (This sentence has been added-for clarification.) (Issue B) RESPONSIBILITY OF USERS Supervising Children's Use 1) The Internet is a global entity with a highly diverse user population and information content. Library patrons use it at their own risk. Many sites carry sexually explicit and other types of information which may be controversial or inappropriate. Parents are responsible for monitoring the Internet activity of their children. Any material that contains child pornography-,obscene>or other illegal activities(criminal offenses) are prohibited by Texas State and Federal Laws, A) 2) Access, use, or dissemination of information-via the Internet in the Library is the responsibility of the user.In the case of minors,it is a joint responsibility of the user and the parent or guardian. D) 3) The public library, unlike schools,does not serve in loco parerttis(in place of a parent). Librarians cannot act in the place of parents in providing constant care and supervision of children as they explore the Internet. The responsibility for what minors read or view on the Internet rests with parents or guardians. D) 4) The following are-recommended guidelines for parents and guardians to ensure that children have positive online experiences, whether at home or in the library. (IssueD and E) • Explore the wide range of available information and tell your children about sites you consider inappropriate for them. • Encourage children to use sites recommended on the Library's Kid's Page and to avoid sites you consider unsuitable. • Instruct children NEVER to give out personal information (name, address, password, telephone number, credit card number) online. • Teach children to be good online consumers. As with print information, consider the source, date, and accuracy of online information. LIBRARY-DEVELOPED WEBPAGES The Smith Public Library supports the right and responsibility of parents to direct use of the Internet by their own children, and provides convenient access to filtered search engines on all Internet terminals. Filtered search engines (which are not under the control of the Library) may restrict access to sites which could be deemed objectionable, but may also limit access to sites which have legitimate research value. No filtering system is completely effective or efficient. Access to filtered search engines has been-provided, but Library-staff wilt not require thatchildren utilize Filtered Search Engines for their research. The search engines are on the Library Website's Internet Safety Pager A anc E) Choosing and Evaluating Internet Resources It is also impossible to guarantee that data on the Internet is accurate. When evaluating information, consider the source and try to verify it in other databases or Library resources. The Library staff will bg happy to assist you. RULES FOR INTERNET ACCESS Users may not: 1) Use the workstations to gain access to the Library's networks or computer systems or to any other network or computer system. 2) Obstruct other people's work by consuming gratuitously large amounts of system resources or by deliberately crashing any Library computer system. 3) Violate the system security of the library's computers or any computer access through the library's equipment. 4) Make any attempt to cause degradation of system performance. 5) Use any Library workstation for any illegal or criminal purpose. 6) Engage in any activity which is deliberately and maliciously offensive, libelous, or slanderous. 7) Use impolite or abusive language. 8) Interfere with the operation of any computer, alter, damage, or destroy computer programs without the effective consent of the owner or licensee of those resources. These acts may be considered a- misdemeanor or felony crime under Texas state law (SECTION 1 Title 7, Chapter 33, Section 33.02a). (issue,C) 9) Save or download files to the hard drive (drive C). 10) Employ Library systems to falsely identify themselves, falsely represent themselves, the Library or any of its policies, services or practices, or otherwise commit forgery or fraud. 11) Employ Library systems for the purpose of libel, slander, or any form of harassment. 12)Violate Copyright laws. 13)Violate software licenses or agreements. 14) Use the computer for any commercial activity. A violation of these guidelines may result in revocation of access privileges to the library computers and/or the Smith Public Library. You are liable for any damages or other court imposed remedies as a result of: Violation of copyright laws Violation of software license or agreement. Violation of any state or federal law or local ordinance. Destruction of or damage to equipment, software or data access to the library workstations or equipment belonging to the library. Violation of the system security of the library's computers or any computer access through the library's equipment. Disruption of network services. Any other matter prohibited by this policy. The City of Wylie and the Rita and Truett Smith Public Library is not responsible for the loss of any data or damage or liability that may occur from your use of the Library's computer. LIBRARY STAFF GUIDELINES • Staff members may not systematically employ system resources for the purpose of personal commercial gain. • Electronic communications and publications originating from Library systems are considered to be representative of the Library. Staff are to adhere to Library guidelines in this policy. INTERNET USAGE GUIDELINES • Access: Library cards are required for Internet usage. Patrons can sign in at the Internet terminal. Patrons are requested to sign at the information desk. Patrons must read and accept the Internet Policy and Guidelines before going forward and accessing the Internet. Youth under 18 years of age will be required to have parental or guardian permission to access the Internet. While the Library will make every effort to ensure that the use of the Internet is consistent with the Mission statement,parents are encouraged to work_closely with their children in selecting material that is consistent with personal and family values and boundaries. (Issue A)The-Library will provide anti-glare peripheral vision screens. These screens do not provide complete privacy. • Reservations: The Internet terminal may be reserved up to three days in advance. A sign-up sheet will be posted at the checkout counter. Ordinarily a reservation cannot be made for more than thirty minutes. However, library staff may reserve the Internet terminal for longer periods, when demonstrations or training sessions are scheduled. To claim a reservation, you must be present at the beginning of the reserved time period. If you are still absent after five minutes, you will forfeit your right to the reservation. • Time: Users are limited to 30 minutes at a time if others are waiting. If no one is waiting, and the other Internet workstation is not in use, the person may stay on until all computers are in use. In addition, users are limited to a total of one hour per day. • Printing: Printing is allowed, but counts as part of the time limit. It costs 10 cents per page for black and white copies. Color copies are not available. • Downloading/Saving Information: Users are allowed to download and save information. However, the diskette must be purchased from the Friends of the Library at the circulation desk. They may not bring in their own diskettes. This is an effort to prevent viruses. The floppy drive is locked. A library employee can assist you with use of the drive. • Hardware/software: Only library-supplied hardware and software can be used on library computers. • Noise/Crowd Control: To cut down on noise and crowding, no more than three people at a time may cluster around a single Internet workstation. The library reserves the right to lower that limit to two or even one person at a time when necessary. COPYRIGHT Copyright Law prohibits the unauthorized reproduction or distrOution of copyrighted materials, except as permitted by the principles of "fair use". Users may not copy or distribute electronic materials (including electronic mail, text, images, programs or data) without the explicit permission of the copyright holder. Any responsibility for any consequences of copyright infringement lies with the user; the Library expressly disclaims any liability or responsibility resulting from such use. COMPUTER/INTERNET POLICY RELEASE FORM The undersigned acknowledges that he/she has read, understands, agrees to and complies with the Smith Public Library Computer and Internet Policy. Library Patron Name(Please Print) Library Card No. Signature Parent or Legal Guardian By signing below, you choose whether to allow your child 0 access the Internet stations provided by the Smith Public Library. You also agree to all terms and conditions of the Smith Public Library Computer and Internet Usage policy; and you agree that you are fully responsible for your child and any and all information your child accesses on the Internet. The Library will provide anti- glare peripheral vision screens. These screens do not provide complete privacy. Child's Name (Please Print) Library Card No. My child may /may not access the Internet at the Library. Parent or Legal Guardian's Name(Please Print) Library Card No. Parent or Legal Guardians Signature (Please Print) Library Card No. ALA applauds federal court ruling on the Children's Internet Protection Act Page 1 of 3 l:l(q •, a., .a ., .,.:,....4.,, E �` Contacts: Larra Clark/Paige Wasson -,," 312-280-5043/4393 ALA News Release Headl ecs Go Directly to For Immediate Release Q&A May 31, 2002 Legs ation G.Ysm; Litigat;cis . ,:_ Printer-Friendly Format Fy*ate ram' Reg.;ationc& Gu,ddrnuC ren. ;rY:.- ALA applauds federal court ruling on Resources ;tit,,, _,, the Children's Internet Protection Act r ,r :,;-- The American Library Association (ALA) applauds the decision of the federal court in Philadelphia today, which ruled ` �','-F, c.A.t.:;67e unanimously that the Children's Internet Protection Act (CIPA) Sup' , is unconstitutional. The opinion was written by Chief Judge fisFli:a,:IFrc; Edward R. Becker of the Third Circuit and joined by U.S. i District Judges John P. Fullam and Harvey Bartle III. ;;04, `tY_ The three judge panel held that CIPA is unconstitutional because the mandated use of blocking technology on all :"%i_..,_;-;w computers will result in blocked access to substantial amounts of constitutionally protected speech. The Court found that r-i;f.,-;,; ,,7;,;rn- filters both overblock(block access to protected speech) and underblock(allow access to illegal or unconstitutional speech). Printable Format The Court permanently enjoined the Federal Communications Commission (FCC) and Library Services Technology Act (LSTA) from withholding funds from public libraries that have chosen not to install blocking technology on all Internet-ready terminals. As a result, public libraries are not required to install filters on their computers in order to receive funds from Campaign c ! either agency. for , America's Libraries "Filters are not the only—or the best—way to protect children," said ALA President John W. Berry. "Filters provide a false sense of security that children are protected when they are not. The issue of protecting children online is complex, and it requires complex solutions with parents, librarians and community members working together. Librarians care deeply about children, and are committed to helping them find the best and most appropriate information for their needs. We have taken numerous steps to help communities develop nnlirinc arid nrnaramc that Pncnrr that their lihrary ncarc haves http://www.ala.org/cipa/cipatrial9.html 6/26/02 ALA applauds federal court ruling on the Children's Internet Protection Act Page 2 of 3 Fl/11V1VV 11111.1 F1 Vs1H111J Lll{A�V110131V 111K1. 111V11 11V1141 j 1AJV1V 1114 V V {A positive online experience. The vast majority of library patrons use the Internet responsibly, as outlined by their local policies." The Court held that less restrictive alternatives exist to allow public libraries to protect children. The Court found that public libraries can—and indeed that many do—use the following less restrictive alternatives: (1) filters offered as a choice for families to use for their own children at the public library; (2) education and Internet training courses; (3)enforcement of Internet use policies by library staff; and(4)placement of terminals, use of privacy screens or utilization of recessed monitors. Throughout the trial,every technical witness on both sides of the issue, testified to the unreliability of Internet filtering software—and how it often denies access to relevant information for adults and children alike, while failing to block objectionable material for minors. This conclusion was supported by a May2002 report from the National_Research Council, which reiterated many findings from an October 2000 Commission on Child Online Protection (COPA) report, also commissioned by Congress. Both studies found that the most effective and least intrusive way to protect our children from objectionable material on the Internet is through online information resources and family education programs. "We are very pleased with the decision," said Judith F. Krug, director of the ALA's Office for Intellectual Freedom. "If CIPA had remained law, libraries in economically disadvantaged urban and rural areas would have been forced to use their already scarce resources to install expensive and unreliable filtering software, or be stripped of important financial assistance that they need to provide online access to all users." More than $255.5 million have been committed to libraries over four years with the federal E-rate program. The Library Services and Technology Act (LSTA) has distributed more than $883 million alone to libraries since 1998. "Intellectual freedom is at the core of what we do and how we do it—provide information to those who need it without the invasive restrictions of filtering devices," said ALA Executive Director William R. Gordon. Any appeal of the decision would go directly to the U.S. http://www.ala.org/cipa/cipatrial9.html 6/26/02 ALA applauds federal court ruling on the Children's Internet Protection Act Page 3 of 3 Supreme Court. Nor more intormation on the Children's Internet Protection Act, please visit www.ala.org/cipa. The judges' ruling can be found at www.paed.uscourts.gov/documents/opinions/02D04I5P.HTM. - 30 - Links to non-ALA sites have been provided because these sites may have information of interest. Neither the American Library Association nor the Office for Intellectual Freedom nor the ALA Washington Office necessarily endorses the views expressed or the facts presented on these sites; and furthermore, ALA, OIF, and WO do not endorse any commercial products that may be advertised or available on these sites. Return to the Top of the Page See also Headlines Return to CIPA Home Page Return to OIF Home Page Return to Washington Office Home Page Copyright 02002,American Library Association. Last Modified:Friday,31-May-2002 14:21:21 CDT http://www.ala.org/cipa/cipatrial9.html 6/26/02 Bush: Bring Back Library Filters Page 1 of 2 . New ithe G"K" � SIGN VP ) Pl f3'9"1tlefs; ( LOGIN , - Bush: Bring Back Library Filters By Julia Scheeres i Ikl 1 i r f i1,10,, 1,1,1. News that the Bush administration is planning to take its library filtering battle to the Supreme Court didn't come as much of a surprise to advocates on either side of the controversy. The Justice Department on Thursday notified the Supreme Court that it planned to appeal a May U.S. Court of Appeals ruling striking down the Children's Internet Protection Act (CIPA), which required public libraries to install filters on computers to keep children from viewing porn sites or lose federal funding. See also: Sources close to the controversy said the Bush administration had warned it would appeal an unfavorable outcome even before last month's ruling by • Court: Library Filter Law illegal a three-judge panel in Philadelphia • Po in Panel Plays :It Safe • Judges Flast l ii�r< ry Frltp ir�c Filtering opponents said they were confident that if the Supreme Court decides to hear the case, it would • Librarian: Filters Are Fab uphold the ruling, which found CIPA unconstitutional • Everybody's got issues in Politics because the filtering programs also blocked constitutionally protected speech. "We're confident that the Supreme Court will affirm the strong opinion of the lower court declaring unconstitutional forced Internet censorship in libraries," said Ann Beeson, the litigation director for the technology and liberty program of the ACLU. Emily Sheketoff, executive director of the Washington, D.C. office of the American Library Association, said she believed the Supreme Court would be swayed by damning evidence presented in Philadelphia that demonstrated the filters were buggy and unreliable. "The filtering companies were pretty much discredited by this case because they're not the best way to protect children," she said. The library association believes that decisions on how to protect children from unsavory material online is best left in the hands of individual libraries, as is currently the case. For example, some libraries have opted for recessed or hooded monitors that can only be viewed by the patron surfing the Net. Others have opted public humiliation as a tactic -- if a patron ogles porn in a facility that prohibits such things, the librarian taps the person on the shoulder and orders him (or her) to leave the terminal or library. But Jonathon Bertman, the president of Afraidtcack corn, a health site which provides information on everything from bowel movements to masturbation, was irritated at the appeal. His site is routinely blocked by filtering software because it contains graphic images and text, but is not pornographic. "I'm disappointed the government is going to waste our time and taxpayer money on a law that clearly tramples on my rights of free speech," he said. Bertman, a family physician who teaches family medicine at Brown University, said 25 percent of his visitors are http://www.wired.com/news/print/0,1294,53389,00.htm1 6/24/02 Bush: Bring Back Library Filters Page 2 of 2 under 18; an age group often embarrassed to ask their elders about intimate body functions. Nevertheless, the pro-filtering forces hailed the planned government appeal to the Supreme Court as a victory for children. "The issue is not whether patrons have been denied First Amendment rights but rather, whether public libraries must be forced to become purveyors of pornography and deliver obscene material to innocent children," said Stephen Crampton, chief counsel for the American Family Association. Moreover, libraries already censor literature deemed inappropriate for kids, said David Miller, the vice president for Citizens for Community Values. "They already pick and choose which books their patrons have access to," Miller said. "Why are they unwilling to filter out Internet material that is harmful to children?" Related Wired Links: Kiez: Hi Morn, We're No, I May,24, 20G,) One More Thursday Night Dinner May 2, 2002 Sea Squirt Savants Celebrate Apra 16, 2002 Full Assault on Filter Software Apri( 3, 2002 Smut Filter Snags Nosy-sprout„ Too March 27, 200 Porn-Filter Trial Gets Raunchy March 215, 2002 Porn-Filter Judge BootsPublic March Copyright © 1994-2002 Wired Digital Inc. All rights reserved. http://www.wired.conl/news/print/0,1294,53389,00.html 6/24/02