08-27-2002 (City Council) Agenda Packet , NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
TUESDAY, AUGUST 27, 2002
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098 Action Taken
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A. Consider and act upon an amendment to Chapter 110, Section 110-168 (b) (1) of the Code of
Ordinances to establish certain School Zones.
B. Consider and act upon an Ordinance adopting the 2000 edition of the International Energy
Conservation Code and repealing all conflicting ordinances.
C. Consider and act upon an Ordinance adopting the 2000 edition of the International Residential
Code and repealing all conflicting ordinances.
1. Hold a public hearing on the proposed tax rate for fiscal year 2002-2003 and provide
taxpayers an opportunity to express their views on the ta-t rate. At the end of the hearing, the
City Council must set and announce the date, time and place of the meeting at which it will
vote on the final proposed tax rate.
Executive Summary
In accordance with the"Truth in Taxation"laws of the State of Texas,on August 15,2002,the City Council took a roll call vote
on the proposed tax rate and scheduled a public hearing on the tax rate for August 27,2002. The purpose of the public hearing
on August 27,2002,is to give the taxpayers an opportunity to express their views on the tax rate. The City Council may not
adopt the tax rate at this hearing. Instead,at the end of the hearing,it must set and announce the date,time and place of the
meeting at which it will vote on the final proposed tax rate. The second public hearing will be on September 10,2002,to vote
on the final tax rate. The proposed budget is based on the proposed tax rate of$0.71.5 per $100 valuation. This is the rate
previously discussed by the Council. Any change in the proposed tax rate will require revision of the proposed budget.
2. Consider and act upon an ordinance to increase water utility rates sufficient to pass through
the wholesale price increase from the North Texas Municipal Water District.
Executive Summary
The City of Wylie currently purchases water from the North Texas Municipal Water District(NTMWD)at $.80 per thousand
gallons.NTMWD notified the City on July 26,2002 that the rate would be increased to$.87 per thousand effective on October
1.2002. The seven-cent increase is only applied against water usage greater than oi:e thousand gallons. There is no increase
in minimum water rates. The 2002-03 fiscal year increase in revenue is expected to be$50,000. Residential water customers
with an average usage of 8,000 gallons per month will see an increase of approximately$.49 on their water bill. Commercial
customers will see an estimated increase of$.98 per month based on 15,000 gallons of consumption.This rate increase will be
effective on October 1,2002 and will first appear on customers'bills in November 2002.
3. Consider and act upon issues surrounding the adoption of guidelines and criteria for the
provision of tax abatements.
Executive Summary
As per the Texas Tax Code Section 312, each taxing unit that wants to consider tax abatement proposals must adopt a
resolution indicating its intent to participate in tax abatement. Furthermore, each taxing unit must adopt tax abatement
guidelines and criteria. The attached guidelines were originally approved by the Wylie City Council on July 13, 1993 and
renewed on June 13,2000. While the requirements proposed continue to meet the economic objectives of the City of Wylie
economic development program,the Sunset Provision in place requires a renewal of these guidelines every two years.
4. Hold a public hearing to allow the public presentation of evidence for or against the creation
of Reinvestment Zone No. 4.
Executive Summary
The City of Wylie and Wylie Economic Development Corporation(WEDC)staff has been working with Carlisle Coatings&
Waterproofmg, Inc. representatives to develop a tax abatement package to assist with the expansion of Carlisle's Wylie
operations. In order to offer a tax abatement to any business entity,the lead taxing entity(the City of Wylie)must first create a
reinvestment zone. The designation of the reinvestment zone must be pre,,eded by a public hearing to allow any interested
person to speak and present evidence for or against the designation of the reinvestment zone. If the zone designation is
approved,the designation lasts for five years and may be renewed for successive periods of up to five years. The term of the
tax abatement agreement may continue for up to ten years,even if the reinves'uient zone is not renewed after the initial five-
year term.
5. Consider and act upon issues surrounding the creation of Reinvestment Zone No. 4 and the
approval of a Tax Abatement Agreement between the City of Wylie and Carlisle Coatings &
Waterproofing,Inc.
Executive Summary
On May 10,2000,the City of Wylie and Wylie Economic Development Corporation(WEDC)met with Carlisle officials to
discuss expansion of Carlisle facilities at their current location on F.M. 544. Based upon the vision of a more retail oriented
area,staff encouraged Carlisle to relocate and expand all operations to Premier Business Park. At that time,the WEDC had
8.035 acres remaining within the Park with Carlisle ultimately constructing a 106,000 square foot manufacturing facility with
combined operations from California, Oklahoma,and Wylie. The WEDC is recommending 5-year tax abatement at 80%per
year.
6. Hold a public hearing to consider and act upon an ordinance adopting new sign regulations
and repealing all conflicting ordinances.
Executive Summary
Staff has reviewed sign regulations and proposed new regulations at the direction of Council. The proposed regulations will
allow for pole signs on property that fronts Highway 78. These regulations will extend to areas in our ETJ within 500 feet of
Highway 78.
7. Consider and act upon an ordinance governing contractor registrations, allowing for
revocation of a contractor's registration under certain conditions and repealing all conflicting
ordinances.
Executive Summary
Staff has developed guidelines that clarify the requirements for registration of a contractor as well as outlining procedure for
revocation of a contractor's registration.If a contractor is not registered with the city,we cannot issue a building permit to that
contractor. Under current regulations, staff has no ability to revoke the registration of a contractor who is not following the
requirements.
8. Consider and act upon an Ordinance adopting a new fee schedule for building permits and contractor
registration and repealing all conflicting ordinances.
Executive Summary
Additional work required to verify compliance with the new energy code was the basis for the recommendation by the
Construction Code Board for an increase in fees for single-family dwellings. The proposed ordinance clarifies fees for items
such as: re-issuing lost or damaged permits, changing contractors on a permit and reviewing and approving new plan sets
when the city approved plan set is lost or damaged to the point that it cannot be read.
9. Consider and act upon proposals for employee group health insurance, including major
medical, dental, term life, accidental death/dismemberment, long term disability and
prescription drug coverage.
Executive Summary
The City's employee group health insurance currently provided by TML Intergovernmental Employee Benefits Pool will expire
September 30. TML has submitted a rerate notice which reflects an increase of approximately five per cent in the renewal rates
for fiscal 2003. In addition to the TML renewal proposal, staff has solicited competitive proposals from other insurance
providers. Three insurance agencies responded to the RFP. These were The Reaves Agency, Dean Casey & Associates and
Wylie Insurance Agency. The current proposed budget for Fiscal Year 2003 includes group medical expenditures based on the
rates for United Healthcare's Option III. Due to budgetary constraints,the City's share of dependent coverage costs has been
reduced to 50 per cent for Fiscal 2003. The City is currently paying approximately 58.5 per cent of the dependent coverage
premiums. Staff is recommending that Council select United Healthcare Option III for group medical coverage. Should the group
medical insurance coverage be awarded to United Healthcare,Council will have to decide which of the three agencies will be the
agent of record for United.
10. Consider and at upon the award of a contract for the construction of the Rush Creek Force
Main to Texas Electric Utility Construction in the amount of$442,001.43.
Executive Summary
Construction of the new lift station is nearing completion and the installation of the force main will complete the project. The
bids included 2,713 linear feet of 36-inch gravity sewer and 4,760 linear feet of 18-inch force main.On August 9,2002 a total of
thirteen (13) bids were opened for the project. Texas Electric Utility Construction submitted the low bid in the amount of
$442,001.43. The lift station construction was funded through the 1999 Bond and the FY 2002 budget. The Rush Creek project
was included in the most recent impact fee update and those funds will t2 used for the construction of the force main. The
current sewer impact fee balance is$1,416,669.26.
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................... .... .... .
In accordance with Chapter 551,Government Code, Vernon's Texas Code Annotated(Open Meeting Law), Section 551.072
Deliberation Regarding Real Property;to deliberate the purchase,exchange,lease,or value of real property(Martinez Lane)if
deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with
a third person
Take any action as a result of the Executive Session.
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.tx.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.
1 Page 3 of 3
WYLIE CITY COUNCIL
AGENDA ITEM NO. , .
August 27, 2002
Issue
Consider and act upon an amendment to Chapter 110, Section 110-168 (b) (1) of the Code of
Ordinances to establish certain School Zones.
Background
With the opening of Groves Elementary School and the continued development of new streets near
Dodd Elementary School it is necessary to add additional 20 mph school zones within the area.
Initially, the signs will indicate specific times, but will ultimately be replaced with the solar flashing
signs.
Other Considerations
Section 51.072 of the Local Government Code provides for the authority of a Home-Rule
municipality of self-government.
Financial Consideration
N/A
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends approval.
Attachments
Ordinance
Prep eri by Revi by Finance City Approval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
CHAPTER 110, SECTION 168 OF THE CODE OF ORDINANCES;
ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS DURING
SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTALLATION OF
SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRIAN
TRAFFIC; PRESCRIBING PENALTIES; REPEALING ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILTTY CLAUSE;
PROVIDING FOR PUBLICATION OF THE CAPTION AND PROVIDING
FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, Section 51.072 of the Local Government Code provides for the authority of a Home-
Rule municipality of self-government, with the authority to control the operations of motor vehicles
using its streets and to prescribe reasonable and safe regulations for same;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1: School Zones.
(5) Twenty miles per hour between the hours of 7:15 a.m. to 8:30 a.m. and 2:45 p.m. to 3:45
p.m., or when lights are flashing, on school days on the following streets:
(a) On Park Blvd from F.M. 1378 to a point 180' east of Cheyenne Road.
(b) On Cheyenne Road from Park Blvd to a point 882' north of Park Blvd.
(c) On Tuscalosa Dr. from Cheyenne Rd to a point 200' east of Cheyenne Rd.
(d) On McMillan Rd from FM 1378 to a point 110' west of FM 1378
(e) On McCreary Rd. from a point 690' north of Riverway lane to a point 320' south of
Riverway Lane
(f) On Riverway Lane from McCreary Rd to a point 130' east of Spring Tide Dr.
(g) On Appalachian Dr. from Riverway Lane to a point 185' south of Riverway Lane.
(h) On Spring Tide Dr. from Riverway Lane to a point 218' north of Riverway Lane.
SECTION 2: The City Manager and/or City Engineer is hereby authorized to cause to be
erected appropriate signs indicating such school zones.
SECTION 3: Severability. It is hereby declared to be the intention of the City Council of
the City of Wylie that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are
severable, and if held invalid by any judgment or decree of a court of competent jurisdiction, such
unconstitutionality of invalidity shall not affect any other remaining phrase, clause, sentence,
paragraph or section of this ordinance.
SECTION 4: Penalty. Any person violating any provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not to
exceed $500.00 for each violation. Each continuing day's violation under this Ordinance shall
constitute a separate offense.
SECTION 5: Publication. The caption of this Ordinance shall be published in accordance
with the law and the Home Rule Charter of the City of Wylie, Texas and shall be effective
immediately upon its passage and such publication.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this day of 2002.
JOHN MONDY, Mayor
ATTESTED TO AND CORRECTLY
RECORDED BY:
BARBARA SALINAS
City Secretary
WYLIE CITY COUNCIL
AGENDA ITEM NO. f •
August 27, 2002
Issue
Consider and act upon an Ordinance adopting the 2000 edition of the International Energy Conservation
Code and repealing all conflicting ordinances.
Background
All cities are required by state law to adopt this code by September 1, 2002. The code regulates the
insulation and window and windows required within all new structures. The purpose of the state law is
to reduce the emissions from power plants by reducing the amount of energy needed to heat and cool
homes within the state. This was part of a plan submitted the state submitted to the EPA because this
area of the state has exceeded the EPA's maximum annual allowable pollution days for the past few
years.
Financial Considerations
N/A
Other Considerations
State law requires adoption of this ordinance by September 1, 2002.
Board/Commission Recommendation
The Construction Code Board recommended approval of this ordinance at its August 7,2002 meeting.
Staff Recommendation
Approve the attached ordinance adopting the 2000 edition of the International Energy Conservation
Code.
Attachments
Copy of the ordinance adopting the 2000 International Energy Conservation Code.
dr. /. a Id I I
epared b Revi by Finance City 4 anagi— proval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING
THE 2000 EDITION OF THE INTERNATIONAL ENERGY
CONSERVATION CODE, SAVE AND EXCEPT THE DELETIONS
AND AMENDEMENT SET FORTH HEREIN; REGULATING THE
DESIGN OF BUILDING ENVELOPES FOR ADEQUATE
THERMAL RESISTANCE AND LOW AIR LEAKAGE AND THE
DESIGN AND SELECTION OF MECHANICAL, ELECTRICAL,
SERVICE WATER-HEATING AND ILLUMINATION SYSTEMS
AND EQUIPMENT WHICH WILL ENABLE EFFECTIVE USE OF
ENERGY IN NEW BUILDING CONSTRUCTION OF ALL
BUILDINGS AND/OR STRUCTURES IN THE CITY OF WYLIE,
TEXAS; REPEALING WYLIE ORDINANCE NOS. 94-38 AND 88-
28; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS
AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City
Council") has investigated and determined that it would be advantageous
and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to adopt
the 2000 Edition of the International Energy Conservation Code; and
WHEREAS, the Wylie Construction Board and the Building Official
for Wylie have reviewed the 2000 Edition of the International Energy
Conservation Code and both recommend adoption of the same by the City
Council; and
WHEREAS, the City Council finds that it will be advantageous and
beneficial to Wylie and its inhabitants to repeal Ordinances Nos. 94-38 and
88-28.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Repeal of Ordinance Nos. 94-38 and 88-28. Wylie
Ordinance Nos. 94-38 and 88-28 are hereby repealed. Such repeal shall not
abate any pending prosecution for violation of the repealed Ordinance Nos. 94-
38 and 88-28, nor shall the repeal prevent prosecution from being commenced
for any violation if occurring prior to the repeal of Ordinance Nos. 94-38 and 88-
28.
ORDINANCE ADOPTING THE 2000 INTERNATIONAL ENERGY CONSERVATION CODE-Page 1
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SECTION 3: Adoption of the 2000 International Energy Conservation
Code. The International Energy Conservation Code, 2000 Edition, copyrighted
by the International Code Council, Inc., save and except the deletions and
amendments as set forth in Section 4 below, is hereby adopted as the energy
conservation code for Wylie, regulating the design of building envelopes for
adequate thermal resistance and low air leakage and the design and selection of
mechanical, electrical, service water-heating aid illumination systems and
equipment which will enable effective use of energy in new building construction
of all buildings and/or structures in Wylie (the "2000 International Energy
Conservation Code"). The 2000 International Energy Conservation, save and
except the deletions and amendments as set forth in Section 4 below, is made a
part of this Ordinance as if fully set forth herein. One (1) copy of the 2000
International Energy Conservation Code, 2000 Edition, copyrighted by the
International Code Council, Inc. is on file in the office of the City Secretary of
Wylie being marked and designated as the 2000 International Energy
Conservation Code.
SECTION 4: Regional Amendments to the 2000 International Energy
Conservation Code. The 2000 International Energy Conservation Code is
amended as specified in the regional amendments recommended by the North
Central Texas Council of Governments, as amended and as outlined in
Exhibit "A" (the "Regional Amendments"). The Regional Amendments are
attached hereto as Exhibit "A" and incorporated herein for all purposes.
SECTION 5: Penalty Provision. Any person, firm, corporation or
business entity violating this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be subject to a fine not to
exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation
relates to fire safety, zoning or public health and sanitation, including dumping
and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND
NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude 'Nylie from filing suit to enjoin the
violation. Wylie retains all legal rights and remedies available to it pursuant to
local, state and federal law.
SECTION 6: Savings/Repealing Clause. All provisions of any ordinance
in conflict with this Ordinance are hereby repee.ied to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance.
Any remaining portions of said ordinances shall remain in full force and effect.
ORDINANCE ADOPTING THE 2000 INTERNATIONAL ENERGY CONSERVATION CODE-Page 2
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SECTION 7: Severability. Should any section, subsection, sentence,
clause or phrase of this Ordinance be declared unconstitutional or invalid by a
court of competent jurisdiction, it is expressly provided that any and all remaining
portions of this Ordinance shall remain in full force and effect. Wylie hereby
declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 8: Effective Date. This Ordinance shall become effective upon
its passage and publication as required by the City Charter and by law.
PASSED AND APPROVED by the City Courcil of the City of Wylie, Texas this
day of , 2002.
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
DATE(S)OF PUBLICATION:
ORDINANCE ADOPTING THE 2000 INTERNATIONAL ENERGY CONSERVATION CODE-Page 3
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WYLIE CITY COUNCIL
AGENDA ITEM NO. C .
August 27, 2002
Issue
Consider and act upon an Ordinance adopting the 2000 edition ofthe International Residential Code and
repealing all conflicting ordinances.
Background
The 2000 International Residential Code has been adopted by State Law as the one and two family
dwelling code for the State of Texas. All cities are required by state law to adopt this code by
September 1, 2002.
The International Residential Code only regulates the construction of one and two-family dwellings. It
does not affect apartment buildings or commercial buildings. Therefore,for all buildings,other than one
and two-family dwellings, still must comply with the 1997 Uniform Building Code that was adopted by
the City Council last year.
Financial Considerations
N/A
Other Considerations
State law requires adoption of this ordinance by September 1, 2002.
Board/Commission Recommendation
The Construction Code Board recommended approval of this ordinance at its August 7,2002 meeting.
Staff Recommendation
Approve the attached ordinance adopting the 2000 edition of the International Residential Code.
Attachments
Copy of the ordinance adopting the 2000 International Residential Code.
epare by R d by Financ City Mana pproval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING
THE 2000 EDITION OF THE INTERNATIONAL RESIDENTIAL
CODE, SAVE AND EXCEPT THE DELETIONS AND
AMENDMENTS SET FORTH HEREIN; REGULATING THE
CONSTRUCTION, ALTERATION, MOVEMENT, ENLARGEMENT,
REPLACEMENT, REPAIR, EQUIPMENT, USE AND
OCCUPANCY, LOCATION, REMOVAL, AND DEMOLITION OF
DETACHED ONE- AND TWO-FAMILY DWELLINGS AND
MULTIPLE SINGLE-FAMILY DWELLINGS (TOWNHOUSES) NOT
MORE THAN THREE STORIES IN HEIGHT WITH A SEPARATE
MEANS OF EGRESS AND RELATED ACCESSORY
STRUCTURES IN THE CITY OF WYLIE, TEXAS; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City
Council") has investigated and determined that it would be advantageous
and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to adopt
the 2000 Edition of the International Residential Code, save and except the
deletions and amendments set forth below; and
WHEREAS, the Wylie Construction Board and the Building Official
for Wylie have reviewed the 2000 Edition of the International Residential
Code and both recommend adoption of the same by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Adoption of the 2000 International Residential Code.
The International Residential Code, 2000 Edition, copyrighted by the
International Code Council, Inc., including Appendix Chapters G, J and K, save
and except the deletions and amendments as set forth below and in Section 3 of
this Ordinance, is hereby adopted as the residential building code for Wylie,
regulating the construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, location, removal and demolition of
detached one- and two-family dwellings and multiple single-family dwellings
(townhouses) not more than three stories in height with a separate means of
egress and their accessory structures located in Wylie (the "2000 International
ORDINANCE ADOPTING THE 2000 INTERNATIONAL RESIDENTIAL COr)E-Page 1
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Residential Code". The 2000 International Residential Code, save and except
the deletions and amendments as set forth below and in Section 3 of this
Ordinance, is made a part of this Ordinance as if fully set forth herein. One (1)
copy of the 2000 International Residential Code, 2000 Edition, copyrighted by the
International Code Council, Inc., is on file in the office of the City Secretary of
Wylie being marked and designated as the 2000 International Residential Code.
SECTION 3: Amendments to the 2000 International Residential Code.
The 2000 International Residential Code is amended as follows:
A. Section P3111.1 of the 2000 International Residential Code
is hereby amended to read as follows:
"P3111.1 Limitation.
P3111.1.1 General. Combination Waste and Vent
Systems shall be permitted only where:
1. Structural conditions preclude the installation of
conventional systems as otherwise prescribed
by this Code;
2. The installation of the Combination Waste and
Vent System is specifically approved by the
Building Official before it is installed; and
3. The Combination Waste and Vent System shall
not serve any fixture other than floor drains,
standpipes, sinks and lavatories."
B. Section P3112.2 of the 2000 International Residential Code
is hereby amended to read as follows:
"P3112.2 Installation. Traps for island sinks and similar
equipment shall be roughed in above the floor and may be
vented by extending the vent as high as possible, but not
less than the drainboard height and then returning it
downward and connecting it to the horizontal sink drain
immediately downstream from the vertical fixture drain. The
return vent shall be connected to the horizontal drain through
a wye-branch fitting and shall, in add:don, be provided with a
foot vent taken off the vertical fixture vent by means of a
wye-branch immediately below the floor and extending to the
nearest partition and then through the roof to the open air or
may be connected to other vents at a point not less than six
(6) inches (152 mm) above the flood level rim of the fixtures
served. Drainage fittings shall be used on all parts of the
vent below the floor level and a minimum slope of one-
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quarter (1/4) inch per foot (20.9 mm/m) back to the drain
shall be maintained. The return bend used under the
drainboard shall be a one (1) piece fitting or an assembly of
a forty-five (45) degree (0.79 radius), a ninety (90) degree
(1.6 radius) and a forty-five (45) degree (0.79 radius) elbow
in the order named. Pipe sizing shall be as elsewhere
required in this Code. The island sink drain, upstream of the
return vent, shall serve no cther fixtures. An accessible
cleanout shall be installed in the vertical portion of the foot
vent."
C. Section P3112.3 of the 2000 International Residential Code
is hereby deleted.
D. Section P 3114 of the 2000 International Residential Code is
hereby amended as follows:
"P3114.1 General. Air admittance valves shall not be
utilized in a Vent System without specific approval of the
Building Official prior to the installation of the system. Air
admittance valves shall only be approved by the Building
Official if the use of conventional venting methods would, in
the Building Official's sole discretion, create an undue
hardship."
SECTION 4: Regional Amendments to the 2000 International
Residential Code. The 2000 International Residential Code is further amended
as specified in the regional amendments recommended by the North Central
Texas Council of Governments, as amended and as outlined in
Exhibit "A" (the "Regional Amendments"). The Regional Amendments are
attached hereto as Exhibit "A" and incorporated herein for all purposes.
SECTION 5: Penalty Provision. Any person, firm, corporation or
business entity violating this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be subject to a fine not to
exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation
relates to fire safety, zoning or public health and sanitation, including dumping
and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND
NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude Wylie from filing suit to enjoin the
violation. Wylie retains all legal rights and remedies available to it pursuant to
local, state and federal law.
ORDINANCE ADOPTING THE 2000 INTERNATIONAL RESIDENTIAL CODE-Page 3
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SECTION 6: Savings/Repealing Clause. All provisions of any ordinance
in conflict with this Ordinance are hereby repeGied to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance.
Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 7: Severability. Should any section, subsection, sentence,
clause or phrase of this Ordinance be declared unconstitutional or invalid by a
court of competent jurisdiction, it is expressly provided that any and all remaining
portions of this Ordinance shall remain in full force and effect. Wylie hereby
declares that it would have passed this Ordnance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 8: Effective Date. This Ordinance shall become effective upon
its passage and publication as required by the City Charter and by law.
PASSED AND APPROVED by the City Council of the City of Wylie, Texas this
day of , 2002.
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
DATE(S)OF PUBLICATION:
ORDINANCE ADOPTING THE 2000 INTERNATIONAL RESIDENTIAL CODE_-Page 4
L:\Agenda Packets\08-27-02 Agenda\2000 International Residential Code.ouc
WYLIE CITY COUNCIL
AGENDA ITEM NO. i .
August 27, 2002
Issue
Hold a public hearing on the proposed tax rate for fiscal year 2002-2003 and provide taxpayers an
opportunity to express their views on the tax rate. At the end of the hearing,the City Council must set
and announce the date,time and place ofthe meeting at which it will vote on the final proposed tax rate.
Background
In accordance with the "Truth in Taxation"laws of the State of Texas, on August 15, 2002, the City
Council took a roll call vote on the proposed tax rate and scheduled a public hearing on the tax rate for
August 27, 2002. The results of the record vote on the proposed tax rate and the notice of the public
hearing were published in the Wylie News on August 21,2002. This public hearing has been advertised
in compliance with the publication requirements set forth in the Truth in Taxation Law.
The purpose of the public hearing on August 27,2002,is to give the taxpayers an opportunity to express
their views on the tax rate. The City Council may not adopt the tax rate at this hearing. Instead, at the
end of the hearing,it must set and announce the date,time and place of the meeting at which it will vote
on the final proposed tax rate. The second public hearing will be on September 10,2002,to vote on the
final tax rate. After the August 27, 2002, meeting and before the meeting scheduled for the final tax
vote,the City Council must publish a second quarter-page notice, `Notice of Vote on Tax Rate."
The official detailed effective tax rate calculations are available in the office of the Collin County Tax
Assessor/Collector(Kenneth L. Maim)in McKinney. A copy is also maintained in the Finance
Department for the Council and public to view.
Financial Considerations
The proposed budget is based on the proposed tax rate of$0.71.5 per$100 valuation. This is the rate
previously discussed by the Council. Any change in the proposed tax rate will require revision of the
proposed budget.
Other Considerations
The City is required by law to follow certain meeting and notice(publication)guidelines as shown on the
attached calendar excerpt from the "Truth in Taxation"guide.
Staff Recommendation
It is recommended that the City Council schedule the next required public hearing on the tax rate for
September 10, 2002, after the close of the public hearing.
Attachments
"Notice of Public Hearing on Tax Increase"published August 21, 2002, in the Wylie News
"2002 Property Tax Rates in the City of Wylie"published August 7, 2002, in the Wylie News
2002 Planning Calendar from the `Truth in Taxation"guide
/ri. / _
Prepared y Revie by Finance City M. 1,-_er Approval
2002 Property Tax Rates in City of Wylie
This notice concerns 2002 property tax rates for CITY OF WYLIE.It presents information about three tax rates.Last year's tax rate is the
actual rate the taxing unit used to determine property taxes last year.This year's effective tax rate would impose the same total taxes as last
year if you compare properties taxed in both years.This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpay-
ers can start tax rollback procedures.In each case these rates are found by dividing the total amount of taxes by the tax base(the total value
of taxable property)with adjustments as required by state law.The rates are given per$100 of property value.
Last year's tax rate:
Last year's operating taxes $3,690,994
Last year's debt taxes $1,743,265
' Last year's total taxes $5,434,259
Last year's tax base $754,758,194
Last year's total tax rate 0.720000/$100
This year's effective tax rate:
Last year's adjusted taxes(after subtracting taxes on lost property) $5,420,621
/This year's adjusted tax base(after subtracting value of new property) $840,610,116
=This year's effective tax rate 0.644843/$100
x 1.03=maximum rate unless unit publishes notices and holds hearing 0.664188/$100
This year's rollback tax rate:
Last year's adjusted operating taxes(after subtracting taxes on lost property and adjusting for any $3,681,946
transferred function,tax increment financing and/or enhanced indigent health care expenditures)
/This year's adjusted tax base $840,610,116
=This year's effective operating rate 0.438009/$100
X 1.08=This year's maximum operating rate 0.473049/$100
+This year's debt rate 0.211104/$100
=This year's rollback rate 0.684153/$100
STATEMENT OF INCREASE/DECREASE
If City of Wylie adopts a 2002 tax rate equal to the effective tax rate of$0.644843 per$100 of value,taxes would increase compared
to 2001 taxes by$557,923.
SCHEDULE A
Unencumbered Fund Balances
The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year.These balances are not
encumbered by a corresponding debt obligation.
Type of Property Tax Fund Balance
Maintenance&Operations $2,109,244 _ -
Interest&Sinking ' $ 306,860
SCHEDULE B
• 2002 Debt Service-
The unit plans to pay the following amounts for long-term debts that are secured by property taxes:These amounts will be paid from
•
property tax revenues(or additional sales tax revenues,if applicable). .
•
Description of Debt Principal or Interest to be Other Amounts Total
Contract Payment Paid from to be Paid Payment
to be Paid from Property taxes
Property Taxes
Tax Refunding Bonds Series 1993 $227,550 $70,861 $500 $298,911
G.O Bonds Series 1995 $62,784 $63,436 $500 $126,720
G 0 Bonds Series 1997 $55,556 $68,985 $500 $125,041
Tax Notes Series 1998 $160,000 $17,898 $500 $178,398
G 0 Bonds Series 1999 $105,000 $156,344 $500 $261,844
G 0 Bonds Series 2000 $60,000 ' - $101,760 $500 $162,260
G 0 Bonds Series 2001 $135,000 $200,913 $500 $336,413
Tax Notes Series 2001 $95,000 . $12,688 $500 . $108,188
Public Property Fin.Cont.OB Series 1995 $35,000 $5,190 $500 $40,690
Public Property Fin.Cont.OB Series 1999 $60,000 $10,945 $500 $71,445
G.O.Bonds Series 2002 $85,000 $112,500 $500 $198,000
•Tax Notes Series 2002 $45,000 $8,270 $500 $53,770
Total required for 2002 debt service $1,961,680
-Amount(if any)paid from funds listed in Schedule A $0
-Amount(if any)paid from other resources $0
-Excess collections Iast year $0
=Total to be paid from taxes in 2002 $1,961,680
+Amount added in anticipation that the unit will collect only 100%of taxes in 2002 $0
=Total Debt Levy $1,961,680
This notice contains a summary of actual effective and roll back tax rate calculations.You can inspect a copy of the full cal-
culations at 1800 N.Graves,Suite 170,McKinney,TX 75069
Name of person preparing this notice:
Kenneth L.Maun; •
Title:Collin County Tax Assessor Collector Date Prepared:August 7,2002 12-1t-339
2002 Planning Calendar
May Mailing of notices of appraised value by chief appraiser.
May 15 Deadline for submitting appraisal records to ARB.
July 22 Deadline for ARB to approve appraisal records.
July 25 Deadline for chief appraiser to certify rolls to taxing units.
August Certification of anticipated collection rate by collector.
Aug 7 Calculation of effective and rollback tax rates.
Aug 14 Publication of effective and rollback tax rates; statement of schedules; submission to
governing body.
Aug 12 72-hour notice for meeting (Open Meetings notice).
Aug 15 Meeting of governing body to discuss tax rate: if proposed tax rate will exceed the
rollback rate or 103 percent of the effective tax rate (whichever is lower),take record
vote and schedule public hearing.
Aug 21 "Notice of Public Hearing on Tax Increase" (1st quarter-page notice) published at least
seven days before public hearing.
Aug 23 72-hour notice for public hearing (Open Meetings notice).
Aug 27 Public hearing: schedule and announce meeting to adopt tax rate 3-14 days from this
date.
Sept 4 "Notice of Vote on Tax Rate" (2nd quarter page-notice) published before meeting to
adopt tax rate.
Sept 7 72-hour notice for meeting at which governing body will adopt tax rate.
Sept 10 Meeting to adopt tax rate. Meeting is 3-14 days before public hearing. Taxing unit
must adopt tax rate by September 30, or within 60 days of receiving certified appraisal
roll.
Notice of Public Hearing on Tax Increase
ei21,1
The City of Wylie will hold a public hearing on a proposal to increase total tax revenues
from properties on the tax roll in the preceding year by 10.88 percent. Your individual
taxes may increase at a greater or.lesser rate, or even decrease, depending on the change
in the taxable value of your property in relation to the change in taxable value of all
other property and the tax rate that is adopted. •
The public hearing will be held on August 27, 2002 at 6:00 p.m. at the City Council
Chambers, Wylie Municipal Complex, 2000 Hwy. 78 North, Wylie, Texas.
FOR the proposal: Mayor John Mondy Joel Scott
Eric Hogue J.C. Worley
AGAINST the proposal: None
PRESENT and not voting: None
ABSENT: Reta Allen Merrill Young
Chris Trout
The following table compares taxes on an average home in this taxing unit last year to
taxes proposed on the average home this year. Again, your individual taxes may be
higher or lower, depending on the taxable value of your property.
Last Year This Year
Average residence homestead value $104,546 $109,206
General Exemptions available
(amount available on the average homestead,
not including senior citizen's or disabled
person's exemptions) $ 0 $ 0
Average taxable value $104,546 $109,206
Tax rate (per $100) .720000 .715000
Tax $752.73 $780.82
Under this proposal, taxes on the average homestead would decrease by $28.09 or
3.73 percent compared with last year's taxes. Comparing tax rates without adjust-
ing for changes in property value, the tax rate would increase by $ 0.005 per $100
of taxable value or 0.69 percent compared to last year's tax rate. These tax rate
figures are not adjusted for changes in the taxable value of property.
13-1 t-339
WYLIE CITY COUNCIL
AGENDA ITEM NO.
Tuesday, August 27, 2002
Issue
Consider and act upon an ordinance to increase water utility rates sufficient to pass through the
wholesale price increase from the North Texas Municipal Water District.
Background
The City of Wylie currently purchases water from the North Texas Municipal Water District(NTMWD)
at $.80 per thousand gallons. NTMWD notified the City on July 26, 2002 that the rate would be
increased to $.87 per thousand effective on October 1. 2002.
Other Considerations
N/A
Financial Considerations
Attached is a summary ofthe current and the proposed new utility rates. The seven-cent increase is only
applied against water usage greater than one thousand gallons. There is no increase in minimum water
rates.The 2002-03 fiscal year increase in revenue is expected to be$50,000.Residential water customers
with an average usage of 8,000 gallons per month will see an increase of approximately$.49 on their
water bill. Commercial customers will see an estimated increase of$.98 per month based on 15,000
gallons of consumption. This rate increase will be effective on October 1, 2002 and will first appear on
customers' bills in November 2002.
Board/Commission Recommendation
N/A
Staff Recommendation
The staff recommends approval of the water rate increase, as presented in this ordinance, to become
effective October 1, 2002 and to first appear on bills dated November 1, 2002 and later.
Attachments
Summary of Utility Rates
Letter from North Texas Municipal Water District
Proposed Ordinance
epared By Revi d by Finance City Mana pproval
CITY OF WYLIE
SUMMARY OF UTILITY RATES
October 1, 2002
Rates Rates
SUMMARY OF RATES Octoberl, 2001 October 1,2002
Residential Rates:
Water in gallons:
Minimum (Includes 1st 1,000 gallons) 8.90 8.90
1,001 - 2,000 2.00 2.07
2,001 + per 1,000 2.73 2.80
Sewer in gallons:
Minimum (Includes 1st 1,000 gallons) 10.00 10.00
1,001 + per 1,000 1.45 1.45
Monthly Max 29.57 29.57
Sewer Plant Pass Thru - Fixed:
0-2,000 2.00 2.00
2001 5.00 5.00
Residential Sanitation charges:
Trash, Recycling, Bulky Pickup 10.67 10.67
(9.86 monthly plus 0.81 sales tax)
Additional Polycart 3.25 3.25
(3.00 monthly plus 0.25 sales tax)
Commercial Rates:
Water in gallons:
Minimum (Includes 1st 1,000 gallons) 12.15 12.15
1,001 -2,000 2.10 2.17
2,001 + per 1,000 2.73 2.80
Sewer in gallons:
Minimum (Includes 1st 1,000 gallons) 14.00 14.00
1,001 + per 1,000 1.45 1.45
No Max
Sewer Plant Pass Thru - Fixed 7.50 7.50
Apartments and Mobile Homes on Master Meters:
Water Surcharge: Fixed Charge per Unit 4.00 4.00
Water: Same as Commercial Rates
Sewer: Fixed Charge per Unit 18.00 18.00
Sewer Plant Pass Thru - Fixed 5.00 5.00
UBRATES2002.xls
CITY OF WYLIE
SUMMARY OF UTILITY RATES
October 1, 2002
Rates Rates
SUMMARY OF RATES Octoberl. 2001 October 1,2002
Residential Rates:
Water in gallons:
Minimum (Includes 1st 1,000 gallons) 8.90 8.90
1,001 - 2,000 2.00 2.07
2,001 + per 1,000 2.73 2.80
Sewer in gallons:
Minimum (Includes 1st 1,000 gallons) 10.00 10.00
1,001 + per 1,000 1.45 1.45
Monthly Max 29.57 29.57
Sewer Plant Pass Thru - Fixed:
0 - 2,000 2.00 2.00
2001 5.00 5.00
Residential Sanitation charges:
Trash, Recycling, Bulky Pickup 10.67 10.67
(9.86 monthly plus 0.81 sales tax)
Additional Polycart 3.25 3.25
(3.00 monthly plus 0.25 sales tax)
Commercial Rates:
Water in gallons:
Minimum (Includes 1st 1,000 gallons) 12.15 12.15
1,001 - 2,000 2.10 2.17
2,001 + per 1,000 2.73 2.80
Sewer in gallons:
Minimum (Includes 1st 1,000 gallons) 14.00 14.00
1,001 + per 1,000 1.45 1.45
No Max
Sewer Plant Pass Thru - Fixed 7.50 7.50
Apartments and Mobile Homes on Master Meters:
Water Surcharge: Fixed Charge per Unit 4.00 4.00
Water: Same as Commercial Rates
Sewer: Fixed Charge per Unit 18.00 18.00
Sewer Plant Pass Thru - Fixed 5.00 5.00
UBRATES2002.xls
NORTH TEXAS MUNICIPAL
WATER DISTRICT
Regional Sen ice Through Unity
July 26, 2002
Mr. Anthony Johnson
City Manager
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
RE: PRELIMINARY ESTIMATES OF COST FOR FY 2003
Dear Mr. Johnson:
To assist the City of Wylie in the preparation of its FY 2003 Annual Budget, the District is providing
preliminary estimates of cost for FY 2003.
The Member City Water Rate for the Regional Water System is expected to be adjusted from $.80 to
$.87 per 1,000 gallons beginning October 1, 2002. For fiscal years 2004 and 2005, it is expected that
the rate will be adjusted to $.92 and $.97 per 1,000 gallons, respectively. Also, preliminary cost for
the Wylie Wastewater Treatment Plant, Muddy Creek Wastewater Treatment Plant and Wastewater
Pretreatment Program is estimated to be $511,675, $763,333 and $33,001 respectively.
These estimates are based on the best information available to the District at this time and are subject to
change as the District continues to develop its FY 2003 Annual Budget. Upon adoption, the District
will provide a copy of the Budget and a final schedule of payments to be made during FY 2003.
Should you have any questions or need additional information, please contact my office or Judd
Sanderson, Director of Finance at (972) 442-5405.
Sincerely, (--)
a/IC(4'4Y\\
JA ES M. PARKS
E ecutive Director
JMP/JRS/skr
505 E.Brown St.,P.O.Box 2408.Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING WATER
RATES FOR THE CITY OF WYLIE, AMENDING SECTION 1.02 OF APPENDIX
A OF THE WYLIE CITY CODE (THEREBY AMENDING ORDINANCE 98-16)
REPEALING PORTIONS OF ALL CONFLICTING ORDINANCES:
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the North Texas Municipal District has increased its
wholesale water rate from $.80 per thousand gallons to $.87 per thousand
gallons effective October 1, 2002; and
WHEREAS, the City desires to raise the charges for water services
provided by the City so as to pass along the wholesale water increase to its
customers;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, as follows,
SECTION 1
The Section 1.02 of Appendix C to the Code of Ordinance of the City of Wylie,
Texas, is hereby amended by deleting the existing section, in its entirety and
substituting the following therefore:
(a) The following monthly water rates, shall apply to all RESIDENTIAL
customers within the corporate limits of the City of Wylie, Texas:
(1)Monthly minimum Charge for first 1,000 gallons of
Metered water consumption $8.90
(2)Volume charge for all consumption exceeding 1,000
gallons (1,000 gallons)
-1,001 to 2,000 (per 1,000) $2.07
- Over 2,000 gallons (per 1,000 gallons) $2.80
Ordinance No.
Page 2
(b)The following monthly water rates shall apply to all COMMERCIAL
customers, (other than apartments, mobile homes parks and other multi-unit
dwellings not individually metered) within the corporate limits of the City of
Wylie, Texas:
(1) Monthly minimum charge for first 1,000 gallons of
metered water consumption $12.15
(2) Volume charge for all consumption exceeding 1,000
gallons (per 1,000 gallons)
-1,001 to 2,000 gallons (per 1,000) $2.17
-Over 2,000 gallons (per 1,000) $2.80
(c) The following water rates shall apply to all APARTMENTS, MOBILE HOMES
PARKS, and OTHER MULTI-UNIT DWELLINGS, not individually metered,
within the corporate limits of the City of Wylie, Texas:
(1)Monthly minimum charge for first 1,000 gallons of
metered water consumption $12.15
(2)Volume charge for all consumption exceeding 1,000
gallons (per 1,000 gallons)
-1,001 to 2,000 gallons (per 1,000) $2.10
-Over 2,000 gallons (per 1,000) $2.80
(3)An additional charge of $4.00 per occupied unit, with occupancy being
determined as of the fifth day of the month preceding the billing.
(d) The monthly water charge for any customers (residential, commercial,
apartment, mobile home park, or other multi-unit dwelling not individually
metered) located outside the corporate limits of the City of Wylie, Texas shall
be at the rate of one hundred fifteen percent (115%) of the rate charged
customers inside the corporate limits of the City.
(e)Any bulk water customer who desires to withdraw water from a hydrant or
other source not metered and charged directly to them shall fill out a water
application form and sign the form in the same manner as a regular metered
customer. Bulk water rate charges are to be charged in 25-gallon increments
at the same rates as the commercial customers.
Ordinance No.
Page 3
SECTION II
The rates herein imposed shall be effective for all water usage occurring after
September 30,2002.
SECTION III
Should any paragraph, sentence, subdivision, clause, phrase or section of the
ordinance be adjusted or held to be unconstitutional, illegal or invalid the same
shall not affect the validity of this ordinance as a whole or any part or provision
thereof, other than the part or parts as declared to invalid, illegal, or
unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and after its adoption by the
City Council and publication of its caption as the law and the City Charter provide
in such cases.
SECTION V
That all ordinances and code provisions in conflict or consistency are hereby
repealed and all other provisions of the Wylie City Code not in conflict herewith
shall remain in full force and effect.
Passed and Approved this day of ,2002
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
WYLIE CITY COUNCIL
AGENDA ITEM NO. _
Au ust 27 2002
Issue
Consider and act upon issues surrounding the adoption of guidelines and criteria for the provision
of tax abatements.
Background
As per the Texas Tax Code Section 312, each taxing unit that wants to consider tax abatement
proposals must adopt a resolution indicating its intent to participate in tax abatement. The
resolution does not bind the government to grant approval of any proposed agreements. The
resolution must be adopted at an open meeting by a simple majority. Furthermore, each taxing unit
must adopt tax abatement guidelines and criteria. The guidelines and criteria, as provided as
Exhibit"A"to the attached resolution, are a set of conditions that any tax abatement proposal must
meet in order to be eligible for tax abatement by the taxing unit.
The attached guidelines were originally approved by the Wylie City Council on July 13, 1993 and
renewed on June 13, 2000. While the requirements proposed continue to meet the economic
objectives of the City of Wylie economic development program, the Sunset Provision in place
requires a renewal of these guidelines every two years.
Financial Consideration
N/A
Other Consideration
N/A
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends that the Wylie City Council approve a resolution adopting guidelines and
criteria for the provision of tax abatements.
Attachment
Resolution
Economic Development Incentives Guidelines and Criteria
6(01/1 11 /A 4
Prepared by
ep wry`, Re led �y Financ City Mana Approval
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, COLLIN COUNTY, TEXAS, ADOPTING GUIDELINES
AND CRITERIA FOR THE PROVISION OF TAX ABATEMENTS
AND ANY OTHER ECONOMIC DEVELOPMENT INCENTIVES,
ALL OF WHICH ARE DESIGNED SPECIFICALLY TO TARGET
SUCH LIGHT INDUSTRIAL DEVELOPMENT OR OTHER
CRITICAL ECONOMIC DEVELOPMENT PROJECTS AS
SPECIFIED BY THE CITY COUNCIL OF THE CITY OF WYLIE
BY SPECIFIC AGREEMENT.
WHEREAS, the City of Wylie is committed to the long term economic growth and
vitality of the City of Wylie and desires to promote a balanced property tax base, and
WHEREAS, the City of Wylie realizes the positive benefits of job creation and
economic diversification, and
WHEREAS, the City of Wylie desires to attract and retain quality business and industry
which compliment the quality of life within the community, and
WHEREAS, the City of Wylie realizes the attraction of long term investment and the
establishment of new jobs in the area would enhance the economic base of the City of
Wylie, and
WHEREAS, the City of Wylie may from time to time wish to stimulate economic
development within the community through the provision of tax abatements and other
economic development incentives, and
WHEREAS, the City of Wylie realizes the abatement of taxes, when offered, will be an
effective method of enhancing and diversifying the local economy through the attraction
of new jobs and new wealth from outside the community, and
WHEREAS, the City of Wylie acknowledges the Texas Tax Code Chapter 312, the
Property Redevelopment and Tax Abatement Act (the Act) allows taxing units the ability
to provide tax abatement for limited periods of time as an inducement for the
development or redevelopment of a property and the City of Wylie elects to be eligible to
participate in tax abatement, and
WHEREAS, the City of Wylie acknowledges the Act requires any eligible taxing
jurisdiction to establish guidelines and criteria as to eligibility for tax abatement
agreements prior to the granting of any future tax abatements and the City of Wylie has
established guidelines and criteria attached hereto as Exhibit "A" and incorporated herein
for all purposes.
NOW,THEREFORE,BE IT RESOLVED THAT THE CITY OF WYLIE ELECTS
TO CONTINUE TO BE ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT
AND DOES HEREBY APPROVE AND ADOPT THESE ECONOMIC
DEVELOPMENT INCENTIVE GUIDELINES AND CRITERIA ATTACHED
HERETO AS EXHIBIT "A". SPECIFIC TAX ABATEMENT AGREEMENTS
WILL BE DRAFTED AND APPROVED ON A CASE BY CASE BASIS BY THE
CITY OF WYLIE CITY COUNCIL.
Mayor
ATTEST:
City Secretary
EXHIBIT "A"
Economic Development Incentives
I. Purpose and Objective
The City of Wylie is committed to the promotion of quality development in all parts
of the city and to an ongoing improvement in the quality of life for it's residents. In
so far as these objectives are generally served by the enhancement and expansion
of the local economy. The City of Wylie will, on a case by case basis, give
consideration to providing incentives as a stimulation for economic development in
Wylie. Nothing herein shall imply or suggest that the City of Wylie is under obligation
to provide any incentive to any applicant. All applications shall be considered on a
case by case basis.
II. Criteria for Economic Development Incentives:
The following threshold criteria shall be used to determine whether any Economic
Development Incentives shall be granted to new projects:
1.) The proposed project must create at least ten (10) or more jobs by the end of
the abatement period.
2.) The proposed project must provide for an invest taxable assets within three (3)
years from the commencement of construction.
3.) The project must meet all relevant zoning requirements.
4.) Generally to be eligible, a project must consist of an industrial, commercial, or
warehouse use.
In addition to the minimum requirements stated above, the following subjective
criteria shall be considered prior to granting any economic development incentive.
5.) Is the project consistent with the comprehensive plan with or of the City of
Wylie?
6.) What types and costs of public improvements and services (sewer main
extensions, streets, alleys, etc.) will be required of the City? What types and
values of public improvements if any will be made by the applicant?
The City of Wylie recognizes the importance of expansion of the existing business as
a key.element in the economic development of the City. Therefore, different
criteria for incentive eligibility have been developed for business expansion. In or
eligible for abatement, an expanding business must meet the following criteria:
1.) The project must create ten (10) or more jobs by the end abatement period. y
2.) The project must result in an addition of$500,000 in assessed value within the
first year of the abatement.
3.) The project must also meet the criteria as stated previously in this section.
III. Types of Incentives
•
It is the intent of the City of Wylie to evaluate the offering of economic development
incentives on a case by case basis. This individualized design of a total incentive
package is intended to allow a maximum flexibility in addressing the unique concerns
of each applicant while enabling the City to better respond to the changing needs of
the community. Below is a chart which reflects the percentage amount to be abated:
MAXIMUM TAX ABATEMENT
NEWLY CREATED VALUE OVER 5 YEAR PERIOD
•
$3 million + 400%
$2 million - $2,999,999 300%
$1 million - $1,999,999 200%
EXPANDED VALUE
$2.5 million + 400%
$1,500,000 - $2,499,999 300%
$500,000 - $1,499,999 200%
Abatements may be granted for terms from two to five (2 - 5) years but may be
extended to the limits as specified by state law. Abatements of greater than five (5)
years may be considered, only if it can be clearly demonstrated that it is economically
beneficial to the City to do so. Abatement periods in excess of five (5) years must
be approved by a three-quarter vote of the full City Council.
The above chart reflects the maximum tax incentive to be eligible for over a period
not to exceed five (5) years. No applicant may take a percentage greater than 100%
in any given year. For example, the qualified applicant may choose to take the 200%
abatement over a two (2) year period at 100% each year; or may extend it to 50%
each year for four (4) years. The same method would apply to the 300% and 400%
abatement. Please keep in mihd that the percentages stated on the right are the
maximum amounts.
IV. Application Procedures
Any person applying for Economic Development Incentives will be required to comply
with several application procedures. Once the application has been completed, the
application will be forwarded to the joint committee on economic development
incentives consisting of elected officials from each of the taxing entities.
V. Recapture
The City of Wylie will have very specific performance standards that will be measured
to ensure that the qualified applicant is adhering to the guidelines, as set forth, and
the Economic Development Incentive Policy. In the event that the company or
individual fails to keep current on ad-valorem or other taxes, or violates the terms and
conditions of the abatement agreement in any fashion; the City of Wylie will have the •
option along with the other taxing entities, to recoup any tax monies that were abated.
VI. Assignment
The abatement may be transferred and assigned by the holder to a new owner or
lessee of the same facility upon approval of the City Council; subject to the financial
capacity of the assignee and provided that all conditions and obligations in the
abatement agreement are guaranteed by the execution of a new contractual
agreement with the City of Wylie.
VII. Sunset Provisions
The guidelines and criteria are affective upon the date of their adoption and will
remain in force for two (2) years. At which time all reinvestment zones and tax
abatement contracts created pursuant to its provisions, will be reviewed by the City
Council of Wylie to determine whether the goals of the abatement program has been
achieved. Based upon that review, the guidelines and criteria may be modified,
renewed or eliminated.
VIII. Note •
In order for Wylie to have a successful Economic Development Incentive Policy,.the
City of Wylie must receive cooperation from the other taxing entities, i.e., Wylie ISD,
Collin County and Collin County Community College District. Should more than one
(1) entity grant tax abatements, it would be my recommendation that a joint
committee on tax abatement be established consisting of two (2) elected officials
from each of the taxing units to review and consider each applicant.
VVYLIE CITY COUNCIL
AGENDA ITEM NO. 4.
August 27, 2002
Issue
Hold a public hearing to allow the public presentation of evidence for or against the creation of Reinvestment
Zone No. 4.
Background
City of Wylie and Wylie Economic Development Corporation(WEDC) staff has been working with Carlisle
Coatings & Waterproofing, Inc. representatives to develop a tax abatement package to assist with the
expansion of Carlisle's Wylie operations. In order to offer a tax abatement to any business entity, the lead
taxing entity (the City of Wylie) must first create a reinvestment zone. A reinvestment zone may be almost
any shape or size. However, such zone must be contiguous and must include some portion of the earth's
surface. The designation of the reinvestment zone must be preceded by a public hearing to allow any
interested person to speak and present evidence for or against the designation of the reinvestment zone. Seven
days written notice of the hearing must be given to the presiding officer of each other taxing unit that has
taxing jurisdiction over real property within the zone. Notice of the hearing must also be published at least
seven days before the hearing in a newspaper of general circulation in the city. The above notification
requirements have been met.
At the public hearing on the reinvestment zone, the City of Wylie City Council must make several findings.
First,the City Council must find that the improvements sought are feasible and are of benefit to the zone after
the expiration of the subsequent abatement agreement. Additionally, the City Council must find that the
designation of the zone is reasonably likely to contribute to the retention or expansion of primary employment
or attract major investment in the zone.
If the zone designation is approved, the designation lasts for five years and may be renewed for successive
periods of up to five years. The term of the tax abatement agreement may continue for up to ten years, even if
the reinvestment zone is not renewed after the initial five year term.
Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends that the Wylie City Council hold a public hearing to allow for the public presentation of
evidence for or against the designation of Reinvest Zone No. 4 in anticipation of consideration of a tax
abatement agreement between the City of Wylie and Carlisle Coatings&Waterproofing, Inc.
Attachment
Property Description, Carlisle Coatings&Wate . oofing,Inc.
14%,601;114‘ikv+A/ /
a41.4r4Si
Prepared by 111\1 Re ed .y Finan,e City iVlana Approval
1/2" I.R. FED. CAPPED HENSLEY LANE (60' R R.
0.W
(CONTROL MON.) I.R. SET
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sat 80' WILor 1� LI
�� CAPPED 5/8"
TXII GAS CO.IC CO. & I I.R. SET
TM GAS C E9MT. /g
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11
1"=100' 9 / N /
// / / CAPPED 5/8" F.S.
// / / I.R. SET b
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LOT 3, BLOCK B
LOT 1,BLOCK B 1:„.W 8.035 ACRESi / '
17.208 ACRES 349,993 SQ. FT. I al
749,492 SQ. PT. 0
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20' UTILITY EASEMENT VOL 3088,PG. 840
1/2" I.R. FND. 155.40' 1/2" I.R. FND.
(CONTROL MON.) N 89'32'38" W
TOMMY B. REUTIDNGER NUMBER DIRECTION DISTANCE
12.5188 ACRES LI S 711157'18" E 97.21'
VOL 3812. PG. 277 /
NUMBER fa CD R ' L ' LC '
Cl 10'28'21" 3 841.1'27" E 2000.00 385.58 385.05
C2 00'45'11" 3 11'52'34" 1/ 3758.44 49.97 49.97
C3 38'50'43" 3 08'TO'oo" E 805.00 989.08 382.39
Being Lot 3, Block B. of Premier Industrial Park South, 1st Revision, an Addition to the City
of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet L, Page 427,
Map Records, Collin County, Texas.
` YLIE CITY COUNCIL
AGENDA ITEM NO. 5.
August 27, 2002
Issue
Consider and act upon issues surrounding the creation of Reinvestment Zone No. 4 and
the approval of a Tax Abatement Agreement between the City of Wylie and Carlisle
Coatings&Waterproofing, Inc.
Background
On May 10, 2000, the City of Wylie and Wylie Economic Development Corporation
(WEDC) met with Carlisle officials to discuss expansion of Carlisle facilities at their
current location on F.M. 544. Based upon the vision of a more retail oriented area, staff
encouraged Carlisle to relocate and expand all operations to Premier Business Park. At
that time, the WEDC had 8.035 acres remaining within the Park with Carlisle ultimately
constructing a 106,000 square foot manufacturing facility with combined operations from
California, Oklahoma, and Wylie.
Carlisle's investment in the site has been $4.9 million in real property improvements and
$1 million in personal property relocation from the above listed Carlisle locations. The
final piece of the relocation package negotiated with Carlisle is the consideration of the
attached 80%, 5-year tax abatement. Preceding the abatement has been the negotiation of
an 8.035 acre conveyance to Carlisle by the WEDC and a relocation assistance package,
both paid out over a five year period.
Shown as Exhibit "A" to the Ordinance designating Reinvestment Zone No. 4 is the Tax
Abatement Agreement between the City of Wylie and Carlisle Coatings &Waterproofing,
Inc. In summary, the WEDC is recommending a 5-year tax abatement at 80% per year.
The City of Wylie Economic Development Incentives guidelines, as provided, allows for a
400%tax abatement over a 5-year period for newly created value in excess of$3,000,000.
As indicated above, Carlisle is committing to added new value of at least $4,800,000 in
each year of the abatement.
Financial Consideration
The City will be foregoing revenue that would have otherwise been collected had an
abatement not been considered. On the 2001 notice of appraised value, excluding land,
Carlisle's location on F.M. 544 was valued at $588,849. Carlisle's investment in the
Wylie community has increased by 731% with their new facility on Hensley. The
remaining property at the 544 location, including land, is valued at $1.18 million on the
2002 tax roles.
The following is an analysis of the revenue which will be abated/generated using the 2001
- 2002 tax rates. Please note that the breakeven point is slightly higher than most WEDC
projects. However, the Carlisle project not only promotes new industrial investment, but
also encourages the redevelopment of the old Carlisle site on 544.
Carlisle Coatings& Waterproofing, Inc.
Real Property=$4,893,852
Business Personal Property(beginning year 2)=$1,000,000
Existing Value=$437,491
Year Additional Taxes Abated Taxes Generated
Taxable Value City of Wylie WISD
2002 $4,893,852 $28,384 $10,268 $83,702
2003 5,893,852 34,184 11,718 99,402
2004 CC 34,184 11,718 99,402
2005 cc34,184 11,718 99,402
2006 44 34,184 11,718 99,402
Total $165,120 $57,140 $481,310
Abated Taxes $165,120
WEDC Property(8.035 acres) 175,002
Relocation Expenses(5-year package) 250,000
Total Incentive Package $590,122
Breakeven Point 5.3 years
Revenue generated by the Wylie Independent School District was used in determining a
breakeven point due to the community wide effort made by the City of Wylie and WEDC
in their economic development efforts.
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends that the Wylie City Council approves an Ordinance designating
Reinvestment Zone No. 4 further approving a Tax Abatement Agreement between the
City of Wylie and Carlisle Coatings&Waterproofing, Inc.
Attachments
Tax Abatement Agreement
5064A4LkAutc- 1 _
Prepared by WK ewed by in,nce City Approval
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WYLIE, COLLIN COUNTY, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 4; PROVIDING ELIGIBILITY OF
THE ZONE FOR INDUSTRIAL TAX ABATEMENT;
CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE
DESIGNATED AS A REINVESTMENT ZONE AND THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE
CITY; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas, has caused notice to be
published in a newspaper having general circulation the City of Wylie and has delivered
such notice to the presiding officer of the governing body of each taxing unit that
includes in its boundaries real property described herein; and
WHEREAS, the City Council of the City of Wylie, Texas, has conducted a public
hearing on the designation of the area described herein as a reinvestment zone; and
WHEREAS, the proposed Tax Abatement Agreement by and among the City of Wylie,
Texas and Carlisle Coatings & Waterproofing, Inc., a Deleware Corporation, attached
hereto as Exhibit "A," has been presented to the City Council; and the City Council is of
the opinion and finds that the terms and conditions thereof should be approved and that
the Mayor should be authorized to execute the Agreement on behalf of the City of Wylie,
Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, COLLIN COUNTY, TEXAS:
SECTION 1. That the City Council of the City of Wylie, Texas, finds that the
area described herein will, if designated as a reinvestment zone, be reasonably likely to
contribute to the retention or expansion of primary employment, or to attract major
investment in the zone that will be of benefit to the property and contribute to the
economic development of the City. The City Council further finds that the improvements
sought are feasible and practicable and would be of benefit to the land to be included in
the zone and to the City after the expiration of the tax abatement agreement.
SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas
Tax Code, the real property described in the Tax Abatement Agreement attached hereto
as Exhibit "A" and made part hereof for all purposes is hereby designated as a
reinvestment zone and for identification is assigned the name "Reinvestment Zone No.
4."
SECTION 3. That the property within Reinvestment Zone No. 4 is eligible for
industrial tax abatement effective on January 1, 2002, and for a period of six (5) years.
SECTION 4. The Agreement attached hereto as Exhibit "A" having been
reviewed by the City Council and found to be acceptable and in the best interest of the
City and its citizens, is hereby approved, and the Mayor is hereby authorized to execute
the Agreement on behalf of the City of Wylie, Texas.
SECTION 5. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of
the remaining portions of said ordinance or the Code of Ordinances, as amended hereby,
which shall remain in full force and effect.
SECTION 6. That all ordinances of the City of Wylie, Texas, in conflict with the
provisions of this ordinance shall be, and the same hereby, repealed; however, that all
other provisions of said ordinances not in conflict herewith shall remain in full force and
effect.
SECTION 7. That this ordinance shall take effect immediately from and after its
passage in accordance with the provisions of the Charter of the City of Wylie, Texas, and
it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, COLLIN COUNTY, TEXAS, ON THIS THE 27th DAY OF AUGUST,
2002.
EXHIBIT "A"
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF COLLIN §
This Tax Abatement Agreement (the "Agreement") is entered into by and among
the City of Wylie, Texas (the "CITY"), and Carlisle Coatings & Waterproofing, Inc.,
("CARLISLE") acting by and through their respective authorized officers.
WITNESSETH:
WHEREAS, the City Council of the CITY, passed an Ordinance (the
"ORDINANCE") establishing Reinvestment Zone No. 4 (the "ZONE"), for industrial
tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act,
Chapter 312 of the Texas Tax Code, as amended (the "TAX CODE"); and
WHEREAS, the CITY has adopted guidelines for tax abatement (the "TAX
ABATEMENT GUIDELINES"), and
WHEREAS, the TAX ABATEMENT GUIDELINES contain appropriate
guidelines and criteria governing tax abatement agreements to be entered into by the
CITY as contemplated by the TAX CODE; and
WHEREAS, the CITY has adopted a resolution stating that it elects to be eligible
to participate in tax abatement; and
WHEREAS, in order to maintain and enhance the industrial economic and
employment base of the Wylie area, it is in the best interest of the taxpayers for the CITY
to enter into this AGREEMENT; and
WHEREAS, CARLISLE improvements described herein will create permanent
new jobs in the CITY; and
WHEREAS, the City Council finds that the use of the PREMISES (hereinafter
defined), and other terms hereof are consistent with encouraging development of the
ZONE in accordance with the purposes for its creation and in compliance with the TAX
ABATEMENT GUIDELINES, the ORDINANCE adopted by the CITY, the TAX
CODE and all other applicable laws; and
WHEREAS, the City Council finds that the improvements accomplished will be
of benefit to the land to be included in the ZONE and to the CITY after expiration of this
AGREEMENT; and
Tax Abatement Agreement - 1
WHEREAS, a copy of this AGREEMENT has been furnished, in manner
prescribed by the TAX CODE, to the presiding officers of the governing bodies of each
of the TAXING UNITS in which the PREMISES is located; and
WHEREAS, the CITY desires to enter into an AGREEMENT with
CARLISLE, the owners of Property within the ZONE for the abatement of taxes
pursuant to Chapter 312 of the TAX CODE, as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises
contained herein and for good and other valuable consideration, the adequacy and receipt
of which is hereby acknowledged, including the expansion of primary employment, the
attraction of major investment in the ZONE, which contributes to the economic
development of the CITY, the parties agree as follows:
GENERAL PROVISIONS
1. CARLISLE purchased from the Wylie Economic Development Corporation (the
"WEDC") and is the owner of the real property described in Exhibit "A" attached hereto
and made part hereof for purposes as the ("PREMISES"), which PREMISES is located
within the city limits of the CITY and within the ZONE. CARLISLE is the owner of
tangible personal property that will be located on the PREMISES.
2. The PREMISES is not owned by any member of the Wylie City Council, or any
member of the Wylie Planning and Zoning Commission, or any member of the governing
body of any taxing units joining or adopting this AGREEMENT.
TAX ABATEMENT AUTHORIZED
3. This AGREEMENT is authorized by the TAX CODE, and in accordance with
the TAX ABATEMENT GUIDELINES, as approved by resolution of the City Council
of the CITY authorizing the execution of this AGREEMENT.
4. Subject to the terms and conditions of this AGREEMENT, the CITY hereby
grants CARLISLE an abatement of ad valorem taxation on the PREMISES and further
grants to CARLISLE an abatement of ad valorem taxation for the TANGIBLE
PERSONAL PROPERTY to be located on the PREMISES for a period of five (5)
years in accordance with the schedule described below. The actual percentage of taxes
subject to abatement for each year of this AGREEMENT will apply only to the portion
of TAXABLE VALUE (hereinafter defined) of the real property that exceeds the
unimproved property's taxable value for the BASE YEAR 2001 (hereinafter defined).
Tax Abatement Agreement - 2
Year Percentage of Abatement
1 80%
2 80%
3 80%
4 80%
5 80%
5. The period of tax abatement herein authorized shall be five (5) years, beginning
the FIRST YEAR OF TAX ABATEMENT (hereinafter defined).
6. During the period of tax abatement herein authorized, CARLISLE shall be
subject to all City taxation not abated, including but not limited to, sales tax and ad
valorem taxation on land to the extent not abated hereby.
DEFINITIONS
7. Wherever used in this AGREEMENT, the following terms shall have the
meanings ascribed to them:
A. The PREMISES shall mean the real property described in Exhibit
"A" attached hereto and incorporated herein for all purposes including any
improvements and TANGIBLE PERSONAL PROPERTY, which is added to
the property subsequent to the BASE YEAR;
B. The IMPROVEMENTS shall mean the improvements located on
the PREMISES and as further described herein, including but not limited to
buildings and structures added to the property;
C. The BASE YEAR shall mean the year immediately preceding the
addition of IMPROVEMENTS to the PREMISES subsequently being the year
immediately preceding the execution of the Tax Abatement AGREEMENT
(2001).
D. The FIRST YEAR OF TAX ABATEMENT shall begin January
1, 2002.
E. TAXABLE VALUE means the appraised value of the
PREMISES or the TANGIBLE PERSONAL PROPERTY, as the case may be,
as certified by the Collin County Appraisal District as of January 1 of a given
year.
F. TANGIBLE PERSONAL PROPERTY shall mean tangible
personal property, equipment and fixtures other than inventory, or supplies added
to the PREMISES subsequent to the BASE YEAR;
Tax Abatement Agreement- 3
G. For purposes hereof, an "Event of Bankruptcy or Insolvency"
shall mean the dissolution or termination of CARLISLE existence as a going
business, insolvency, appointment of receiver for any part of CARLISLE
property and such appointment is not terminated within ninety (90) days after
such appointment is initially made, any general assignment for the benefit of
creditors, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against CARLISLE and such proceeding is not dismissed
within ninety (90) days after filing thereof.
IMPROVEMENTS
8. CARLISLE owns the real property described in Exhibit "A" and agrees to
maintain one office building/warehouse building of approximately 107,000 square feet
(and other ancillary facilities such as reasonably required parking and landscaping more
fully described in the submittals filed by CARLISLE with the CITY) (the
"IMPROVEMENTS"). The costs of the IMPROVEMENTS exclusive of the land
shall be at least Four Million Eight-Hundred Thousand ($4,800,000). CARLISLE
agrees to maintain the PREMISES and occupy the IMPROVEMENTS for a period of
ten (10) years and to locate TANGIBLE PERSONAL PROPERTY on the
PREMISES.
9. Subject to events of casualty, condemnation, or Force Majeure, CARLISLE
agrees to maintain the PREMISES in substantial accordance with all applicable state and
local laws, codes, and regulations for a period of not less than ten (10) years after the date
a certificate of occupancy is issued for the IMPROVEMENTS or until the CITY and the
TAXING UNITS have received ad valorem taxes from the PREMISES in an amount
equal to all the ad valorem taxes abated herein whichever occurs first.
GENERAL REQUIREMENTS
10. CARLISLE shall certify in writing to the CITY the construction cost of the
IMPROVEMENTS (including, but not limited to, all architectural and engineering fees,
loan fees and other normal and customary soft costs). CARLISLE shall annually certify
to the CITY to the best of their knowledge that they are in substantial compliance with
each term of the AGREEMENT.
11. The PREMISES constructed thereon at all times shall be used in the manner that
is consistent with the City's Zoning Ordinance, as amended.
DEFAULT: RECAPTURE OF TAX REVENUE
12. In the event that CARLISLE fails in performance of any of the following
conditions: (i) completion of the IMPROVEMENTS in accordance with this
AGREEMENT or in accordance with applicable State or local laws, codes or
regulations; (ii) have any delinquent ad valorem or State sales taxes owed to the CITY
Tax Abatement Agreement - 4
(provided such party retains the right to timely and properly protest and/or contest such
taxes or assessments and the tax abatement will be applied to the amount of taxes finally
determined to be due as a result of such protest or contest); (iii) upon the occurrence of
any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the material terms and
conditions of this AGREEMENT, then CARLISLE, after the expiration of the notice
and cure periods described herein, shall be in default of this AGREEMENT ( an
"EVENT OF DEFAULT"). As liquidated damages in the event of EVENT OF
DEFAULT, and during the continuance of such EVENT OF DEFAULT, CARLISLE
shall, within thirty (30) days after demand, pay to the CITY all taxes which otherwise
would have been paid to the CITY without benefit of a tax abatement with interest at the
statutory rate for delinquent taxes as determined by Section 33.01 of the TAX CODE, as
amended, but without penalty.
13. Upon material breach by CARLISLE of any material obligations under this
AGREEMENT, the CITY shall notify CARLISLE in writing. CARLISLE shall have
thirty (30) days from receipt of the notice in which to cure any such default. If the default
cannot reasonably be cured within a thirty (30) day period, and CARLISLE commences
action reasonably calculated to cure such default within the thirty (30) day period and
continues thereafter to diligently and continuously pursue the same to conclusion,
CARLISLE shall have up to, but not exceeding, an additional ninety (90) days in which
to effectuate the cure of such breach. If the default cannot be reasonably cured within
such period, the CITY may, in its reasonable discretion extend the period in which the
violation must be cured.
14. If CARLISLE fails to cure the default within the time provided herein or, as such
time period may be extended, an EVENT OF DEFAULT shall be deemed to have
occurred and during the continuance of such EVENT OF DEFAULT the CITY at its
sole option shall have the right to terminate this AGREEMENT by written notice to
CARLISLE.
15. Upon termination of this AGREEMENT by CITY, all tax revenue abated as a
result of this AGREEMENT shall become a debt to the CITY as liquidated damages and
shall become due and payable not later than thirty (30) days after a notice of termination
is made. The CITY shall have all remedies for the collection of delinquent property tax.
The CITY at its sole discretion has the option to provide a repayment schedule. The
computation of tax revenue abated for the purposes of the AGREEMENT shall be based
upon the full TAXABLE VALUE without tax abatement for the years in which tax
abatement hereunder was received by CARLISLE with respect and/or the TANGIBLE
PERSONAL PROPERTY as the case may be, as determined by the Collin County
Appraisal District, multiplied by the tax rate of the years in question, as calculated by the
Collin County Tax Assessor-Collector. Penalties as provided for delinquent taxes shall
accrue after the expiration of the thirty (30) day payment period.
Tax Abatement Agreement- 5
ANNUAL APPLICATION FOR TAX EXEMPTION
16. It shall be the responsibility of CARLISLE, pursuant to the TAX CODE, to file
an annual exemption application form with the Chief Appraiser for each appraisal district
in which the eligible taxable property has situs. A copy of each exemption application
shall be submitted to the CITY.
SUCCESSORS AND ASSIGNS
17. This AGREEMENT shall be binding on and inure to the benefit of the party to it
and its respective heir, executor, administrator, legal representatives, successors, and
assigns. This AGREEMENT may be assigned to affiliates of CARLISLE without the
CITY's consent. Any other assignment shall require the consent of the CITY, such
consent not to be unreasonably withheld, conditioned or delayed.
NOTICE
18. All notices required by this AGREEMENT shall be addressed to the following,
or such other party or address as the parties designate in writing, by certified mail,
postage prepaid, return receipt requested, or by hand delivery. Any notice required or
permitted to be delivered hereunder shall be deemed received three (3) business days after
deposited in an official depository under the regular care and custody of the United States
Postal Service and sent by United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the party at the address set forth below or on the day
actually received in sent by courier or otherwise hand delivered. No notice of change of
address shall be effective until ten (10) days following deposit of the same in an official
depository under the regular care and custody of the United States Postal Service as
aforesaid.
1. CITY Mayor and City Manager
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
2. Mr. Richard Abernathy
City of Wylie City Attorney
1700 Redbud Blvd., Suite 300
P.O. Box 1210
McKinney, Texas 75069-1210
3. CARLISLE General Manager
Carlisle Coatings & Waterproofing, Inc.
903 West Hensley Lane
Wylie, Texas 75098
Tax Abatement Agreement - 6
Carlisle SynTec Legal Department
17103 Ritner Road
Carlisle, PA 17078
AUTHORIZATION
19. This AGREEMENT was authorized by ordinance of the City Council
authorizing the Mayor to execute this AGREEMENT on behalf of the CITY.
SEVERABILITY
20. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this AGREEMENT, shall be
enforceable and shall be enforced as if the parties intended at all times to delete said
invalid section, subsection, paragraph, sentence, phrase or word; and such invalid, illegal,
unconstitutional or unenforceable section, subsection, paragraph, sentence, phrase or
word shall be substituted by a section, subsection, paragraph, sentence, phrase or word as
near in substance thereto as may be valid, legal, constitutional and enforceable.
APPLICABLE LAW
21. This AGREEMENT shall be construed under the laws of the State of Texas.
Venue for any action under this AGREEMENT shall be the State District Court of
Collin County, Texas.
ENTIRE AGREEMENT
22. This AGREEMENT embodies the complete agreement of the parties hereto,
superseding all oral or written previous and contemporary agreements between the parties
and relating to the matters in this AGREEMENT, and except as otherwise provided
herein cannot be modified without written agreement of the parties to be attached to and
made part of this AGREEMENT.
23. The provisions of this AGREEMENT are hereby declared covenants running
with the PREMISES and are fully binding on all successors, heirs, and assigns of
CARLISLE who acquire any right, title, or interest in or to the PREMISES or any part
thereof. Any person who acquires any right, title, or interest in or to the PREMISES, or
any part hereof, thereby agrees and covenants to abide by and fully perform the
provisions of this AGREEMENT with respect to the right, title or interest in such
PREMISES.
EXHIBITS
24. All exhibits to this AGREEMENT are incorporated herein by reference for all
purposes wherever reference is made to the same.
Tax Abatement Agreement - 7
EXECUTED in duplicate originals this the day of , 2002.
CITY OF WYLIE, TEXAS
By:
JOHN MONDY, MAYOR
ATTEST:
By:
BARBARA SALINAS, CITY SECRETARY
EXECUTED in duplicate originals this the day of , 2002.
CARLISLE COATINGS &
WATERPROOFING, INC.
a Deleware Corporation
By:
ALTON HARVEY, CFO
EXECUTED in duplicate originals this the day of , 2002.
COUNTY OF COLLIN
By:
RON HARRIS, COUNTY JUDGE
EXECUTED in duplicate originals this the day of , 2002.
COLLIN COUNTY COMMUNITY
COLLEGE DISTRICT
By:
SAM E. ROACH, CHAIRMAN
Tax Abatement Agreement - 8
MAYOR'S ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of ,
2002, by John Mondy, as Mayor of the City of Wylie, Texas.
Notary Public In and For the State of Texas
Tax Abatement Agreement - 9
CARLISLE'S ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of ,
2002,by Alton Harvey, as CFO of Carlisle Coatings & Waterproofing, Inc.
Notary Public In and For the State of Texas
Tax Abatement Agreement - 10
COUNTY'S ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of 1
2002, by Ron Harris, as County Judge of Collin County, Texas.
Notary Public In and For the State of Texas
Tax Abatement Agreement - 11
COLLEGE DISTRICT'S ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of t
2002, by Sam E. Roach, as Chairman of the Collin County Community College District.
Notary Public In and For the State of Texas
Tax Abatement Agreement - 12
EXHIBIT "A"
PROPERTY DESCRIPTION
Being a tract of land more particularly described as Lot 3, Block B, of Premier Industrial
Park South, First Revision, an addition to the City of Wylie, Collin County, Texas,
according to the plat thereof recorded in the Cabinet L, Page 427, Map Records, Collin
County, Texas.
Tax Abatement Agreement - 13
WYLIE CITY COUNCIL
AGENDA ITEM NO. 6 , _
August 27, 2002
Issue
Hold a public hearing to consider and act upon an ordinance adopting new sign regulations and repealing
all conflicting ordinances.
Background
When the City Council approved the new zoning regulations last winter, it was decided to remove the
proposed sign regulations from the zoning ordinance. Staff was directed specifically to review the
section of the ordinance that did not allow pole signs anywhere within the City of Wylie.
Options for Council to consider regarding pole signs include:
1. Allow pole signs along Highway 78 and FM544 only.
2. Allow pole signs only in certain zoning districts such as Commercial Corridor, Business Center
and Community Retail.
3. Allow pole signs throughout the City.
4. Disallow all pole signs within the City.
Additionally, staff proposes to extend this ordinance into areas of our ETJ in order to regulate billboards
that are within 500 feet of Highway 78.
Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendation
The Planning and Zoning Commission recommended approval of the attached ordinance at its August
20, 2002 meeting with one exception, to disallow all pole signs within the City.
Staff Recommendation
N/A
Attachments
Proposed ordinance adopting new sign regulations.
d� , , ,• /
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repared by Rev' d by Finance City My ager Approval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING SIGN
REGULATIONS FOR THE CITY OF WYLIE AND THE PORTION OF ITS
EXTRA-TERRITORIAL JURISDICTION LOCATED WITHIN 500 FEET
OF THE RIGHT-OF-WAY OF STATE HIGHWAY 78; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that the City of Wylie, Texas ("Wylie") should adopt Sign
Regulations as an ordinance; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to establish an
ordinance independent and separate of the zoning ordinance so that signs may be
regulated within Wylie and in the portions of its extraterritorial jurisdiction ("ETJ") located
within five-hundred (500) feet of the right-of—way of State Highway 78; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to prevent
potential traffic hazards resulting from the signs' distractions and locations;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to prevent
nuisances and invitations to vandalism;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to avoid
obstructions to police and citizen views as a means of crime prevention;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to avoid
obstructions to emergency services;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to create a neat
and orderly appearance throughout Wylie;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to create a
gateway effect into commercial areas and neighboring residential areas;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to create a
means of safely identifying a place of business and the services available on the
premises without creating esthetic offenses and harm;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to support the
general welfare of the citizens and to maintain the historically small town atmosphere
during a time of growth by providing for a means to communicate information related to
the residential community, civic activities and government;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to insure a
noncommercial atmosphere in residential areas;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to maintain
open spaces by setbacks;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to create
appropriate and orderly commercial and residential atmospheres;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to maintain the
privacy of the home and limit what an unwilling viewer must be exposed to relative to
the enjoyment of the investment made in the home;
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of Wylie to enhance
property values and psychological well-being for individuals and families;
WHEREAS, Wylie has complied with all notices and public hearings as required
by law; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Sign Regulations Established. The Ordinance shall apply within the
corporate limits of Wylie, and in the portions of Wylie's ETJ that are located within five-
hundred (500) feet of the right-of-way of State Highway 78. The sign regulations for
Wylie are attached hereto as Exhibit "A" and incorporated as if fully set forth herein.
SECTION 3: Penalty Provision: Any person, firm, corporation or business entity
violating this Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars
($500.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 4: Savings/Repealing Clause: All provisions of any ordinance in
conflict with this Ordinance are hereby repealed, but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinance shall remain in full force and
effect.
SECTION 5: Severability: Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Wylie hereby declares that it would have passed
this Ordinance, and each section, subsection, clause or phrase thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
SECTION 6: Effective Date: This Ordinance shall become effective from and
after its adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this day of , 2002.
JOHN MONDY, Mayor
ATTESTED AND CORRECTLY APPROVED AS TO FORM:
RECORDED:
BARBARA SALINAS, ABERNATHY, ROEDER, BOYD &
City Secretary JOPLIN, P.C.
Richard M. Abernathy
City Attorneys
Date of Publication:
SIGN REGULATIONS
1. Intent 1
2. Definitions , 2
3. Administration 7
A. Permits 7
B. Applications 7
C. Work Started Without a Permit 7
D. Permit Revocable 8
E. Nonconforming Existing Signs 8
F. Signs Exempt from Permit Regulations 8
G. Prohibited Signs 11
H. Inspection 12
I. Removal of Obsolete Signs 12
J. Removal or Repair of Dilapidated or Deteriorated Signs 12
K. Removal of Illegally Erected Signs 12
L. Removal Expenses 12
M. Appeals 13
4. GENERAL SIGN REGULATIONS 14
A. Flags 14
B. Obscenity 14
C. Obsolete Signs 14
D. Maintenance of Signs 14
E. Signs Held by Pedestrians 14
F. Wind Pressure and Dead Load Requirements 15
G. Obstructing Doors, Windows, or Fire Escapes 15
"ATTACHMENT A"
H. Placement of Advertising Matter 15
I. Signs Prohibited On or Over Public Property 15
J. Illumination of Signs 15
K. Searchlights 16
5. Attached Sign Regulations 17
A. Maximum Sign Area 17
B. Illumination of Attached Signs 17
C. Window Signs 17
D. Awning Signs 18
E. Projecting Signs 18
F. Marquee Signs 18
G. Canopy Sign 19
6. Monument Sign Regulations 20
A. Properties with Multiple Tenants 20
B. Properties with Single Tenants 20
C. Gasoline Pricing Signs 21
D. Material Regulations 21
E. Illumination 21
F. Model Home Signs 21
7. Other types of Signs 23
A. Menu Board Signs 23
B. Subdivision Entry Signs 23
C. Directory Signs 23
D. Institutional Signs 24
E. Pole Signs 24
8. Temporary Sign Regulations 25
A. Development Signs 25
B. Real Estate Sign 25
C. Promotional Signage 25
9. SIGNS LOCATED IN THE CITY RIGHT-OF-WAY 27
A. Permits 27
B. Time Limitations 27
C. Location 27
D. Size 27
E. Height 27
F. Number of Signs 27
G. Sign Placement Vehicles 28
H. Tampering with Permit Decals 28
I. Temporary Banners and Streamers in the Right-of-Way 28
J. Removal of Unpermitted Signs 28
SIGN REGULATIONS
1. INTENT
A. Signs are an important component of the urban built environment, providing
important information, and directions to community residents and visitors.
However:
1. The uncontrolled proliferation of signs is hazardous to users of streets and
highways within the City of Wylie and will adversely affect the safety and
efficiency of the City's transportation network; and
2. Unless the location, number, setback, lighting, and size of signs are
regulated, the scattering of the signs throughout the City would be detrimental
to the preservation of scenic resources and so to the economic base of the
City; and
3. The proliferation of signs in the City has an adverse affect on adjacent
property values; and
4. The orderly and uniform regulation of signs is a substantial factor in guiding
the attractive and aesthetic development of properties in accordance with the
comprehensive plan and thereby avoiding detrimental impacts of signs on the
appearance of the City.
B. Therefore it is the intent of these regulations:
1. To protect the safety and efficiency of the City's transportation network by
reducing the confusion or distraction to motorists and enhancing the
motorist's ability to see pedestrians, obstacles, other vehicles, and traffic
signs;
2. To preserve, protect, and enhance areas of historical, architectural, cultural,
aesthetic, and economic value regardless of whether they are natural or
manmade;
3. To protect the value of adjacent and nearby properties, in particular,
residentially zoned properties from the impact of lighting, size, height,
movament, and location of signs;
4. To enhance the image of the City which is conveyed to tourists and visitors by
controlling the location, number, and size of signs;
5. To integrate sign regulations more effectively with other regulations by
establishing regulations for setbacks, height, and spacing to allow for lighting,
ventilation, and preservation of views in a manner consistent with land uses in
the various zoning districts; and
6. To preserve and enhance the appearance of the City and the public interest
in aesthetics, and to control and reduce visual clutter and blight.
CITY OF WYLIE SIGN REGULATIONS Page 1
2. DEFINITIONS
Alter means to change the size, shape or outline, or type of sign or to change the
electrical lighting, except for the replacement of lamps not brighter than the original or
the replacement of a surface panel.
Attach means to stick, tack, nail or otherwise affix a sign to any object; to paint, stencil,
write, or otherwise mark on an object.
Awning means an architectural projection that provides weather protection, identity and
decoration, and is supported by the building to which it is attached. It is composed of a
lightweight rigid or retractable skeleton structure over which a thin cover is attached
which may be of fabric or other materials, and may be illuminated.
Building means a structure which has a roof supported by columns, wall or air for the
shelter, support, or enclosure of persons, animal or chattel.
Building Official means the building official for the City of Wylie or his/her designee.
Canopy means a roof-like structure which shelters a use such as, but not restricted to,
a gasoline pump island, and is supported by either one or more columns or by the
building to which it is accessory to and is open on two or more sides.
Dilapidated or deteriorated condition means any sign:
A. Where elements of the surface or background can be seen as viewed from
the normal viewing distance (intended viewing distance), to have portions of
the finished material or paint flaked, broken off, or missing, or otherwise not in
harmony with the rest of the surface; or
B. Where the structural support or frame or sign panels are visibly bent, broken,
dented, or torn as to constitute an unsightly, hazardous or harmful condition;
or
C. Where the sign, or its elements, are twisted or leaning or at angles other than
those at which it was originally erected (such as may result from being blown
or the failure of a structural support); or
D. Where the message or wording can no longer be clearly read by a person
under normal viewing conditions; or
E. Where the sign or its elements are not in compliance with the regulations of
the National Electrical Code and/or the Uniform Building Code currently
adopted by the City.
Erect means to build, construct, attach, hang, place, suspend or affix, and shall also
include the painting of signs on the exterior surface of a building or structure.
Facing or surface means the surface of the sign upon, against or through which the
message is displayed or illustrated on the sign.
Flag means a piece of cloth, canvas, or other light fabric, usually rectangular in shape,
containing a distinctive design or message which is used as a symbol or to signal or
attract attention.
CITY OF WYLIE SIGN REGULATIONS Page 2
Illuminated sign means any sign which has characters, letters, figures, or designs
illuminated by electric lights, luminous tubes or other means that are specifically placed
to draw attention to, or to provide night time viewing of, the subject matter on the sign
face.
Incombustible material means any material which will not ignite at or below a
temperature of 1,200 degrees Fahrenheit, and will not continue to burn or glow at that
temperature.
Logo means any design or insignia of a company or product which is commonly used in
advertising to identify that company or product.
Pennant means any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire or string, usually in a
series, designed to move in the wind.
Premises means a lot or unplatted tract, or a combination of contiguous lots and/or
unplatted tracts of land where the lot, tract, or combination of lots and/or tracts is under
single ownership and is reflected in the plat record of the City.
Public Right-of-Way means a dedicated road or street including the easement for that
road or street.
Roof means any exterior surface of a structure that has a slope of less than 60 degrees
and shall also include the top most portion of any structure.
Searchlight means an apparatus capable of projecting a beam or beams of light in
excess of 1 million peak candlepower.
Sight Visibility Triangle means where one street intersects with another, the triangular
area formed by extending two (2) curb lines a distance of forty-five (45) feet from their
point of intersection, and connecting these points with an imaginary line, thereby making
a triangle. If there are no curbs existing, the triangular area shall be formed by
extending the property lines a distance of thirty (30) feet from their point of intersection
and connecting these points with an imaginary line thereby making a triangle. Where a
street intersects with an alley or driveway, the "sight visibility triangle" is the triangular
area formed by measuring eight (8) feet to a point along the property lines and adjoining
said points to form the hypotenuse of the triangle.
Sign means any device, flag, banner, light, figure, picture, letter word, message,
symbol, plaque, or poster visible from outside the lot on which it is located and designed
to inform or attract the attention of persons not on that lot.
Sign area means the actual area of a face of the sign, unless the sign is not of a regular
(square, rectangle, triangle, circle) shape. In the case of an irregularly-shaped sign, the
entire area within a single continuous perimeter forming the most applicable single
regular shape enclosing the extreme limits of each sign shall be the "gross surface
area." In the event two or more signs share a single structure, each sign or panel may
be considered separately for square footage purposes, except that the combined
footage of such signs cannot exceed the total square footage allowed for the sign.
Sign, Attached means any sign attached to, applied on, or supported by, any part of a
building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which
CITY OF WYLIE SIGN REGULATIONS Page 3
encloses or covers usable space. Neon tubing attached directly to a wall surface shall
be considered a "wall sign" when forming a border for the subject matter, or when
directing attention to the subject matter or when forming letters, logos, or pictorial
designs.
Sign, Banner means a temporary sign composed of cloth, plastic, paper, canvas or
other light fabric.
Sign, Changeable Message means a sign whose face is designed and constructed in
a manner capable of changing messages through a system of removable characters or
panels attached to the face of the sign or changed by electronic means.
Sign, Development means a temporary on-site sign providing identification or
information pertaining to a residential or commercial development and may include the
builder, property owner, architect, contractor, engineer, landscape architect, decorator,
or mortgagee, within that development, but shall not include a subdivision marketing
sign.
Sign, Directional means any on-site sign to direct the public to entrances, exits and
services located on the property on which the sign is located.
Sign, Directory means any sign listing occupants within shopping centers, industrial
sites, retail districts, office districts and commercial sites.
Sign, Garage sale means any temporary, on-site Promotional Sign for the sale of
personal household goods in a residential zoning district or on the property of a
nonprofit organization.
Sign, Incidental means any sign containing information incidental to the operation of
the business such as but not limited to hours of operation, accepted credit cards and
parking information.
Sign, Inflatable means any hollow sign expanded or enlarged by the use of air or gas.
Sign, Menu Board means a permanent on-site sign that displays a menu and pricing
for food services and may include an audible speaker and microphone integral to the
sign.
Sign, Model Home means any sign identifying a new home, either furnished or
unfurnished, as being a builder's or contractor's model open to the public for inspection.
Sign, Movement Control means a sign providing direction or traffic flow information for
persons or vehicles located the same premises as the sign. Movement Control Signs
shall not advertise or otherwise draw attention to the premises, an individual, business,
commodity, service, activity or product.
Sign, Municipally-Owned means any sign that identifies a park, entrance to the City,
place of interest within the City, any City sponsored event or any municipally-owned
facility and is erected by or at the direction of a City official. A municipally-owned sign
does not include traffic or street identification signs.
Sign, Monument means any detached sign made from masonry, concrete materials,
wood or plastic provided that a masonry or metal base is incorporated into the sign, with
no separation between the base of the sign and grade.
CITY OF WYLIE SIGN REGULATIONS Page 4
Sign, Obsolete means any sign that no longer serves a bona fide use or purpose.
Sign, Off-Premise means a sign displaying advertising copy that pertains to a
business, person, organization, activity, event, place, service or product not principally
located or primarily manufactured or sold on the lot on which the sign is located.
Sign, Pole means any sign erected on a vertical framework consisting of one or more
uprights supported by the ground and where there is a physical separation between the
base of the sign and the ground.
Sign, Political means a temporary sign relating to the election of a person to public
office, relating to a political party, or relating to a matter or measure to be voted on at an
election called by a public body.
Sign, Portable means a sign that is not securely connected to the ground in such a way
that it cannot easily be moved from one location to another and is not a vehicular sign.
Sign, Promotional means any type of temporary sign used for special promotions
including, but not limited to, grand openings, anniversary celebrations, sales, and other
such events. Promotional signs include, but are not limited to, banners, pennants,
streamers, balloons, flags, bunting, inflatable signs and other similar signs.
Sign, Protective means signs that identify or warn of any security devices located on
the premises, including guard dogs.
Sign, Reader board means any sign comprised of changeable letters that allows a
change of sign copy by adding or removing letters. The sign copy shall conform to the
category use of the sign allowed by this Ordinance.
Sign, Real Estate means any on-site temporary sign pertaining to the sale or rental of
property and advertising property only for the use for which it is legally zoned.
Sign, Subdivision means a sign that identifies the name of the subdivision only.
Sign, Window means any sign, banner, poster or display located on the internal or
external surface of the window of any establishment for the purpose of advertising
services, products or sales available within such establishment or which announces the
opening of such establishment.
Sign Support means any pole, post, strut, cable or other structural fixture or framework
necessary to hold and secure a sign, providing that said fixture or framework is not
imprinted with any picture, symbol or word using characters in excess of one inch (1")
in height, nor is internally or decoratively illuminated.
Sign, Vehicular means any sign on a vehicle parked temporarily, incidental to its
principal use for transportation. This definition shall not include signs being transported
to a site for permanent erection.
Sign Setback means the horizontal distance between a sign and the front or side
property line, as measured from that part of the sign, including its extremities and
supports, nearest to any point on any imaginary vertical plane projecting vertically from
the front or side property line.
Wall means any exterior surface of a structure that has a slope of 60 degrees or more.
CITY OF WYLIE SIGN REGULATIONS Page 5
Zoning District, Non-Residential means any zoning district designated by the Zoning
Ordinance of the City of Wylie as NS, CR, BP, CC, I, PD, FP, DTH.
Zoning District, Residential means any zoning district designated by the Zoning
Ordinance of the City of Wylie as AG/28, SF-1A/26, SF-30/24, SF-20/21, SF-10/19, SF-
8.5/17, TH/15, MF, MH.
CITY OF WYLIE SIGN REGULATIONS Page 6
3. ADMINISTRATION
The provisions of this Ordinance shall be administered by the Building Official.
A. Permits
1. No sign shall be erected, constructed, relocated, altered, repaired or
maintained except as provided in this Ordinance until a permit for such has
been issued by the City of Wylie and the fee paid, except as otherwise
provided in this Ordinance. Permit fees are contained in Appendix A of the
Code of Ordinances.
2. A permit for a sign, shall expire if the work is not commenced within ninety
(90) days from the date of such permit.
3. Electrical permit: Where signs contain electrical wiring and connections,
an electrical permit must also be obtained in addition to the permit for the
sign. No sign shall be erected in violation of the City's electrical code.
4. Not to Issue to Persons Previously Failing to Pay Fees: The City shall
not issue a permit under the provisions of this Ordinance to any person,
business, entity, organization or activity who has previously failed or refused
to pay any fees or costs assessed against him under the provisions of this
Ordinance.
5. Easements: No sign shall be located in any easement other than a
landscape easement.
B. Applications
All applications for permits shall include each of the following:
1. A completed permit application.
2. A drawing of the proposed sign and all existing signs maintained on the lot
and visible from the right-of-way.
3. A drawing of the lot plan or building facade indicating the proposed location
of the sign, and specifications.
C. Work Started Without a Permit
No sign requiring a permit may be erected or installed without first having a
permit. If any work for which a permit is required by this Ordinance has been
commenced without first obtaining a permit the following shall apply:
1. Investigation. A special investigation to determine compliance shall be
made before a permit may be issued for the work.
2. Investigation Fee. In addition to the permit fee, an investigation fee shall be
collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by
this City. The payment of the investigation fee shall not exempt any person
from compliance with all other provisions of this Ordinance nor from any
other penalty prescribed by law.
CITY OF WYLIE SIGN REGULATIONS Page 7
D. Permit Revocable
1. The City may suspend or revoke any permit issued under the provisions of
this Ordinance whenever it shall be determined that the permit is issued:
a. in error; or
b. on the basis of incorrect or false information supplied; or
c. in violation of any of the provisions of this Ordinance; or
d. in violation any other Ordinance of this City or laws of this State or the
Federal government.
2. The suspension or revocation shall be effective when communicated in
writing to the person to whom the permit is issued, the sign owner, or to the
property owner upon who's property the sign is located.
3. Any signs installed or existing under a revoked permit shall be removed by
the permit holder, sign owner, or property owner within ten (10) days of
written notice of the revocation.
E. Nonconforming Existing Signs
Every sign lawfully in existence on the date of passage of this Ordinance may be
repaired without applying for a permit hereunder, but no such sign or sign facing
shall be altered or moved unless a permit be issued pursuant to the provisions of
this Ordinance. In the case where a sign facing is being replaced for the same
business, a permit is not required. Temporary permits granted prior to the
passage of this Ordinance shall be renewed only if the applicant complies with all
provisions of this Ordinance.
F. Signs Exempt from Permit Regulations
A permit shall not be required for the following signs, provided however, the signs
shall otherwise comply with all other applicable sections of this Ordinance.
1. Nameplates
Nameplates, or signs reflecting the name of a building or structure (i.e., a
fence) or the name of the company that built or designed the building or
structure, not exceeding one square foot in area.
2. Building Identification/Memorial
Memorial signs or tablets, names of buildings and date of erection, when cut
into any masonry surface or when constructed of bronze or other
incombustible materials.
3. Traffic
Traffic or street signs, legal notices, railroad crossing signs, danger, and
emergency, temporary or non-advertising signs as may be approved by the
City Council or the City Manager or his authorized representative.
4. Signs Inside a Building
CITY OF WYLIE SIGN REGULATIONS Page 8
Signs located inside a building and which are not displayed so as to be
visible from outside the building. Signs located in covered mall buildings
shall comply with the current building code and electrical code.
5. Changeable Copy
Copy change only for previously permitted signs designed to provide a
changeable copy area.
6. Movement Control Signs
Movement Control Signs may be erected at any occupancy or any lot, other
than single family or duplex premises, may be attached or detached and
may be erected without limits as to number; provided that such signs shall
comply with all other applicable regulations of this Ordinance. Movement
Control Signs shall be premise signs only. The occupant of a premise who
erects a Movement Control Sign shall comply with the following regulations:
a. Each sign must not exceed five (5) square feet in effective area.
b. If a sign is an attached sign, as defined, the words must not exceed six
inches (6") in height.
c. Each sign must convey a bona fide message which directs vehicular or
pedestrian movement within or onto the lot on which the sign is
located.
7. Protective Signs
The occupant of a premise may erect a maximum of two (2) Protective
Signs, in accordance with the following regulations:
a. Each sign must not exceed six (6) square feet in effective area.
b. Detached signs must not exceed three feet (3') in height.
8. Government Signs
Flags, insignia, legal notices, or informational, directional or traffic signs
which are legally required or necessary to the essential functions of
government agencies and decorative displays for holidays or public
demonstrations which do not contain advertising and are not used as such.
9. Holiday Lights and Decorations
Temporary lights and holiday decorations displayed ninety (90) days or less
shall be exempt from the terms of this ordinance.
10. Non-Illuminated Political Signs
a. With the permission of the property owner or tenant, non-illuminated
political signs may be erected in any zoning district with no limitation as
to their number. On lots where a sidewalk exists within the street right-
of-way, signs shall be located between the sidewalk and the structure -
but no closer than three feet (3') from the sidewalk. On lots where no
CITY OF WYLIE SIGN REGULATIONS Page 9
sidewalk exists within the street right-of-way, the sign shall be located
at least ten feet (10') from the edge of the street.
b. Political Signs that are located on developed residential property or in
a developed subdivision zoned Residential shall not exceed nine (9)
square feet in effective area per side.
c. Signs erected on property zoned Non-Residential or undeveloped
residentially zoned property shall not exceed thirty-two (32) square feet
in effective area per side.
d. Political Signs shall not exceed six feet (6') in height.
e. Political Signs shall not be placed within the public right-of-way (except
as allowed in Section 9).
f. The candidate, his campaign treasurer or assistant campaign treasurer
or the campaign treasurer of a political committee shall be responsible
for the erection and removal of the Political Signs or advertisements
and for compliance with the provisions of this Ordinance and the laws
of the State of Texas.
g. Political Signs shall not be affixed to utility poles or official signs (e.g.
street signs or speed limit signs).
h. Political Signs shall not be erected earlier than thirty (30) days prior to
the election that the sign pertains and must be removed within fourteen
(14) days after the election.
11. Special Event or Public Announcement Signs
Signs providing public information concerning special events, bazaars,
rallies, or other similar activities sponsored by non-profit organizations
including charitable, religious, philanthropic, educational, or civic institutions
with the following regulations:
a. Signs must be located on private property and the organization must
have permission from the property owner to place the sign on their
property. (Signs of this type can be off-premise signs and are exempt
from Section 4 (h)).
b. The maximum sign area is thirty-two (32) square feet.
c. The maximum height is six feet (6').
d. A maximum of six (6) off-premise signs in the City advertising the non-
profit organization function.
e. The advertised function must occur within the corporate limits of the
City of Wylie, its ETJ, or an adjacent municipality and be sponsored by
a non-profit organization located within the City of Wylie.
f. Signs shall not be located on a residential premise.
CITY OF WYLIE SIGN REGULATIONS Page 10
G. Prohibited Signs
Any sign which is not specifically permitted by this Ordinance shall be prohibited.
The following types of signs are expressly prohibited within the City of Wylie:
1. Signs that imitate traffic signs or emergency signs. Signs may not contain
any combination of forms, words, colors, or lights, which imitate standard
public traffic regulatory, emergency signs, or signals.
2. Portable signs unless specifically allowed by this ordinance (see Section 4.
E.).
3. Signs erected in violation of any ordinance adopted by the City of Wylie or
any state or federal law. (e.g. traffic visibility requirements, zoning, building
code, or electrical code).
4. Signs attached to, painted or maintained upon any tree or public utility pole
or public utility structure.
5. Signs attached to or painted on any sidewalk, curb, gutter, or street (except
street address numbers).
6. Signs that move, flash light intermittently, change color or revolve, unless
specifically allowed in this Ordinance.
7. Pole signs and flag poles unless specifically allowed by this Ordinance (see
Sections 4. A., 7. E. and 8. A.).
8. Off-Premise signs (except for signs allowed under Sections 3. F. 9. and 11.).
9. Signs attached to or painted on the outside of a fence, wall or railing (except
for signs allowed under Section 3. F. 1.).
Exception: Signs identifying the manufacturer of a fence or similar product,
provided that the sign does not exceed 1'/2 square feet.
10. Signs located within a street median, e.g. subdivision signs.
11. Signs illuminated to an intensity to cause glare or brightness to a degree
that could constitute a safety hazard or nuisance.
12. Signs attached to a vehicle advertising the sale of the vehicle where the
vehicle is parked in such a way that the sign informs or attracts the attention
of persons using the public right-of-way. Vehicles legally parked at one
location, with for sale signs visible from the right-of-way for two (2) hours or
more, shall be prima facie evidence of non-compliance with this Section.
Exception: A maximum of two (2) vehicles may be parked at the vehicle
owner's residence, or on the street adjacent to the residence
advertising, the sale of the vehicles provided that the vehicles
are registered to the person residing at the residence.
13. Signs placed on or affixed to vehicles and/or trailers that are parked on a
public right-of-way, public property, or private property so as to be visible
from a public right-of-way where the apparent purpose is to advertise a
product or direct people to a business or activity located on the same or
nearby property shall be prohibited. However, this is not in any way
CITY OF WYLIE SIGN REGULATIONS Page 11
intended to prohibit signs placed on or affixed to vehicles and trailers, such
as lettering on motor vehicles, where the sign is incidental to the primary use
of the vehicle or trailer.
H. Inspection
The City may inspect annually, or at such other times as he deems necessary,
each sign regulated by this Ordinance for the purpose of ascertaining whether
the same complies with provisions of this Ordinance, is secure or insecure,
whether it still serves a useful purpose, and whether it is in need of removal or
repair.
Removal of Obsolete Signs
Any sign which the City determines no longer serves a bona fide use or does not
conform to this Ordinance shall be removed by the owner, agent or person
having the beneficial use of the land, buildings or structure upon which the sign is
located within ten (10) days after written notification to do so from the City.
J. Removal or Repair of Dilapidated or Deteriorated Signs
If the City shall determine that any sign exists in a dilapidated or deteriorated
condition, or is a menace to the public, he shall give written notice to the person
or persons responsible for the sign. The permit holder, owner, agent or person
having the beneficial use of the premises shall remove or repair the sign within
ten (10) days after the notice. The City may remove or have removed, without
notice, and assess the owner for the costs, any sign which is an immediate peril
to persons or property.
K. Removal of Illegally Erected Signs
Any temporary sign that is erected, constructed or otherwise displayed, which the
City determines to be in violation of this Ordinance, may be removed by City
personnel. Any such sign removed by City personnel may be held for a period of
seventy-two (72) hours and upon expiration of the time may be disposed. The
City is not required to notify the permit holder or owner of the sign that it has
been picked up or that disposal of the sign is imminent.
For permanent signs, the sign must be removed by the permit holder, owner of
the sign, or owner of the property on which the sign is located within a
reasonable time period as determined by the City. Upon failure to comply with
the notice or to file an appeal of the decision in accordance with this Ordinance,
the City is authorized to cause the removal of the sign and assess the permit
holder, owner of the sign and/or owner of the property for the costs of removal.
L. Removal Expenses
Any sign required to be removed by the City, shall be removed by the permit
holder, sign owner, or property owner within ten (10) days after written
notification to do so. Upon failure to comply with the notice, the City is may enter
upon the property upon which the sign is located, and to cause the removal of
the sign. The owner of the land, building or structure to which the sign is attached
and upon which it is erected and the owner of the sign and the holder of the sign
permit are jointly and severally liable for any expense incident to removal.
CITY OF WYLIE SIGN REGULATIONS Page 12
M. Appeals
Appeals to the provisions of this Ordinance shall be heard by the Zoning Board of
Adjustment. A simple majority vote of the board in favor of the variance will be
required to approve any variance request. No proof of hardship is required in
order for the Zoning Board of Adjustment to grant any variance. If considering a
variance request, the Zoning Board of Adjustment shall also comply with the
following:
1. The Board shall consider as criteria for granting a variance such factors as
the type of sign, the location, existence of signs in the general area, and
such other factors as they deem pertinent.
2. No variance shall be granted by the Board if the same conflicts with the spirit
of this Ordinance, which is one of providing public safety, adequate lighting
provisions, open space and air, conservation of land, protection of property
values, and encouraging the highest and best use of the land.
3. In considering the request for variation to regulations of this Ordinance, the
Zoning Board of Adjustment shall consider, but not be limited to,
a. the degree of variance,
b. the reason for variance requested,
c. the location of the variance request,
d. the duration of the requested variance,
e. the effect on public safety,
f. the protection of neighborhood property,
g. the degree of property hardship or injustice involved, and
h. the effect of the variance on the stated purposes for regulating signs
with the City.
4. The decision of the Zoning Board of Adjustment shall be final.
5. A variance from this Ordinance is valid only if a permit is secured within
ninety (90) days from the date of the Board's decision.
CITY OF WYLIE SIGN REGULATIONS Page 13
4. GENERAL SIGN REGULATIONS
A. Flags
All flags shall conform to the following regulations:
1. Nothing in this Ordinance shall be construed to prevent the display of the
United States, Texas, County or Wylie flag. No permit or permit fee is
required.
2. Businesses may erect one corporate flag and flag pole, per location, for a
bona fide company or corporate office located within the City of Wylie. A
sign permit and permit fee is required.
a. Setback Requirements - Flag poles must be located at least 15 feet
from any property line.
b. Maximum Height
i. Residential - Twenty-five feet (25')
ii. Commercial - Thirty-five feet (35')
3. No flag or flag pole may be located within any easement.
B. Obscenity
No person shall display on any sign any obscene or indecent matter as defined
by the Texas Penal Code, or any matter soliciting or promoting unlawful conduct.
Any sign which does contain any obscene indecent or immoral matter must be
removed or the obscene, indecent or immoral matter must be removed within
twenty-four (24) hours of notice. The owner or person in control of the property
on which the sign is located shall be responsible for compliance with this Section.
C. Obsolete Signs
All signs relating to a product no longer available for purchase by the public and
all signs relating to a business which has closed or moved away shall be
removed or the advertising copy shall be removed. Painted wall signs shall be
painted over with a color that resembles or matches the wall and does not allow
the sign message to be visible after overpainting. The owner of the property on
which the sign is located shall be responsible to remove the sign within thirty (30)
days of obsolescence.
D. Maintenance of Signs
All signs shall be maintained in good condition. Signs which are damaged in any
way, rusty or have peeling paint do not meet minimum maintenance criteria and
shall be brought into compliance, or the sign must be removed, no later than the
tenth (10th) day after written notice of such violation is sent to the property owner
via certified mail. The owner of the property on which the sign is located shall be
responsible for compliance with this subsection.
E. Signs Held by Pedestrians
Any sign held or carried by a person must be located at least four feet (4') from
the street pavement of any right-of-way.
CITY OF WYLIE SIGN REGULATIONS Page 14
F. Wind Pressure and Dead Load Requirements
All signs shall be designed and constructed to withstand a wind pressure of not
less than 30 pounds per square foot of area, and shall be constructed to receive
dead loads as required by the building code of the City of Wylie.
G. Obstructing Doors, Windows, or Fire Escapes
It shall be unlawful to erect, relocate, or maintain a sign in any manner that
prevents free ingress to or egress from any door, window or fire escape, or to
attach any sign to a standpipe or fire escape.
H. Placement of Advertising Matter
1. No person shall place on or suspend from any building, light fixture, pole,
structure, sidewalk, parkway, driveway or parking area, any goods, wares,
merchandise or other advertising object or structure for the purpose of
advertising such items other than a sign, as defined, regulated and
prescribed by this Ordinance, except as otherwise allowed by this Ordinance
or another ordinance.
2. No person, firm, corporation or association of persons shall paste, stick,
tack, nail or otherwise place any advertisement, handbill, placard, printed,
pictured or written matter or thing for political advertising or other advertising
purposes upon any fence, railing, sidewalk or public telephone, electric or
other utility pole, or any other public property, including trees thereon or to
knowingly cause or to permit the same to be done for his benefit.
3. It shall be unlawful for any person to scatter or throw any handbills, circulars,
cards, tear sheets or any other advertising device of any description, along
or upon any street or sidewalk in the City of Wylie.
Signs Prohibited On or Over Public Property
No portion of any sign shall be erected on or over public property, or in the right-
of-way of any thoroughfare within the City, unless the same is erected by the
City, or with the permission of the City for public purposes, except for Projecting
Signs in the Downtown Historic District meeting regulations in Section 5. E or as
provided by Section 9.
J. Illumination of Signs
1. No sign shall be illuminated to such an intensity or in such a manner as to
cause a glare or brightness to a degree that it constitutes a hazard or
nuisance.
2. Moving, flashing, changing color, beacons, revolving or similarly constructed
signs shall not be allowed, except for electronic signs showing time and
temperature.
3. Sign illumination may only alternate on and off at a rate equal to or less than
twice an hour, excluding time and temperature signs.
4. A sign in a residential district, where allowed by this Ordinance, may be
illuminated. Any illumination shall be located so as not to produce intense
glare or direct illumination across the bounding property line. Internal
CITY OF WYLIE SIGN REGULATIONS Page 15
illumination shall not exceed 40 watts per every 25 square feet or any
portion thereof of the sign face.
K. Searchlights
Searchlights may be permitted in accordance with any applicable regulations. A
permit for use of an advertising searchlight may be granted under the following
additional regulations:
1. A searchlight shall be located a minimum distance of 50 feet from a public
right-of-way and positioned so as to project all beams at a minimum angle of
30 degrees from grade level.
2. The maximum light intensity generated by searchlights on any premises
may not exceed a total of 1.6 million foot candlepower. No more than four
beams of light may be projected from any premises.
3. All searchlights must be designed and maintained so as to prevent beam
rays of light from being directed at any portion of the rights-of-way or
adjoining property, and no light shall be of such intensity or brilliance to
cause glare to or impair the vision of the driver of any vehicle, or to create
greater than 0.5 foot candles at 4 feet height at the property line.
4. No advertising searchlight may be operated between the hours of 11:00
p.m. and 7:00 a.m.
5. No advertising searchlight may be operated on a premises for more than
seven consecutive days. No permit for an advertising searchlight may be
issued for any business entity for which a permit has been issued for a
searchlight on the same premises within the six months preceding the date
of the permit application.
CITY OF WYLIE SIGN REGULATIONS Page 16
5. ATTACHED SIGN REGULATIONS
Unless otherwise specifically provided, the regulations set forth in this Section shall be
applicable to all attached signs that are allowed under this Ordinance. All signs and
their words shall be mounted parallel to the building surface to which they are attached,
and shall project no more than twelve inches (12") from that surface, except for
Projecting and Marquee signs as allowed in Sections 5. E., and 5. F. Wall signs shall
not extend above the wall or building surface to which the sign is attached. Banner
signs shall not be utilized as permanent wall signs.
A. Maximum Sign Area
1. Attached signs shall not exceed the following area schedules:
a. An attached sign located at a height of thirty-six feet (36') or less is
limited to 0.75 square feet of sign area for each lineal foot of building
frontage for a single tenant building, or lease space frontage in a
multiple tenant building, not to exceed three hundred (300) square feet.
b. An attached sign located above a height of thirty-six feet (36') shall be
permitted an increase in maximum effective area. Such increases
shall not exceed four (4) square feet in effective area for each
additional one foot (1') of height above thirty-six feet (36') measured
from the base of the sign. Signs may be increased hereunder to a
maximum size of four hundred (400) square feet.
c. Attached signs may be located on any facade except for signs located
on the side or rear wall of a building where the sign would face an
adjacent residential zoning district. The sum of the effective area of all
attached signs shall not exceed the allowable effective area specified
in paragraphs a. or b. above, whichever paragraph is applicable.
B. Illumination of Attached Signs
Attached Signs may only be illuminated utilizing internal lighting. Exterior letters
with exposed neon lighting are allowed.
C. Window Signs
Window signs do not require a permit or a permit fee. Window Signs must meet
the following regulations.
1. Window Signs must not obscure more than 25 percent of the window area
per facade.
2. The sign area shall be measured by drawing a rectangular or square box
around the sign elements, then multiplying the height by the width. For
signs whose shape is irregular, the box must enclose all elements of the
sign.
3. No illuminated Window Signs shall be allowed within two feet of the window
surface, except for open / closed signs.
CITY OF WYLIE SIGN REGULATIONS Page 17
D. Awning Signs
Awning Sign means any awning displaying a business name or logo. Awning
Signs must meet the following regulations.
1. An Awning may extend the full length of the wall of the building to which it is
attached and shall be no more than six feet in height and shall not be placed
less than 8 feet above the sidewalk.
2. Artwork or copy on Awning Signs shall be limited to a business name and/or
logo.
3. The artwork or copy for an Awning Sign shall not exceed 20 percent of the
area of the Awning and shall extend for no more than 60 percent of the
length of the Awning.
E. Projecting Signs
Projecting Signs means any sign, except an Awning, which projects
perpendicularly from a building and which has one end attached to a building or
other permanent structure. Projecting Signs must meet the following regulations.
1. Allowed only in the Downtown Historic District (DTH)
2. The maximum sign area for a Projecting Sign is 4 square feet per sign face.
Projecting Signs may not project more than 3 feet, measured from the
building face and shall not be closer than two feet from the back of the curb
line.
3. The height of the Projecting Sign must be at least 12 feet above the
sidewalk.
4. Projecting Signs shall be compatible in design, shape, and material with the
architectural and historic character of the building they project from.
F. Marquee Signs
Marquee Sign means any permanent structure which is attached to and
supported by a building and which projects outward from the building and
contains lettering or graphics which convey a message. Marquee Signs must
meet the following regulations.
1. Allowed only in the Downtown Historic District (DTH).
2. Marquee Signs shall be built as an integral part of the marquee and shall be
constructed of incombustible material.
3. Marquee Signs shall be limited to 50 percent of the area of the vertical
surface of each face of the marquee.
4. The marquee on which Marquee Signs are attached shall not have a vertical
height of more than six feet nor exceed 75 percent of the width of the
building or store frontage.
5. The Marquee shall be at least 8 feet above the sidewalk.
6. Marquee Signs may be illuminated.
CITY OF WYLIE SIGN REGULATIONS Page 18
7. Marquee Signs shall be compatible in design, shape, and material with the
architectural and historic character of the building.
G. Canopy Sign
Canopy Sign means any canopy displaying a business name or logo. Canopy
Signs must meet the following regulations.
1. A Canopy Sign may be attached to, or be an integral part of the face of a
canopy.
2. A Canopy Sign may consist of only the name and/or logo of the business at
the location of the canopy.
3. The artwork or copy on a Canopy Sign shall not exceed ten percent of the
face of the canopy, or a maximum of twenty-five (25) square feet, whichever
is greater.
4. An illuminated stripe may be incorporated into a canopy. The stripe may
extend along the entire length of the face of the canopy. The width or
thickness of the stripe shall be limited to one-third of the vertical dimension
of the face of the canopy. The internal illumination of a canopy is limited to
the portions of the canopy face on which a sign or stripe is permitted.
CITY OF WYLIE SIGN REGULATIONS Page 19
6. MONUMENT SIGN REGULATIONS
All Monument Signs shall be compatible with the colors and materials of the building
that is located on the same lot as the sign. Sculpted aluminum sign panels will be
allowed; however, plastic panel signs are not allowed to be utilized on Monument Signs.
Additional monument sign regulations are as follows:
A. Properties with Multiple Tenants
Shopping centers and office buildings with multiple tenants are permitted to erect
Monument Signs that comply with the following regulations:
1. Maximum size - 150 square feet
2. Maximum height - 10 feet measured from grade.
3. Setbacks
a. 15 feet from street right-of-way.
b. 40 feet from property lines other than those property lines fronting the
street right-of-way.
c. 250 feet from any other Monument Sign on the same property,
measured along the right-of-way.
4. Changeable Message Signs. Monument Signs may include a maximum
area of thirty-two (32) square feet that incorporates changeable messages
or lettering, as defined, in the sign face. Such messages shall not blink,
flash, scroll or change more than once per hour with the exception of signs
that only display the time and temperature.
B. Properties with Single Tenants
Businesses located on individually platted land including individual pad sites
within a shopping center are permitted to erect Monument Signs that comply with
the following regulations:
1. Maximum size - 90 square feet
2. Maximum height - 10 feet
3. Setbacks
a. 15 feet from street right-of-way.
b. 40 feet from property lines other than those property lines fronting the
street right-of-way.
c. 250 feet from any other monument sign on the same property,
measured along the right-of-way.
4. Changeable Message Signs. Signs may include a maximum area of thirty-
two (32) square feet that incorporates changeable messages or lettering, as
defined, in the sign face. Such messages shall not blink, flash, scroll or
change more than once per hour with the exception of signs that only
display the time and temperature.
CITY OF WYLIE SIGN REGULATIONS Page 20
C. Gasoline Pricing Signs
1. Gasoline Pricing Signs reflecting the price of gasoline available for purchase
on the premises must be a Monument Sign.
2. The Gasoline Pricing Sign must be integral to the permitted sign for the site,
subject to the following limitations:
a. The pricing display may not scroll, flash, or change more frequently
than once a day.
b. The pricing display may not exceed two-thirds of the gross sign area
per sign face.
c. Only one pricing display is allowed per site.
d. Internal illumination may be used for the pricing display only.
3. Maximum size — 90 square feet
4. Maximum height— 10 feet
5. Setbacks
a. 15 feet from street right-of-way.
b. 40 feet from property lines other than those property lines fronting the
street right-of-way.
D. Material Regulations
All Monument Sign bases shall be constructed of the same material as the front
building facade on the same site or shall be compatible in design with stone or
brick. The Sign Support must be constructed or covered with the same masonry
material as the principal building, or stone, or brick. Sculpted aluminum sign
panels will be allowed. All sign text and graphic elements shall be limited to a
minimum of six inches from the outer limits of the sign structure.
E. Illumination
Monument Signs shall be illuminated by a ground lighting source where the light
itself and supporting structure are screened from public right-of-way, except,
signs with sculpted aluminum panels, cut-out letters, or other type of raised
lettering may be back lit using internal lighting.
F. Model Home Signs
Model Home Sign means a temporary Real Estate Sign identifying a
homebuilder's model home open for inspection. Model Home Signs are subject to
the following regulations:
1. Model Home Signs require a permit and may be erected in residential
zoning districts on the same lot as the model home.
2. Each builder in a subdivision may have one Model Home Sign for each
model home and the permit for each sign shall be granted for a period of
time to coincide with the validity of the model home's certificate of
occupancy.
CITY OF WYLIE SIGN REGULATIONS Page 21
3. Model Home Signs shall be Ground or Monument Signs.
4. The maximum height of a Model Home Sign shall not exceed four (4)feet
from the grade.
5. The maximum area of the sign face shall not exceed eight (8) square feet.
6. Required setback shall be fifty percent (50%) of the distance between the
front property line and the building, but no less than ten feet from the front
property line.
CITY OF WYLIE SIGN REGULATIONS Page 22
7. OTHER TYPES OF SIGNS
This Section provides standards for specific types of permanent signs permitted by this
Ordinance.
A. Menu Board Signs
Menu Board Signs must meet the following regulations:
1. Menu Board Signs may be Attached or Monument Signs.
2. The maximum height is six (6) feet.
3. The maximum sign area is twenty-four (24) square feet. Only one sign face
is allowed per sign.
4. All Menu Board Signs shall be located at the side or rear of the principal
building. If two signs are erected they must be at least eighteen feet apart.
5. Internal illumination may be utilized for the sign panel.
6. Any sign must be located at least fifteen feet (15') from any property line.
B. Subdivision Entry Signs
Subdivision Entry Sign means any permanent on-site sign identifying a
subdivision located in a residential zoning district. Subdivision Entry Signs must
meet the following regulations.
1. Subdivision Entry Signs may be attached to a wall at the subdivision
entrance or on a Monument Sign.
2. Attached Signs may not project above the top of the wall on which they are
attached.
3. The maximum sign area is thirty-two (32) square feet for Attached Signs.
4. Only one Monument Sign or two attached signs may be placed at each
subdivision entrance. A Monument Sign may have the subdivision name on
both sides.
5. Monument Signs may be located in the median at the street entrance if
approved by the City in an approved plan, within the developer's agreement,
or by separate application.
C. Directory Signs
Directory sign means a permanent on-site sign identifying the buildings in the
development or providing information on their location. Directory signs must meet
the following regulations.
1. Directory Signs may be either Attached or Monument Signs.
2. Directory Signs must be located a safe distance from the entry drive and the
public right-of-way as determined by the City's engineer.
3. Only one Directory Sign is allowed per street entrance.
CITY OF WYLIE SIGN REGULATIONS Page 23
D. Institutional Signs
Institutional Sign means a permanent on-site sign used to identify governmental
and municipal agencies, public schools, churches, or similar public institutions,
and used to communicate messages of public importance to the general public.
Institutional Signs must meet the following regulations.
1. Institutional Signs may be Attached and/or Monument Signs.
2. Institutional Signs may include a reader board, subject to the following
limitations:
a. Reader board must be integral to the permitted sign for the site;
b. Messages on the reader board, whether electronic or manual, may not
scroll, flash, or change more frequently than once a day;
c. Manual reader boards using movable lettering must have a lockable
covering;
d. The reader board display cannot exceed two-thirds of the gross sign
area per sign face, excluding a Monument Sign border.
e. Internal illumination may be utilized for the reader board sign panel.
E. Pole Signs
(Intentionally left blank)
CITY OF WYLIE SIGN REGULATIONS Page 24
8. TEMPORARY SIGN REGULATIONS
A. Development Signs
Development Signs are allowed subject to the following regulations:
1. Development Signs require a temporary sign permit and may be erected in
nonresidential and residential zoning districts
2. Development Signs must be related only to the property on which they are
located. They may be Monument or Pole Signs provided that a minimum of
two vertical sign supports are utilized.
3. Maximum height of a Development Sign shall be 15 feet.
4. Required setback for a Development Sign shall be 30 feet or the required
building line if less than 30 feet.
5. The maximum sign area per sign face shall not exceed sixty (60) square
feet.
6. Each development site may have one such sign for each 50 acres under
active development.
7. A Development Sign must be removed when the project is 90 percent
complete. In the case of a commercial project, 90 percent complete means
when a certificate of occupancy is issued for a shell building. For a
residential project, 90 percent complete means when 90 percent of the lots
in the subdivision have received building permits.
B. Real Estate Sign
Real Estate Signs are subject to the following regulations.
1. Real Estate Signs may be erected in nonresidential and residential zoning
districts and shall not require a permit.
2. Real Estate Signs may be Attached, Monument or Ground Signs.
3. The maximum sign area shall not exceed nine (9) square feet and a
maximum height of four feet (4') for property located in a Residential Zoning
District. Signs located in a Non-Residential Zoning District shall not exceed
thirty-two (32) square feet in sign area and ten feet (10') in height.
4. Real Estate Signs shall be set back at least eight feet from front property
line.
5. Real Estate Signs are limited to one per street front.
6. A Real Estate Sign shall be removed upon the sale or lease of the property.
C. Promotional Signage
Businesses that erect signs under the provisions of this Section shall not display
a sign that states "Going out of Business", "Quitting Business" or similar message
more than one time. Promotional Signs are subject to the following regulations.
CITY OF WYLIE SIGN REGULATIONS Page 25
1. All Promotional Signage requires a permit. A maximum of two (2) permits
are allowed for each calendar year. A separate permit is required for each
two-week period Promotional Signage will be used. Promotional signs will
be considered as a group and not as each individual sign, streamer, banner,
etc.
2. Promotional Signage may include flags, pennants, streamers, balloons,
inflatable signs, and any legal signs allowed by this Ordinance. Additionally,
a maximum of two (2) banners is allowed, in addition to flags, pennants,
streamers, balloons, inflatable or other promotional signage per permit.
3. Promotional Signage is allowed for two, two-week periods each calendar
year per legal business subject to the following:
a. A two-week period will commence on the first day Promotional Signage
is displayed.
b. The two two-week periods shall not occur in the same or consecutive
months.
c. A legal business shall include any commercial, industrial, or
institutional use for which the building inspection department has
issued a certificate of occupancy.
d. In the case of a special promotion for a grand opening celebration, one
period may be extended to a three-week period provided the promotion
commences within the first three months of the date of issuance of a
certificate of occupancy and the grand opening is limited to the
address noted on the certificate of occupancy.
EXCEPTION: A business that is in its initial year of operation is allowed to
extend the time promotional signs are displayed, one time, from two weeks
to 30 days.
4. Any device described as Promotional Signage shall not exceed an overall
height of 25 feet.
5. The following setbacks apply. However, the setbacks may be increased for
any Promotional Signage found by the City to block traffic visibility or
constitute a traffic hazard.
a. 15 feet from street right-of-way.
b. 40 feet from property lines other than those property lines fronting the
street right-of-way.
c. 250 feet from any other monument sign on the same property,
measured along the right-of-way.
CITY OF WYLIE SIGN REGULATIONS Page 26
9. SIGNS LOCATED IN THE CITY RIGHT-OF-WAY
Any sign permitted by this Ordinance may be erected within the public right-of-way
(unless otherwise prohibited by municipal, county, state or federal law) provided that the
following conditions are met:
A. Permits
No sign may be erected within a right-of-way until a permit has been obtained
and the proper permit fee paid. No sign shall be placed on private property or in
the right-of-way adjacent to developed private property without the private
property owner's written consent. Any permit issued for a sign in the right-of-way
shall expire on December 31 of each calendar year and a new permit is required.
B. Time Limitations
Signs shall be placed within the right-of-way only between the hours of noon
(12:00 p.m.) Friday and 9:00 p.m. Sunday.
C. Location
Signs located in the right-of-way shall comply with the following location
regulations.
1. Signs shall not be placed within any median.
2. Signs must be a minimum of five feet (5')from the adjacent edge of curb or
pavement, which includes improved surfaces and shoulders.
3. Signs shall not be placed within fifty feet (50') of any street intersection or
within twenty-five feet (25') of any alley or curb cut. Additionally, no sign
may be placed within any defined visibility triangle or in any manner that
may obstruct traffic visibility.
4. Signs shall not encroach upon or obstruct any designated sidewalk or
pedestrian way.
5. Signs shall not be placed within a right-of-way that is adjacent to a dwelling
premises.
D. Size
Signs located within the right-of-way shall not exceed six (6) square feet.
E. Height
Signs located within the right-of-way shall not exceed a total height of three feet
(3').
F. Number of Signs
The maximum number of permits that shall be issued to any one person,
company, builder, entity, group or corporation, or any of the foregoing that are
associated or related, for signs located in the right-of-way is twenty (20). For
example, a company is limited to 20 right-of-way permits. A company may not
send multiple employees to get 20 right-of-way permits each.
CITY OF WYLIE SIGN REGULATIONS Page 27
G. Sign Placement Vehicles
Any vehicle used during the installation and removal of signs must have one (1)
revolving amber strobe light that is visible at five-hundred feet (500') in the
daylight on top of the vehicle and one (1) revolving amber strobe light that is
visible at five-hundred feet (500') in the daylight on the rear of any trailer being
used in addition to vehicle and trailer flashers. The lights should be used only
when slowing down or stopping on the roadway. Vehicles shall stop only in the
right hand lane when installing or removing signs with both flashers and amber
lights operating.
H. Tampering with Permit Decals
Any person who knowingly falsifies, tampers with, or reproduces permit decals
for signs located in the right-of-way, or falsifies an affidavit required to obtain a
permit, shall, in addition to the other penalties set forth herein, have all rights to
place or have placed signs in the right-of-way with the City of Wylie revoked for a
twelve (12) month period.
I. Temporary Banners and Streamers in the Right-of-Way
The Board of Adjustment may grant exceptions to allow banners and streamers
to be placed in the public right-of-way. Approval of such signs shall be on a case
by case basis. Signs of this type shall refer only to civic or non-profit functions
that benefit the community as a whole. Exception requests shall include the size,
number and location of all signs as well as the dates the signs will be placed
within the right-of-way. Any change in size, location, number or date of
placement must be approved by the Board of Adjustments. No fee shall be
required to request an exception of this type from the Board of Adjustments.
J. Removal of Unpermitted Signs
Unpermitted signs, or signs in violation of this Ordinance, may be immediately
removed from the right-of-way. Signs may be disposed of as set forth in Section
3.K. above.
CITY OF WYLIE SIGN REGULATIONS Page 28
NVYLIE CITY COUNCIL
AGENDA ITEM NO.
August 27, 2002
Issue
Consider and act upon an ordinance governing contractor registrations, allowing for revocation of a
contractor's registration under certain conditions and repealing all conflicting ordinances.
Background
Staff has received several complaints over the past two years regarding contractors who have failed to
complete jobs within a reasonable time, who have been negligent and who have failed to complete
projects altogether. Those citizens have asked staff to not allow certain contractors to receive permits
for not acting responsibly. Under current regulations, staffhas no ability to revoke the registration of a
contractor. The attached ordinance clarifies the requirements for registration of a contractor as well as
outlining reasons and a process for revocation of a contractor's registration. If a contractor is not
registered with the city,we cannot issue a building permit to that contractor.
Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendation
The Construction Code Board recommended approval of this ordinance at its August 7,2002 meeting.
Staff Recommendation
Approve the attached ordinance governing contractor registrations and allowing for revocation of a
contractor's registration under certain conditions..
Attachments
Copy of the ordinance adopting contractor registration and revocation regulations.
epared by Re ' d by Finance City r Approval
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 22 "BUILDING AND BUILDING
REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
WYLIE, TEXAS; ESTABLISHING RULES AND REGULATIONS
GOVERNING CONTRACTOR REGISTRATION; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be beneficial and advantageous to the
citizens of the City of Wylie, Texas ("Wylie") to adopt rules and regulations
governing contractor registration; and
WHEREAS, the Wylie Construction Board and the Building Official for Wylie
have reviewed the proposed ordinance and both recommend adoption of the same
by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Chapter 22 "Building and Building Regulations"
of Wvlie's Code of Ordinances. Chapter 22 "Building and Building Regulations" of
Wylie's Code of Ordinances is hereby amended by adding the following:
Contractor Registration. Prior to the issuance of any building, mechanical,
electrical, plumbing or irrigation permit the building official shall verify that
all required contractors, as listed herein, have a current registration with the
City.
A. Contractor Registration Required
ORDINANCE GOVERNING CONTRACTOR REGISTRATION—Page 1
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1. Issuance of Permits. General, Plumbing, Mechanical,
Electrical, and Irrigation contractors as well as backflow testers
shall not be eligible to receive a permit within the City unless
they are registered with the City. Backflow testers shall not be
eligible to approve test reports for backflow devices unless
they are registered with the City.
2. Registration Requirements. Contractors must submit the
following required information to the City prior to receiving a
registration permit:
a. General Contractor. General contractors are required
to submit the following information:
1. A completed contractor registration application
supplied by the City.
2. A valid driver's license of the owner or officer of
the company issued by his/her home state. The
owner or officer of the company must register in
person or submit a notarized document allowing
another person to register in his/her name.
b. Plumbing Contractor. plumbing contractors are
required to submit the following information:
1. A completed contractor registration application
supplied by the City.
2. A valid Master Plumber's license issued by the
State of Texas. The Master Plumber must
register in person or submit a notarized
document allowing another person to register in
his/her name.
3. A valid driver's license of the Master Plumber
issued by his/her home state.
ORDINANCE GOVERNING CONTRACTOR REGISTRATION—Page 2
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c. Irrigation Contractor. Irrigation contractors are
required to submit the following information:
1. A completed contractor registration application
supplied by the City.
2. A valid Irrigator's license issued by the State of
Texas. The licensed irrigator must register in
person or submit a notarized document allowing
another person to register in his/her name.
3. A valid driver's license of the licensed irrigator
issued by his/her home state.
d. Backflow Tester. Backflow Testers are required to
submit the following information:
1. A completed contractor registration application
supplied by the City.
2. A valid Backflow Tester certification issued by
the State of Texas. The certified backflow tester
must register in person or submit a notarized
document allowing another person to register in
his/her name.
3. A valid driver's license of the certified backflow
tester issued by his/her home state.
4. A document verifying that the test gages have
been calibrated within the past twelve (12)
months.
e. Mechanical Contractor. Mechanical contractors are
required to submit the following information:
1. A completed contractor registration application
supplied by the City.
ORDINANCE GOVERNING CONTRACTOR REGISTRATION—Page 3
L:Wgenda Packets\08-27-02 Agenda\Contractor Registration Ordinance.doc
2. A valid Mechanical license issued by the State of
Texas. The licensed Mechanical contractor
must register in person or submit a notarized
document allowing another person to register in
his/her name.
3. A valid driver's license of the licensed mechanical
contractor issued by his/her home state.
f. Electrical Contractor. Electrical contractors are
required to submit the following information:
1. A completed contractor registration application
supplied by the City.
2. A valid Master Electrician's license issued by the
City of Wylie. The Master Electrician must
register in person or submit a notarized
document allowing another person to register in
his/her name.
3. A valid driver's license of the Master Electrician
issued by his/her home state.
B. Suspension of Registration. Any contractor's registration may be
suspended by the Building Official for any of the following reasons:
1. The contractor fails to request and obtain a final inspection
prior to the expiration of the permit; or
2. The contractor allows use or occupancy of the structure for
which a permit was obtained without first obtaining the
required authorization from the City; or
3. The contractor has been found by the Building Official, in his
sole discretion, to have been grossly negligent in the
performance of his work; or
4. The contractor has, as solely determined by the Building
Official, jeopardized the safety of the general public, or those
at the construction site by actions or inactions of the company;
ORDINANCE GOVERNING CONTRACTOR REGISTRATION—Page 4
L:Wgenda Packets\08-27-02 Agenda\Contractor Registration Ordinance.doc
or
5. The contractor has a history of violating ordinances related to
building, mechanical, electrical or plumbing safety; or
6. A license that is a requirvment to register as a particular
contractor has expired, been suspended or revoked; or
7. The contractor has submitted any false or misleading
information to the City in the registration process.
C. Appeal of Suspension by Building Official. Any contractor whose
registration has been suspended may appeal the action to the
Construction Board. In the case of an appeal to the Construction
Board, the action of the Building Official shall stand until the final
determination of the appeal is made by the Construction Board. The
appeal must be in writing and filed with the Construction Board within
ten (10) business days of the suspension of the contractor's
registration. After hearing the case, the Construction Board may take
the following action:
1. Affirm the suspension; or
2. Overrule the suspension and reinstate the registration of the
contractor; or
3. Affirm the suspension, but waive any or all of the reinstatement
requirements set forth in subsection D. below; or
4. Affirm the suspension and require conditions for reinstatement
in addition to those set forth in subsection D. below, including,
but not limited to, prohibiting reinstatement for up to six (6)
months.
D. Reinstatement of Registration. A contractor whose registration has
been suspended may reapply for registration if:
1. All circumstances leading to the suspension have been
corrected;
ORDINANCE GOVERNING CONTRACTOR REGISTRATION—Page 5
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2. The contractor reapplies for registration in accordance with this
Ordinance;
3. The registration fee as set forth in Appendix C of Wylie's Code of
Ordinances, as it exists or maybe amended, is paid; and
4. Any additional conditions set by the Construction Board
pursuant to subsection C. 4. above, have been met.
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS
($500.00), unless the violation relates to fire safety, zoning or public health and sanitation,
including dumping and refuse, in which the fine shall not exceed the sum of TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under
this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 4: Savings/Repealing Clause. Chapter 22 of Wylie's Code of
Ordinances shall remain in full force and effect, save and except as amended by this or
any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are
hereby repealed to the extent they are in conflict; but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Wylie hereby declares that it would have passed this
Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and after
its adoption and publication as required by the City Charter and by law.
ORDINANCE GOVERNING CONTRACTOR REGISTRATION—Page 6
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PASSED AND APPROVED by the City Council of the City of Wylie, Texas this
day of , 2002.
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
DATE(S)OF PUBLICATION:
ORDINANCE GOVERNING CONTRACTOR REGISTRATION—Page 7
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WYLIE CITY COUNCIL
AGENDA ITEM NO.
August 27, 2002
Issue
Consider and act upon an Ordinance adopting a new fee schedule for building permits and contractor
registration and repealing all conflicting ordinances.
Background
Because of the additional work staff will be required to do to verify compliance with the new energy
code, it was discussed with and recommended by the Construction Code Board that we increase fees
for single-family dwellings. The fee increase is a flat $50.00 per house for new construction. The
increase does not affect where we are in relation to the other cities that were compared last year.
Additionally, the new ordinance clarifies fees for items such as: re-issuing lost or damaged permits,
changing contractors on a permit and reviewing and approving new plan sets when the city approved
plan set is lost or damaged to the point that it cannot be read.
Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendation
The Construction Code Board recommended approval of this ordinance at its August 7, 2002 meeting.
Staff Recommendation
Approve the attached ordinance adopting a new fee schedule for building permits and contractor
registration.
Attachments
Copy of the ordinance adopting a new fee schedule for building permits and contractor registration.
(2
Prepare by Revi d by Finance City M ager Approval
VVYLIE CITY COUNCIL
AGENDA ITEM NO. 0.
August 27, 2000
Issue
Consider and act upon proposals for employee group health insurance,including major medical,dental,
term life, accidental death/dismemberment, long term disability and prescription drug coverage.
Background
The City's employee group health insurance currently provided by TML Intergovernmental Employee
Benefits Pool will expire September 30. TML has submitted a rerate notice which reflects an increase of
approximately five per cent in the renewal rates for fiscal 2003. In addition to the TML renewal
proposal, staff has solicited competitive proposals from other insurance providers. The RFP instructed
the proponents to submit quotes based on the same level of benefits provided under the current P.P.O.
medical plan and the ancillary dental, life and disability policies. Alternate proposals were invited and
proponents were encouraged to submit options to reduce costs without materially diminishing the
existing level of benefits. Three insurance agencies responded to the RFP. These were The Reaves
Agency, Dean Casey &Associates and Wylie Insurance Agency. Numerous options were presented,
including duplicate proposals submitted by all three agents. The Reaves Agency presented competitive
quotes from eighteen insurance providers. Dean Casey submitted three medical plan proposals and one
quote on the ancillary dental, life and disability. Wylie Insurance submitted two proposals for
medical/dental and one for employee term life. They did not quote long term disability or dependent life
coverage.
All three agencies submitted identical medical/dental proposals from United Healthcare and Humana.
Reaves and Dean Casey also had identical proposals from Pacificare. An analysis of all the proposals
determined that United Healthcare offered the most favorable medical insurance quotes in terms of cost
and benefits. As previously noted, United is represented by all three responding agents. The most
favorable quote on dental coverage is from LifeRe Insurance Company, represented by The Reaves
Agency. Canada Life offered the best quote on the life and disability coverage,also submitted by Reaves.
Attached is a comparative analysis of the TML renewal proposal and the most favorable proposals from
the other insurance providers. In addition to the proposed monthly rates, the attachment contains a
thumbnail description of the benefits. For purposes of this evaluation, staff has listed the two United
Healthcare options that most closely correspond to the current level of benefits and premium rates.
United Option III offers substantially better benefits for the employee at approximately the same rates
proposed by TML. Option IV offers lower rates with benefits comparable to the TML coverage. Staffis
recommending that Council select United Healthcare Option III for group medical coverage. Should the
group medical insurance coverage be awarded to United Healthcare, Council will have to decide which
of the three agencies will be the agent of record for United. To facilitate the evaluation process, the
agencies were asked to submit qualification statements with client referral lists including government
entities and clients with United Healthcare coverage. These are attached along with an unsolicited
recommendation from United Healthcare.
Financial Considerations
The current proposed budget for Fiscal Year 2003 includes group medical expenditures based on the
rates for United Healthcare's Option III(please see attachment).Due to budgetary constraints,the City's
share of dependent coverage costs has been reduced to 50 per cent for Fiscal 2003. The City is currently
paying approximately 58.5 per cent of the dependent coverage premiums.
Other Considerations
Competitive sealed proposals were solicited for group insurance in accordance with Chapter 252 ofThe
Texas Local Government Code.
Staff Recommendations
Staff recommends that Council take the following action:
1. Award the City's dental insurance coverage to LifeRe Insurance Company,represented by The
Reaves Agency.
2. Award the City's coverage for employee term life, optional dependent life and employee long
term disability to Canada Life Assurance Company, represented by The Reaves Agency.
3. Award the City's employee group medical insurance to United Healthcare(Option III)and select
one of the three responding agencies as the agent of record for United Healthcare.
Attachments
Analysis of Proposals
Agency Qualification Statements(3)
United Healthcare Email
.g-Vin.1--\
Prepared by Revi d by Finan City M pproval
INSURANCE PROPOSALS
MEDICAL
TML United United
Healthcare Healthcare
Option III Option IV
Lifetime Max: $1,000,000 Unlimited Unlimited
Deductible: $500X2 PPO $250X2 PPO $500X2 PPO
$700X2 Non-PPO $500X2 N-PPO $1,500X2 N-PPO
Coinsurance: 85% / 55% 90% / 70% 90% / 70%
After deductible After deductible After deductible
Office Copay: $25 $15 $15
Out-of-Pocket: $2,500X2 / None $2,250 / $4,500 $3,000/ $6,500
X2 X2
Drug Copay: $10 Generic $10 Generic $10 Generic
$25 Brand Name* $25 PDL Brand $25 PDL Brand
$50 Non-Preferred $50 Non-Preferred
Proposed Rates:
Employee: $342.84 $345.48 $328.83
Spouse Add-On: $524.36 $525.13 $499.83
Children Add-On: $239.04 $238.38 $226.90
Family Add-On: $574.72 $573.50 $545.87
*Plus MAC differential if generic is available.
DENTAL
TML LifeRe
Deductible: Preventive- None Preventive- None
Basic/Major Svc's- $50 Basic/Major Svc's- $50X3
Coinsurance: Preventive- 100% Preventive- 100%
Basic Svc's- 80% Basic Svc's- 80%
Major& Ortho- 50% Major & Ortho- 50%
Calendar Yr. Max $1,500 $1,500 (Ortho- $750)
Proposed Rates:
Employee: $22.38 $21.95
Spouse Add-On: $35.14 $35.00
Children Add-On: $35.14 $35.00
Family Add-On: $35.14 $35.00
EMPLOYEE LIFE
TML Canada Life
Benefit Amount: 2XSalary, $100K Max 2XSalary, $200K Max
Rate Per $1,000: $.35 $.188
DEPENDENT LIFE
TML Canada Life
Benefit Amount: Child-$2,000 Child- $2,500
Spouse- $10,000 Spouse- $10,000
Rate Per Unit: $2.76 $1.11
LONG TERM DISABILITY
Cigna Canada Life
Benefit Amount: 60%, $4,000 Max 60%, 5,000 Max
Rate Per $100: $.56 $.325
suaneem WYLIE INSURANCE AGENCY, INC.
Agent.
.
"Serving You Since 1898"
Hrgheq
-laid:,�;-Start,-laid, CALLOWAY• P. 0. BOX 40 •WYLIE,TEXAS 75098• PHONE (972) 442-3505• FAX(972) 442-3885
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Pnvti•s>innal S,r;i
JOHN YEAGER, CIC
August 19, 2002
Mr. Jim Holcomb, Purchasing Agent
City of Wylie
2000 Highway 78 N.
Wylie, TX 75098
Dear Mr. Holcomb:
We are pleased that the city staff members plan to recommend United
Healthcare to the Wylie City Council as their new health insurance provider.
We look forward to giving outstanding service to all city employees if selected
as your agent of record for this excellent plan.
The following is a list of some local private sector firms whom we currently
serve with group health and other employee benefits.
Company Phone Number Contact
Tri-Mc Enterprises, Inc 972-442-7701 Larry McDonald
Classic Gardens and
Landscape, Inc. 972-424-9529 Don Tafelski
Cornerstone Roofing 972-596-3488 Donna Carter
Rushin Truss, Inc. 972-442-3544 Kevin St. John
Although Wylie Insurance Agency does not currently serve any governmental
entities or private sector firms with 75 - 150 employees, we feel very
confident in our ability to provide you with outstanding service. We are
currently working with a firm with more than 75 employees as their exclusive
consultant for health insurance. They are currently insured with United
Healtcare and we believe you have made a wise decision in choosing them as
your provider.
Mr. Jim Holcomb
Page 2
Don Hallum, CLU, ChFC is our individual and group insurance specialist. He
has 36 years of experience in providing life and health insurance and financial
services. His experience in all phases of business and personal insurance will
prove to be an asset to the City of Wylie and its employees. Don will work
closely with the Human Resources Department to coordinate and expedite the
enrollment process. After enrollment, he will be available to assist the city
with continuing employee education designed to help employees utilize their
health benefits wisely and successfully.
We are a local agency established in 1898. Our office is conveniently located
and provides outstanding service to a large number of individual and business
clients. We are well known to many of your employees. Wylie Insurance
Agency strives to support the growth and development of the City of Wylie.
We would welcome and appreciate the opportunity to demonstrate the level of
professional service we are able to provide.
Sincerely,
/,
John Yeager, CIC
DEAN R CASEY AND ASSOCIATES
800 E. CAMPBELL ROAD
SUITE 200
RICHARDSON,TEXAS 75081
August 19, 2002
Jim Holcomb
City of Wylie
2000 Hwy 78 North
Wylie, Tx 75098
Dean R. Casey and Associates was established to be a full-service, individual and
group benefit brokerage. We specialize in a broad range of service and products with
the best companies, brokerage firms, insurance companies, third-party
administrators, and investment companies. Our goal is to provide these services and
products with an open mind of the market place and with the best interest to the
client. We will handle our clients with skills, discipline, and knowledge of the industry.
This is to make sure that every individual or group will get a broad market search of
what is available and the best suitable products for their needs.
Our Service Quotes:
• Assist in all enrollment and benefit meetings
• Year-to-year evaluation of the market place with individuals and groups
• Full customer service through our agency claim service, enrollments, and
open enrollment
• Communicating these programs to individuals, employees, and employers
Mission Statement
We will treat each client with the highest professionalism, ethics, and the best interest
of the client's needs.
Sincerely,
Dean R Casey
OFFICE: 214-651 -7600
FAX: 214-651 -8600
Qualification Statement Request
• Government Entities
• Private Sector Firms (75 - 150)
• United Healthcare Referral List
• Dean Casey and Associates
Government Entity Client's
City of Ferris Alice Holloway - City Secretary 972-544-2110
City of Gun Barrel City Mickie Raney -Treasurer 903-887-1087
City of Hutchins Janis Daniels - City Secretary 972-225-6121
City of Seven Points Pat Lindberg - City Secretary 903-432-4610
City of Wilmer Linda Root - Mayor 972-441-6373
Private Sector Client's ( 75-150)
Alpha Barnes Myra Main 972-643-3212 200 Employee's
Dallas, Tx Administration
Jerycho Industries, Inc. Adelaide Belk 214-631-6510 150 Employee's
Dallas, Tx Controller
Watters and Watters Jana Clay 972-404-0143 110 Employee's
Dallas, Tx Director of Human Resources
United Healthcare Client's
All City Printing John and Fran Wachs 972-690-4188
Dialupdns.com Doug Minnick 972-740-6070
Discount Home Warehouse Heather Hirosky 214-631-2755
Duncan Beverage Tom and Kim Meara 214-348-5318
Fabulous Z, Inc. Matthew Liquez 972-385-0202
Future Telecom, Inc. Annette Riggs 972-329-6400
Hub Management Judy Gentry 214-599-9351
Hughes Barringer Printing, Inc. Anita Hughes 214-741-3134
Leisure Living Pools Joyce Moneta 972-335-2777
Lyon Mercantile Group, LTD Terri Bender 972-203-0077
Metroplex Bindery, Inc Diane Williams 214-221-7477
Mortgage City, Inc. Ramesh Ramotor 972-487-0323
QC Graphics Barry Vaughn 469-467-7600
R-Com, Inc. Roxanne Wajtowicz 972-286-9911
SD/SK Studio, Inc. Kyle and Stacy Bratton 214-741-7666
Showcase Entertainment of Texas Tonya Palermo 972-871-8599
TCS Plumbing Kruger Litle 972-783-1362
Tran Technological Services, Inc. Kim Do 214-320-2849
The
1Et1EEi\isT1EE',S Group Insurance • Life Insurance • Disability Income
Agency Long Term Care • Retirement Strategies
August 19, 2002
Jim Holcomb, Purchasing Agent
City of Wylie
2000 Highway 78 North
Wylie,TX 750987
Dear Mr. Holcomb,
Please consider appointing me as your agent of record for the City of Wylie's group health
benefit plan. As your agent, it would be one of my goals to help you and the city staff search the
market place for carriers to provide good benefits and competitive rates. The cost of healthcare
continues to increase and employers need an advocate to help with these issues. After
researching numerous insurance companies for your health plan, I recommend United Health
Care to be the provider for health coverage for your city effective October 1, 2002.
We maintain an excellent working relationship with all our carriers.
Pro-active service is our priority. Our agency goal is to give excellent on-going service. We
maintain regular contact with the employer's representative and when appropriate, will assist an
employee directly. We are committed to value added customer service. We keep the employer
informed of strategies that may be employed to help control future costs. Our goal is to be a full
service agency to support the employer and employee.
• Client referral list of government entities groups for which I am the servicing agent:
1. City of Rowlett
Human Resource Manager Judy Webster 972-412-6113
2. City of Lancaster
Human Resource Manager Lynn Gage 972-218-1111
3. City of Balch Springs
Human Resource Contact Cindy Gross 972-557-6069
4. City of Saginaw
Human Resource Contact Sharon Roger 817-232-4640
5. City of Richland Hills
Human Resource Contact Barbara Mann 817-299-1815
1219 Abrams Rd., Ste. 313 • Richardson,TX 75081 • 972-669-2435 • Fax 972-235-9604 •www.reavesagency.com
'Investments offered through Registered Representatives of Jefferson Pilot Securities Corporation
Branch Office: 16415 Addison Rd,Ste.650 •Addison,TX 75001 •972-735-8081
6. Dallas Park Cities Municipal Utility District
Human Resource Contact Donna Peterson 214-652-8639
7. Dallas County Water Improvement District#6
Human Resource Contact Esaul Hernandez 972-286-1666 (ext. 18)
8. Culleoka Water District
Human Resource Contact Ginger Helms 972-736-2592
• Client Referral list of three private sector firms groups for which I am the servicing
agent:
1. Unity Manufacturing Company, Inc.
Human Resource Contact Theresa Dunagin 972-272-9502
2. Irving Tool and Manufacturing, Inc.
Human Resource Contact Lillian Embertson 972-926-4010
3. Hatfield and Company
Human Resource Contact Mabel Peery 972-288-7625 (ext. 139)
• Client list of employer groups for which I am the servicing agent who have United
HealthCare as their group health insurance provider:
City of Rowlett Datatrend
Irving Tool and Manufacturing, Inc. Evercom,Inc.
Unity Manufacturing Company, Inc. Kamco,Inc.
Intelligent Epitaxy, Inc. LCR Studios
Alliance Sales Phytel,Inc.
Banc Professional Services, Inc. Puddington-Gatewood
Brand Sayers Architects Tommy White Automotive
CleanNet USA Viyou Communications
Complete Woman's Healthcare Woodmark International, LP
Dallas Bible Church
As an agency specializing in providing group benefits,we have three well-trained service
specialists in our office. While we do have voice mail, we do attempt to answer each telephone
call and to return calls in a timely manner.
I desire to earn the right to do business with the City of Wylie.
Sincerely,
ack Reaves
City of Wylie
Subject: City of Wylie
Date: Wed, 14 Aug 2002 19:53:38 -0500
From: "Robert S Abernethy" <"robert_s_abernethy'@uhc.com>
To: Jholcomb@ci.wylie.tx.us
Jim:
Wanted to let you know that I will be out of town on Friday and Monday, and
thought I would drop you a note to see if there was anything else I could do to
earn your business. I believe that if I remember correctly, you are presenting
your recommendation to the city council next week sometime. Please do not
hesitate to give me a call if there is anything I can do to help you fairly
represent either United Healthcare or The Reaves Agency.
I can say without hesitation that I believe United Healthcare has the most
unique approach to healthcare on the market. Our Care Coordination model, the
Care 24 EAP alternative, to our E-services and technology, United offers the
City of Wylie a product with great integrity. Thank you again for letting me
come out to visit with you. I enjoy talking about my product!
I will say that United is only as good as it is represented. The Reaves Agency
is a preferred consulting firm for myself and for United as a whole. They
represent more than one municipality and several other cases on behalf of United
Healthcare, and partner with us very well. When you are contemplating a change
in your medical insurance, it is very important that the consultant you chose
interfaces well with your vendor of choice. The Reaves agency brings years of
experience, knowledge and the highest level of integrity to the table every time
I work with them during and after a bid. We work in a people industry - as do
you, so I know you can relate- and people do business with people. My account
managers request to work with Audra and Jack because they know what they are
getting. It is always a positive experience, and it shows in the results they
produce for their customers.
I know that there are other consultants looking to earn your business and still
represent United Healthcare. I would look closely at who has done the best job
at representing the market to you, but I would pay even closer attention to who
has the best relationships with the vendors you select. As the regional sales
leader, I try to tell all of our potential clients that we are only as good as
the people who represent us. When we are represented well, we are able to do a
better job for our customers. The Reaves Agency and United Healthcare make a
good team, and I would highly recommend them to any employer who is considering
doing business with us. It simply helps us help you.
Good luck with your decision and do not hesitate to contact me if you have any
questions or concerns. I will be back in the office on Tuesday, August 20th.
Thank you once again for your consideration.
Regards,
Rob Abernethy
Senior Account Executive
North Central Texas Sales Lead
This e-mail, including attachments, may include confidential and/or
proprietary information, and may be used only by the person or entity to
which it is addressed. If the reader of this e-mail is not the intended
recipient or his or her authorized agent, the reader is hereby notified
1 of 2 08/15/2002 2:40 PM
WYLIE CITY COUNCIL
AGENDA ITEM NO. /0•
August 27, 2002
Issue
Consider and at upon the award of a contract for the construction of the Rush Creek Force Main to
Texas Electric Utility Construction in the amount of$442,001.43.
Background
The 1999 Bond program identified the reconstruction of the Rush Creek Lift Station southeast of the
existing location and the construction of a new sewer force main to the Twin Lakes Lift Station.
Construction of the new lift station is nearing completion and the installation of the force main will
complete the project. The bids included 2,713 linr,ar feet of 36-inch gravity sewer and 4,760 linear
feet of 18-inch force main.
On August 9, 2002 a total of thirteen (13) bids were opened for the project. Texas Electric Utility
Construction submitted the low bid in the amount of$442,001.43. The references for the contractor
have been contacted and nothing would indicate that the' are incapable of fulfilling the requirements
of the contract.
Financial Considerations
The lift station construction was funded through the 1999 Bond and the FY 2002 budget. The Rush
Creek project was included in the most recent impact fee update and those funds will be used for the
construction of the force main. The current sewer impact fee balance is $1,416,669.26.
Other Considerations
The solicitation of competitive sealed bids was conducted in accordance with Chapter 252.021 of the
Texas Local Government Code.
Staff Recommendations
Staff recommends that Council award a contract to Texas Electric Utility Construction to provide all
equipment, labor and materials for the construction of the Rush Creek force main.
Attachments
Recommendation Letter from The Hogan Corporation
Bid Summary
o
Prepared by evie by Finance City M ger Approval
City of Wylie, Texas
Impact Fees
As of JULY 30, 2002
Total Water Sewer
Prior to FY93 38,630.46 21,071.16 17,559.30
FY93 74,779.70 41,071.60 33,708.10
FY94 171,099.85 93,332.21 77,767.64
FY95 224,024.66 120,541.14 103,483.52
FY96 194,684.99 103,702.43 90,982.56
FY97 444,330.20 179,793.89 264,536.31
FY98 1,077,316.64 400,177.99 677,138.65
FY99 1,282,713.86 461,142.32 821,571.54
FY00 782,594.26 301,866.89 480,727.37
FY01 1,695,777.49 511,350.77 1,184,426.72
FY02 461,520.41 264,638.19 196,882.22
6,447,472.52 2,498,688.58 3,948,783.94
Expenditures
FY93 1,050.00 525.00 525.00 Telemetry System
FY94 - - -
FY95 103,364.00 103,364.00 - Water Tower
FY96 - -
FY97 334,309.20 - 334,309.20 Land for WWTP
FY98 931,609.48 - 931,609.48 Muddy Creek Interceptor
FY99 440,681.00 - 440,681.00 Refund to Centex Homes
FY99 72,319.00 72,319.00 - Ballard Street
FY00 810,000.00 - 810,000.00 Regional WWTP
FY00 14,990.00 - 14,990.00 Sewer Line Reimbursement
FY01
FY02
2,708,322.68 176,208.00 2,532,114.68
3,739,149.84 2,322,480.58 MOM
Cash 231,264.26
Texpool 3,313,333.68
Logic 194,547.63
Investments 0.02
3,739,145.59
Variance 4.25
Fees Collected Water Sewer Interest Earned Water . Sewer
38,630.46 21,071.16 17,559.30 -
73,188.00 40,193.45 32,994.55 1,591.70 878.15 713.55
169,363.86 92,380.29 76,983.57 1,735.99 951.93 784.06
209,059.66 114,032.54 95,027.12 14,965.00 6,508.60 8,456.40
168,240.19 91,767.38 76,472.81 26,444.80 11,935.05 14,509.75
410,307.68 161,980.52 248,327.16 34,022.52 17,813.36 16,209.16
1,040,804.93 372,978.34 667,826.59 36,511.71 27,199.65 9,312.06
1,218,019.48 407,632.68 810,386.80 64,694.38 53,509.64 11,184.74
678,389.13 219,915.56 458,473.57 104,205.13 81,951.33 22,253.80
1,576,141.53 423,327.65 1,152,813.88 119,635.96 88,023.12 31,612.84
414,969.45 234,986.29 179,983.16 46,550.96 29,651.90 16,899.06
5,997,114.37 1,945,279.57 3,636,865.35 450,358.15 288,770.82 115,036.37
8/20/2002 16:38
impactfees
THE HOGAN CORPORATION
Engineers • Planners • Consultants
August 14, 2002
Mr. Biff Johnson
City Manager
City of Wylie
2000 Hwy. 78 North
Wylie, TX 75098
Attention: Chris Hoisted, P.E.
Re: Rush Creek Sewer& Force Main
THC #002-5021
Dear Mr. Johnson:
On August 9, 2002, a total of thirteen (13) bids for the referenced project were received in your
offices and opened. Texas Electric Utility Construction submitted the apparent low base bid in
the amount of$442,001.43. All bid submittals have been subsequently reviewed and tabulated.
Mathematical errors were detected in the Texas Electric Utility Construction and Mid-Continent
Excavation bids; no change in ranking of bidders occurs with the corrected amounts. Otherwise
no other errors or discrepancies were noted. A copy of the bid tabulation is attached.
The bid form included an alternate bid for a 30-inch gravity sanitary sewer pipe. Texas Electric
Utility Construction also submitted the lowest bid for this work, in the amount of$319,916.40.
We reviewed qualification information submitted by Texas Electric Utility Construction, and
contacted several of the references provided. Based on our review of the qualification
information submitted, we see no reason to believe that Texas Electric Utility Construction
would be incapable of performing this work.
It is therefore recommended that City of Wylie award the project to Texas Electric Utility
Construction for their low base bid of$442,001.43. If the City elects to accept the alternate bid,
the contract amount should be adjusted to $761,917.83. Please let us know if there are any
comments or questions.
Very truly yours,
TH H I GAN CORPORATION
Larry K. uson P.E.
E = uti Vic President
Enclosures
Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455
Member, American Consulting Engineers Council Dallas, Texas 75252
TEL: (972) 380-4646
FAX: (972) 380-4633
City of Wylie Bids Received:
Rush Creek Sewer And Force Main August 9,zooz.11 a m.
BID SUMMARY
TX Electnc Utility Const. Mid-Continent Excavation Fox Moss Coast Four D
Item Est. RA Development UUS WR Hodgson
e Qty. unit Description Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Avno,a,t Unit Pnce Amount Unit Price Amount Unit Price Amount
Base Bid Items - _
1 1 2,713 L.F. Furnish and instal 36.inch PVC profile gravity sanitary $51.75 $140.391.40 $71.00 5192,623.00 $71.00 $192,623.00 $65.00 $176,345.00 $73.50 $199,405.0 $62.00 $168,206.00
sewer pipe(ASTM F.794,F949.or F1803),all depths $67.00 $181.771.00 $73.28 5198,808.64 $82.63 E224,175.19
2 5 Ea. Furnish and install 5.foot diameter manhole,all depths $2,809.80 $14,049.00 $3,000.00 $15,000.00 $3,600.00 $18,000.00 $3,870.00 $19,3O.00 $3,650.00 $18,2O.00 $3,170.00 3 2 Ea. Furnish and install 5-foot diameter T 5-manhole.all $
$6.80.00 82.400.00 $$4,000.00 $3,827.00 $
$7,654.00 $4,306.84 $$8,611.O
Type f3,043.95 $6,087.90 53,000.00 $b,000.00 $3,900.00 $7,800.00 $3,935.00 $7,670.00 $3,300.00 $6,600.00 $3,400.00 56,800.00 52.400.00 fa,800.00 53,827.13 57,654.26 f4,306.84 58,613.68
depths
4 1 L.S. Famish and install 6 foot diameter special manhole $17,342.46 Sl),362.46 $4,000.00 56,000.00 f14,000.00 f 14,000.00 $30,200.00 $30,200.00 f27,700.00
F including ductile eon pipe force man connection withf27,700.00 f28,000,00 $28,000.00 f4,000.00 54,000.O0 S22.198.75 $22,198.75 529,308.20 f29,308.20
fittings and all appurtenances
5 290 L.F. Furnish and install 18-inch Class 250 ductile iron pipe force $47.35 $13,730.24 $49.00 $14,210.00 $53.00 $15,370.00 $51.00 $14,790.00 $63.80 $18,02.00
man,with push-on pints,ductile iron fittings and polyethelene wrap,including embedment $62.00
$17,980.00 $75.0o f21,7O.00 $0.06 $14,517.40 $O.80 $16,732.00
•
6 4,760 L.F. Furnish and insta118.inch force man with push-on joints, $44.51 8211,879.12 $39.00 $185,640.00 $39.00 $185,640.00 $38.00 $180,880.00 $33.70 $160,412.00 $42.50 $202,300.00 $49.00 $233,240.00 $47.78 $227,432.80 $37.68 $179,356.80
either PVC pipe with cast.iron outside dimensions(AW WA
C905,DR25),or Class 250 ductile iron pipe with
poyethelane wrap,including embedment and ductile iron
fittings
7 42 L.F. For boring and jacking 30.inch diameter a 0.50.inch wail $277.94 $11,673.31 $300.00 $12,600.00 $260.00 810,920.00 $255.0 thickness steel casing,including additional cost for spacers 0 $10,710.00 $276.00 511,592.00 $265.00 $11,130.00 f170.00 f7,140.00 $235.32 59,683.44 E424.55 517,831.10
and insertion of IB.inch force main pipe
8 30 L.F. For sawcut,removal and replacement of existing asphalt $64.39 f 1,931.74 f 10-00 $6,500.00 f20.00 $600.00 $17.00 $510.00 $66.00
pavement51,980.00 f63.00 E3,890.00 f30.00 5900.00 540.00 51,200.00 $45.19 51,355.70
9 180 L.F. Furnish and instal concrete encasement for force main $46.83 $8,429.40 $45.00 $8,100.00 $35.00 $6,300.00 $42.00 $7,56000 $41.00
57,380.00 $60.00 510,600.00 $40.00 $7,200.00 $26.23 54,721.40 556.30 f10,134.00
10 1 L.S. Furnish and instal 3.inch sewage combination air/vacuum $7,398.33 $7,398.33 $6,500.00 $6,500.00 $5,400.00 $5,400.00 $6,50.00 $6,50.00 $7,800.00 $7,800.00 $7,500.00 $7,500.00 $5,800.00 $5,800.00 $5,985.02 $5,985.02 $9,839.41 $3,839.41
valve,valve vault,and MI related appurtenances
11 7,763 L.F. Furnish and install trench safety system $1.17 $9,088.53 $0.O $3,881.0 $0.30 $2,328.90 $0.75 $5,822.25 $0.20 $1,552.60
y 51.O 811,644.0 50.10 5776.30 $0.60 $4,657.80
$442,001.43 5453,054-0 � �
tel-Base Bid Amount $0.74 $5,7d4.62
'$s$ ` - $460.587.25 $461,174.10 $482,100O
Alternate Bid Items 5482.377.30 8518,034.51 5524,002.20
Al 4,712 L.F. Furnish and instal 30-inch PVC profile gravity sanitary $51.84 $244,271 78 $63.00 $296,856.00 $66.00 $310,992.00 $57.60 $271,411.20 $60.60 $285,547.20
sewer pipe(ASTM F.794,F949,or F1803),all depths, 554.00 $254,448.00 E60.00 $282,720.00 f65.21 $307,269.52 including embedment $62.88 $2%,290.56
A2 1 L.S. Additional cost to complete Rush Creek Crossing,including $8,105.61 $8,105.61 $15,000.00 $15,000.00 $11,000.00 $11,000.00 525,000.00 $25,000.00 $16,900.00 $16,900.00 $16,900.00 $16,900.00 $15,000.00 $15,000.00 $19,962.33 S19,962.33 $15,219.01 $15,219.01
cement stabilized backfill,concrete encasement,and any
other items subsidary to crossing
A3 1 Ea. Furnish and install 5.foot diameter manhole,all depths $2,727.16 $2,727.16 $3,000.00 $3,000.00 $3,600.00 $3,600.00 $4,530.00 $4,530.00 $3,60.00 $3,60.00 $4.300.00 $4,300.00 $3,000.00 $3,000.00 $4,254.75 $4,254.75 $4,430.64 $4,430.64
A4 7 Ea. Furnish and instal 5-foot diameter Type 5-manhole,all $2,964.31 $20,70.17 $2,600.00 $18,200.00 $3,700.00 $25,900.00 $4,700.00 $32,900.00 $3,70.00 $26,20.00 54,300.00 $30,100.00 $2,900.00 f20,300.00 $4,175.25 $29,226.75 $4,359.27 E30,514.89
depths
A5 3 E. Furnish and install 5.foot diameter Type S'manhole with $3,260.74 $9,782.22 $3,800.00 $11,400.00 $3,950.00 $11,80.00 $5,510.00 $16,530.00 $4,500.00 $13,500.00 $4,700.00 $14,100.00 $3,000.00 $9000.00 $4,375.25 $13,125.75 $4,928.41 $14,785.23
vent,MI depths
A6 30 L.F. For sawcut,removal and replacement of existing asphalt $65.21 $1,956.44 $10.00 $4,500.00 $35.00 $1,050.00 $17.00 $510.00 $66.00
pavementSt,980.00 565.00 51,9O.00 540.00 SI,200.00 f40.00 51,200.00 $45.19 51,355.70
A7 4,712 L.F. Furnish and install trench safety system $1.19 $5,587.11 $0.0 $2,356.00 $0.30' $1,413.60 $1.00 $4,712.00 $0.20 A8 1,550 l.F. Remove existing l5-ooh sewer $14.62 $22,661.76 $4.00 $6.200.00 $5.00 $7,70.00 $4.00 $6,200.00 $7.50 $11,625.00 $6.00 $9,300.00 $10.00 $15,9500.00 42.40 $7.00 $0,80.00 $15.33 $23,761.0
A9 6 Ea. Remove and dispose of existing manholes $679.02 $4,074.15 $200.00 $1,200.00 $750.00 $4,500.00 $800.00 $4,800.00 $650.00
53,900.00 f400.00 f2,400.00 f800.00 54,800.00 8300.00 f1,800.00 $986.29 85,917.74
Total.Alternate Bid Amount $319,916.40' $358,712.00' $378,055.60 $366,593.20 $364,294.60
Grand Total Base Bid plus Alternate Bid $341,979.60 $352,462.40 • $392,212.62 $395,762.15
$761,917.83 $811,766.O $837,037.50 $827,180.45
5625,468.70 f824,080.10 5834,839.70
f910,227.13 $919,764.35
•
THC 002.0.21
THE HCGAN CCRPORATIQV
Page 1
City of Wylie Bids Received:
Rush Creek Sewer And Force Main August 9.2002.a a.m.
g BID SUMMARY
Item Est. Sl Louis Rycon Holloman TnCon Services
a Qty. Unit Description Unit Price Amount Unit Price Amount Unit Price Amount Unit Pnce Amount
Base Bid Items
1 2,713 LF. Furnish and install 36intls PVC profile gravity sanitary $68.00 $184,484.00 $75.00 $203,475.00 $123.90 $336,140.70 $110.00 $298,430-00
sewer pipe(ASTM F.794,F949,or F1803),all depths
2 5 Ea Furnish end instil 5-foot diameter manhole,all depths $2,600.00 $13,000.00 $3,500.00 $17,500.00 $3,309.02 $16,545.10 $5,000.00 $25.000.00
3 2 Ea. Furnish and install 5.foot diameter Type S'marowie,Al $3,600.00 $7,200.00 $4,000.00 $8.000.00 $3,998.81 $7.997.62 $6,000.00 $12,000.00
depths
4 1 LS. Furnish and instan 6.foot diameter special manhole $25.500.00 $25,500.00 $30,000.00 $30,000.00 $27,804.05 $27,804.05 $35,000.00 $35,000.00
tluding ductile iron pipe force main connection with
fittings end all appurtenances
5 290 L.F. Furnish and instil 18.inch pass 250 ductile iron pipe force $50.00 $14,500.00 $75.00 $21,750.00 $61.44 $17,817.60 $125.00 $36,250.00
main,with push.n pints,ductile iron fittings and
poyethalene wrap,including embedment
6 4,760 LF. Furnish and instil 18.inch force main with push-on joints, $53.00 $252,280.00 $60.00 $285,600.00 $40.42 $192,399.20 $67.00 $318,920.00
either PVC pipe with sadiron outside dimensions(AWWA
C905,DR25),or Class 250 ductile iron pipe with
polyet elene wrap.including embedment and ductile iron
• fittings
. 7 42 L.F. For twang and lacking 30.inch diameter s 0.50inch wall $300.00 $12,600.00 $300.00 $12,600.00 $345.38 $14,505.96 $475.00 $19,950.00
thickness steel casing,including additional cost for spacers
and insertion of 18.inch force main pipe
8 30 L.F. For sawcul,removal and replacement of existing asphalt $100.00 $3,000.00 $20.00 $600.00 - $36.12 $1,083.60 $80.00 $2.400.00
pavement
9 180 LF. Furnish and instil concrete encasement for force man $75.00 $13,500.00 $20.00 $3,600.00 $58.36 $10,504.80 $40.00 $7,200.00
10 1 LS. Furnish and instil 3-inch sewage combination air/vacuum $7,200.00 $7,200.00 $10,500.00 $10,500.00 $6,413.06 $6,413.06 $5,000.00 $5,000.00
valve,valve vault,and all minted appurtenances
11 7,763 L.F. Furnish and instil trench safety system $3.50 $27,170.50 $4.00 $31,052.00 $1.09 $8.461.67 $0.25 $1,940.75
Total Base Bid Amount 8560,434.50 $624,677.00 $639,673.36
$762,090.75
Alternate Bid Items
Al 4,712 L.F. Furnish and instil 30.inch PVC profile gravity sanitary $61.00 $287,432.00 $75.00 $353,400.00 $68.28 $321,735.36 $80.00 $376,960.00 sewer pipe(ASTM F.794,F949,or F1803),all depths,
irduding embedment
A2 1 L.S. Additional cost to complete Rush Creek Crossing,including $25,000.00 $25,000.00 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $44,000.00 $44.000.00
cement stabilized backfill,concrete encasement,and any
other items subsiday to crossing
A3 1 E. Furnish and instil 5"loot diameter manhole.all depths $4,000.00 $4,000.00 $4,500.00 $4,500.00 $4,071.02 $4,071.02 $5,000.00 $5,000.00
A4 7 Ea. Furnish and install 5.kwt diameter Type S'manhole,all $4,000.00 $28,000.00 $4,500.00 $31,500.00 $4,317.18 $30,220.26 $6,000.00 $42,000.00
depths
45 3 Ea. Furnish and instil 5-foot diameter Type S'manhole with $4,125.00 $12,375.00 $5,000.00 $15,000.00 $4,628.77 $13,886.31 $6,500.00 $19,500.00
vent,all depths
A6 30 L.F. For sawcut.removal and replacement of existing asphalt $100.00 $3,000.00 $50.00 $1,500.00 $16.42 $492.60 $8000 $2.400.00
pavement
A7 4,712 L.F. Furnish and instil trench safety system $3.50 $16,492.00 $4.00 $18,848.00 $1.09 $5,136.08 80.25 $1,178.00
A8 1,550 L.F. Remove existing 15.inch sewer $5.00 $7,750.00 $8.00 $12,400.00 $6.00 $9,300.00 $10.00 $15,500.00
A9 6 Ea. Remove and dispose of existing manholes $500.00 $3,000.00 $500.00 $3,000.00 $400.00 $2,400.00 $2,000.00 $12.000.00
Total•Alternate Bid Amount $387,049.00 $445,148.00 $389,741.63 $518,538.00
Grand Total•Base Bid plus Alternate Bid $947,483.50 $1,069,825.00 $1,029,414.99 $1,280,628.75
THC 002-50.21
TIE HDGAN CORPOMTEel
Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NUMBERS 2001-12 AND 98-16, SECTION 1 AND APPENDIX
C OF WYLIE'S CODE OF ORDINANCES, SECTION 2.00
"CONSTRUCTION PERMITS AND FEES"; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
City of Wylie, Texas ("Wylie")to amend Ordinance No. 2001-12, Section 1 and Appendix C
of Wylie's Code of Ordinances, Section 2.00 "Construction Permits and Fees"; and
WHEREAS, the Wylie Construction Board and the Building Official for Wylie have
reviewed the Fee Schedule for Construction Permits and Fees and recommend a revision of the
same by the City Council.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance No. 2001-12, Section 1 and Appendix C of
Wylie's Code of Ordinances, Section 2.00 "Construction Permits and Fees". Wylie Ordinance
No. 2001-12, Section 1 and Section 2.00"Construction Permits and Fees" of Appendix C of Wylie's
Code of Ordinances are hereby amended to read as follows:
"§ 2.00 Construction Permits and Fees
§ 2.01 Building, Plumbing, Mechanical and Electrical Permit Fees
When a building, plumbing, mechanical or electrical permit is required by the
Building, Plumbing, Mechanical or Electrical code adopted by the City of Wylie, the
following fees shall be assessed:
EXCEPTION: Permit fees shall not be required when the permit is for a
building owned and occupied by a public agency.
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 1
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(a) New Single-Family Fees (including duplexes)
$700.00 + 10 cents a square foo'L
(1) A non-refundable plan review deposit of fifty dollars ($50.00)
is due at time of plan submittal. The plan review deposit will
be applied toward the cost of the building permit only if the
building permit fee is paid within 6 months of the date the plan
was submitted for review.
(b) New Multi-Family Fees (3 attached units or more)
$250.00 per unit
(1) A non-refundable plan review deposit equal to 10% of the
permit fee is due at time of plan submittal. The plan review
deposit will be applied toward the cost of the building permit
only if the building permit fee is paid within 6 months of the
date the plan was submitted for review.
(c) New Commercial Fees
(1) Building Permit Fees for New Construction
a. $200.00 + 8 cents a square foot
b. Fees for tenant finish out and shell buildings will be
75% of the above fees.
c. A non-refundable plan review deposit equal to 50% of
the building permit fee is due at the time of plan
submittal. The plan review deposit will be applied
toward the cost of the building permit only if the
building permit fee is paid within 6 months of the date
the plan was submitted for review.
(2) Plumbing, Mechanical and Electrical fees for New
Construction (Each)
a. $50.00 + 3 cents a square foot
b. Fees for tenant finish out and shell buildings
will be 75% of the above fees.
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 2
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(d) Fees for Additions, Alterations, Repairs, Demolition, Screening
Walls, Retaining Walls and Accessory Buildings.
The following fees shall be charged for small construction jobs
involving additions, alterations and repairs. Larger projects that
involve substantial work shall be charged as new construction at the
sole discretion of the Building OfficiG:.
Value of Construction Permit Fee
$0.00 to $2,500.00 $50.00
$2,500.01 to $5,000.00 $60.00
$5,000.01 to $10,000.00 $75.00
$10,000.01 to $25,000.00 $100.00
$25,000.01 to $50,000.00 $150.00
$50,000.01 to $100,000.00 $225.00
$100,000.01 or more $300.00 for the first$100,000.00
+ $50.00 for each $50,000.00
or fraction thereof.
§ 2.02 Miscellaneous Fees
Any activity listed below shall be charged the following fee associated with the
activity:
Certificate of Occupancy $50.00
(only charged when no permit issued for new construction)
Temporary Certificate of Occupancy $100.00
(charged for all temporary certificates of occupancy)
Fence Permit $40.00
In-ground swimming pool $300.00
Spa or above-ground pool $100.00
Lawn Sprinkler $50.00
Tent $50.00
Construction trailer $75.00
Drive Approach $50.00 per approach
Sidewalk $50.00 per lot
Structure Moving Permit $75.0C
(Any structure moved through or into the City of Wylie that exceeds 25G square feet)
Additional Plan Review $50.00 per hour-Minimum one hour
Appeal to the Construction Board $150.00
Duplicate Building Permit $10.00
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 3
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§ 2.02 Miscellaneous Fees -continued
Change Contractor on Issued Permit $10.00 per contractor
Re-stamp Plans $50.00 per hour—Minimum one hour
Sign Permit $75.00
Promotional Signs $40.00
R.O.W. Signs $75.00 per calendar year
§ 2.03 Registration and License Fees
General, Plumbing, Mechanical, Electrical and Irrigation contractors shall not be
eligible to receive a permit within the City of Wylie until they have registered with the
City as a contractor and paid the following fee. Fees shall be paid annually and
registration will be valid from January 1 through December 31. Registrations
received and fees paid between December 1 and December 31 of any calendar year
shall be valid from that date until December 31 of the following calendar year.
General Contractor $100.00
Plumbing Contractor $100.00
Mechanical Contractor $100.00
Irrigation Contractor $100.00
Backflow Tester $100.00
Pool Contractor $100.00
Fence Contractor $100.00
Electrical Contractor $100.00
Master Electrician $25.00
Journeyman Electrician $10.00
Residential Specialist $10.00
Master Sign Electrician $25.00
Journeyman Sign Electrician $10.00
§ 2.04 Inspection Fees
Fees for the associated inspection activities are as follows:
Reinspection Fee $50.00
After Hours Inspection $50.00
per hour/minimum 2 hrs
Special Inspection $50.00
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 4
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§ 2.05 Engineering Inspection Fees
Each project shall be charged an engineering inspec:'on fee. The fee shall be three
percent (3%) of the City's estimate of the cost of the public work utilities and streets
of new construction which are to be dedicated to the City of Wylie as well as private
commercial parking areas. Such items shall include, but not be limited to: street
paving, storm drainage, water mains, sewer mains, commercial parking areas and
other items designated for conveyance to the city after completion of improvements
through the process of public dedication. These fees shall be paid prior to the start
of construction."
SECTION 2: Penalty Provision. Any person, firm, corporation or business entity violating
this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject
to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation
relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which
the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00).
Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the
violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal
law.
SECTION 3: Savings/Repealing Clause. Ordinance No. 2001-12 shall remain in full force
and effect except as amended by this or any other ordinance. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall
not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force and
effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 5
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PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of
, 2002.
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
DATE(S)OF PUBLICATION:
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 6
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WYLIE CITY COUNCIL
AGENDA ITEM NO.
August 27, 2002
Issue
Hold a public hearing to consider and act upon an ordinance adopting new sign regulations and repealing
all conflicting ordinances.
Background
When the City Council approved the new zoning regulations last winter, it was decided to remove the
proposed sign regulations from the zoning ordinance. Staff was directed specifically to review the
section of the ordinance that did not allow pole signs anywhere within the City of Wylie. Staff has
r rren-t iiapaseel -° :as sign regulations from area cities and has prepared the following
ordinance. Additionally, ef\extendiag this ordinance into areas of our ETJAthat are within 500 feet
---of Highway 78. ly 2;, , �;(),..f , `,
signre
f the proposed ordinance adopting-newregulations with one of the
f rdi .p.ole-signs:
1
1. Allow pole signs along Highway 78 ord'y.
2. Allow pole signs only in certain zoning districts such as Commercial Corridor, Business Center
and Community Retail.
3. Allow pole signs throughout the City.
4. Disallow all pole signs within the City.
Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendation
The Planning and Zoning Commission recommended approval of the attached ordinance at its August
20, 2002 meeting with one exception, to disallow all pole signs within the City.
Staff Recommendation
N/A
Attachments
Copy of the ordinance adopting new sign regulations.
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL -\\\,,,,/ \
AGENDA ITEM NO.
August 27, 2002
Issue
Hold a public hearing to consider and act upon an ordinance adopting new sign regulations and repealing
all conflicting ordinances.
/Background
At the last major revision to the Zoning Ordinance in January/February of 2002, the City Council
removed the sign regulations for further discussion. The sign regulations from the 1985 Zoning
/ Ordinance are currently in use.
Theed" ra revisions are"a binat 4 f research'anc e i4 zff and the consultant for
( .,
the-ZortingOrdinance. These Sign Regulations will continue to be a free-standing ordinance such as
the Building Code, and will be administered by the Building Official.
When the city C�.. a cil approved$he-new zoninglregulations last winter;--it-was decided to remove the
proposettsign-regulations from the Rzoning-oidinance. Staff was directed specifically to review the
section of the ordinance that did not allow pole signs anywhere within the City of Wylie. Staff has
reviewed current, proposed as well as sign regulations from area cities and has prepared the following
ordinance. In this •rdinance, p le signs ao only 9llowyd on p perty that onts H,i0hway 78.
Additionally, - extendin 's ordinan into as ()tour E that with' 500 felt of Hi' hway
78. 'e..
Financial Considerations
N/A �,l\„, .v Z �� " �. r
u -, -
Other Considerations tA j
N/A "'`
- ç
C`'
and/Commission Recommendation z
e Planning and Zoning Commission considered the proposed revisions in a work session on August
6 and in a public hearing on August 20, 2002. After significant research and discussion, the
'\.'ON
Commission recommends that pole signs be eliminated or strictly limited to major commercial
corridors, but with that exception recommends adoption of the Sign Regulations as otherwise submitted.
✓,
The Planning and Zoning Commission recommended approval of the attached ordinance at its August
20, 2002 meeting with one change. The Planning and t,onng Commission's recommendation,is-toy,,
disallow all pole signs within the City.
I
Staff Recommendation �� '
N/A
Attachments
Copy of the ordinance adopting new sign regulations.
VVYLIE CITY COUNCIL
rr'' AGENDA ITEM NO.
August 27, 2002
6
i Issue
\\:, Hold a public hearing to consider and act upon an ordinance adopting new sign regulations and repealing
all conflicting ordinances.
'%\
Background
When the City Council approved the new zoning regulations last winter,it was decided to remove the
proposed sign regulations from the zoning ordinance. Staff was directed specifically to review the
i section of the ordinance that did not allow pole signs anywhere within the City of Wylie. Staff has
reviewed current,proposed as well as sign regulations from area cities and has prepared the following
ordinance. In this ordinance, pole signs are only allowed on property that fronts Highway 78.
Additionally,we are extending this ordinance into areas of our ETJ that are within 500 feet of Highway
78.
( Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendation
The Planning and Zoning Commission recommended approval of the attached ordinance at its August
,,..,(
20, 2002 meeting with one change. The Planning and Zoning Commission's recommendation is to
disallow all pole signs within the City.
Staff Recommendation
Approve the attached ordinance dopting new sign regulations that would allow pole signs along
Highway 78 only. -
i
Attachments
Copy of the ordinance adopting new sign regulations.
„f
Prepared by Reviewed by Finance City Manager Approval
tript
•
•
•
Public Hearing Item No. 2
Proposed Revision of the
Sign Regulations
Planning and Zoning Commission Public Hearing: August 20, 2002
Applicant: City of Wylie
Issue: Receive public comment and consider a recommendation to
the City Council regarding adoption of certain proposed
revisions to the Sign Regulations for the City of Wylie
Background:
The first comprehensive regulations to control private signs by the City of Wylie were adopted
and incorporated into the Zoning Ordinance in 1981, and these have been revised several times
[ �,t.k„A, h 4..� /;1J�{ +gyp`
M..,• $* + ! ,Mile-.,C�'
since. . _ �� ���
ther �, .s° t R i$ber clistanision, T sign regulations from the 1985
s 'Sfa 5use.
The attached draft revisions are a combination of research and opinion by staff and the consultant
for the Zoning Ordinance. These Sign Regulations will continue to be a free-standing ordinance
such as the Building Code, and will be administered by the Building Official.
Public notification of these proposed revisions to the Sign Regulations has been made in the time
and manner required by State law. Notice of the public hearing was published in The Wylie News.
No public comments have been returned at the time of this posting.
Financial and Other Considerations:
NA
P evision of the Sign Regulations
BOARD/COMMISSION RECOMMENDATION
The Planning and Zoning Commission considered the proposed revisions in a wok session on
August 6 and in a public hearing on August 20, 2002. After significant research and discussion,
the Commission recommends that pole signs be eliminated or strictly limited to major commercial
corridors, but with that excep , recommends t ption of the-Sign Regqiiittons as otherwise
submitted.
Staff Recommendation:
Hold a public hearing and recommend that the City Cooncil adopt the revisions to the Sign
Regulations as proposed.
The Department's of Planning, Engineering, Development Services, Public Works, and Fire
concur with this recommendation.
Attachments:
Revised Text of the Proposed Sign Regulations
SIGN REGULATIONS
1. Intent 1
2. Definitions 2
3. Administration 7
A. Permits 7
B. Applications 7
C. Work Started Without a Permit 7
D. PERMIT REVOCABLE 8
E. Nonconforming Existing Signs 8
F. Signs Exempt from Permit Regulations 8
G. Prohibited Signs 11
H. Inspection 12
I. Removal of Obsolete Signs 12
J. Removal or Repair of Dilapidated or Deteriorated Signs 12
K. Removal of Illegally Erected Signs 12
L. Removal Expenses 13
M. Appeals 13
4. GENERAL SIGN REGULATIONS 14
A. Flags 14
B. Obscenity 14
C. Obsolete Signs 14
D. Maintenance of Signs 14
E. Signs Held by Pedestrians 14
F. Wind Pressure and Dead Load Requirements 15
G. Obstructing Doors, Windows, or Fire Escapes 15
H. Placement of Advertising Matter 15
"EXHIBIT A"
I. Signs Prohibited On or Over Public Property 15
J. Illumination of Signs 15
K. Searchlights 16
5. Attached Sign Regulations 17
A. Maximum Sign Area 17
B. Illumination of Attached Signs 17
C. Window Signs 17
D. Awning Signs 18
E. Projecting Signs 18
F. Marquee Signs 18
G. Canopy Sign 19
6. Monument Sign Regulations 20
A. Properties with Multiple Tenants 20
B. Properties with Single Tenants 20
C. Gasoline Pricing Signs 21
D. Material Regulations 21
E. Illumination 21
F. Model Home Signs 21
7. Other types of Signs 23
A. Menu Board Signs 23
B. Subdivision Entry Signs 23
C. Directory Signs 23
D. Institutional Signs 24
E. Pole Signs 24
8. Temporary Sign Regulations 26
A. Development Signs 26
B. Real Estate Sign 26
C. Promotional Signage 26
9. SIGNS LOCATED IN THE CITY RIGHT-OF-WAY 28
A. Permits. 28
B. Time Limitations 28
C. Location 28
D. Size 28
E. Height 28
F. Number of Signs 28
G. Sign Placement Vehicles 29
H. Tampering with Permit Decals 29
I. Temporary Banners and Streamers in the Right-of-Way 29
J. Removal of Unpermitted Signs 29
SIGN REGULATIONS
1. INTENT
A. Signs are an important component of the urban built environment, providing
important information, and directions to community residents and visitors.
However:
1. The uncontrolled proliferation of signs is hazardous to users of streets and
highways within the City of Wylie and will adversely affect the safety and
efficiency of the City's transportation network; and
2. Unless the location, number, setback, lighting, and size of signs are
regulated, the scattering of the signs throughout the City would be detrimental
to the preservation of scenic resources and so to the economic base of the
City; and
3. The proliferation of signs in the City has an adverse affect on adjacent
property values; and
4. The orderly and uniform regulation of signs is a substantial factor in guiding
the attractive and aesthetic development of properties in accordance with the
comprehensive plan and thereby avoiding detrimental impacts of signs on the
appearance of the City.
B. Therefore it is the intent of these regulations:
1. To protect the safety and efficiency of the City's transportation network by
reducing the confusion or distraction to motorists and enhancing the
motorist's ability to see pedestrians, obstacles, other vehicles, and traffic
signs;
2. To preserve, protect, and enhance areas of historical, architectural, cultural,
aesthetic, and economic value regardless of whether they are natural or
manmade;
3. To protect the value of adjacent and nearby properties, in particular,
residentially zoned properties from the impact of lighting, size, height,
movement, and location of signs;
4. To enhance the image of the City which is conveyed to tourists and visitors by
controlling the location, number, and size of signs;
5. To integrate sign regulations more effectively with other regulations by
establishing regulations for setbacks, height, and spacing to allow for lighting,
ventilation, and preservation of views in a manner consistent with land uses in
the various zoning districts; and
6. To preserve and enhance the appearance of the City and the public interest
in aesthetics, and to control and reduce visual clutter and blight.
CITY OF WYLIE SIGN REGULATIONS Page 1
2. DEFINITIONS
Alter means to change the size, shape or outline, or type of sign or to change the
electrical lighting, except for the replacement of lamps not brighter than the original or
the replacement of a surface panel.
Attach means to stick, tack, nail or otherwise affix a sign to any object; to paint, stencil,
write, or otherwise mark on an object.
Awning means an architectural projection that provides weather protection, identity and
decoration, and is supported by the building to which it is attached. It is composed of a
lightweight rigid or retractable skeleton structure over which a thin cover is attached
which may be of fabric or other materials, and may be illuminated.
Building means a structure which has a roof supported by columns, wall or air for the
shelter, support, or enclosure of persons, animal or chattel.
Building Official means the building official for the City of Wylie or his/her designee.
Canopy means a roof-like structure which shelters a use such as, but not restricted to,
a gasoline pump island, and is supported by either one or more columns or by the
building to which it is accessory to and is open on two or more sides.
Dilapidated or deteriorated condition means any sign:
A. Where elements of the surface or background can be seen as viewed from
the normal viewing distance (intended viewing distance), to have portions of
the finished material or paint flaked, broken off, or missing, or otherwise not in
harmony with the rest of the surface; or
B. Where the structural support or frame or sign panels are visibly bent, broken,
dented, or torn as to constitute an unsightly, hazardous or harmful condition;
or
C. Where the sign, or its elements, are twisted or leaning or at angles other than
those at which it was originally erected (such as may result from being blown
or the failure of a structural support); or
D. Where the message or wording can no longer be clearly read by a person
under normal viewing conditions; or
E. Where the sign or its elements are not in compliance with the regulations of
the National Electrical Code and/or the Uniform Building Code currently
adopted by the City.
Erect means to build, construct, attach, hang, place, suspend or affix, and shall also
include the painting of signs on the exterior surface of a building or structure.
Facing or surface means the surface of the sign upon, against or through which the
message is displayed or illustrated on the sign.
CITY OF WYLIE SIGN REGULATIONS Page 2
Flag means a piece of cloth, canvas, or other light fabric, usually rectangular in shape,
containing a distinctive design or message which is used as a symbol or to signal or
attract attention.
Illuminated sign means any sign which has characters, letters, figures, or designs
illuminated by electric lights, luminous tubes or other means that are specifically placed
to draw attention to, or to provide night time viewing of, the subject matter on the sign
face.
Incombustible material means any material which will not ignite at or below a
temperature of 1,200 degrees Fahrenheit, and will not continue to burn or glow at that
temperature.
Logo means any design or insignia of a company or product which is commonly used in
advertising to identify that company or product.
Pennant means any lightweight plastic, fabric, or other material, whether or not
containing a message of any kind, suspended from a rope, wire or string, usually in a
series, designed to move in the wind.
Premises means a lot or unplatted tract, or a combination of contiguous lots a nd/or
unplatted tracts of land where the lot, tract, or combination of lots and/or tracts is under
single ownership and is reflected in the plat record of the City.
Public Right-of-Way means a dedicated road or street including the easement for that
road or street.
Roof means any exterior surface of a structure that has a slope of less than 60 degrees
and shall also include the top most portion of any structure.
Searchlight means an apparatus capable of projecting a beam or beams of light in
excess of 1 million peak candlepower.
Sight Visibility Triangle means where one street intersects with another, the triangular
area formed by extending two (2) curb lines a distance of forty-five (45) feet from their
point of intersection, and connecting these points with an imaginary line, thereby making
a triangle. If there are no curbs existing, the triangular area shall be formed by
extending the property lines a distance of thirty (30) feet from their point of intersection
and connecting these points with an imaginary line thereby making a triangle. Where a
street intersects with an alley or driveway, the "sight visibility triangle" is the triangular
area formed by measuring eight (8) feet to a point along the property lines and adjoining
said points to form the hypotenuse of the triangle.
Sign means any device, flag, banner, light, figure, picture, letter word, message,
symbol, plaque, or poster visible from outside the lot on which it is located and designed
to inform or attract the attention of persons not on that lot.
Sign area means the actual area of a face of the sign, unless the sign is not of a regular
(square, rectangle, triangle, circle) shape. In the case of an irregularly-shaped sign, the
entire area within a single continuous perimeter forming the most applicable single
regular shape enclosing the extreme limits of each sign shall be the "gross surface
area." In the event two or more signs share a single structure, each sign or panel may
CITY OF WYLIE SIGN REGULATIONS Page 3
be considered separately for square footage purposes, except that the combined
footage of such signs cannot exceed the total square footage allowed for the sign.
Sign, Attached means any sign attached to, applied on, or supported by, any part of a
building (such as a wall, roof, window, canopy, awning, arcade, or marquee) which
encloses or covers usable space. Neon tubing attached directly to a wall surface shall
be considered a "wall sign" when forming a border for the subject matter, or when
directing attention to the subject matter or when forming letters, logos, or pictorial
designs.
Sign, Banner means a temporary sign composed of cloth, plastic, paper, canvas or
other light fabric.
Sign, Changeable Message means a sign whose face is designed and constructed in
a manner capable of changing messages through a system of removable characters or
panels attached to the face of the sign or changed by electronic means.
Sign, Development means a temporary on-site sign providing identification or
information pertaining to a residential or commercial development and may include the
builder, property owner, architect, contractor, engineer, landscape architect, decorator,
or mortgagee, within that d evelopment, but s hall not include a subdivision marketing
sign.
Sign, Directional means any on-site sign to direct the public to entrances, exits and
services located on the property on which the sign is located.
Sign, Directory means a ny s ign I isting occupants within s hopping c enters, i ndustrial
sites, retail districts, office districts and commercial sites.
Sign, Garage sale means any temporary, on-site Promotional Sign for the sale of
personal household goods in a residential zoning district or on the property of a
nonprofit organization.
Sign, Incidental means any sign containing information incidental to the operation of
the business such as but not limited to hours of operation, accepted credit cards and
parking information.
Sign, Inflatable means any hollow sign expanded or enlarged by the use of air or gas.
Sign, Menu Board means a permanent on-site sign that displays a menu and pricing
for food services and may include an audible speaker and microphone integral to the
sign.
Sign, Model Home means any sign identifying a new home, either furnished or
unfurnished, as being a builder's or contractor's model open to the public for inspection.
Sign, Movement Control means a sign providing direction or traffic flow information for
persons or vehicles located the same premises as the sign. Movement Control Signs
shall not advertise or otherwise draw attention to the premises, an individual, business,
commodity, service, activity or product.
Sign, Municipally-Owned means any sign that identifies a park, entrance to the City,
place of interest within the City, any City sponsored event or any municipally-owned
CITY OF WYLIE SIGN REGULATIONS Page 4
facility and is erected by or at the direction of a City official. A municipally-owned sign
does not include traffic or street identification signs.
Sign, Monument means any detached sign made from masonry, concrete materials,
wood or plastic provided that a masonry or metal base is incorporated into the sign, with
no separation between the base of the sign and grade.
Sign, Obsolete means any sign that no longer serves a bona fide use or purpose.
Sign, Off-Premise means a sign displaying advertising copy that pertains to a
business, person, organization, activity, event, place, service or product not principally
located or primarily manufactured or sold on the lot on which the sign is located.
Sign, Pole means any sign erected on a vertical framework consisting of one or more
uprights supported by the ground and where there is a physical separation between the
base of the sign and the ground.
Sign, Political means a temporary sign relating to the election of a person to public
office, relating to a political party, or relating to a matter or measure to be voted on at an
election called by a public body.
Sign, Portable means a sign that is not securely connected to the ground in such a way
that it cannot easily be moved from one location to another and is not a vehicular sign.
Sign, Promotional means any type of temporary sign used for special promotions
including, but not limited to, grand openings, anniversary celebrations, sales, and other
such events. Promotional signs include, but are not limited to, banners, pennants,
streamers, balloons, flags, bunting, inflatable signs and other similar signs.
Sign, Protective means signs that identify or warn of any security devices located on
the premises, including guard dogs.
Sign, Reader board means any sign comprised of changeable letters that allows a
change of sign copy by adding or removing letters. The sign copy shall conform to the
category use of the sign allowed by this Ordinance.
Sign, Real Estate means any on-site temporary sign pertaining to the sale or rental of
property and advertising property only for the use for which it is legally zoned.
Sign, Subdivision means a sign that identifies the name of the subdivision only.
Sign, Window means any sign, banner, poster or display located on the internal or
external surface of the window of any establishment for the purpose of advertising
services, products or sales available within such establishment or which announces the
opening of such establishment.
Sign Support means any pole, post, strut, cable or other structural fixture or framework
necessary to hold and secure a sign, providing that said fixture or framework is not
imprinted with any picture, symbol or word using characters in excess of one inch (1")
in height, nor is internally or decoratively illuminated.
Sign, Vehicular means any sign on a vehicle parked temporarily, incidental to its
principal use for transportation. This definition shall not include signs being transported
to a site for permanent erection.
CITY OF WYLIE SIGN REGULATIONS Page 5
Sign Setback means the horizontal distance between a sign and the front or side
property line, as measured from that part of the sign, including its extremities and
supports, nearest to any point on any imaginary vertical plane projecting vertically from
the front or side property line.
Wall means any exterior surface of a structure that has a slope of 60 degrees or more.
Zoning District, Non-Residential means any zoning district designated by the Zoning
Ordinance of the City of Wylie as NS, CR, BP, CC, I, PD, FP, DTH.
Zoning District, Residential means any zoning district designated by the Zoning
Ordinance of the City of Wylie as AG/28, SF-1A/26, SF-30/24, SF-20/21, SF-10/19, SF-
8.5/17, TH/15, MF, MH.
CITY OF WYLIE SIGN REGULATIONS Page 6
3. ADMINISTRATION
The provisions of this Ordinance shall be administered by the Building Official.
A. Permits
1. No sign shall be erected, constructed, relocated, altered, repaired or
maintained except as provided in this Ordinance until a permit for such has
been issued by the City of Wylie and the fee paid, except as otherwise
provided in this Ordinance. Permit fees are contained in Appendix A of the
Code of Ordinances.
2. A permit for a sign, shall expire if the work is not commenced within ninety
(90) days from the date of such permit.
3. Electrical permit: Where signs contain electrical wiring and connections,
an electrical permit must also be obtained in addition to the permit for the
sign. No sign shall be erected in violation of the City's electrical code.
4. Not to Issue to Persons Previously Failing to Pay Fees: The City shall
not issue a permit under the provisions of this Ordinance to any person,
business, entity, organization or activity who has previously failed or refused
to pay any fees or costs assessed against him under the provisions of this
Ordinance.
5. Easements: No sign shall be located in any easement other than a
landscape easement.
B. Applications
All applications for permits shall include each of the following:
1. A completed permit application.
2. A drawing of the proposed sign and all existing signs maintained on the lot
and visible from the right-of-way.
3. A drawing of the lot plan or building facade indicating the proposed location
of the sign, and specifications.
C. Work Started Without a Permit
No sign requiring a permit may be erected or installed without first having a
permit. If any work for which a permit i s required b y t his Ordinance has been
commenced without first obtaining a permit the following shall apply:
1. Investigation. A special investigation to determine compliance shall be
made before a permit may be issued for the work.
2. Investigation Fee. In addition to the permit fee, an investigation fee shall be
collected whether or not a permit is then or subsequently issued. The
CITY OF WYLIE SIGN REGULATIONS Page 7
investigation fee shall be equal to the amount of the permit fee required by
this City. The payment of the investigation fee shall not exempt any person
from compliance with all other provisions of this Ordinance nor from any
other penalty prescribed by law.
D. PERMIT REVOCABLE
1. The City may suspend or revoke any permit issued under the provisions of
this Ordinance whenever it shall be determined that the permit is issued:
a. in error; or
b. on the basis of incorrect or false information supplied; or
c. in violation of any of the provisions of this Ordinance; or
d. in violation any other Ordinance of this City or laws of this State or the
Federal government.
2. The suspension or revocation shall be effective when communicated in
writing to the person to whom the permit is issued, the sign owner, or to the
property owner upon who's property the sign is located.
3. Any signs installed or existing under a revoked permit shall be removed by
the permit holder, sign owner, or property owner within ten (10) days of
written notice of the revocation.
E. Nonconforming Existing Signs
Every sign lawfully in existence on the date of passage of this Ordinance may be
repaired without applying for a permit hereunder, but no such sign or sign facing
shall be altered or moved unless a permit be issued pursuant to the provisions of
this Ordinance. In the case where a sign facing is being replaced for the same
business, a permit is not required. Temporary permits granted prior to the
passage of this Ordinance shall be renewed only if the applicant complies with all
provisions of this Ordinance.
F. Signs Exempt from Permit Regulations
A permit shall not be required for the following signs, provided however, the signs
shall otherwise comply with all other applicable sections of this Ordinance.
1. Nameplates
Nameplates, or signs reflecting the name of a building or structure (i.e., a
fence) or the name of the company that built or designed the building or
structure, not exceeding one square foot in area.
2. Building Identification/Memorial
Memorial signs or tablets, names of buildings and date of erection, when cut
into any masonry surface or when constructed of bronze or other
incombustible materials.
3. Traffic
CITY OF WYLIE SIGN REGULATIONS Page 8
Traffic or street signs, legal notices, railroad crossing signs, danger, and
emergency, temporary or non-advertising signs as may be approved by the
City Council or the City Manager or his authorized representative.
4. Signs Inside a Building
Signs located inside a building and which are not displayed so as to be
visible from outside the building. Signs located in covered mall buildings
shall comply with the current building code and electrical code.
5. Changeable Copy
Copy change only for previously permitted signs designed to provide a
changeable copy area.
6. Movement Control Signs
Movement Control Signs may be erected at any occupancy or any lot, other
than single family or duplex premises, may be attached or detached and
may be erected without limits as to number; provided that such signs shall
comply with all other applicable regulations of this Ordinance. Movement
Control Signs shall be premise signs only. The occupant of a premise who
erects a Movement Control Sign shall comply with the following regulations:
a. Each sign must not exceed five (5) square feet in effective area.
b. If a sign is an attached sign, as defined, the words must not exceed six
inches (6") in height.
c. Each sign must convey a bona fide message which directs vehicular or
pedestrian movement within or onto the lot on which the sign is
located.
7. Protective Signs
The occupant of a premise may erect a maximum of two (2) Protective
Signs, in accordance with the following regulations:
a. Each sign must not exceed six (6) square feet in effective area.
b. Detached signs must not exceed three feet (3') in height.
8. Government Signs
Flags, insignia, legal notices, or informational, directional or traffic signs
which are legally required or necessary to the essential functions of
government agencies and decorative displays for holidays or public
demonstrations which do not contain advertising and are not used as such.
9. Holiday Lights and Decorations
Temporary lights and holiday decorations displayed ninety (90) days or less
shall be exempt from the terms of this ordinance.
10. Non-Illuminated Political Signs
CITY OF WYLIE SIGN REGULATIONS Page 9
a. With the permission of the property owner or tenant, non-illuminated
political signs may be erected in any zoning district with no limitation as
to their number. On lots where a sidewalk exists within the street right-
of-way, signs shall be located between the sidewalk and the structure -
but no closer than three feet (3') from the sidewalk. On lots where no
sidewalk exists within the street right-of-way, the sign shall be located
at least ten feet (10') from the edge of the street.
b. Political Signs that are located on developed residential property or in
a developed subdivision zoned Residential shall not exceed nine (9)
square feet in effective area per side.
c. Signs erected on property zoned Non-Residential or undeveloped
residentially zoned property shall not exceed thirty-two (32) square feet
in effective area per side.
d. Political Signs shall not exceed six feet (6') in height.
e. Political Signs shall not be placed within the public right-of-way (except
as allowed in Section 9).
f. The candidate, his campaign treasurer or assistant campaign treasurer
or the campaign treasurer of a political committee shall be responsible
for the erection and removal of the Political Signs or advertisements
and for compliance with the provisions of this Ordinance and the laws
of the State of Texas.
g. Political Signs shall not be affixed to utility poles or official signs (e.g.
street signs or speed limit signs).
h. Political Signs shall not be erected earlier than thirty (30) days prior to
the election that the sign pertains and must be removed within fourteen
(14) days after the election.
11. Special Event or Public Announcement Signs
Signs providing public information concerning special events, bazaars,
rallies, or other similar activities sponsored by non-profit organizations
including charitable, religious, philanthropic, educational, or civic institutions
with the following regulations:
a. Signs must be located on private property and the organization must
have permission from the property owner to place the sign on their
property. (Signs of this type can be off-premise signs and are exempt
from Section 4 (h)).
b. The maximum sign area is thirty-two (32) square feet.
c. The maximum height is six feet (6').
d. A maximum of six (6) off-premise signs in the City advertising the non-
profit organization function.
CITY OF WYLIE SIGN REGULATIONS Page 10
e. The advertised function must occur within the corporate limits of the
City of Wylie, its ETJ, or an adjacent municipality and be sponsored by
a non-profit organization located within the City of Wylie.
f. Signs shall not be located on a residential premise.
G. Prohibited Signs
Any sign which is not specifically permitted by this Ordinance shall be prohibited.
The following types of signs are expressly prohibited within the City of Wylie:
1. Signs that imitate traffic signs or emergency signs. Signs may not contain
any combination of forms, words, colors, or lights, which imitate standard
public traffic regulatory, emergency signs, or signals.
2. Portable signs unless specifically allowed by this ordinance (see Section 4.
E.).
3. Signs erected in violation of any ordinance adopted by the City of Wylie or
any state or federal law. (e.g. traffic visibility requirements, zoning, building
code, or electrical code).
4. Signs attached to, painted or maintained upon any tree or public utility pole
or public utility structure.
5. Signs attached to or painted on any sidewalk, curb, gutter, or street (except
street address numbers).
6. Signs that move, flash light intermittently, change color or revolve, unless
specifically allowed in this Ordinance.
7. Pole signs and flag poles unless specifically allowed by this Ordinance (see
Sections 4. A., 7. E. and 8. A.).
8. Off-Premise signs (except for signs allowed under Sections 3. F. 9. and 11.).
9. Signs attached to or painted on the outside of a fence, wall or railing (except
for signs allowed under Section 3. F. 1.).
Exception: Signs identifying the manufacturer of a fence or similar product,
provided that the sign does not exceed 11/2 square feet.
10. Signs located within a street median, e.g. subdivision signs.
11. Signs illuminated to an intensity to cause glare or brightness to a degree
that could constitute a safety hazard or nuisance.
12. Signs attached to a vehicle advertising the sale of the vehicle where the
vehicle is parked in such a way that the sign informs or attracts the attention
of persons using the public right-of-way. Vehicles legally parked at one
location, with for sale signs visible from the right-of-way for two (2) hours or
more, shall be prima facie evidence of non-compliance with this Section.
Exception: A maximum of two (2) vehicles may b e parked a t the vehicle
owner's residence, or on the street adjacent to the residence
advertising, the sale of the vehicles provided that the vehicles
are registered to the person residing at the residence.
CITY OF WYLIE SIGN REGULATIONS Page 11
13. Signs placed on or affixed to vehicles and/or trailers that are parked on a
public right-of-way, public property, or private property so as to be visible
from a public right-of-way where the apparent purpose is to advertise a
product or direct people to a business or activity located on the same or
nearby property shall be prohibited. However, this is not in any way
intended to prohibit signs placed on or affixed to vehicles and trailers, such
as lettering on motor vehicles, where the sign is incidental to the primary use
of the vehicle or trailer.
H. Inspection
The City may inspect annually, or at such other times as he deems necessary,
each sign regulated by this Ordinance for the purpose of ascertaining whether
the same complies with provisions of this Ordinance, is secure or insecure,
whether it still serves a useful purpose, and whether it is in need of removal or
repair.
Removal of Obsolete Signs
Any sign which the City determines no longer serves a bona fide use or does not
conform to this Ordinance shall be removed by the owner, agent or person
having the beneficial use of the land, buildings or structure upon which the sign is
located within ten (10) days after written notification to do so from the City.
J. Removal or Repair of Dilapidated or Deteriorated Signs
If the C ity s hall d etermine t hat a ny s ign exists i n a d ilapidated o r d eteriorated
condition, or is a menace to the public, he shall give written notice to the person
or persons responsible for the sign. The permit holder, owner, agent or person
having the beneficial use of the premises shall remove or repair the sign within
ten (10) days after the notice. The City may remove or have removed, without
notice, and assess the owner for the costs, any sign which is an immediate peril
to persons or property.
K. Removal of Illegally Erected Signs
Any temporary sign that is erected, constructed or otherwise displayed, which the
City determines to be in violation of this Ordinance, may be removed by City
personnel. Any such sign removed by City personnel may be held for a period of
seventy-two (72) hours and upon expiration of the time may be disposed. The
City is not required to notify the permit holder or owner of the sign that it has
been picked up or that disposal of the sign is imminent.
For permanent signs, the sign must be removed by the permit holder, owner of
the sign, or owner of the property on which the sign is located within a
reasonable time period as determined by the City. Upon failure to comply with
the notice or to file an appeal of the decision in accordance with this Ordinance,
the City is authorized to cause the removal of the sign and assess the permit
holder, owner of the sign and/or owner of the property for the costs of removal.
CITY OF WYLIE SIGN REGULATIONS Page 12
L. Removal Expenses
Any sign required to be removed by the City, s hall b e removed by the permit
holder, sign owner, or property owner within ten (10) days after written
notification to do so. Upon failure to comply with the notice, the City is may enter
upon the property upon which the sign is located, and to cause the removal of
the sign. The owner of the land, building or structure to which the sign is attached
and upon which it is erected and the owner of the sign and the holder of the sign
permit are jointly and severally liable for any expense incident to removal.
M. Appeals
Appeals to the provisions of this Ordinance shall be heard by the Zoning Board of
Adjustment. A simple majority vote of the board in favor of the variance will be
required to approve any variance request. No proof of hardship is required in
order for the Zoning Board of Adjustment to grant any variance. If considering a
variance request, the Zoning Board of Adjustment shall also comply with the
following:
1. The Board shall consider as criteria for granting a variance such factors as
the type of sign, the location, existence of signs in the general area, and
such other factors as they deem pertinent.
2. No variance shall be granted by the Board if the same conflicts with the spirit
of this Ordinance, which is one of providing public safety, adequate lighting
provisions, open space and air, conservation of land, protection of property
values, and encouraging the highest and best use of the land.
3. In considering the request for variation to regulations of this Ordinance, the
Zoning Board of Adjustment shall consider, but not be limited to,
a. the degree of variance,
b. the reason for variance requested,
c. the location of the variance request,
d. the duration of the requested variance,
e. the effect on public safety,
f. the protection of neighborhood property,
g. the degree of property hardship or injustice involved, and
h. the effect of the variance on the stated purposes for regulating signs
with the City.
4. The decision of the Zoning Board of Adjustment shall be final.
5. A variance from this Ordinance is valid only if a permit is secured within
ninety (90) days from the date of the Board's decision.
CITY OF WYLIE SIGN REGULATIONS Page 13
4. GENERAL SIGN REGULATIONS
A. Flags
All flags shall conform to the following regulations:
1. Nothing in this Ordinance shall be construed to prevent the display of the
United States, Texas, County or Wylie flag. No permit or permit fee is
required.
2. Businesses may erect one corporate flag and flag pole, per location, for a
bona fide company or corporate office located within the City of Wylie. A
sign permit and permit fee is required.
a. Setback Requirements - Flag poles must be located at least 15 feet
from any property line.
b. Maximum Height
i. Residential - Twenty-five feet (25')
ii. Commercial - Thirty-five feet (35')
3. No flag or flag pole may be located within any easement.
B. Obscenity
No person shall display on any sign any obscene or indecent matter as defined
by the Texas Penal Code, or any matter soliciting or promoting unlawful conduct.
Any sign which does contain any obscene indecent or immoral matter must be
removed or the obscene, indecent or immoral matter must be removed within
twenty-four (24) hours of notice. The owner or person in control of the property
on which the sign is located shall be responsible for compliance with this Section.
C. Obsolete Signs
All signs relating to a product no longer available for purchase by the public and
all signs relating to a business which has closed or moved away shall be
removed or the advertising copy shall be removed. Painted wall signs shall be
painted over with a color that resembles or matches the wall and does not allow
the sign message to be visible after overpainting. The owner of the property on
which the sign is located shall be responsible to remove the sign within thirty (30)
days of obsolescence.
D. Maintenance of Signs
All signs shall be maintained in good condition. Signs which are damaged in any
way, rusty or have peeling paint do not meet minimum maintenance criteria and
shall be brought into compliance, or the sign must be removed, no later than the
tenth (10th) day after written notice of such violation is sent to the property owner
via certified mail. The owner of the property on which the sign is located shall be
responsible for compliance with this subsection.
E. Signs Held by Pedestrians
Any sign held or carried by a person must be located at least four feet (4') from
the street pavement of any right-of-way.
CITY OF WYLIE SIGN REGULATIONS Page 14
F. Wind Pressure and Dead Load Requirements
All signs shall be designed and constructed to withstand a wind pressure of not
less than 30 pounds per square foot of area, and shall be constructed to receive
dead loads as required by the building code of the City of Wylie.
G. Obstructing Doors, Windows, or Fire Escapes
It shall be unlawful to erect, relocate, or maintain a sign in any manner that
prevents free ingress to or egress from any door, window or fire escape, or to
attach any sign to a standpipe or fire escape.
H. Placement of Advertising Matter
1. No person shall place on or suspend from any building, light fixture, pole,
structure, sidewalk, parkway, driveway or parking area, any goods, wares,
merchandise or other advertising object or structure for the purpose of
advertising such items other than a sign, as defined, regulated and
prescribed by this Ordinance, except as otherwise allowed by this Ordinance
or another ordinance.
2. No person, firm, corporation or association of persons shall paste, stick,
tack, nail or otherwise place any advertisement, handbill, placard, printed,
pictured or written matter or thing for political advertising or other advertising
purposes upon any fence, railing, sidewalk or public telephone, electric or
other utility pole, or any other public property, including trees thereon or to
knowingly cause or to permit the same to be done for his benefit.
3. It shall be unlawful for any person to scatter or throw any handbills, circulars,
cards, tear sheets or any other advertising device of any description, along
or upon any street or sidewalk in the City of Wylie.
Signs Prohibited On or Over Public Property
No portion of any sign shall be erected on or over public property, or in the right-
of-way o f a ny thoroughfare within the C ity, unless the same i s e rected b y the
City, or with the permission of the City for public purposes, except for Projecting
Signs in the Downtown Historic District meeting regulations in Section 5. E or as
provided by Section 9.
J. Illumination of Signs
1. No sign shall be illuminated to such an intensity or in such a manner as to
cause a glare or brightness to a degree that it constitutes a hazard or
nuisance.
2. Moving, flashing, changing color, beacons, revolving or similarly constructed
signs shall not be allowed, except for electronic signs showing time and
temperature.
3. Sign illumination may only alternate on and off at a rate equal to or less than
twice an hour, excluding time and temperature signs.
4. A sign in a residential district, where allowed by this Ordinance, may be
illuminated. Any illumination shall be located so as not to produce intense
glare or direct illumination across the bounding property line. Internal
CITY OF WYLIE SIGN REGULATIONS Page 15
illumination shall not exceed 40 watts per every 25 square feet or any
portion thereof of the sign face.
K. Searchlights
Searchlights may be permitted in accordance with any applicable regulations. A
permit for use of an advertising searchlight may be granted under the following
additional regulations:
1. A searchlight shall be located a minimum distance of 50 feet from a public
right-of-way and positioned so as to project all beams at a minimum angle of
30 degrees from grade level.
2. The maximum light intensity generated by searchlights on any premises
may not exceed a total of 1.6 million foot candlepower. No more than four
beams of light may be projected from any premises.
3. All searchlights must be designed and maintained so as to prevent beam
rays of light from being directed at any portion of the rights-of-way or
adjoining property, and no light shall be of such intensity or brilliance to
cause glare to or impair the vision of the driver of any vehicle, or to create
greater than 0.5 foot candles at 4 feet height at the property line.
4. No advertising searchlight may be operated between the hours of 11:00
p.m. and 7:00 a.m.
5. No advertising searchlight may be operated on a premises for more than
seven consecutive days. No permit for an advertising searchlight may be
issued for any business entity for which a permit has been issued for a
searchlight on the same premises within the six months preceding the date
of the permit application.
CITY OF WYLIE SIGN REGULATIONS Page 16
5. ATTACHED SIGN REGULATIONS
Unless otherwise specifically provided, the regulations set forth in this Section shall be
applicable to all attached signs that are allowed under this Ordinance. All signs and
their words shall be mounted parallel to the building surface to which they are attached,
and shall project no more than twelve inches (12") from that surface, except for
Projecting and Marquee signs as allowed in Sections 5. E., and 5. F. Wall signs shall
not extend above the wall or building surface to which the sign is attached. Banner
signs shall not be utilized as permanent wall signs.
A. Maximum Sign Area
1. Attached signs shall not exceed the following area schedules:
a. An attached sign located at a height of thirty-six feet (36') or less is
limited to 0.75 square feet of sign area for each lineal foot of building
frontage for a single tenant building, or lease space frontage in a
multiple tenant building, not to exceed three hundred (300) square feet.
b. An attached sign located above a height of thirty-six feet (36') shall be
permitted an increase in maximum effective area. Such increases
shall not exceed four (4) square feet in effective area for each
additional one foot (1') of height above thirty-six feet (36') measured
from the base of the sign. Signs may be increased hereunder to a
maximum size of four hundred (400) square feet.
c. Attached signs may be located on any facade except for signs located
on the side or rear wall of a building where the sign would face an
adjacent residential zoning district. The sum of the effective area of all
attached signs shall not exceed the allowable effective area specified
in paragraphs a. or b. above, whichever paragraph is applicable.
B. Illumination of Attached Signs
Attached Signs may only be illuminated utilizing internal lighting. Exterior letters
with exposed neon lighting are allowed.
C. Window Signs
Window signs do not require a permit or a permit fee. Window Signs must meet
the following regulations.
1. Window Signs must not obscure more than 25 percent of the window area
per facade.
2. The sign area shall be measured by drawing a rectangular or square box
around the sign elements, then multiplying the height by the width. For
signs whose shape is irregular, the box must enclose all elements of the
sign.
3. No illuminated Window Signs shall be allowed within two feet of the window
surface, except for open / closed signs.
CITY OF WYLIE SIGN REGULATIONS Page 17
D. Awning Signs
Awning Sign means any awning displaying a business name or logo. Awning
Signs must meet the following regulations.
1. An Awning may extend the full length of the wall of the building to which it is
attached and shall be no more than six feet in height and shall not be placed
less than 8 feet above the sidewalk.
2. Artwork or copy on Awning Signs shall be limited to a business name and/or
logo.
3. The artwork or copy for an Awning Sign shall not exceed 20 percent of the
area of the Awning and shall extend for no more than 60 percent of the
length of the Awning.
E. Projecting Signs
Projecting Signs means any sign, except an Awning, which projects
perpendicularly from a building and which has one end attached to a building or
other permanent structure. Projecting Signs must meet the following regulations.
1. Allowed only in the Downtown Historic District (DTH)
2. The maximum sign area for a Projecting Sign is 4 square feet per sign face.
Projecting Signs may not project more than 3 feet, measured from the
building face and shall not be closer than two feet from the back of the curb
line.
3. The height of the Projecting Sign must be at least 12 feet above the
sidewalk.
4. Projecting Signs shall be compatible in design, shape, and material with the
architectural and historic character of the building they project from.
F. Marquee Signs
Marquee Sign means any permanent structure which is attached to and
supported by a building and which projects outward from the building and
contains lettering or graphics which convey a message. Marquee Signs must
meet the following regulations.
1. Allowed only in the Downtown Historic District (DTH).
2. Marquee Signs shall be built as an integral part of the marquee and shall be
constructed of incombustible material.
3. Marquee Signs shall be limited to 50 percent of the area of the vertical
surface of each face of the marquee.
4. The marquee on which Marquee Signs are attached shall not have a vertical
height of more than six feet nor exceed 75 percent of the width of the
building or store frontage.
5. The Marquee shall be at least 8 feet above the sidewalk.
6. Marquee Signs may be illuminated.
CITY OF WYLIE SIGN REGULATIONS Page 18
7. Marquee Signs shall be compatible in design, shape, and material with the
architectural and historic character of the building.
G. Canopy Sign
Canopy Sign means any canopy displaying a business name or logo. Canopy
Signs must meet the following regulations.
1. A Canopy Sign may be attached to, or be an integral part of the face of a
canopy.
2. A Canopy Sign may consist of only the name and/or logo of the business at
the location of the canopy.
3. The artwork or copy on a Canopy Sign shall not exceed ten percent of the
face of the canopy, or a maximum of twenty-five (25) square feet, whichever
is greater.
4. An illuminated stripe may be incorporated into a canopy. The stripe may
extend along the entire length of the face of the canopy. The width or
thickness of the stripe shall be limited to one-third of the vertical dimension
of the face of the canopy. The internal illumination of a canopy is limited to
the portions of the canopy face on which a sign or stripe is permitted.
CITY OF WYLIE SIGN REGULATIONS Page 19
6. MONUMENT SIGN REGULATIONS
All Monument Signs shall be compatible with the colors and materials of the building
that is located on the same lot as the sign. Sculpted aluminum sign panels will be
allowed; however, plastic panel signs are not allowed to be utilized on Monument Signs.
Additional monument sign regulations are as follows:
A. Properties with Multiple Tenants
Shopping centers and office buildings with multiple tenants are permitted to erect
Monument Signs that comply with the following regulations:
1. Maximum size - 150 square feet
2. Maximum height - 10 feet measured from grade.
3. Setbacks
a. 15 feet from street right-of-way.
b. 40 feet from property lines other than those property lines fronting the
street right-of-way.
c. 250 feet from any other Monument Sign on the same property,
measured along the right-of-way.
4. Changeable Message Signs. Monument Signs may include a maximum
area of thirty-two (32) square feet that incorporates changeable messages
or lettering, as defined, in the sign face. Such messages shall not blink,
flash, scroll or change more than once per hour with the exception of signs
that only display the time and temperature.
B. Properties with Single Tenants
Businesses located on individually platted land including individual pad sites
within a shopping center are permitted to erect Monument Signs that comply with
the following regulations:
1. Maximum size - 90 square feet
2. Maximum height - 10 feet
3. Setbacks
a. 15 feet from street right-of-way.
b. 40 feet from property lines other than those property lines fronting the
street right-of-way.
c. 250 feet from any other monument sign on the same property,
measured along the right-of-way.
4. Changeable Message Signs. Signs may include a maximum area of thirty-
two (32) square feet that incorporates changeable messages or lettering, as
defined, in the sign face. Such messages shall not blink, flash, scroll or
CITY OF WYLIE SIGN REGULATIONS Page 20
change more than once per hour with the exception of signs that only
display the time and temperature.
C. Gasoline Pricing Signs
1. Gasoline Pricing Signs reflecting the price of gasoline available for purchase
on the premises must be a Monument Sign.
2. The Gasoline Pricing Sign must be integral to the permitted sign for the site,
subject to the following limitations:
a. The pricing display may not scroll, flash, or change more frequently
than once a day.
b. The pricing display may not exceed two-thirds of the gross sign area
per sign face.
c. Only one pricing display is allowed per site.
d. Internal illumination may be used for the pricing display only.
3. Maximum size — 90 square feet
4. Maximum height— 10 feet
5. Setbacks
a. 15 feet from street right-of-way.
b. 40 feet from property lines other than those property lines fronting the
street right-of-way.
D. Material Regulations
All Monument Sign bases shall be constructed of the same material as the front
building facade on the same site or shall be compatible in design with stone or
brick. The Sign Support must be constructed or covered with the same masonry
material as the principal building, or stone, or brick. Sculpted aluminum sign
panels will be allowed. All sign text and graphic elements shall be limited to a
minimum of six inches from the outer limits of the sign structure.
E. Illumination
Monument Signs shall be illuminated by a ground lighting source where the light
itself and supporting structure are screened from public right-of-way, except,
signs with sculpted aluminum panels, cut-out letters, or other type of raised
lettering may be back lit using internal lighting.
F. Model Home Signs
Model Home Sign means a temporary Real Estate Sign identifying a
homebuilder's model home open for inspection. Model Home Signs are subject to
the following regulations:
1. Model Home Signs require a permit and may be erected in residential
zoning districts on the same lot as the model home.
2. Each builder in a subdivision may have one Model Home Sign for each
model home and the permit for each sign shall be granted for a period of
CITY OF WYLIE SIGN REGULATIONS Page 21
time to coincide with the validity of the model home's certificate of
occupancy.
3. Model Home Signs shall be Ground or Monument Signs.
4. The maximum height of a Model Home Sign shall not exceed four (4)feet
from the grade.
5. The maximum area of the sign face shall not exceed eight (8) square feet.
6. Required setback shall be fifty percent (50%) of the distance between the
front property line and the building, but no less than ten feet from the front
property line.
CITY OF WYLIE SIGN REGULATIONS Page 22
7. OTHER TYPES OF SIGNS
This Section provides standards for specific types of permanent signs permitted by this
Ordinance.
A. Menu Board Signs
Menu Board Signs must meet the following regulations:
1. Menu Board Signs may be Attached or Monument Signs.
2. The maximum height is six (6) feet.
3. The maximum sign area is twenty-four (24) square feet. Only one sign face
is allowed per sign.
4. All Menu Board Signs shall be located at the side or rear of the principal
building. If two signs are erected they must be at least eighteen feet apart.
5. Internal illumination may be utilized for the sign panel.
6. Any sign must be located at least fifteen feet (15') from any property line.
B. Subdivision Entry Signs
Subdivision Entry Sign means any permanent on-site sign identifying a
subdivision located in a residential zoning district. Subdivision Entry Signs must
meet the following regulations.
1. Subdivision Entry Signs may be attached to a wall at the subdivision
entrance or on a Monument Sign.
2. Attached Signs may not project above the top of the wall on which they are
attached.
3. The maximum sign area is thirty-two (32) square feet for Attached Signs.
4. Only one Monument Sign or two attached signs may be placed at each
subdivision entrance. A Monument Sign may have the subdivision name on
both sides.
5. Monument Signs may be located in the median at the street entrance if
approved by the City in an approved plan, within the developer's agreement,
or by separate application.
C. Directory Signs
Directory sign means a permanent on-site sign identifying the buildings in the
development or providing information on their location. Directory signs must meet
the following regulations.
1. Directory Signs may be either Attached or Monument Signs.
2. Directory Signs must be located a safe distance from the entry drive and the
public right-of-way as determined by the City's engineer.
3. Only one Directory Sign is allowed per street entrance.
CITY OF WYLIE SIGN REGULATIONS Page 23
D. Institutional Signs
Institutional Sign means a permanent on-site sign used to identify governmental
and municipal agencies, public schools, churches, or similar public institutions,
and used to communicate messages of public importance to the general public.
Institutional Signs must meet the following regulations.
1. Institutional Signs may be Attached and/or Monument Signs.
2. Institutional Signs may include a reader board, subject to the following
limitations:
a. Reader board must be integral to the permitted sign for the site;
b. Messages on the reader board, whether electronic or manual, may not
scroll, flash, or change more frequently than once a day;
c. Manual reader boards using movable lettering must have a lockable
covering;
d. The reader board display cannot exceed two-thirds of the gross sign
area per sign face, excluding a Monument Sign border.
e. Internal illumination may be utilized for the reader board sign panel.
E. Pole Signs F" a. 1;) 1, ° r
Pole signs are prohibited within the City/of Wylie except within the area identified
in Section 7.E.1. below.
1. Location. Pole Signs shall only be allowed for businesses fronting State
Highway 78. Pole Signs must be located within fifty feet (50') of the right-of-
way of State Highway 78.
2. Lot Frontage. Lots containing a Pole Sign must have at least seventy-five
feet (75') of continuous frontage along State Highway 78.
3. Properties with Multiple Tenants.
Shopping centers and office buildings with multiple tenants, are permitted to
erect a maximum of two (2) Pole Signs. Each sign shall comply with the
following regulations:
a. Maximum size - 100 square feet
b. Maximum height - 25 feet
c. Clearance - Eight and one-half feet (8.5')from the adjacent street curb
level to the bottom of the sign.
d. Setbacks -
(i) at least eight feet (8') from the ultimate street right-of-way, but in
no case less than fifteen feet (15') from the adjacent curb.
(ii) thirty feet (30') from property lines other than those property lines
fronting the street right-of-way.
(iii) two hundred fifty feet (250') from any other Monument Sign or
Pole Sign on the same property.
CITY OF WYLIE SIGN REGULATIONS Page 24
4. Properties with Single Tenants.
Businesses located on individually platted land including individual pad sites
within a shopping center are permitted to erect one (1) Pole Sign. Pole
Signs shall comply with the following regulations:
a. Maximum size - 60 square feet
b. Maximum height - 20 feet
c. Clearance - Eight and one-half feet (8.5') from the adjacent street curb
level to the bottom of the sign.
d. Setbacks —
(i) at least eight feet (8') from the ultimate street right-of-way, but in
no case less than fifteen feet (15') from the adjacent curb.
(ii) thirty feet (30') from property lines other than those property lines
fronting the street right-of-way.
(iii) two hundred fifty feet (250') from any other Monument Sign or
Pole Sign on the same property.
5. Sign Design. All Pole Signs must be supported by two (2) vertical supports
located at the outer extremities of the sign face. No single Pole Signs shall
be permitted.
6. Sign Material. All vertical structural supports (poles) shall meet the wind
pressure and dead load requirements contained herein. No wooden vertical
structural supports (poles) shall be allowed.
7. Changeable Message Signs. Pole Signs may include a maximum area of
thirty-two (32) square feet that incorporates changeable messages or
lettering, as defined, in the sign face. Such messages shall not blink, flash,
scroll or change more than once per hour with the exception of signs that
only display the time and temperature.
CITY OF WYLIE SIGN REGULATIONS Page 25
8. TEMPORARY SIGN REGULATIONS
A. Development Signs
Development Signs are allowed subject to the following regulations:
1. Development Signs require a temporary sign permit and may be erected in
nonresidential and residential zoning districts
2. Development Signs must be related only to the property on which they are
located. They may be Monument or Pole Signs provided that a minimum of
two vertical sign supports are utilized.
3. Maximum height of a Development Sign shall be 15 feet.
4. Required setback for a Development Sign shall be 30 feet or the required
building line if less than 30 feet.
5. The maximum sign area per sign face shall not exceed sixty (60) square
feet.
6. Each development site may have one such sign for each 50 acres under
active development.
7. A Development Sign must be removed when the project is 90 percent
complete. In the case of a commercial project, 90 percent complete means
when a certificate of occupancy is issued for a shell building. For a
residential project, 90 percent complete means when 90 percent of the lots
in the subdivision have received building permits.
B. Real Estate Sign
Real Estate Signs are subject to the following regulations.
1. Real Estate Signs may be erected in nonresidential and residential zoning
districts and shall not require a permit.
2. Real Estate Signs may be Attached, Monument or Ground Signs.
3. The maximum sign area shall not exceed nine (9) square feet and a
maximum height of four feet (4') for property located in a Residential Zoning
District. Signs located in a Non-Residential Zoning District shall not exceed
thirty-two (32) square feet in sign area and ten feet (10') in height.
4. Real Estate Signs shall be set back at least eight feet from front property
line.
5. Real Estate Signs are limited to one per street front.
6. A Real Estate Sign shall be removed upon the sale or lease of the property.
C. Promotional Signage
Businesses that erect signs under the provisions of this Section shall not display
a sign that states "Going out of Business", "Quitting Business" or similar message
more than one time. Promotional Signs are subject to the following regulations.
CITY OF WYLIE SIGN REGULATIONS Page 26
1. All Promotional Signage requires a permit. A maximum of two (2) permits
are allowed for each calendar year. A separate permit is required for each
two-week period Promotional Signage will be used. Promotional signs will
be considered as a group and not as each individual sign, streamer, banner,
etc.
2. Promotional Signage may include flags, pennants, streamers, balloons,
inflatable signs, and any legal signs allowed by this Ordinance. Additionally,
a maximum of two (2) banners is allowed, in addition to flags, pennants,
streamers, balloons, inflatable or other promotional signage per permit.
3. Promotional Signage is allowed for two, two-week periods each calendar
year per legal business subject to the following:
a. A two-week period will commence on the first day Promotional Signage
is displayed.
b. The two two-week periods shall not occur in the same or consecutive
months.
c. A legal business shall include any commercial, industrial, or
institutional use for which the building inspection department has
issued a certificate of occupancy.
d. In the case of a special promotion for a grand opening celebration, one
period may be extended to a three-week period provided the promotion
commences within the first three months of the date of issuance of a
certificate of occupancy and the grand opening is limited to the
address noted on the certificate of occupancy.
EXCEPTION: A business that is in its initial year of operation is allowed to
extend the time promotional signs are displayed, one time, from two weeks
to 30 days.
4. Any device described as Promotional Signage shall not exceed an overall
height of 25 feet.
5. The following setbacks apply. However, the setbacks may be increased for
any Promotional Signage found by the City to block traffic visibility or
constitute a traffic hazard.
a. 15 feet from street right-of-way.
b. 40 feet from property lines other than those property lines fronting the
street right-of-way.
c. 250 feet from any other monument sign on the same property,
measured along the right-of-way.
CITY OF WYLIE SIGN REGULATIONS Page 27
9. SIGNS LOCATED IN THE CITY RIGHT-OF-WAY
Any sign permitted by this Ordinance may be erected within the public right-of-way
(unless otherwise prohibited by municipal, county, state or federal law) provided that the
following conditions are met:
A. Permits.
No sign may be erected within a right-of-way until a permit has been obtained
and the proper permit fee paid. No sign shall be placed on private property or in
the right-of-way adjacent to developed private property without the private
property owner's written consent. Any permit issued for a sign in the right-of-way
shall expire on December 31 of each calendar year and a new permit is required.
B. Time Limitations
Signs shall be placed within the right-of-way only between the hours of noon
(12:00 p.m.) Friday and 9:00 p.m. Sunday.
C. Location
Signs located in the right-of-way shall comply with the following location
regulations.
1. Signs shall not be placed within any median.
2. Signs must be a minimum of five feet (5')from the adjacent edge of curb or
pavement, which includes improved surfaces and shoulders.
3. Signs shall not be placed within fifty feet (50') of any street intersection or
within twenty-five feet (25') of any alley or curb cut. Additionally, no sign
may be placed within any defined visibility triangle or in any manner that
may obstruct traffic visibility.
4. Signs shall not encroach upon or obstruct any designated sidewalk or
pedestrian way.
5. Signs shall not be placed within a right-of-way that is adjacent to a dwelling
premises.
D. Size
Signs located within the right-of-way shall not exceed six (6) square feet.
E. Height
Signs located within the right-of-way shall not exceed a total height of three feet
(3').
F. Number of Signs
The maximum number of permits that shall be issued to any one person,
company, builder, entity, group or corporation, or any of the foregoing that are
associated or related, for signs located in the right-of-way is twenty (20). For
example, a company is limited to 20 right-of-way permits. A company may not
send multiple employees to get 20 right-of-way permits each.
CITY OF WYLIE SIGN REGULATIONS Page 28
G. Sign Placement Vehicles
Any vehicle used during the installation and removal of signs must have one (1)
revolving amber strobe light that is visible at five-hundred feet (500') in the
daylight on top of the vehicle and one (1) revolving amber strobe light that is
visible at five-hundred feet (500') in the daylight on the rear of any trailer being
used in addition to vehicle and trailer flashers. The lights should be used only
when slowing down or stopping on the roadway. Vehicles shall stop only in the
right hand lane when installing or removing signs with both flashers and amber
lights operating.
H. Tampering with Permit Decals
Any person who knowingly falsifies, tampers with, or reproduces permit decals
for signs located in the right-of-way, or falsifies an affidavit required to obtain a
permit, shall, in addition to the other penalties set forth herein, have all rights to
place or have placed signs in the right-of-way with the City of Wylie revoked for a
twelve (12) month period.
Temporary Banners and Streamers in the Right-of-Way
The Board of Adjustment may grant exceptions to allow banners and streamers
to be placed in the public right-of-way. Approval of such signs shall be on a case
by case basis. Signs of this type shall refer only to civic or non-profit functions
that benefit the community as a whole. Exception requests shall include the size,
number and location of all signs as well as the dates the signs will be placed
within the right-of-way. Any change in size, location, number or date of
placement must be approved by the Board of Adjustments. No fee shall be
required to request an exception of this type from the Board of Adjustments.
J. Removal of Unpermitted Signs
Unpermitted signs, or signs in violation of this Ordinance, may be immediately
removed from the right-of-way. Signs may be disposed of as set forth in Section
3.K. above.
CITY OF WYLIE SIGN REGULATIONS Page 29
WYLIE CITY COUNCIL
AGENDA ITEM NO.
August 27, 2002
Issue
Consider and at upon the award of a contract for the construction of the Rush Creek Force Main to
Texas Electric Utility Construction in the amount of$442,001.43.
Background
The 1999 Bond program identified the reconstruction of the Rush Creek Lift Station southeast of the
existing location and the construction of a new sewer force main to the Twin Lakes Lift Station.
Construction of the new lift station is nearing completion and the installation of the force main will
complete the project. The bids included 2,713 linear feet of 36-inch gravity sewer and 4,760 linear
feet of 18-inch force main.
On August 9, 2002 a total of thirteen(13)bids were opened for the project. Texas Electric Utility
Construction submitted the low bid in the amount of$442,001.43. The references for the contractor
have been contacted and nothing would indicate that they are incapable of fulfilling the requirements
of the contract.
Financial Considerations
The lift station construction was funded through the 1999 Bond and the FY 2002 budget. The Rush
Creek project was included in the most recent impact fee update and .= : : be used for the
construction of the force main. The current sewer impact fe .T •
Other Considerations y I b4lDct
The solicitation of competitive sealed bids was conducted in accordance with Chapter 252.021 of the
Texas Local Government Code.
Staff Recommendations
Staff recommends that Council award a contract to Texas Electric Utility Construction to provide all
equipment, labor and materials for the construction of the Rush Creek force main.
Attachments
Recommendation Letter from The Hogan Corporation
Bid Summary
Prepared by Reviewed by Finance City Manager Approval
Issue
Consider and act upon issues surrounding the creation of Reinvestment Zone No. 4 and
the approval of a Tax Abatement Agreement between the City of Wylie and Carlisle
Coatings & Waterproofing, Inc.
Background
On May 10, 2000, the City of Wylie and Wylie Economic Development Corporation
(WEDC) met with Carlisle officials to discuss expansion of Carlisle facilities at their
current location on F.M. 544. Based upon the vision of a more retail oriented area, staff
encouraged Carlisle to relocate and expand all operations to Premier Business Park. At
that time, the WEDC had 8.035 acres remaining within the Park with Carlisle ultimately
constructing a 106,000 square foot manufacturing facility with combined operations from
California, Oklahoma, and Wylie.
Carlisle's investment in the site has been $4.9 million in real property improvements and
$1 million in personal property relocation from the above listed Carlisle locations. The
final piece of the relocation package negotiated with Carlisle is the consideration of the
attached 80%, 5-year tax abatement. Preceding the abatement has been the negotiation of
an 8.035 acre conveyance to Carlisle by the WEDC and a relocation assistance package,
both paid out over a five year period.
Shown as Exhibit "A" to the Ordinance designating Reinvestment Zone No. 4 is the Tax
Abatement Agreement between the City of Wylie and Carlisle Coatings &
Waterproofing, Inc. In summary, the WEDC is recommending a 5-year tax abatement at
80% per year. The City of Wylie Economic Development Incentives guidelines, as
provided, allows for a 400% tax abatement over a 5-year period for newly created value
in excess of$3,000,000. As indicated above, Carlisle is committing to added new value
of at least $4,800,000 in each year of the abatement.
Financial Consideration
The City will be foregoing revenue that would have otherwise been collected had an
abatement not been considered. On the 2001 notice of appraised value, excluding land,
Carlisle's location on F.M. 544 was valued at $588,849. Carlisle's investment in the
Wylie community has increased by 731% with their new facility on Hensley. The
remaining property at the 544 location, including land, is valued at $1.18 million on the
2002 tax roles.
The following is an analysis of the revenue which will be abated/generated using the
2001 - 2002 tax rates. Please note that the breakeven point is slightly higher than most
WEDC projects. However, the Carlisle project not only promotes new industrial
investment, but also encourages the redevelopment of the old Carlisle site on 544.
Carlisle Coatings & Waterproofing, Inc.
Real Property= $4,893,852
Business Personal Property (beginning year 2)= $1,000,000
Existing Value= $437,491
Year Additional Taxes Abated Taxes Generated
Taxable Value City of Wylie WISD
2002 $4,893,852 $28,384 $10,268 $83,702
2003 5,893,852 34,184 11,718 99,402
2004 6634,184 11,718 99,402
2005 6434,184 11,718 99,402
2006 34,184 11,718 99,402
Total $165,120 $57,140 $481,310
Abated Taxes $165,120
WEDC Property(8.035 acres) 175,002
Relocation Expenses (5-year package) 250,000
Total Incentive Package $590,122
Breakeven Point 5.3 years
Revenue generated by the Wylie Independent School District was used in determining a
breakeven point due to the community wide effort made by the City of Wylie and WEDC
in their economic development efforts.
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends that the Wylie City Council approves an Ordinance designating
Reinvestment Zone No. 4 further approving a Tax Abatement Agreement between the
City of Wylie and Carlisle Coatings & Waterproofing, Inc.
Attachment
Tax Abatement Agreement
Issue
Hold a public hearing to allow the public presentation of evidence for or against the
creation of Reinvestment Zone No. 4.
Background
City of Wylie and Wylie Economic Development Corporation (WEDC) staff has been
working with Carlisle Coatings & Waterproofing, Inc. representatives to develop a tax
abatement package to assist with the expansion of Carlisle's Wylie operations. In order
to offer a tax abatement to any business entity, the lead taxing entity (the City of Wylie)
must first create a reinvestment zone. A reinvestment zone may be almost any shape or
size. However, such zone must be contiguous and must include some portion of the
earth's surface. The designation of the reinvestment zone must be preceded by a public
hearing to allow any interested person to speak and present evidence for or against the
designation of the reinvestment zone. Seven days written notice of the hearing must be
given to the presiding officer of each other taxing unit that has taxing jurisdicti-
real property within the zone. Notice of the hearing must also be published a` ~
days before the hearing in a newspaper of general circulation in the r
notification requirements have been met.
At the public hearing on the reinvestment zone, the City of
make several findings. First, the City Council must find that ti.'
are feasible and are of benefit to the zone after the expiration of the
agreement. Additionally, the City Council must find that the desigi is
reasonably likely to contribute to the retention or expansion of prima _dent or
attract major investment in the zone.
If the zone designation is approved, the designation lasts for five years and may be
' -' successive periods of up to five years. The term of the tax abatement
inue for up to ten years, even if the reinvestment zone is not renewed
year term.
rations
Other Consiu,.ations
N/A
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends that the Wylie City Council hold a public hearing to allow for the
public presentation of evidence for or against the designation of Reinvest Zone No. 4 in
anticipation of consideration of a tax abatement agreement between the City of Wylie and
Carlisle Coatings & Waterproofing, Inc.
Attachment
Property Description, Carlisle Coatings & Waterproofing, Inc.
Issue
Consider and act upon issues surrounding the adoption of guidelines and criteria for the
provision of tax abatements.
Background
As per the Texas Tax Code Section 312, each taxing unit that wants to consider tax
abatement proposals must adopt a resolution indicating its intent to participate in tax
abatement. The resolution does not bind the government to grant approval of any
proposed agreements. The resolution must be adopted at an open meeting by a simple
majority. Furthermore, each taxing unit must adopt tax abatement guidelines and criteria.
The guidelines and criteria, as provided as Exhibit "A" to the attached resolution, are a
set of conditions that any tax abatement proposal must meet in order to be eligible for tax
abatement by the taxing unit.
The attached guidelines were originally approved by the Wylie City Council on July 13,
1993 and renewed on June 13, 2000. While the requirements proposed continue to meet
the economic objectives of the City of Wylie economic development program, the Sunset
Provision in place requires a renewal of these guidelines every two years.
Financial Consideration
N/A
Other Consideration
N/A
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends that the Wylie City Council approve a resolution adopting guidelines
and criteria for the provision of tax abatements.
Attachment
Resolution
Economic Development Incentives Guidelines and Criteria
WYLIE CITY COUNCIL
AGENDA ITEM NO.
Tuesday, August 27, 2002
Issue
Consider and act upon an ordinance to increase water utility rates sufficient to pass through the
wholesale price increase from the North Texas Municipal Water District.
Background
The City of Wylie currently purchases water from the North Texas Municipal Water District(NTMWD)
at $.80 per thousand gallons. NTMWD notified the City on July 26, 2002 that the rate would be
increased to $.87 per thousand effective on October 1. 2002.
Other Considerations
N/A
Financial Considerations
Attached is a summary of the current and the proposed new utility rates.The seven-cent increase is only
applied against water usage greater than one thousand gallons. There is no increase in minimum water
rates. The 2002-03 fiscal year increase in revenue is expected to be $50,000. Residential water
customers with an average usage of 8,000 gallons per month will see an increase of approximately$.49
on their water bill. Commercial customers will see an estimated increase of$.98 per month based on
15,000 gallons of consumption. This rate increase will be effective on October 1, 2002 and will first
appear on customers' bills in November 2002.
Board/Commission Recommendation
N/A
Staff Recommendation
The staff recommends approval of the water rate increase, as presented in this ordinance, to become
effective October 1, 2002 and to first appear on bills dated November 1, 2002 and later.
Attachments
Summary of Utility Rates
Letter from North Texas Municipal Water District
Proposed Ordinance
Prepared By Reviewed by Finance City Manager Approval
Prepared by Reviewed by Finance City Manager Approval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING WATER
RATES FOR THE CITY OF WYLIE, AMENDING SECTION 1.02 OF APPENDIX
A OF THE WYLIE CITY CODE (THEREBY AMENDING ORDINANCE 98-16)
REPEALING PORTIONS OF ALL CONFLICTING ORDINANCES:
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the North Texas Municipal District has increased its
wholesale water rate from $.80 per thousand gallons to $.87 per thousand
gallons effective October 1, 2002; and
WHEREAS, the City desires to raise the charges for water services
provided by the City so as to pass along the wholesale water increase to its
customers;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, as follows,
SECTION 1
The Section 1.02 of Appendix C to the Code of Ordinance of the City of Wylie,
Texas, is hereby amended by deleting the existing section, in its entirety and
substituting the following therefore:
(a) The following monthly water rates, shall apply to all RESIDENTIAL
customers within the corporate limits of the City of Wylie, Texas:
(1)Monthly minimum Charge for first 1,000 gallons of
Metered water consumption $8.90
(2)Volume charge for all consumption exceeding 1,000
gallons (1,000 gallons)
-1,001 to 2,000 (per 1,000) $2.07
- Over 2,000 gallons (per 1,000 gallons) $2.80
Ordinance No.
Page 2
(b) The following monthly water rates shall apply to all COMMERCIAL
customers, (other than apartments, mobile homes parks and other multi-unit
dwellings not individually metered) within the corporate limits of the City of
Wylie, Texas:
(1) Monthly minimum charge for first 1,000 gallons of
metered water consumption $12.15
(2) Volume charge for all consumption exceeding 1,000
gallons (per 1,000 gallons)
-1,001 to 2,000 gallons (per 1,000) $2.17
-Over 2,000 gallons (per 1,000) $2.80
(c) The following water rates shall apply to all APARTMENTS, MOBILE HOMES
PARKS, and OTHER MULTI-UNIT DWELLINGS, not individually metered,
within the corporate limits of the City of Wylie, Texas:
(1)Monthly minimum charge for first 1,000 gallons of
metered water consumption $12.15
(2)Volume charge for all consumption exceeding 1,000
gallons (per 1,000 gallons)
-1,001 to 2,000 gallons (per 1,000) $2.10
-Over 2,000 gallons (per 1,000) $2.80
(3) An additional charge of $4.00 per occupied unit, with occupancy being
determined as of the fifth day of the month preceding the billing.
(d) The monthly water charge for any customers (residential, commercial,
apartment, mobile home park, or other multi-unit dwelling not individually
metered) located outside the corporate limits of the City of Wylie, Texas shall
be at the rate of one hundred fifteen percent (115%) of the rate charged
customers inside the corporate limits of the City.
(e) Any bulk water customer who desires to withdraw water from a hydrant or
other source not metered and charged directly to them shall fill out a water
application form and sign the form in the same manner as a regular metered
customer. Bulk water rate charges are to be charged in 25-gallon increments
at the same rates as the commercial customers.
Ordinance No.
Page 3
SECTION II
The rates herein imposed shall be effective for all water usage occurring after
September 30,2002.
SECTION III
Should any paragraph, sentence, subdivision, clause, phrase or section of the
ordinance be adjusted or held to be unconstitutional, illegal or invalid the same
shall not affect the validity of this ordinance as a whole or any part or provision
thereof, other than the part or parts as declared to invalid, illegal, or
unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and after its adoption by the
City Council and publication of its caption as the law and the City Charter provide
in such cases.
SECTION V
That all ordinances and code provisions in conflict or consistency are hereby
repealed and all other provisions of the Wylie City Code not in conflict herewith
shall remain in full force and effect.
Passed and Approved this day of ,2002
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
AGENDA COMMUNICATION Date received by
REQUEST FORM City Secretary:
Submission for the council meeting of August 27,
2002.
CONSENT/ACTION ITEM ORIGINATING DEPARTMENT: Finance.
Circle one
Agenda Communication Submitted by: Brady Snellgrove on_08/20/02.
Financial Considerations Prepared by:
Financial Considerations Reviewed by: on_/_/_
ALL AGENDA COMMUNICATION REQUESTS MUST BE RECEIVED BY THE CITY
SECRETARY'S OFFICE IN ACCORDANCE WITH THE SUBMITTAL DEADLINE
SCHEDULE. Agenda Communication Request Forms must include the signature of the
Finance Director prior to delivery to the City Secretary. After review, the City Secretary
will forward to the City Manager.
ISSUE:
Conduct a public hearing on the proposed tax rate for fiscal year 2002-2003 and provide
taxpayers an opportunity to express their views on the tax rate. At the end of the hearing,
the City Council must set and announce the date, time and place of the meeting at which it
will vote on the final proposed tax rate.
ATTACHMENTS:
"Notice of Public Hearing on Tax Increase"published August 21,2002, in the Wylie News
"2002 Property Tax Rates in the City of Wylie"published August 7, 2002, in the Wylie News
2002 Planning Calendar from the "Truth in Taxation" guide
COMMENTS:
WYLIE CITY COUNCIL
AGENDA ITEM NO.
August 27, 2002
Issue
Conduct a public hearing on the proposed tax rate for fiscal year 2002-2003 and provide taxpayers an
opportunity to express their views on the tax rate. At the end of the hearing,the City Council must set
and announce the date,time and place of the meeting at which it will vote on the final proposed tax rate.
Background
In accordance with the "Truth in Taxation" laws of the State of Texas, on August 15, 2002, the City
Council took a roll call vote on the proposed tax rate and scheduled a public hearing on the tax rate for
August 27, 2002. The results of the record vote on the proposed tax rate and the notice of the public
hearing were published in the Wylie News on August 21,2002. This public hearing has been advertised
in compliance with the publication requirements set forth in the Truth in Taxation Law.
The purpose of the public hearing on August 27,2002,is to give the taxpayers an opportunity to express
their views on the tax rate. The City Council may not adopt the tax rate at this hearing. Instead, at the
end of the hearing,it must set and announce the date,time and place of the meeting at which it will vote
on the final proposed tax rate. The second public hearing will be on September 10,2002,to vote on the
final tax rate. After the August 27, 2002, meeting and before the meeting scheduled for the final tax
vote, the City Council must publish a second quarter-page notice, "Notice of Vote on Tax Rate."
The official detailed effective tax rate calculations are available in the office of the Collin County
Tax Assessor/Collector(Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance
Department for the Council and public to view.
Financial Considerations
The proposed budget is based on the proposed tax rate of$0.71.5 per$100 valuation. This is the rate
previously discussed by the Council. Any change in the proposed tax rate will require revision of the
proposed budget.
Other Considerations
The City is required by law to follow certain meeting and notice(publication) guidelines as shown on
the attached calendar excerpt from the "Truth in Taxation" guide.
Staff Recommendation
It is recommended that the City Council schedule the next required public hearing on the tax rate for
September 10, 2002, after the close of the public hearing.
Attachments
"Notice of Public Hearing on Tax Increase"published August 21, 2002, in the Wylie News
"2002 Property Tax Rates in the City of Wylie"published August 7, 2002, in the Wylie News
2002 Planning Calendar from the "Truth in Taxation" guide
Prepared by Reviewed by Finance City Manager Approval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NUMBERS 2001-12 AND 98-16, SECTION 1 AND APPENDIX
C OF WYLIE'S CODE OF ORDINANCES, SECTION 2.00
"CONSTRUCTION PERMITS AND FEES"; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
City of Wylie,Texas ("Wylie")to amend Ordinance No. 2001-12, Section 1 and Appendix C
of Wylie's Code of Ordinances, Section 2.00 "Construction Permits and Fees"; and
WHEREAS, the Wylie Construction Board and the Building Official for Wylie have
reviewed the Fee Schedule for Construction Permits and Fees and recommend a revision of the
same by the City Council.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance No. 2001-12, Section 1 and Appendix C of
Wvlie's Code of Ordinances, Section 2.00 "Construction Permits and Fees". Wylie Ordinance
No. 2001-12, Section 1 and Section 2.00 "Construction Permits and Fees" of Appendix C of Wylie's
Code of Ordinances are hereby amended to read as follows:
"§ 2.00 Construction Permits and Fees
§ 2.01 Building, Plumbing, Mechanical and Electrical Permit Fees
When a building, plumbing, mechanical or electrical permit is required by the
Building, Plumbing, Mechanical or Electrical code adopted by the City of Wylie, the
following fees shall be assessed:
EXCEPTION: Permit fees shall not be required when the permit is for a
building owned and occupied by a public agency.
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 1
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(a) New Single-Family Fees (including duplexes)
$700.00 + 10 cents a square foot.
(1) A non-refundable plan review deposit of fifty dollars ($50.00)
is due at time of plan submittal. The plan review deposit will
be applied toward the cost of the building permit only if the
building permit fee is paid within 6 months of the date the plan
was submitted for review.
(b) New Multi-Family Fees (3 attached units or more)
$250.00 per unit
(1) A non-refundable plan review deposit equal to 10% of the
permit fee is due at time of plan submittal. The plan review
deposit will be applied toward the cost of the building permit
only if the building permit fee is paid within 6 months of the
date the plan was submitted for review.
(c) New Commercial Fees
(1) Building Permit Fees for New Construction
a. $200.00 + 8 cents a square foot
b. Fees for tenant finish out and shell buildings will be
75% of the above fees.
c. A non-refundable plan review deposit equal to 50% of
the building permit fee is due at the time of plan
submittal. The plan review deposit will be applied
toward the cost of the building permit only if the
building permit fee is paid within 6 months of the date
the plan wa$ submitted for review.
(2) Plumbing, Mechanical and Electrical fees for New
Construction(Each)
a. $50.00+ 3 cents a square foot
b. Fees for tenant finish out and shell buildings
will be 75% of the above fees.
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 2
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(d) Fees for Additions, Alterations, Repairs, Demolition, Screening
Walls, Retaining Walls and Accessory Buildings.
The following fees shall be charged for small construction jobs
involving additions, alterations and repairs. Larger projects that
involve substantial work shall be charged as new construction at the
sole discretion of the Building Officiu.
Value of Construction Permit Fee
$0.00 to $2,500.00 $50.00
$2,500.01 to $5,000.00 $60.00
$5,000.01 to $10,000.00 $75.00
$10,000.01 to $25,000.00 $100.00
$25,000.01 to $50,000.00 $150.00
$50,000.01 to $100,000.00 $225.00
$100,000.01 or more $300.00 for the first$100,000.00
+ $50.00 for each $50,000.00
or fraction thereof.
§ 2.02 Miscellaneous Fees
Any activity listed below shall be charged the following fee associated with the
activity:
Certificate of Occupancy $50.00
(only charged when no permit issued for new construction)
Temporary Certificate of Occupancy $100.00
(charged for all temporary certificates of occupancy)
Fence Permit $40.00
In-ground swimming pool $300.00
Spa or above-ground pool $100.00
Lawn Sprinkler $50.00
Tent $50.00
Construction trailer $75.00
Drive Approach $50.00 per approach
Sidewalk $50.00 per lot
Structure Moving Permit $75.0C
(Any structure moved through or into the City of Wylie that exceeds 25G square feet)
Additional Plan Review $50.00 per hour-Minimum one hour
Appeal to the Construction Board $150.00
Duplicate Building Permit $10.00
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 3
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§ 2.02 Miscellaneous Fees-continued
Change Contractor on Issued Permit $10.00 per contractor
Re-stamp Plans $50.00 per hour—Minimum one hour
Sign Permit $75.00
Promotional Signs $40.00
R.O.W. Signs $75.00 per calendar year
§ 2.03 Registration and License Fees
General, Plumbing, Mechanical, Electrical and Irrigation contractors shall not be
eligible to receive a permit within the City of Wylie until they have registered with the
City as a contractor and paid the following fee. Fees shall be paid annually and
registration will be valid from January 1 through December 31. Registrations
received and fees paid between December 1 and December 31 of any calendar year
shall be valid from that date until December 31 of the following calendar year.
General Contractor $100.00
Plumbing Contractor $100.00
Mechanical Contractor $100.00
Irrigation Contractor $100.00
Backflow Tester $100.00
Pool Contractor $100.00
Fence Contractor $100.00
Electrical Contractor $100.00
Master Electrician $25.00
Journeyman Electrician $10.00
Residential Specialist $10.00
Master Sign Electrician $25.00
Journeyman Sign Electrician $10.00
§ 2.04 Inspection Fees
Fees for the associated inspection activities are as follows:
Reinspection Fee $50.00
After Hours Inspection $50.00
per hour/minimum 2 hrs
Special Inspection $50.00
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 4
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§ 2.05 Engineering Inspection Fees
Each project shall be charged an engineering inspec::on fee. The fee shall be three
percent (3%) of the City's estimate of the cost of the public work utilities and streets
of new construction which are to be dedicated to the City of Wylie as well as private
commercial parking areas. Such items shall include, but not be limited to: street
paving, storm drainage, water mains, sewer mains, commercial parking areas and
other items designated for conveyance to the city after completion of improvements
through the process of public dedication. These fees shall be paid prior to the start
of construction."
SECTION 2: Penalty Provision. Any person, firm, corporation or business entity violating
this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject
to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation
relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which
the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00).
Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the
violation. Wylie retains all legal rights and remedies avaiiable to it pursuant to local, state and federal
law.
SECTION 3: Savings/Repealing Clause. Ordinance No. 2001-12 shall remain in full force
and effect except as amended by this or any other ordinance. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall
not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force and
effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that,any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 5
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PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of
, 2002.
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
DATE(S)OF PUBLICATION:
ORDINANCE AMENDING NO.2001-12(CONSTRUCTION PERMITS AND FEES)-Page 6
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