01-13-1987 (City Council) Agenda Packet AGENDA
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, JANUARY 13, 1987
7 :00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS
1 1-17 Consider approval of minutes.
2 Consider appointments to fill two
vacancies on the Planning & Zoning
Commission.
PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS
3 Conduct PUBLIC HEARING on the
assessment of property owners for
the proposed street reconstruction
on S. Birmingham between S. Ballard
and Kirby Streets.
4 Conduct PUBLIC HEARING on the
assessment of property owners for
the proposed street reconstruction
on Stone Street between S. Ballard
and S. Birmingham Streets.
5 18-25 Consider approval of Ordinance
establishing the assessment of
property owners for a portion of
the cost of street reconstruction
on S. Birmingham Street between S.
Ballard and Kirby Streets; and
Stone St. between S. Ballard and S.
Birmingham.
6 Conduct PUBLIC HEARING on a
proposed increase in water and
sewer rates for City of Wylie
utility customers.
7 26-31 Consider approval of Ordinance
establishing new rates for water
and sewer customers for the City of
Wylie.
8 32-33 Consider approval of Amendment to
Ordinance #84-12 , adjusting fees
charged for Mechanical Permits by
the City of Wylie.
9 34-35 Consider approval of ordinance
prohibiting delivery or use of
volatile substances such as
intoxicants or inhalants within the
corporate limits of the City.
10 35-37 Consider approval of ordinance
controlling the discharge of
firearms and other weapons within
the corporate limits of the City.
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ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
11 38-44 Consider approval of amendment to
insert Zoning Ordinance for the City
establishing use regulations in
commercial zoning categories.
12 45-46 Consider approval of ordinance
establishing "No Parking" on W.
Park Blvd. (now known as McMillan
Road) and McCreary Road.
13 47-56 Consider approval of ordinance
establishing regulations for
businesses serving alcholic
beverages on the premises within
the corporate limits of the City.
14 57-69 Consider approval of ordinance
establishing regulations for the
erection of signs within the
corporate limits of the City.
15 70-72 Consider approval of ordinance
establishing regulations for multi-
unit or multi-story buildings
( i .e. , condominiums or motels) .
GENERAL DISCUSSION
16 73 Presentation by citizen to
"consider quality of trash pick-up
and attitude of person in charge of
trash pick-up at City Hall" .
(Agenda request item D. Lynes. )
17 Citizen Participation.
NEW BUSINESS
18 Consider authorization to seek bids
on new ambulance for City.
19 74-76 Consider award of bid for piping,
insert valves, fittings, accessories,
concrete and sand for construction
of a water service line extension
in Lake Ranch Estates.
20 74-76 Consider award of bid for
insert construction materials for sludge
drying beds at the wastwater
treatment plant.
21 74-76 Consider award of bid for materials
insert to be used in the construction of
meter vault and pump house at
Nortex Ground Storage Tank site.
22 77-82 Consider award of bid for Suburban
to be used by the Fire Dept.
23 83-87 Consider acceptance of right-of-way
dedication on Vinson Road from
Roger Finholt - Lake Ray Hubbard
Mobile Home Park.
24 88 Consider acceptance of public
improvements in Rustic Oaks IV
Addition, Phase I .
2
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
25 Consider approval of land use plan.
GENERAL DISCUSSION
26 Council Discussion.
FINANCIAL CONSIDERATIONS
27 Consider increase in pay for City
Engineer.
28 ADJOURN
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AGENDA SUMMARY
CITY COUNCIL
TUESDAY, JANUARY 13, 1987
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NO. 2 - APPOINTMENTS TO P&Z - There are two vacancies
on the Planning & Zoning Commission for you to consider for
appointment.
ITEM NOS. 3 & 4 - CONDUCT PUBLIC HEARINGS ON STREET
ASSESSMENTS - These public hearings are as presecribed by
State statute. Notification has been made to the impacted
property owners by way of three notifications in the Wylie
News (the first at least 21 days before the date of the
hearing) and letters to each individual property owner. The
streets concerned are S. Birmingham between S. Ballard
Street and Kirby St. ; and Stone Street between S. Ballard
and S. Birmingham.
ITEM NO. 5 - APPROVE ORDINANCE ESTABLISHING ASSESSMENT FOR
RECONSTRUCTION OF STREETS NAMED ABOVE - This ordinance was
created from one suggested by our City Attorney, altered
only in the specific sections that are unique to Wylie. Mr.
Jackson has reviewed and approved the City' s ordinance.
ITEM NO. 6 - CONDUCT PUBLIC HEARING ON WATER/SEWER RATES
This public hearing is as required by State statute.
Notification has been made by way of the Wylie News .
ITEM NO. 7 - APPROVE ORDINANCE ESTABLISHING NEW RATES FOR
WATER/SEWER CUSTOMERS - There are actually two ordinances
included in your packet for your consideration. Each one
reflects a different rate for water/sewer service. Mr.
Johnson, Director of Finance, will be present for any
questions you may have and to make his recommendation.
ITEM NO. 8 - AMENDMENT TO FEE SCHEDULE ADJUSTING FEES FOR
MECHANICAL PERMITS - The present fee schedule was set to
recover the cost of inspections on smaller projects. It has
been brought to our attention that , when applied to larger
projects or commercial work, the fee becomes larger than can
be justified. We feel that the proposed amendment will
provide an equitable solution.
ITEM NO. 9 - APPROVE ORDINANCE PROHIBITING DELIVERY OR USE
OF VOLATILE SUBSTANCES WITHIN THE CITY - The use of
intoxicating inhalants is not covered by State law. We have
discussed this matter with the Chief of Police and the
present ordinance, as presented to you, has his endorsement.
ITEM NO. 10 - APPROVE ORDINANCE TO CONTROL DISCHARGE OF
FIREARMS - This ordinance is one that has been missing from
the City' s statutes. Up to this point, the only tool the
Police Department had for controlling the discharge of
firearms or other weapons within the City limits was an
ordinance dealing with disturbing the peace. This ordinance
will provide a better, more definitive tool for the control
of such activity within the City.
ITEM NO. 11 - APPROVE AMENDMENT TO ZONING ORDINANCE
CONCERNING USE REGULATIONS IN COMMERCIAL ZONINGS - This
ordinance is recommended to you for approval by the Planning
& Zoning Commission. The Commission reviewed the existing
use regulations provided in the various commercial zoning
designations and made some changes, in order to have a
tighter control on development of commercial areas.
Included as an insert in your packet is a computer printout
showing a side-by-side overview of the permitted uses in
1
each category. Staff members will be present to answer any
questions you may have.
ITEM NO. 12 - APPROVAL OF ORDINANCE ESTABLISHING "NO
PARKING" ZONES ON PARK AND MCCREARY - This ordinance has
been prepared by the staff as a direct response to the
presentation made to you at the last meeting by Mr . Burge of
Southfork. You will notice that the staff has not
designated specific portions of either street for "No
Parking" . It is the opinion of the staff that future
development along both these streets, Park (McMillan) and
McCreary, will make "No Parking" along the entire length of
the thoroughfares appropriate.
ITEM NO. 13 - APPROVE "PRIVATE CLUB" ORDINANCE - Included in
your packet are copies of two separate ordinances. One
ordinance, as researched and prepared by staff is included
showing hand mark-ups , where changes by P&Z have been
recommended . A second ordinance is included, as amended by
P&Z . We are offering this ordinance as a free-standing
ordinance rather than as an amendment to the Zoning
Ordinance due to the fact that if we pursue our original
intent of it being and amendment to the Zoning Ordinance,
existing clubs at the time of annexation would be
"grandfathered" . We are offering an addition to require
these clubs to come into compliance within a ninety (90) day
or three (3) month period. Staff members will be present
to answer your questions.
ITEM NO. 14 - APPROVE "SIGN" ORDINANCE - What is presented
to you is an ordinance that was considered several years
ago, notations made and then no further action taken until
the P&Z reviewed and made changes. The ordinance, in its
amended form, is recommended for approval by the P&Z .
ITEM NO. 15 - APPROVE "CONDO" ORDINANCE - This ordinance
will establish some guidelines for developers wishing to
apply for PD classification in order to build multi-story
condominiums or motels. The P&Z reviewed this ordinance at
their last meeting and what is presented to you is
recommended by P&Z for approval . (Their recommended changes
have been incorporated into this ordinance. )
ITEM NO. 16 - PRESENTATION BY D. LYNES - Mr . Lynes had a
problem with trash pick up at his place of business. His
problem was taken care of , with the aid of the City staff;
however, Mr . Lynes wishes to present to you his grievance
concerning the quality of service from BFI and what he
considers to be an "attitude" of the City staff .
ITEM NO. 17 - CITIZEN PARTICIPATION - Not an appropriate
area for staff comment .
ITEM NO. 18 - AUTHORIZATION TO SEEK BIDS FOR NEW AMBULANCE
This is a budgeted item; however , as the cost will be in
excess of $5000 we need your authorization to seek bids.
ITEM NO. 19 - AWARD BID ON MATERIALS FOR CONSTRUCTION OF
WATERLINE EXTENSION TO LAKE RANCH ESTATES - A memo from the
City Engineer regarding Item Nos. 19-21 is included in your
packet on pages 74-76. Also included, as an insert, are the
work sheets on the items as bid. The City Engineer' s
recommendations are included in this memo.
ITEM NO. 20 - AWARD BID FOR CONSTRUCTION MATERIALS FOR
SLUDGE DRYING BEDS - No additional comments.
ITEM NO. 21 - AWARD BID FOR MATERIALS FOR CONSTRUCTION OF
METER VAULT AND PUMP HOUSE AT NORTEX TANK SITE - No
additional comments.
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ITEM NO. 22 - AWARD BID FOR SUBURBAN FOR FIRE DEPT - The
summary of the bids received are included in your packet.
It is the recommendation of James Johnson, Director of
Finance, that the City accept the Lakeside Chevrolet
alternate bid with an automotic transmission of $13 ,847 .27
with a spare tire added at a cost of $299 .20 for a total of
$14 ,146 .47 . The Fire Chief has looked at the bids and
stated that this bid was acceptable. Delivery time is six
to eight weeks.
ITEM NO. 23 - ACCEPT R.O.W. DEDICATION FROM LAKE RAY HUBBARD
MOBILE HOME PARK - This dedication is for the south half of
Vinson Road west of the present phase I of the Lake Ray
Hubbard Mobile Home Park. Our purpose is to secure the
r.o.w. and provide land on which the proposed 12 inch
offsite water line will be built . The Engineering
Department recommends acceptance of the dedication by the
City.
ITEM NO. 24 - ACCEPTANCE OF DEDICATION OF PUBLIC
IMPROVEMENTS IN RUSTIC OAKS IV, PHASE I - The Engineering
Department has made their inspections and tests and have
declared all areas "all good" . Their recommendation is for
acceptance. However, we have been contacted by one of the
suppliers to the developer who was threatening to place a
lien against these improvements for lack of payment. Unless
payment has been made and no lien has been filed against
this property, the City cannot accept the dedication. Staff
will have information the night of the meeting as to whether
or not we have received written notification that the
payment has been made, thus, clearing the City for
acceptance of these improvements.
ITEM NO. 25 - APPROVE LAND USE PLAN - We regret that it is
impossible to include anything in your packet for your
study; however , it is too cumbersome for us to be able to
copy, even in sections. The P&Z worked over this in
collaboration with the City staff over a long period of time
and has approved and recommended this land use plan for your
official adoption. What , in fact , you are approving is the
"official" land use map which is hanging both in the Council
Chambers and in the Code Enforcement Department. They are
kept updated and are exact duplicates of each other.
Following your action, the map will have a small paragraph
superimposed on it that states that this plan has been
officially adopted.
ITEM NO. 26 COUNCIL DISCUSSION - Not an approrpiate area for
staff comment.
ITEM 27 - CONSIDER INCREASE IN PAY FOR CITY ENGINEER - I
will make an oral presentation on the night of the meeting
concerning this matter. However, in brief, let me say that
Mr . Santry works for the City of Wylie on an hourly rate
contractual basis. That rate is set at $18 .00 per hour
gross with the deductions and other things being handled by
Mr. Santry. He receives no additional City benefits,
normally associated with City employment. His rate has been
at this figure for approximately one year and four months,
with no increase. Mr . Santry is the Council' s employee in
the same way that I am and Mr. Jackson is; thus, someone
must stand up and remind the Council from time to time that
they should consider an increase for individuals such as
this. I am prepared to do so on Mr . Santry' s behalf. A 5%
increase similar to those granted to other City employees
would raise him to $19 .00 ; however , you should remember that
Mr. Santry did not receive an increase last year. Thus, I
would recommend, for your consideration, an increase to
$20.00 per hour . It is my opinion that even at $20 .00 per
hour , we are stealing Mr . Santry' s services. He is an
exceptional engineer and particularly well qualified in the
areas of most concern to the City of Wylie. We would have
3
been hard pressed to have done so well in engineering over
the last few years, were we not the benefactors of his
service. I do not expect that Mr. Santry will forever want
to continue the pace at which he is working, but his
experience as a teacher is developing our Asst. City
Engineer very well . I would like to suggest that the
Council not only whole heartedly support this increase, but
possibly take the time, at the meeting, to publicly commend
Mr . Santry for a job well done.
4
CITY COUNCIL MEETING
MINUTES
DECEMBER 23, 1986
7:00 P. M.
The Wylie City Council met in regular session on Tuesday,
December 23, 1986 at 7: 00 P. M. in the Wylie Community Room.
A quorum was present and notice of the meeting had been
posted for the time and in the manner required by law.
Those present were Mayor Chuck Trimble, Councilmembers
William Martin, Calvin Westerhof , Sandra Donovan and Kent
Crane, City Manager Gus Pappas, City Secretary Carolyn
Jones, Code Enforcement Officers Roy Faires, Finance
Director James Johnson, David Medanich of First Southwest, a
representative of the Wylie News and citizens. Mayor Pro
Tem Fulgham was out of town.
Mayor Trimble called the meeting to order and Councilwoman
Donovan gave the invocation.
APPROVAL OF MINUTES: The minutes being submitted are for
the November 10th, 11th, 13th, 18th, and 25th meetings.
Motion was made by Councilwoman Donovan to approve the
November 11th, 13th, and 25th as submitted and to correct
the November 18th minutes as following:
" In conclusion it is my understanding that the City
Charter of the City of Wylie and the laws of this state
require that all of the expenses of a recall effort are to
be borne by the petitioner' s committee and not the
taxpayers. Before this council votes on whether or not this
Recall Petition should be placed on the ballot, I think the
following questions should be answered.
1 . Who is going to pay for the recall election if one
is held? The taxpayers or the petitioners committee?
2. Our City Attorney has been required to give legal
advice on this recall matter and should his fees for this
advice be paid by the taxpayers or the petitioner' s
committee?
3. The City Manager, the City Secretary and the City
Manager' s Secretary have all spent substantial amounts of
time in various aspects of this recall effort and should the
petitioners committee reimburse the taxpayers for the time
they spent during their regular office hours on any part of
this recall matter?
I ask you as my fellow City Council Members for the City of
Wylie to vote no on the issue of placing this recall
election on the ballot because the charges even if they were
true, which they are not, simply do not justify a recall
vote.
If you choose to vote to place this matter on the ballot it
will not effect my willingness to work with you as members
of this Council for the betterment of the City. However, I
do intend to pursue this matter as far as it is necessary
including courts, because I believe that the principle
involved is well worth the effort required to continue the
fight . Thank you very much for your kind attention. "
Councilwoman Donovan also corrected Mayor Pro Tem Fulgham
statements as follows:
" Mayor Pro Tem Fulgham said regarding attorney' s fees:
all the thousands of dollars of attorney fees that have been
caused by you, Sandra Donovan, over the last months since
April that have been unnecessary. ''
/
/
Councilwoman Donovan also corrected the statement of Mr.
Nichols, Attorney, as follows:
"Mr. Nichols said concerning the expenses, "my opinion
right now is the expenses be paid for by the City, subject
to checking tomorrow. "
Councilwoman Donovan also corrected Mayor Pro Tem Fulgham as
follows:
"Mayor Pro Tem Fulgham said to Mr. Nichols, that
citizens may petition the district court to have election
called. "
Seconded by Councilman Westerhof . The vote was as follows:
Mayor Trimble - in favor, Councilman Westerhof - in favor,
Councilman Martin - no, Councilman Crane no, and
Councilwoman Donovan - in favor. There was no decision on
this motion with a vote of 3 in favor and 2 against.
After much discussion, a motion was made by Councilman Crane
to approve the November 10th, 11th, 13th, 25th minutes as
submitted and approve the November 18th with the above
corrections by Councilwoman Donovan. Seconded by Councilman
Martin. The vote was as follows: Mayor Trimble - in favor,
Councilman Westerhof - in favor, Councilman Martin in
favor, Councilman Crane - in favor, and Councilwoman Donovan
- against. This motion carried with four (4) in favor and
one ( 1 ) against.
APPROVAL OF ANNEXATION ORDINANCE FOR 629. 31 ACRES OUT OF THE
CDLLIN COUNTY ABSTRACT 688:
This property is located north of the Texana property on E.
SH78. All of the public hearings required by law have been
held and the 20 day waiting period has been satisfied.
Motion was made by Councilman Martin to approve and sign
annexation ordinance for 629. 31 acres out of the Francisco
de la Pina Survey, Collin County Abstract 688. Seconded by
Councilman Westerhof . The vote was as follows: Mayor
Trimble in favor, Councilman Westerhof - in favor,
Councilman Martin - in favor, Councilman Crane - in favor,
and Councilwoman Donovan - in favor. This motion carried
with all in favor.
APPROVAL OF ANNEXATION DRIINANCE 1:::'OR_279. 0574 ACRES OUT Or::-
THE FRANCIQ0
DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688:
This property is located along and south of W. Brown Street.
All of the public hearings have been held and the 20 day
waiting period has been satisfied. Motion was made by
Councilman Crane to approve and sign the annexation
ordinance for 079. 0574 acres out of the Francisco de la Pina
Survey, Collin County Abstract 688. Seconded by Councilman
Westerhof . The vote was as follows: Mayor Trimble - in
favor, Councilman Westerhof in favor, Councilman Martin -
in favor, Councilman Crane - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
APPROVAL OF ANNEXATION ORDINANCE FOR 50 ACRES OUT OF THE R.
D. COLLIN COUNTY ABSTRACT 660: This property
is located south of the Louis Reese property and west of
Muddy Creek, north of the Collin/Dallas county line. The
public hearings have been held and the 20 day waiting period
has been satisfied. Motion was made by Councilman Westerhof
to approve and sign annexation ordinance for 50 acres out of
the R. D. Newman Survey, Collin County Abstract 660.
Seconded by Councilman Martin. The vote was as follows:
Mayor Trimble - in favor, Councilman Westerhof - in favor,
Councilman Martin in favor, Councilman Crane - in favor,
and Councilwoman Donovan - in favor. This motion carried
with all in favor.
�
APPROVAL OF AN ES OUT OF THE
J. t1IjQUgLL,2URVEY, ABSTRACT 58 PATTERSON
SURVEY, ABSTRACT 716: This property is bounded on the east
by FM1378 and on the south by Lake Ranch Road. The public
hearings had been held and the 20 day waiting period has
been satisfied. Motion was made by Councilman Martin to
approve and sign the annexation ordinance for 140. 58 acres
out of the J. Mitchell Survey, Abstract 589 and the William
Patterson Survey, Abstract 716. Seconded by Councilman
Westerhof . The vote was as follows: Mayor Trimble in
favor , Councilman Westerhof - in favor, Councilman Martin -
in favor, Councilman Crane - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor .
APPROVAL ANNEXATION F ORDINANCE FOR 256. 993 ACRES OUT O
KS SURVEy,, COLLI�_C{DJNTY ABSTRACT_B49� This
property is located along and north of W. FM544 across from
Steel Industrial Park. The public hearings have been held
and the 20 day waiting period has been satisfied. Motion
was made by Councilman Martin to approve and sign annexation
ordinance for 256. 993 acres out of the M. Sparks Survey,
Collin County Abstract 849. Seconded by Councilwoman
Donovan. The vote was as follows: Mayor Trimble - in
favor, Councilman Westerhof - in favor, Councilman Martin
in favor , Councilman Crane - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
A��ROVAL OF ORDINANCE PROVIDING FOR E
OPERATION FOR PRIVATE CLUBS AS DESCRIBED
CONTROL CODES: City Manager Gus Pappas said it is required
by law for a private club to request the extended hours of
service, the Texas of State Law will not approve the
extended hours unless the City gives it' s okay. The law
allows you to state that you grant this business the right
for extended hours and each time a private club comes in,
they will have to come before you prior to getting the
extension from the State.
Councilwoman Donovan wanted to know if you could omit
"Steaks Over / exas" and just put private clubs granted
permission for extended hours. City Manager Gus Pappas said
yes, but it would be a blanket ordinance to all clubs.
Councilwoman Donovan said if the other clubs wanted extended
hours for New Years, they cannot get on an agenda in time.
Code Enforcement Officer Roy Faires said as long as the City
has a blanket ordinance and one of the clubs gives us
problems, we cannot do anything, but if each club has to get
permission, then the City has control .
Councilman Crane said that Planning and Zoning has been
working on a private club ordinance to keep ones like Steaks
Over Texas and not those like the Key Club. Councilman
Crane would like to see more control .
Councilman Westerhof said he would like more control and
would like each club to come before Council .
Councilman Crane wanted to know what days or is it everyday
they can be open with extended hours. Code Enforcement
Officer Roy Faires said the way the law reads they can stay
open every night until 2 A. M.
Councilman Martin wanted to know if the statement made
earlier was that the State can issue this without the City' s
okay. Code Enforcement Officer Roy Faires said the State
will not grant this permit unless the City sends a copy of
the signed Ordinance approving same.
Mr. Larry Hampton representative for Steaks Over Texas said
the extended hours is mainly to keep the people off the
roads between 11 P. M. and 2 A. M. going to Richardson, Plano
or Rockwall . This will help keep the people inside. We
keep coffee and snacks out. A club is responsible if a
person leaves and has an accident. We are talking about one
hour on Saturday night and two hours on Friday night and
holidays such as New Years Eve.
Motion was made by Councilman Westerhof to approve the
extended hours for Steaks Over Texas. Seconded by
Councilwoman Donovan. The vote was as follows: Mayor
Trimble - in favor, Councilman Westerhof - in favor,
Councilman Martin - in favor, Councilman Crane - in favor,
and Councilwoman Donovan in favor. This motion carried
with all in favor.
CITIZEN PARTICIpAT]I�: Mrs. Olympia Margies of 10 Lucy
Lane. Mr. Mayor and Council Members, Mr. Mayor do you
reside at 204 Rushcreek in Wylie. How long have you been
there. I have records that show you have been there for
over 2 years. In Chapter 3 of the Election Code Handbook
for clerks and judges, it states that the voter must change
his/her address if they move. The name and address have to
be the same as what appears on your voters card, and this
must be the address where you live. One must change their
address within 90 days after you move. If a voter has moved
and has lived there more than 90 days, he must have changed
his address 30 days prior to an election day. I have done
some research and you, Mayor Trimble, are registered in two
precincts, both in precinct 27 and precinct 56. According
to records in Collin County, you are not registered as a
qualified voter, I am putting this information before the
Council .
APPROVAL OF {%ILLIN COUNTY PUBLIC WORKS
IMPROVEMENTS ON COUNTY BRIDGE 31 : The
County wishes to replace the washed out bridge on McMillan
Road and repair the bridge on Troy Road. There is no money
involved for the City, but the city staff wants this and
would ask for your approval . The bridge will be built to
where Wylie can widen it at a later date if needed, and this
would be done by developers in this area. The City staff
has asked Collin County to place this bridge where it will
be in the path of Park Blvd. when it is extended. Staff
recommends approval . Motion was made by Councilwoman
Donovan to approve the improvements on County bridges on
CR298 and CR431 by Collin County Public Works Department .
Seconded by Councilman Martin. The vote was as follows:
Mayor Trimble - in favor, Councilman Westerhof - in favor,
Councilman Martin - in favor, Councilman Crane in favor,
and Councilwoman Donovan - in favor. This motion carried
with all in favor.
APPROVAL O 1378 SOUTHWARD FROM FM2514:
This new speed zone has been requested of us by the State of
Texas and would put a reduced speed zone on this section of
roadway. Motion was made by Councilwoman Donovan to approve
the new speed zone on FM 1378 southward from FM 2514.
Seconded by Councilman Crane. The vote was as follows:
Mayor Trimble - in favor, Councilman Westerhof - in favor,
Councilman Martin - in favor, Councilman Crane in favor,
and Councilwoman Donovan - in favor. This motion carried
with all in favor.
AUTHOR IZATIO N CONSTRUCTION
C[MpANy��_ This request is being made by Dawson Construction
for partial payment on work completed at the Nortex Tank
Site. Payment for this construction comes from the impact
fund and this partial payment is in the amount of
$12, 811 . 50. Dawson Construction has requested a partial
payment of $14, 235. 00, less 10% retainage until job is
completed. Motion was made by Councilman Westerhof to
approve the partial payment in the amount of $12, 811 . 50.
Seconded by Councilman Martin. The vote was as follows:
Mayor Trimble - in favor, Councilman Westerhof - in favor ,
Councilman Martin in favor, Councilman Crane in favor,
and Councilwoman Donovan - in favor. This motion carried
with all in favor.
Mayor Trimble called for a motion to recess the open meeting
and convene into a work shop on the follows:
1 . Staff proposed increases in City water/sewer rates.
2. Staff analysis/recommendations of sanitation rates.
3. Creation of City of Wylie Personal Property Finance
Corporation (First Southwest Co. David Medanich.
4. Matters related to the refunding of the City' s water
and sewer bonds.
Motion was made by Councilman Martin to recess open meeting
and convene into work shop to discuss the above items.
Seconded by Councilman Westerhof . All were in favor.
No. 1 Staff proposed increases_in City wat��/�ewer rates:
Mr. James Johnson, Finance Director, said that staff was
proposing two rate increases for the Council to work with.
In both cases the staff will be requesting a step rate
instead of a flat rate. AT the present time, the more water
a customer uses, the less he has to pay, so the low user is
paying the highest rates. The impact fund may not be able
to handle the capital improvements in the future and staff
would also suggest a study be done on this fund in order for
the City to be able to keep up with the demands on capital
improvements, it may be necessary to increase the impact
fee. It is very important for the utility rate customers to
not have to pay for capital improvements. The system that
is set up is a good one but we might need to look at it for
upgrading. City Manager Bus Pappas said when the impact fee
was set up, it was a known fact that these fees were not
large enough to pay for the capital improvements that would
be needed. The staff and Council at the time thought that
these fees would generate approximately $40, 000. 00 and
anything over that would be passed on to the utility
customers at the time improvements were needed. The Council
can look and study the impact fee and see if they believe it
needs to be upgraded, it has not been studied or raised
since it was adopted several years ago.
Mr. James Johnson said it will be two or three years before
the low impact fee will hit the Council . There is time to
upgrade this fee. Council can look at the impact fee now
and be ready prior to the future getting to us. Council
needs to look at what share they want the developer to pay
and what share they want the utility customers to pay.
Councilwoman Donovan wanted to know how long this study
would take. Mr. Johnson said approximately 90 days.
Councilwoman Donovan wanted to know if taking 90 days for
this study would put us in a bind. Mr. Johnson said no,
this was a separate matter from the water/sewer rates. If
more is put on the developer, then the utility customer will
not have higher rates for capital improvements. This study
will take the information and spread it over the next twenty
(20) years. City Manager Gus Pappas said that the staff can
take the land use plan and work up some figures over this
and give you a report prior to deciding to contract a firm
for a full study. Councilwoman Donovan wanted to know how
much this study would cost. Mr . Johnson said approximately
$20, 000 to $25, 000. City Manager Gus Pappas said that the
staff has not approached any firm, that our staff has a lot
of information to give and if Council so desires, the staff
can contact a firm and asked for an approximate cost for
this type of study. Councilman Martin said when this
impact fund was created, it was done to help the utility
customer from having to pay for capital improvements due to
development. Mr. Johnson said he was not saying that our
impact fund was not good, but that it needed to be studied.
Councilman Martin said we needed to be fair to rate payers
as well as developers. Mr. Johnson said his concern is
that more of the burden is going to fall on the rate payers
and not the developers. Mr. Johnson said he feels the
impact fee needs an additional $50. 00 added to it now.
Councilman Crane said he would not be opposed to a $50. 00
increase. Councilman Crane said he was very much a
supporter of the impact fee.
Mr. Johnson said staff does not like to recommend higher
rates, but we must increase water/sewer rates in order to
keep up our services. Mr. Johnson said rate 1 is 17 1 /2%
increase and will generate $175, 000. more revenue over a
year. This is not the only large rate increase you are
going to see. City Manager Gus Pappas said is there a
possibility given the fact we are given more customers,
would we not have to raise rates next fall . Mr. Johnson
said no, we will still have to raise the rates next fall .
Councilman Crane said what about rate 2. Mr. Johnson said
that rate 2 is what the staff is recommending and you will
still have to look at another rate increase next fall .
Councilwoman Donovan said does this mean that taxes have to
go up. Mr. Johnson said that utility stands alone and if
Wylie does not get the growth than the taxes may have to go
up. Mr. Johnson said these rate increases will support our
level of service now. City Manager Gus Pappas said that
growth has provided us with more tax dollars for adding more
personnel , but if there is no growth, than taxes could go up
in order to up grade our level of service. Councilman
Martin asked if the wastewater treatment plant had been
mentioned. Mr. Johnson said yes, $46, 000. would be put in
reserve for the new wastewater treatment plant. Mr. Johnson
said the one thing that has been done is to restructure the
reserve funds. These funds are invested and can not be
used.
No. 2 Sanitation Rate Study: The rate we now charge is what
was set up when Moore Industrial first contracted for these
services. Moore did file for a rate increase but could not
back up their increase with records. Again in April , 1986
Moore made another rate increase proposal . Mr. Johnson is
now recommending $7. 40 residential rate, Commercial hand
collection up 27% and dumpster rates will increase an
average of 41 . 5% depending on container size and number of
times per week service is rendered.
Councilman Crane wanted to know if it would be better for
the City to go back into this business. Mr. Johnson said
yes, but the figures are much higher. City Manager Gus
Pappas said it would be $9. 00 per residential customer and
this just barely covers the cost for getting back into the
business. The biggest problem is the City does not have a
land fill . Councilman Crane wanted to know if the staff had
discussed the proposed rate increase with BFI . Mr. Johnson
said yes, but he believes that Council should not agree to
the rate increase until BFI/Moore takes care of the issues
of the land fill . City Manager Gus Pappas said that BFI has
said that Moore should put back what they did at the old
land fill . BFI is willing to do the work or give the City
the money to do the work. The second issue is the monies
that Moore was to pay us for the lease of the land fill and
the fee on the road repairs leading up to the land fill '
Councilwoman Donovan wanted to know if we agreed to the
rates, and could this become effective if and when would BFI
clear up the issues of the land fill . City Manager Gus
Pappas said he would have to check with the City Attorney
prior to Council taking that type of action. City Manager
Gus Pappas suggested Council to go ahead and schedule the
public hearing and hold this hearing and by that time, staff
6
. the figures .1 ... ._ .�.:.. �::y , back e
will.!. .l. have all !:.i_1 put t.: the t_. I.��:.ri i:a fill 1. I:_ca:::h:: like I::::: �."::.
... appropriate .._. .
i�:i a},s.^� ,:a l"i{::I what�-!"r. would la E:: steps tz'.1-1!; '!::(+ take in getting
.t._h i+_ land fill back like it was.
No t_•!'•t'a.i..: .+... f ty +r !i .' t+ "_' .L�!1 (::: t._:L �.........t=:_1"._._�:...y_..a.e__ c�r•'.W t_!r"t<:t. t•-'t_ -c.tr.t••,.• Finance
Corporation .1:::i.r"+=>t Southwest Co. , David ci i _ l? : : :
F-iecian:1 c:hi said the creation of City of Wylie Personal
Finance 1•1 F 1 would benefit the: City. appoint
Property Corp r-.:: t:.!"1::� First
c . .
members L:c:i work with contractors trying ._tn.l. equipment,
:L h City Manager will work on selling bonds a r the City
will maintain all titles on all equipment. The City
'+r"esl_nt1.y has oiStSi:ta.nt:f:i.niJ lease purchases and under this new
system, the City can hold the titles to these properties and
at the same t tir get a better interest i•..r;,.'k:.e.. Once '•„'C1,_t "i:: :•`{-,
created the corporation, you are not binding yourself at
all . It can .lust s:i,t there unt.L .1. the City decides -,--1 use
i.t:„ It will allow ytau to use this as bond indebtedness and
..-.. ... .... ._. ... .. s ....
!i t..!k_ <::!•�� +_':;I..,+;�`1'1`.:=.F_�'..: during the+_' 'r•i='c:!1'-„ It will help on{ :_l...f e 't:.c'::t:
Johnson said this N a= similar
to i general obligation
bonds except you do i _ L have to hold an election.
No. 4 Matters related to the refunding of the Ci ' s water
_s; - _ " _..... s s
and C::b�7t=?!. bonds. One the primary reasons for_.._-1t;?t'1 t_`•=,. i t• doing r.i C
future gives..,s ust ability o ..e• _ se City .}i:r`oit1
for the r+_.tk.:+tr`r:: t.aa.'�'r:=.:: _1',r::: t:.�.1 release.t:..'%:ar.::::� thet.:he covenants. If we refinance these and pay all t:he t: l T.i
covenants off. then we . f _ r"P r c . cen start drawing new
covenants
... _ that .. .....modern.
..e ..s.:. s•.:; ... we
t...C":?'.�i=�r�]!at rt��.s:> are i::? i i .�i..I t:'r ,,,. The 1 r�! benefit .I."L'. has.' ]. . that s a
use more accepted practices !._ .. that
...
?..t::ii i•::' modern 7.i...l terms r-i i i:a t._•r' ._., !... proof
that . .o 7 have .. , .�. . to issue bonds.you?... f'1 s:.. r.: L:c: have',:(��� _.._. L _..._.._.__
closed .. .... session ... c .. r.
Mayor Trimble the 1�� work and i... reconvened ... 1::.,
Council into regular session.
AUTHORIZATION TO SET PUBLIC HEARING DATE FOR iWc:;i..i ER/SE_:WiER
RATES L,S, FOR CITY CUSTOMERS:: Motion was made by Councilwoman
Donovan t t s E t t e public hearing date
wi : +or Water/Sewer Rates
f r._r City Customers i"o r:.. January •
1987. Seconded by
Councilman Crane. The vote
{••+;.•+<:=. :::,_-, follows:: I'',a`,-i::?r Trimble .__
. ..... favor,
i l"7 favor, Councilman t�'•�Ez'�c>'t:.i::.r..l.i i::•tr' .L P_I Councilman Martin
- . .. ..... ..... favor,
and Councilwoman
s:aI
.f.l...i favor,�•!r.. i Councilman Crane ].I"1 7'�!�:•�r"'„
Donovan ..... in favor. This motion carried with all in 1 favor.
AUTHORIZATION TO 'SE"i PUBLIC HEARING DATE FOR, SANITATION
made by Councilman Crane to set �: ",1-..�
RATES:', Motion ?t:J is a;
public hearing date for Sanitation Rates
_ _ __ 1` January ,
vote".,v
1987. Seconded !.J"'y' Councilman Martin. The _t w ai+.s_:i: as
follows Mayor . 7 5. _ in favor , Councilman Westerhof
in favor, Councilman Martin _ in favor, Councilman Crane -
in favor, and Councilwoman Donovan in favor. This motion
• favor.
carried with all l .#.f"+
AUTHORIZATION FOR FIRST
: C1LI"i"HWE,..i.. _i 11 PROCEED WITH
PREPARATION C;1::: DOCUMENTS f`'"1 I FOR CITY O11::- N L.1:E_: PERSONAL PROPERTY
FINANCE CORPORATION:: Motion was made to grant authorization
't-or`" First Southwest to proceed tai:l..i_L_i preparation of C:CJ(:::?_killei'"t ::.s
for City of Wylie Personal Property Finance Corporation.
Seconded
_.. 1 ... The
.... vote..,
:�r::'!_.�?r1Ca+s't:i by Councilman Martin.. , hit::' : +_.1t'_re was as follows
. ....
F'IC:a y!..1r"' Trimble in favor, Councilman t%:ies._;f.r•r-!t_?._ -. in favor,
Councilman Martin "" :L ii favor, Councilman Crane i C"1 favor,
,
a f - Councilwoman Donovan - favor.! " This motion carried with all in favor.
A i T l'-IOR 1:ZA.1..I t11'•,i TO F'RUCE_:E'D Ni'"'H MA..l.._F.E:RS RE:L.A"I_EDI TO REFUNDING
OF C:I i ,r ' S WATER AND SEWER BONDS:: Motion was made by
Councilwoman Donovan to grant authorization to proceed with
matters
._ ..s... ;:: 1:1 ..1 1 refunding
7 1 i 1 f;; ...... r.:; Al1t":.i.' and ,..fit,:;i,_it_;r...
I l i c;! .':_t:_r :3 related...t':.r:':: .._ t::�t' rii: ].rl:' 'h [._'1"::.'}f' Water cct r..i::
Bonds. Seconded by Councilman Martin. The vote was as
follows:: ..._ .. --" Councilman
..u,: .s } ,t.e 1 1 ,. .....
„ Mayor•,:t.�r Trimble a.t`t favor, t�::::...?1.__i. :I.i i.<::.r i t 1 � �i..i:_r.. .:::: f.
in favor, Councilman Martin - 7 t favor, Councilman Crane
in favor, and Councilwoman Donovan in favor. This motion
carried with all in favor.
Motion was made to adjourn, with all in favor.
........ ............................... ............................__................................ _.....
Chuck Trimble, Mayor
ATTEST:
----------------------------------
Carolyn Jones, City Secretary
�
�
CALLED CITY COUNCIL
MEETING - MINUTES
0ECEMBER 30, 19S7
7:0O P. M.
The Wylie City Council met in a called session on Tuesday,
December 30, 1986 at 7: 00 P. M. in the Wylie Community Room.
A quorum was present and notice of the meeting had been
posted for the time and in the manner required by law.
Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe
Fulgham, Council Members William Martin, Kent Crane, Calvin
Westerhof , and Sandra Donovan, City Manager Gus Pappas, City
Secretary Carolyn Jones, Finance Director James Johnson, I .
W. Santry, Jr. from Engineering Department and acting Public
Works Director Kenneth Moelling.,
APPROVAL OF DECEMBER 9,_1986 MINUTES : There being no
corrections or additions to the minutes, a motion was made
by Councilman Martin to approve as submitted. Seconded by
Councilman Crane. The vote was as follows: Mayor Trimble -
in favor, Mayor Pro Tem Fulgham - in favor, Councilman
Westerhof - in favor, Councilman Martin - in favor,
Councilman Crane - in favor and Councilwoman Donovan in
favor. This motion carried with all in favor.
APPROVAL OF AMENDMENT TO I E DRDINANCE 86-80:
Mr. Santry made the statement to the Council , at the time
this ordinance was passed, it was noted that there might be
some small amendments to it at a later date. Talem, Inc.
and the engineering staff recommend the following amendments
to the ordinance:
Section 16. 2, B, 5. The development and execution of
reasonable and realistic plans for controlling and
abating pollution or potential pollution resulting from
generalized discharges of waste which are not traceable
to specific sources, such as storm sewer discharges,
urban runoff from rainwater, and other non specific
discharges.
Section 16. 3, 0. Except as hereinafter provided, no
person shall discharge or cause to be discharged into
the sanitary sewer or drainage system of the City, or
to the waters of the State of Texas, directly or
indirectly, any of the following described matters,
water, wastewater, or wastes:
Section 16. 3, C, ( 13) Acids or alkalines capable of
causing damage to sewage disposal structures or
personnel or having pH value lower than 6. 0 or higher
than 9. 0
Section 16. 3, D Unless an exception is granted by the
City, the city' s sanitary sewer system shall be used by
all persons discharging domestic wastewater,
industrial wastewater and other polluted water in
accordance with this ordinance and other ordinances of
the City.
Section 16. 4, B The City is entitled to review and
approve the installation and operation of any garbage
grinder equipped with a motor of three-fourths (3/4)
horsepower (0. 76 hp metric) or greater as part of the
permit application for a plumbing permit.
Mayor Trimble wanted to know if there would be any problems
from the narrowing of the pH range. Mr. Santry said no,
this was what the State Health Department and the Texas
Water Commission Board wanted it to be.
Councilman Crane wanted to know if these changes would allow
the City to enforce the issue of control to the persons not
complying with our ordinance.
Councilman Martin wanted to know if this does or does not
control any dump sites that run into our system. City
Manager Gus Pappas said no, this is just on our sanitary
sewer system. Councilman Martin wanted to know about
dumping on top of the ground. Mr. Santry said this was
illegal anyway.
City Manager Gus Pappas said the main body of this ordinance
is aimed at pollution. Mr. Santry said a lot of small
industries are having materials picked up and the trucks are
trying to dump where ever they can. This is a problem the
City of Wylie has been watching.
Motion was made by Councilwoman Donovan to approve the above
amendments to Ordinance No. 86-80. Seconded by Mayor Pro
Tem Fulgham. The vote was as follows: Mayor Trimble - in
favor, Mayor Pro Tem Fulgham - in favor, Councilman
Westerhof - in favor , Councilman Martin in favor,
Councilman Crane - in favor, and Councilwoman Donovan in
favor . This motion carried with all in favor.
CITIZEN PARTICIPATIDN: There were several citizens present
at the meeting, but no one wished to speak.
TIV ILE HOME
PARK: Mr. Bill Burge, park manager at Southfork Mobile Home
Park, resides at 386 Sue Ellen is asking the Council to post
no parking signs along McCreary Road and McMillan Road.
People are parking large trucks and cars there at night and
in the morning when we are trying to bring in mobile homes,
it is impossible to make the turn into Southfork.
City Manager Gus Pappas said there are two lanes of pavement
which was cut down and installed by Southfork Mobile Home
Park. When one of these lanes has cars or trucks parked on
it, then there is only one land for traffic going and
coming . City Manager Gus Pappas stated if the Council
wanted, there would be a no parking ordinance on the January
13th agenda.
AUTHORIZATION TO SEEK BIDS FOR RADIOS FOR NEW SQUAD CARS:
This is a budgeted item but does require staff to seek bids.
Motion was made by Mayor Pro Tem Fulgham to grant
authorization for staff to seek bids for radios for new
squad cars. Seconded by Councilman Martin. The vote was as
follows: Mayor Trimble in favor, Mayor Pro Tem Fulgham
in favor, Councilman Westerhof - in favor, Councilman Martin
- in favor, Councilman Crane in favor , and Councilwoman
Donovan - in favor. This motion carried with all in favor.
AUTHORIZATION TO PROCEED WITH WII��IN{�_DF_ PAVEMENT FOR
ION PROJECT IN WYLIE RANCH EAST: Mr.
Feivor of 315 Callie Court has come before the Council to
ask Council to widen and reconstruct the two streets that
are within Wylie Ranch East addition. City Manager Gus
Pappas said at the time this ETJ plat was approved, the
roads were dedicated to the City of Wylie and we are
responsible for patching them. Mr. Feivor said that the
City accepted the streets 7 years ago and now they are in
much need of repair. The homeowners are willing to
participate with the City in reconstructing these two
streets.
Councilwoman Donovan wanted to know why this has not been
annexed. City Manager Gus Pappas said because they do not
��)
� <�
want to be a part of the City of Wylie. There is a law that
was just recently passed that says a City cannot surround a
parcel of land and not annex it. Since the City has
surrounded this subdivision, Council will have to annex it
in the very near future.
Councilwoman Donovan wanted to know if there is a time frame
on getting these roads reconstructed. City Manager Gus
Pappas said no. There is a concept that when you are
annexed the City has to build a new road for you, this is
not true, the City has to maintain the road.
Councilwoman Donovan said it was her feeling that we do some
of the streets inside the City limits before we do these
streets which are outside the City limits.
City Manager Gus Pappas said if the Council decides to do
these streets, there would have to be appraisals and letter
sent to property owners and a public hearing held.
Mayor Pro Tem Fulgham said in the history of Wylie, the
Council would not give water to people outside the City much
less participate in reconstruction of their street .
Councilman Crane said his personal feelings are to have
taxpayers living on the streets prior to fixing streets.
City Manager Gus Pappas said there are two streets, Callie
Court and Donna Drive. Both are 1 , 390 feet long with
existing pavement width of 12 ft. and 17 ft. We as a City
do have the legal right to access and place liens on
property outside the City if we are reconstructing their
streets. The construction costs of these streets allow for
20 ft. wide strip approximately $38, 503. this includes the
letters, engineering, advertising, labor and materials. The
property owners would be asked to reimburse the City
approximately $13, 900. , leaving the City $24, 603. If a 27
ft. wide strip was put down, the approximate cost would be
$51 , 797. and the property owners would reimburse the City
approximately $18, /65. The question the Council is faced
with is when we do Birmingham, it is coming from General
Fund (tax payers) and from the property owners (tax payers) .
When we do these streets our maintenance will go down, but
can we take tax payers money and do streets that are out
side the City and have no tax payers.
Mayor Trimble asked Mr. Feivor if there was a need for
someone to meet with the home owners about annexing into the
City. Mr. Feivor said they do not want to be a part of the
City, but if they so chose, and annexed these properties, I
do not feel they would object.
Mr. Raymond Frank said that the City is so far behind in
fixing the streets, why do we want to become a part of this
City. In regards to patching, there is no way to patch
these streets, there is no base and the patching just washes
out.
Councilwoman Donovan said the people in the City are paying
for their streets and these people should be put on the
priority list. City Manager Gus Pappas said the only thing
that would make these people happy is to do an overlay and
this would cost approximately $20, 000. and would not last
because there is no base.
Mr. Raymond Frank wanted to know if they annexed, would it
be a year before anything was done to their street. Mayor
Trimble said no, not necessarily, that these projects move
slow and we can not put a time frame on it. Councilwoman
Donovan said if all of property owners are willing to pay,
then your streets could move up on the list.
/ '
City Manager Gus Pappas said if they are 100% there is no
problem but if there is 80% for annexation, does Council
want me to go ahead and annex the entire subdivision. Also
does Council want a 20 or 27 foot street.
Councilwoman Donovan said these may not always be dead end
street so go with 27 ft. wide. City Manager Gus Pappas said
most of the time streets that are dead end are required to
have a cul-de-sac, but when the other subdivision came
before us Mr. Feivor said the property owners in Wylie Ranch
East did not want these to be through streets. City Manager
Gus Pappas said 27 ft. is measured back to back from curb,
you could possible go 26 ft.
Motion was made by Councilman Crane to suggest 25 ft. width
until further study can be made. Seconded by Councilman
Westerhof . The vote was as follows: Mayor Trimble - in
favor, Mayor Pro Tem Fulgham - in favor, Councilman
Westerhof - in favor, Councilman Martin - in favor ,
Councilman Crane - in favor, and Councilwoman Donovan - in
favor. This motion carried with all in favor.
APPROVAL OF UPDATED SERVICE CREDIT WITH TEXAS MUNICIPAL
RETIREMENT SYSTEM: The Texas Municipal Retirement System
offers cities within that system an opportunity to adopt an
ordinance which grants all of our employees in the program
an updated service credit and an increase to those employees
who have already retired. Our contribution rate toward the
retirement system last year was 4. 43%. Our percentage of
contribution would have dropped because of our history, but
we can reduce the amount of that drop and move to 4. 39% and
provide this extra benefit for our employees. The Council
has adopted this ordinance for the past several years.
Motion was made by Mayor Pro Tem Fulgham to approve and sign
the ordinance adopting the updated service credit with Texas
Municipal Retirement System. Seconded by Councilman Martin.
The vote was as follows: Mayor Trimble - in favor, Mayor
Pro | em Fulgham in favor, Councilman Westerhof - in favor,
Councilman Martin - in favor, Councilman Crane - in favor,
and Councilwoman Donovan - in favor. This motion carried
with all in favor.
APPROVAL OF CONSTRUCTION PLANS FOR LAKE RAY HUBBARD MOBILI:::.
Mr. Santry said this offsite water
line will come from the water tower down to Elm Road and
over to FM 544 and down to Vinson Road. Their needs for the
mobile home park will require a 12" line part of the way and
then go into a 10" line. In reviewing these plans, staff
has determined this line should be a 14" part of the way and
go down to a 12" . This would require oversizing by the
City, plus there would be a few fire hydrants added. | he
plans have been completed and staff does have approval from
Collin County Commissioners Court and from the State
Department of Highways and Public Transportation. Staff
has reviewed these plans and recommends them for approval .
Mayor Pro Tem Fulgham wanted to know if the developer is
putting in this line except for the oversizing. Mr . Santry
said yes, but staff does not have a cost as of this date.
Motion was made by Councilman Crane to approve the
construction plans for the offsite water line for Lake Ray
Hubbard Mobile Home Park. Seconded by Mayor Pro Tem
Fulgham. The vote was as follows: Mayor Trimble - in
favor, Mayor Pro Tem Fulgham - in favor, Councilman
Westerhof - in favor, Councilman Martin - in favor ,
Councilman Crane - in favor, and Councilwoman Donovan - in
favor. This motion carried with all in favor .
APPROVAL OF C.QgNPQDBDER #1 B-CRETE ON
MUNICIPAL COMPLEX: City Manager Gus Pappas stated that the
dollar figure is for the underground conduit for the
/ ��
telephone system for not only the building under
construction but is being stubbed out for the two subsequent
buildings, should they be needed in the future. Mr.
Johnson, Finance Director, has reviewed these figures and
considers it a fair price. The money for this improvement
is available because of the reduced cost in legal fees from
our original estimate of that Counsel for the bond issue.
Councilman Crane wanted to know how we would be receiving
electricity. City Manager Gus Pappas said overhead with
street lights. The logic is that we leave overhead for
electricity until the developer around us puts in
underground utilities and them we will convert.
Mr. Johnson said going underground is necessary to have for
the back up emergency phone system for public department.
Councilwoman Donovan said right now $12, 000. seems like a
lot when we maybe putting up poles for electricity, then why
not go above ground with telephones. City Manager Gus
Pappas said that service comes from the back part of the
lot.
Councilman Crane wanted to know if there was a time limit on
this or could it wait until the figures are in on the
electricity. Motion was made by Mayor Pro Tem Fulgham to
table this item until all figures were in. Seconded by
Councilwoman Donovan. The vote was as follows: Mayor
Trimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof in favor, Councilman Martin - in
favor, Councilman Crane - in favor, and Councilwoman Donovan
- in favor, This motion carried with all in favor.
FIRE HYDRANT REPORT: City Manager Gus Pappas stated that
last month the Council asked for a report on the fire
hydrants in the City of Wylie. That work has been done and
you will find the list to show the actual location, brand,
line size. This form is also designed so that each fire
hydrant can be inspected at least once every four months.
That activity will begin in January, 1987. There are 196
fire hydrants within the city limits, plus the ones at
Southfork Mobile Home Park have not been put on yet. Some
time back there was an understanding that the fire hydrants
would be check by the Fire Department. This was being done
at the close of each of their meetings, several fire
hydrants were being checked out. Today, I cannot tell you
that is still being done. When fire hydrants are checked,
there should be a gauge put on the plug to check the
pressure and flow. I would suggest that the best way to
assure this testing is getting done is to have public work
crews do this.
Mayor Pro Tem Fulgham wanted to know if and when we had a
paid fire department could this be turned back over to them.
City Manager Gus Pappas said yes.
Councilman Martin wanted to know if it would be better to
use one standard type of hydrant, the list shows several
brands. Mr. Santry said we have already done this and we-
are using Muller.
Councilwoman Donovan wanted to know the cost of a fire
hydrant. City Manager Gus Pappas said around $1200. to
$1400, but this includes the values.
Councilman Crane wanted to know if the physical testing
would give the plugs longer life. City Manager Gus Pappas
said yes.
Mayor Pro Tem Fulgham thanked the city staff for the time
spent and for the report and the map.
RESPONSE COPSE::: ON EtF I WASTE E SYSTEMS PLAN TO CHANGE REFUSE
COLLECTION ION.! DAYS IN THE C:l...#..,Y`: As c f this {Date„ residents of
Wylie have their- trash picked up two tit{ie, each week Part.
.
{.�7' the! City is picked up on Monday >~i r"i S:J Thursday a C 1 is# '1':.h t:'
Tuesday h:.a,..o anc1 F=Y-i Friday.
other t_.{ part on i BFI ' s plan is to pick up
... . :
the t' kir:'T'I :_1.i'-f::.' city on 'r'.tA!{:1 days. Residents will still have t:.{..J+_i
pickc : - 1 _ a week except when
a holiday fails on o{"y r».' of f t#i e
week.:;
, ..
1 without service. If
then �.r�1_.t will t,,{t.: for Y" a .i..full M:i
adopted,
. t:.._ .! this
will
'! -- ;.^87
11 :�
t::it: {:i + .h•�[.�:: _.#'t.l. i=: t=':!1 .#. :.. #_!i=' effective{•»:'t_:�.:::L 'i is on February l_;ty r_.. 1. , �4 %C:�: .
Motion was made by Mayor
il::;r'_: #-::::tttF: t...1. ._#t<:..!n to approve .1i::.#_It:' pickup days for Wylie to o be Monday and Thursday. Seconded by
Councilwoman Donovan. T_.i!-: `:%5..1.._l,.y wa
as follows: Mayor
.... .: . - --" : .. _ ... T ., ._1._ .. :
# Y !. i'tl::i.#.{":' i.r'; 'f=i�t'•.r 1 ir- !-I==i'';=:tar- I-'r-'c:i t {-:�tii F:�t t] +
Councilman "
I>"~I c»j t:�'1..e i`_i_,r.;;.i. ..... in '1•i::;'a r-„ Councilman Martin in
favor, Councilman Crane ..... in favor, ca I-i{J Councilwoman Donovan
..... in favor. This motion carried with i . J in favor....
COUNCIL DISCUSSION: Councilman Martin congratulated Carolyn
Jones i::ii...t her completion {-1f the Certification Program 't'{::t{;..
City Secretaries.
City Manager : s Pappas said there
a` = were 1:'.4°d i'] vacanciesI:'i on
Planning and Zoning t" J staff would like F to F L t this
on t:'.#-{(•»i
next agenda.
Councilman _' }s w Crane wanted '1':E:i know :I.'S' there was"-� aproblem !.t!!
trash plying a}:i. L.::1ty Manager Gus Pappas said that staff
handled these fi_i::•' problems daily, and sometimes :L t: :1`.._ caused
r. : ._ .. feels s
1_I people �':,•`: .L I'"3 and out and:::} the t:?. driver '{"F'?c'.l .L f:'. :#. 't?:?t1 from
of moving ,M, 1,wit i 1 �
much to pick up unless he charges extra +o"' it.
: .... . !
Mayor`;:{�i{"• -'!•-t:i t='tYt .. z!."t i:a..i t.-.t ii t said he tr•7 iit?_: sorry he missed t}...f t': last
said ..1...... equipment#._+tNF•;%r;i:' 1•�,' i need...
Councilwoman Donovan � 1.?. the tc! tM't:'!.!]. _ _ .1.!'f Kirby!`..#:::
_..
'1'_E:! L..i{�:' repaired !+{'- replaced.
Mayor Trimble wanted to know if t_I t t:;l computer system the City c s __ i give a cash disbursement I ] s t each month. #••°I Y-,.
-r :L ' does.s print a cash disbursement j _ L
Johnson said t t.J!..!ki?.�: Y"1I"it. _.t3_#`! CJ]. ._L ttY"`ci•t_'.((!i:=!`it: journal .
Mayor Trimble also asked _'1 e citizens to not
s..:. t..._ii+:;i t#...+f1 city
logo _ _ news
letters t : -Y � unless L �� - 1 _ Council
h a s approved :L'e'. <,
cityo1=.. Pro Tern I:::t..t J.g#'"tsa'ri said what are 'yc:iu talking about.
Councilwoman Donovan said 1 - you use the city logo,tq ,:ou need
to have this proofed F�`.% t_#f t._' council prior to mailing it out.
AUTHORIZATION OF EXPENDITURE OF $140i FROM PARKS AND
RECREATION ON B1_DGGE=:..i.. FOR BLEACHERS FOR .<a...l..#..JBASEBALL FIELD 1:l I
COMMUNITY PARK: This item is placed on i the agenda at. the
,..., •J!,t r.:,..i. cJ 1- ... .. . ._ .. ._. .....a,... F.. �..i....i_�+..a
r.._i. _ ._ `i._ ....! .._ �a r f!. '�.a_'�_Y Ec'%•t::.L+_�rt E:+!..!�:.: i u -{ -;-,� L:t::.�:� _'r.::t:..:#. :#.
field mentioned here is the fourth field completed this oaict
summer al a designated `E " s_ i • the WSi during their
tc.,:.....isi:)._ .. ..
regular season.t� _ !t„ This expenditure #i t:a_: been{_i'1-i budgeted in this
years budget.
Councilman Crane wanted to+ know o w ].'4' there were spec +or these
bleachers. City Manager
_ l _ i_ _ Gus
Pappas said they
" _4 would be just
like what is on the other fields.
: .... . made
... Mayor
., ... .. ... _.
Motion!. t...T'. was c..r: {'i i�_t t..l�: .'� I #<-.. ._.I Pro F E:�t{; k:.._t.L i,#.<�t rn t c: approve{"�i:] � the
i{:..,
1 + i �!i t_ '
$,,,. i..,i.., from
..._ _ Recreation.... .. .. . t .... .. t' .. t
-:�.. _l._7 a_Y {: n Parks and r'tr.:!t._i' t._':.:+t_.1+_I{'! Budget i't_+Y 1':'I«i:' L:!1.+...,,_t!._#'lt::rP-.:_ ','+_:!i'
the ..
t_t 1!.. s.. .. ...t baseball field. Seconded by Councilman Martin. The
vote was as follows: Mayor Trimble --' in favor, Mayor #:":!,..i:=
c u . _ t i a" _ in favor, Councilman Westl ' i rt . L " favor,
Councilman Martin in favor,
.+...+ Councilman Crane .{.l...1 favor,
and Councilwoman Donovan _... in favor . This motion carried
wit ..
all in favor.
//
AUTHORIZATION FOR EXPENDITURE OF $10
RECREATION BUDGET FOR PLAYGROUND EQUIPMENT AT COMMUNITY
PARK- Councilman Crane would like for Council to look at
th e options of what is being bought to put in the Park as
playground equipment. The equipment in there now is causing
problems with splinters and the sand is causing ants.
Motion was made by Councilman Crane to table the expenditure
of $1 , 000 from Parks and Recreation Budget for playground
equipment until further study. Seconded by Mayor Pro Tem
Fulgham. The vote was as follows: Mayor Trimble - in
favor, Mayor Pro Tem Fulgham - in favor , Councilman
Westerhof - in favor, Councilman Martin - in favor,
Councilman Crane - in favor, and Councilwoman Donovan - in
favor. This motion carried with all in favor.
AUTHORIZATION TO REPAIR ROADWAY WITHIN COMMUNITY PARK
(THOMAS STREET) : This item has been brought to the Council
at the request of the Parks and Recreation Board, and they
have offered the money from their budget for substantial
repairs if Council has a problem finding the funds for this
project. This road carries a heavy traffic load during the
Spring and Summer months. Councilman Crane would like to
put a two course penetration on Thomas Street and let the
people use it and try to get use to this type street.
AUTHORIZATION TO EXPEND FUNDS IN THE AMOUNT OF $34, 003. 91 TO
FlRST SOUTHWEST FOR FINANCIAL ADVISORY SERVICES: Finance
Director James Johnson said these expenses are relative to
issuance of $1 , 800, 000. City of Wylie General Obligation
Revenue Bonds Series 1986. The breakdown of this figure is
as follows:
Financial Advisory services rendered and
expenses incurred for the issuance, sale,
and delivery of $1 , 800, 000. Gen. Obligation
Bonds Series 1986 $24993/. 99
Bond Counsel Fee 3, 065. 92
Moody' s Investors Service Inc. 2, 500. 00
Standard & Poor' s Corporation 3, 500. 00
...................... ....._.........._
$34, 003. 91
Motion was made by Councilman Westerhof to approve
authorization of payment in the amount of $34, 003. 91 to
First Southwest Company. Seconded by Councilman Martin.
The vote was as follows: Mayor Trimble in favor, Mayor
Pro Tem Fulgham - in favor, Councilman Westerhof in favor,
Councilman Martin in favor, Councilman Crane - in favor,
and Councilwoman Donovan in favor. This motion carried
with all in favor.
AUTHORIZATION TO EXPEND FUNDS IN THE AMOUNT OF $11 , 188. 87 TO
FIRST SOUTHWEST FOR FINANCIAL ADVISORY SERVICES: Finance
Director James Johnson stated these services are in
connection with the issuance of $160, 000. City of Wylie
Water/Sewer System Revenue Bonds Series 1986. The breakdown
of this payment is as follows:
Financial Advisory services rendered and
expenses incurred for issuance, sale and
delivery of $160, 000 Water & Sewer Revenue
Bonds, Series 1986. $ 8, 872. 87
Bond Counsel Fee 1 , 316. 00
Moody' s Investors Service Inc. 1 , 000. 00
$11 , 188. 87
��_
Motion was made by Councilman Martin to grant authorization
to expend funds for payment to First Southwest Company in
the amount of $11 , 188. 87. Seconded by Mayor Pro Tem
Fulgham. The vote was as follows: Mayor Trimble - in
favor, Mayor Pro Tem Fulgham in favor, Councilman
Westerhof - in favor, Councilman Martin - in favor,
Councilman Crane - in favor, and Councilwoman Donovan - in
favor. This motion carried with all in favor.
APPROVAL OF ONE
BUILDING: The VLK Properties have submitted their final
offer to City staff and it is in the amount of $2900. per
month. This is at a rate of $8. 20 per square foot. This is
the same offer as before, but they are standing firm on this
figure.
Councilwoman Donovan wanted to know if this was iron clad,
what happens if we move out prior to the year being up.
City Manager Gus Pappas said we would be penalized if we
moved out prior to our year being up. The staff has looked
at this and does not believe there is a big gap in between
us completing the building and moving prior to this year
being up. Councilwoman Donovan wanted to know if we could
add this to the lease agreement. City Manager Gus Pappas
said the staff has talked about this and does not believe it
will be a problem. This lease would be up November 30,
1987:,
Councilman Westerhof said he did not agree with this figure,
but in order to avoid a double move he would make a motion
to approve the $2900. per month lease. Seconded by Mayor
Pro Tem Fulgham. The vote was as follows: Mayor Trimble -
in favor, Mayor Pro Tem Fulgham - in favor, Councilman
Westerhof - in favor Councilman Martin - in favor,
Councilman Crane in favor, and Councilwoman Donovan in
favor. This motion carried with all in favor.
Mayor Pro Tem Fulgham addressed Mayor Trimble with the
statement that he thought we had quick these types of
things. Mayor Trimble said are you talking about the
newsletter. Mayor Pro Tem Fulgham said yes, what has been
done in the past year are since April is to bring up
something in public and to inflame a situation, and the next
week it is big headlines in the paper. I think it is very
poor taste. Go to someone face to face. When done this
other way, the news uses it as a big issue and it is
misleading to the public. I will talk with you face to face
with witnesses. Mayor Trimble said he believes in full with
Mayor Pro Tem Fulgham and what his concern is that we are
misrepresenting the City by putting out a news letter
entitled City of Wylie with the logo on it. I think there
are problems with using the logo. Councilwoman Donovan
asked City Manager Gus Pappas if Council did not approve a
newsletter back in one of our workshops. Mayor Pro Tem
Fulgham said he proposed it, but that Council turned it
down. Councilwoman Donovan said it was turned down for
those few months, but wasn` t it to be a possible expenditure
in 1987. Finance Director James Johnson said this was one
of the items Council cut from the budget . Councilwoman
Donovan said if you use the City Logo, then Council should
approve the news letter prior to mailing it out.
Motion was made to adjourn with all in favor .
--------------------------------
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary //
EMERGENCEY CITY COUNCIL
MEETING - MINUTES
JANUARY 2, 1907
6:30 P. M.
The Wylie City Council met in an emergency session on
Friday, January 2, 1987 at 6: 30 P. M. in the conference room
at City Hall . A quorum was present and notice of the
meeting had been posted for the time and in the manner
required by law. Those present were Mayor Pro Tem Joe
Fulgham, Council Members William Martin, Calvin Westerhof ,
Kent Crane and Sandra Donovan, City Manager Gus Pappas, City
Secretary Carolyn Jones, and City Attorney Larry Jackson.
Mayor Chuck Trimble was absent.
Mayor Pro Tem Fulgham called the meeting to order. Mayor
Pro Tem Fulgham convened the Council into executive session
under the authority of Article 6252-1 /, Section 2, paragraph
"e" legal matters .
Mayor Fulgham reconvened the meeting into open session and
stated that council had discussed pending litigations with
the City Attorney Larry Jackson.
Motion was made to adjourn, with all in favor.
-----------------------------
Joe Fulgham, Mayor Pro Tem
ATTEST:
___ _______________
Carolyn Jones, City Secretary
, �
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL
SUBDIVISION OF THE STATE OF TEXAS, LEVYING ASSESSMENTS
AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR THE PAYMENT
OF A PART OF THE COST OF IMPROVING AND PAVING PORTIONS OF
THE FOLLOWING STREETS IN THE CITY OF WYLIE, TEXAS, TO-WIT:
S. BIRMINGHAM STREET NORTH FROM THE INTERSECTION OF S.
BIRMINGHAM STREET AND S. BALLARD ST. TO KIRBY STREET; AND
STONE STREET EAST AND WEST FROM S. BIRMINGHAM STREET TO S.
BALLARD STREET, AND,
PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND
PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN
AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL
LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON
SAID STREET, AND PROVIDING FOR THE COLLECTION THEREOF,
PROVIDE A SEVERABILITY CLAUSE, AND DECLARING AN AFFECTIVE
DATE.
WHEREAS, Heretofore in action taken at a duly authorized,
regular meeting, the City Council of the City of Wylie did
order the improvements of S. Birmingham Street north from
the intersection of S. Birmingham and S. Ballard to Kirby
Street; and Stone Street east and west from S. Birmingham
Street to S. Ballard Street by a process of filling,
raising, grading, paving and general reconstruction; and,
WHEREAS, Pursuant to said resolution, specifications and an
estimate of the cost of such improvements were prepared for
said work by the City Engineer for the City of Wylie,
presented to said Council, examined, approved, and adopted
by it, all as required by applicable law; and,
WHEREAS, In compliance with the law, the Engineerig
Department for the City of Wylie and the Tax
Assessor/Collector for the City of Wylie, prepared
statements or lists showing the names of property owners
upon said street, the description of their property, the
total cost of said improvements, the cost thereof per square
foot and cost to each property owner, along with an
appraisal report from the firm of Lane and Associates,
Professional Real Estate Appraisers and Consultants,
McKinney, Texas, for and on behalf of the City of Wylie,
Texas prepared statements or lists showing the names of
property owners upon said street, the description of their
property, estimated value before improvement and estimated
value after improvements and estimated enhancement or damage
to the property; said statements possessing all other
requisites required by law; and,
WHEREAS, Thereafter the said statements were filed with the
City Council and by them examined and approved and said
Council determining the necessity of making an assessment
for part of the cost of said pavement against property
owners and their property, and fixing a time and providing
for a hearing to such property owners, all in accordance
with the terms of applicable law, at which hearing said
owners were to be heard as to the benefits of the said
improvements to their property, as to any error or
invalidity in said proceeedings, or to any matter or thing
connected with the said improvements; and,
WHEREAS, The City Council did, by quorum vote, set January
13, 1987 as the date for the public hearing on said
improvements; and,
1
/ Z
WHEREAS, In accordance with the terms of the law, and as
directed by the City Council of the City of Wylie, Texas,
the City Secretary, for and on behalf of the City of Wylie,
Texas, gave notice to the property owners on said street of
said hearing, by advertisement inserted three (3) times in
the Wylie News, the official newspaper of the City of Wylie,
the first such publication being at least twenty-one (21)
days before the date of the hearing; and did give additional
written notice of the hearing by depositing in the United
States mail , at least fourteen (14) days before the date of
the hearing, written notice of such hearing, postage
prepaid, in an envelope addressed to the owners of the
respective properties abutting said street, as the names of
such owners were shown on the then current tax rolls of the
City of Wylie and at the addresses so shown; provided,
however, that any failure of the property owners to receive
said notices shall not invalidate these proceedings; and,
WHEREAS, Said hearing was held at the time and place as
advertised, on Tuesday, the 13th day of January, 1987 at
7:00 P.M. in the Community Room, 800 Thomas Street , Wylie,
Texas, which hearing was then closed; and,
WHEREAS, At said hearing, all desiring to contest the said
assessments, correct the same, or in any manner be heard
concerning the benefits thereof, or in any related matter,
were heard, and errors and all matters of error or mistake
or inequalities or other matters requiring rectification
which were called to the attention of the Council were
rectified and corrected;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1. That the action of the City Council closing the
hearing and overruling the protests where no change or
revision was made by the City Council, at the public hearing
on the 13th day of January, 1987 , in these proceedings is
hereby ratified and confirmed by this ordinance. That the
City Council , from the evidence, finds that the assessments
herein levied should be made and levied against the
respective parcels of property abutting upon the street
hereinbelow mentioned and against the owners thereof; that
such assessments and charges are right and proper, and are
substantially in proportion to the benefits to the
respective parcels of property by means of the improvement
in the unit or district for which such assessments are
levied , and establish substantial justice, equality, and
uniformity between the respective owners of the respective
properties and between all parties concerned, considering
the benefits received and burdens imposed. The Council
further finds that in each case, the abutting property
assessed is specially benefited in enhanced value to the
said properties by means of the said improvements in the
unit or district upon which the particular property abuts,
and for which assessment is levied and charge made, in a sum
in excess of the said assessment and charge made against the
same by this ordinance. The Council further finds that the
apportionment of the cost of the improvements is in
accordance with the law in force in this City and that the
proceedings of the City heretofore had, with reference to
said improvements, are in all respects valid and regular.
SECTION 2 . There shall be and is hereby levied and assessed
against the parcels of property hereinbelow mentined, and
against the real and true owners thereof (whether such
owners be correctly named herein or not) , the sums of money
below mentioned and itemized shown opposite the description
of the respective parcels of property, and the several
amounts assessed against the same, and the owners thereof,
2
/
as far as such owners are known, being as shown in the
attached Exhibits "A" , "B" and "C" .
SECTION 3. Where more than one person, firm or corporation
owns an interest in any property above described, each said
person, firm or corporation shall be personally liable only
for its, his or her pro rata of the total assessment against
such property in proportion as its, his or her respective
interest bears to the total ownership of such property, and
its, his or her respective interest in such property may be
released from the assessment lien upon payment of such
proportionate sum.
SECTION 4. The several sums as mentioned in the attached
Exhibit "A" , Exhibit "B" and Exhibit "C" and assessed
against the said parcels of property and the owners thereof,
and interest thereon at the rate of ten percent (10%) simple
interest, together with reasonable attorney' s fees and costs
of collection, if incurred, are hereby declared to be and
are made a lien upon the respective parcels of property
against which the same are assessed, and a personal
liability and charge against the real and true owners of
such property, whether such owners be named herein or not,
and the said liens shall be and constitute the first
enforceable lien and claim against the property on which
such assessments are levied, and shall be a first and
paramount lien thereon, superior to all other liens and
claims except State, County, School District and City ad
valorem taxes.
The sums are so assessed against the abutting property and
the owners thereof, may be, at the owners option, paid in
full within ninety (90) days with no interest accrued,
within a twelve (12) month period, at ten percent (10%)
interest simple interest; within twenty-four (24) months at
ten percent (10%) interest simple or within thirty-six (36)
months at ten percent (10%) interest simple interest, with
interest accruing from the date of completion of the
improvements. In the case of the owner opting for the
installment plan, the first payment will be due within
thirty (30) days of the completion and acceptance of the
improvements of any particular unit or district. Any owner
shall have the right to pay the entire assessment, or any
installment thereof, before maturity, by payment of
principal and accrued interest, and further provided that if
default shall be made in the payment of any installment of
principal or interest promptly as the same matures, then the
entire amount of the assessment upon which such default is
made shall, at the option of the said City of Wylie, or its
assigns, be and become immediately due and payable, and
shall be collectible, together with reasonable attorney' s
fees and costs of collection, if incurred.
SECTION 5. That if default be made in the payment of any of
the said sums hereby assessed against said property owners
and their property, collection thereof shall be enforced
either by suit in any court having jurisdiction or by lien
foreclosure.
SECTION 6. That for the purpose of evidencing the several
sums payable by said property owners and the time and terms
of payment, and to aid in the enforcement thereof ,
assignable certificates may be issued by the City of Wylie
upon completion and acceptance of the said work of
improvement, which shall be executed by the Mayor, signing
the same or by his facsimile signature impressed thereon,
attested by the City Secretary, under the impress of the
corporate seal , and shall be payable to the City of Wylie,
or its assigns, which certificate shall declare the said
amounts and the time and terms of payment thereof, and the
said rate of interest payable thereof , and shall contain the
name of the owner and the description of his property by Lot
3
or Block Number of front feet thereof, or such description
as may otherwise identify the same by reference to any other
fact, and if said property shall be owned by an estate, then
the description thereof as so owned shall be sufficient.
And the said certificates shall further provide that if
default shall be made in the payment of any installment of
principal or interest thereon, when due, then at the option
of the said City of Wylie being the owner and holder
thereof, the whole of the said assessment shall at once
become due and payable and shall be collectible with
reasonable attorney' s fees and costs if incurred.
And the said certificates shall further set forth and
evidence the said personal liability of the owner and the
lien upon his premises, and shall provide that if default
shall be made in the payment thereof, the same may be
enforced as above provided.
And the said certificates shall further recite that the
proceedings with reference to making said improvements have
been regularly held in compliance with the terms of the
applicable law, and that all pre-requisites to the fixing of
the lien and claims of personal liability evidenced by such
certificates have been performed, which recitals shall be
prima facie evidence of the facts so recited and no further
proof thereof shall be required.
That the said certificates shall also provide the amounts
payable thereunder shall be paid to the Director of Finance
of the City of Wylie, who shall credit said payments upon
the said certificates, and shall immediately deposit the
amounts so collected in a special fund, which is hereby
designated as STREET RECONSTRUCTION FUND and which payments
shall be by the Director of Finance paid to the said City of
Wylie or other holder of the said certificates, on
presentation thereof to him.
And the said certificates shall further provide that the
City of Wylie shall exercise all legal power, when requested
so to do by the holder of said certificate, to aid in the
collection thereof; but the City of Wylie shall in nowise be
liable to the holder of said certificates in any manner for
payment of the amount evidenced by the said certificates or
for any costs or expense in the premises, or for any failure
of the said City Council or any of its officers in
connection therewith.
Full power to make and levy assessments, and to correct
mistakes, errors, invalidities or irregularities, either in
the assessments or in the certificates issued in evidence
thereof, is in accordance with the law in force in this
City, vested in the City.
SECTION 7. All assessments levied are a personal liability
and charged against the real and true owners of the premises
described, notwithstanding such owners may not be named, or
may be incorrectly named.
SECTION 8. The assessments herein levied are made and
levied under and by virtue of the terms, powers and
provisions of an Act passed at the First Called Session of
the Fortieth Legislature of the State of Texas, known as
Chapter 106 of the Acts of said Session, with amendments,
thereto, now shown as Article 1105B of Vernon' s Texas Civil
Statutes, which said law has been adopted as an alternative
method for the construction of street improvements in the
City of Wylie, Texas .
SECTION 9. The assessments so levied are for the
improvements in the particular unit or district upon which
the property described abuts , and the assessments for the
4
0 2/
improvements in one unit or district are in nowise related
to or connected with the improvements in any other unit or
district, and in making assessments and in holding said
hearing, the amounts assessed for improvements in one unit
or district have been in nowise affected by any fact in
anywise connected with the improvements or the assessments
therefore in any other unit or district .
SECTION 10. That the City Manager, or his designee, is
hereby authorized to execute releases of any paving
assessment liens herein levied and assessed against the
parcels of property and owners thereof, if same are fully
paid, such releases to be approved as to form by the City
Attorney and attested by the City Secretary.
SECTION 11. If any article, paragraph or subdivision,
clause or provision of this ordinance shall be adjudged
invalid or held unconstitutional, the same shall not affect
the validity of this ordinance as a whole or any part or
provision thereof, other than the part so decided to be
invalid or unconstitutional .
SECTION 12. This ordinance shall take effect immediately
from and after its adoption as the law in such cases
provides.
DULY PASSED by the City Council of the City of Wylie, Texas
this the 13th day of January 1987.
APPROVED:
Chuck Triable, Mayor, City of Wylie
ATTEST:
Carolyn Jones, City Secretary
APPROVED AS TO FORM:
Lawrence Jackson, City Attorney
5
EXHIBIT "A"
***** ************************************************** ************************************
BIRIINC3-M Sr.
ERCM KI BY AS CF 23 EEC 86
TO S. BALIARD
******************************************************************************************************
DE CRIPI'ICN FWNr FT. W7I'. DOLLARS YES NJ ? S1;N. DIS3 Nr APPRAISAL VARIANCE
*****AAAAAAAk*************************************************************k*******************
LAKESIDE VIL. APRIS. 401.40 15.0 3,010.50 3,010.50 13,818.00 10,807.50
LARRY E74JJ ER 86.30 15.0 647.25 647.25 1,300.00 652.75
JCtN P hAL1ER 135.00 15.0 1,012.50 1,012.50 1,100.00 87.50
GARY E ELIWIG 160.00 15.0 1,200.00 1,200.00 1,100.00 -100.00
RIVERSIDE TH ,A 167.85 15.0 1,258.88 1,258.88 700.00 -558.88
RIVERSIDE 'IH ,B 121.67 15.0 912.53 912.53 700.00 -212.53
WILLIS P JOLLY 160.00 15.0 1,200.00 1,200.00 1,100.00 -100.00
RCNA D L MILLER 145.00 15.0 1,087.50 1,087.50 1,100.00 12.50
MEADONS 901.98 15.0 6,764.85 6,764.85 6,764.85 0.00
2CMIY B SXILTL 140.00 15.0 1,050.00 1,050.00 2,000.00 950.00
GRACE MARTIN 170.00 15.0 1,275.00 1,275.00 637.50 900.00 262.50
2,589.20 19,419.00 13,221.75 5,147.25 1,050.00 30,582.85 11,801.35
68.09% 26.51% 5.41% 100.00%
LFN IH CF PROJECT 1,294.60
TOTAL, CC)T/PROJBa 70,912.00 100%
CITY 51,493.00 73%
ADJCJIN.PRCP./SHARE 19.419.00 27%
*****************************************************AAA*AA**************ir*****irk*********************************
SICNE RCN)
E131 BIRMINCHAM AS CF 23 DEC 86
'PO S. BALLARD
*****A AAAAAAk*****AAAAAAk*********A AAA AAAAA***********************************************************************
DESCRIPTION ERalr Fr. W7r. CZLIARS YES NJ ? SEN. DIS3Calr APPRAISAL VARIANCE
*****AAAAAk**k **************************k**********************************************************-**
'IC111 B SBiJLTL 100.00 15.5 775.00 775.00 1,000.00 225.00
HARRY F TI®AIS 50.00 15.5 387.50 387.50 600.00 212.50
HARRY F MEALS 50.00 15.5 387.50 387.50 600.00 212.50
HARRY F TIIDALS 50.00 15.5 387.50 387.50 600.00 712.50
HARRY F TINTS 50.00 15.5 387.50 387.50 600.00 212.50
JERRATEA ERARial 50.00 15.5 387.50 387.50 193.75 500.00 306.2;
JERRATIA ERAANCN 60.00 15.5 465.00 465.00 232.50 600.00 367.50
J . LACD 85.00 15.5 658.75 658.75 1,100.00 441.25
JLICE LALD 75.00 15.5 581.25 581.25 1,100.00 518.75
JESSE LACD 85.00 15.5 658.75 658.75 1,100.00 441.25
A D BYfD 130.00 15.5 1,007.50 1,007.50 1,100.00 92.50
NFEDCWS 790.00 15.5 6,122.50 6,122.50 6,122.50 0.00
•
1,575.00 12,206.25 8,680.00 3,526.25 0.00 15,022.50 3,242.50
• 0 71.11% 28.89% 0.00% 100.00%
LENGIH CF PROJECT 787.50
IDIAL 34,348.00 100%
CITY SHARE/PROJECT 22,141.75 64%
ADJVIN.PRCP./SHARE 12,206.25 36%
EXHIBIT "B"
****************************************************************•**********
STREET RECONSTRUCTION PROJECT: BIRMINGHAM STREET
FROM: KIRBY STREET TO: BALLARD STREET
***************************************************************************.
LINEAR FEET OF TOTAL STREET PROJECT 1,600 .0
WIDTH OF PAVEMENT 32 .0
TOTAL SQUARE FT. 51 ,200.0
COST OF CONSTRUCTION :
letters,mail & lien filling 512 .00
engineering 2,048 .00
appraissal services/for liens 3 ,840 .00
advertisements/public notices 153.60
preconstruction prep./valves,manholes,pipe 358.40
labor , 4 man crew 4,096.00
equipment 8 ,192 .00
emulsion 25 ,600.00
portland cement 5,120 .00
rock 1,536.00
2 in . asphalt overlay 18 ,944 .00
miscellaneous supplies 512.00
========
TOTAL CONST. COST 70,912.00
COST SHARE SUMMAIRES:
city share of project 63 .9% 45 ,312 .00
property owners share (one side) 18 .1% 12,800 .00
property owners share (other side) 18 .1% 12 ,800 .00
=__==========
100 .0% 70 ,912 .00
overall cost per square foot this project 1.39
overall cost per linear foot 44 .32
overall cost per linear front foot / per side 22 .16
property owner cost per linear front foot / per side 8 .00
citys' share of linear foot cost / per side 14 .16
MATERIAL COST SUMMARY ANALYSIS:
emulsion 25,600.00
portland cement 5,120.00
rock 1,536 .00
2 in . asphalt overlay 18 ,944.00
miscellaneous supplies 512 .00
51 ,712 .00
total materials cost paid by adjacent property owners 25,600 .00
materials cost balance absorbed by citys' share 26 , 112 .00
EXHIBIT "C"
*************************************************************************
STREET RECONSTRUCTION PROJECT: STONE ROAD
FROM: BIRMINGHAM STREET TO: BALLARD STREET
*************************************************************************
LINEAR FEET OF TOTAL STREET PROJECT 800 .
WIDTH OF PAVEMENT 31 .
TOTAL SQUARE FT. 24 ,800 .
COST OF CONSTRUCTION :
letters,mail & lien filling 248 .0
engineering 992 .0
appraissal services/for liens 1,860 .0
advertisements/public notices 74 .4
preconstruction prep./valves,manholes,pipe 173 .6
labor, 4 man crew 1 ,984 .0
equipment 3 ,968 .0
emulsion 12,400.0
portland cement 2,480.0
rock 744 .0
2 in . asphalt overlay 9,176 .0
miscellaneous supplies 248 .0
____
TOTAL CONST. COST 34,348.0
COST SHARE SUMMAIRES:
city share of project 63 .9% 21,948 .0
property owners share (one side) 18 .1% 6,200.0
property owners share (other side) 18 .1% 6,200.0
100.0% 34 ,348 .0
overall cost per square foot this project 1 .3
overall cost-per linear foot 42 .9
overall cost per linear front foot / per side 21.4
property owner cost per linear front foot / per side 7 .7
citys' share of linear foot cost / per side 13 .7
MATERIAL COST SUMMARY ANALYSIS:
emulsion 12 ,400 .0
portland cement 2,480 .0
rock 744 .0
2 in . asphalt overlay 9 ,176 .0
miscellaneous supplies 248 .0
25,048 .0
total materials cost paid by adjacent property owners 12,400 .0
___
materials cost balance absorbed by citys' share 12 ,648 .0
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL
SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE #84-
12, THE FEE ORDINANCE OF THE CITY, SPECIFICALLY AMENDING
SECTION 1. WATER AND SEWER, SUB-SECTION B. WATER RATES,
PARAGRAPH a. , PARAGRAPH b. , AND PARAGRAPH c. ; AND SUB-
SECTION C. SEWAGE COLLECTION AND TREATMENT RATES, PARAGRAPH
a. , PARAGRAPH b. , AND PARAGRAPH D. , AND SUB-SECTION G. PAST
DUE ACCOUNT PENALTY, PARAGRAPH a. , PARAGRAPH b. , PARAGRAPH
c. , PARAGRAPH d. , ADDING SUB-SECTION H. TEMPORARY CONNECTION
CHARGE, AND SUB-SECTION I. CONNECTION OF SERVICE; PROVIDING
FOR THE PUBLICATION OF THE CAPTION, PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY.
WE THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS, DO HEREBY ORDAIN THE FOLLOWING SECTION, SUB-SECTIONS
AND PARAGRAPHS TO READ THUS:
SECTION 1 - WATER AND SEWER RATES
B. Water Rates
a. The following monthly water rates shall apply
to customers within the corporate limits of
the City of Wylie, Texas.
First 2000 gallons $7 .75
(minimum monthly charge)
Next 4,000 gallons $2.00 per 1,000 gallons
Next 4,000 gallons $1.65 per 1,000 gallons
Over 10 ,000 gallons $1.55 per 1,000 gallons
b. The monthly water rate charge for customers
located outside the corporate limits of the
City of Wylie, Texas shall be 2 .0 times the
rate charged customers inside the corporate
limits of the City of Wylie.
c. The minimum monthly water rate for non-
residential users shall be $11 .25.
C. Sewage Collection and Treatment Rates
a. The following monthly sewage collection and
treatment rates shall apply to all
residential customers of the City of Wylie,
Texas with a maximum charge of $20 .00 per
month.
First 2 ,000 gallons of water $7.75
(minimum monthly charge)
Next 4 ,000 gallons of water $1 .75 per 1 ,000
gallons.
Next 4 ,000 gallons of water $1 .45 per 1 ,000
gallons.
Over 10 ,000 gallons of water $1 .00 per 1 ,000
gallons.
b. A $12.00 minimum monthly sewage collection
and treatment charge for non-residential
shall be in accordance with schedule above,
but with no maximum. Any industrial
surcharge shall be in addition to the above
1
schedule and in accordance with the details
of the Industrial Waste Ordinance.
d. Sewer Fee - A sewer fee of $11 .00 shall be
charged for each apartment unit, multiple
family unit or mobile home space and special
areas such as washateria, swimming pools,
etc. , where the apartment, multiple family
development or mobile home park is on a
master meter with the City of Wylie.
G. Past Due Account Penalty
a. All utility bill payments are due by the 16th
day from the date of the bill except when the
16th day falls on Saturday, Sunday or legal
holiday under which condition they are due by
5:00 p.m. local time on the next working day.
b. Utility customers with accounts unpaid as of
the close of business on the 16th day from
the date of the bill will be notified that
the water service will be terminated ten (10)
days from the date of the notification of
non-payment. In the event that the tenth
(10th) day falls on a Saturday, Sunday or
legal holiday, the water service shall be
terminated the following working day. In
such event, the unpaid amount will be charged
against the customers deposit at time of
discontinuance of service.
c. If it is necessary to terminate water and
sewer service for non-payment of account, a
charge of $30 .00 plus any unpaid amount shall
be paid prior to the restoration of the
service between the hours of 8:00 a.m. and
5:00 p.m. , local time. After regular service
hours, weekends and holidays, the charge
shall be $45.00.
d. If water and sewer service are terminated by
customer request, the charge for restoring
the service shall be $10.00 which will be
added to the next months bill.
H. Temporary Connection Charge - A fee of fifteen
dollars ($15 .00) shall be paid in advance for
temporary water service to a utility customer for
such activities such as cleaning , plumbing checks,
remodeling and so forth. This service will be for
three (3) working days, excluding the date the fee
is paid.
I . Connection of Service - connection of utility
service shall be made by the end of the next
working day service basis if so requested by the
customer. Applications for services and deposits
received by 10:00 a.m. will be endeavored to have
service before the end of that work day.
Applications and deposits received after 10:00
a.m. shall be connected before the end of the next
working day if so requested by the customer.
PUBLICATION:
The caption of this Ordinance shall be published
one time in the official newspaper of the City of
Wylie.
2
SEVERABILITY:
It is hereby declared to be the intention of the
City Council that should the sections, paragraphs,
sentences, clauses and phrases of this Ordinance
be declared unconstitutional or invalid by the
valid judgement or decree of any court of
competent jurisdiciton, such unconstitutionality
or invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs,
or sections of this Ordinance, since the same
would have been enacted by the City Council
without the incorporation in this Ordinance of
unconstitutional or invalid phrases, clauses,
sentences, paragraphs, or sections.
EFFECTIVE DATE:
This Ordinance shall become effective on the 1st
day of February 1987 .
PASSED AND APPROVED ON THIS THE 13TH DAY OF JANUARY 1987 BY
THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS.
Chuck Trimble, Mayor City of Wylie
ATTEST:
Carolyn Jones, City Secretary
3i°
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL
SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE #84-
12, THE FEE ORDINANCE OF THE CITY, SPECIFICALLY AMENDING
SECTION 1. WATER AND SEWER, SUB-SECTION B. WATER RATES,
PARAGRAPH a. , PARAGRAPH b. , AND REPEALING PARAGRAPH c. ; AND
SUB-SECTION C. SEWAGE COLLECTION AND TREATMENT RATES,
PARAGRAPH a. , PARAGRAPH b. AND PARAGRAPH d. AND SUB-SECTION
G. PAST DUE ACCOUNT PENALTY, PARAGRAPH a. , PARAGRAPH b. ,
PARAGRAPH c. , PARAGRAPH d. , ADDING SUB-SECTION H. TEMPORARY
CONNECTION CHARGE; AND SUB-SECTION I . CONNECTION OF SERVICE.
WE THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS DO HEREBY ORDAIN THE FOLLOWING SECTION, SUB-SECTIONS
AND PARAGRAPHS TO READ THUS:
SECTION 1. - WATER AND SEWER RATES
B. Water Rates
a. The following monthly water rates shall apply
to all customers within the corporate limits
of the City of Wylie, Texas.
Water Availability Charge $5 .50 per mo.
Volume Charge for all Consumption. . . .$1 .55
per 1,000 galons.
b. The monthly water rate charge for customers
located outside the corporate limits of the
City of Wylie, Texas shall be 2.0 times the
rate charged customers inside the corporate
limits of the City of Wylie.
C. Sewage Collection and Treatment Rates
a. The following monthly sewage collection and
treatment rates shall apply to all
residential customers of the City of Wylie,
Texas with a maximum charge of $20 .00 per
month.
Wastewater (sewer) Availability Charge.$6 .00
per month.
Volume charge based upon all water
consumption $1.00 per 1 ,000 gallons of
water consumption.
b. A $12.00 minimum monthly sewage collection
and treatment charge for non-residential
shall be in accordance with schedule above,
but with no maximum. Any industrial
surcharge shall be in addition to the above
schedule and in accordance with the details
of the Industrial Waste Ordinance.
d. Sewer Fee - A sewer fee of $11.00 shall be
charged for each apartment unit, multiple
family unit or mobile home space and special
areas such as washateria, swimming pools,
etc. , where the apartment, multiple family
development or mobile home park is on a
master meter with the City of Wylie.
G. Past Due Account Penalty
a. All utility bill payments are due by the 16th
day from the date of the bill except when the
1
16th day falls on Saturday, Sunday or legal
holiday under which condition they are due
not later than 5:00 p.m. local time on the
next working day.
b. Utility customers with accounts unpaid as of
the close of business on the 16th day from
the date of the bill will be notified that
the water service will be terminated 10 days
from the date of the notification of non-
payment. In the event that the 10th day
falls on a Saturday, Sunday or legal holiday,
the water service shall be terminated the
following working day. In such event, the
unpaid amount will be charged against the
customers deposit at time of discontinuance
of service.
c. If it is necessary to terminate water and
sewer service for non-payment of account, a
charge of $30.00 plus any unpaid amount shall
be paid prior to the restoration of the
service between the hours of 8 :00 a.m. and
5:00 p.m. , local time. After regular service
hours, weekends and holidays, the charge
shall be $45.00 .
d. If water and sewer service are terminated by
customer request, the charge for restoring
the service shall be $10 .00 which will be
added to the next months bill.
H. Temporary Connection Charge - A fee of fifteen
dollars ($15.00) shall be paid in advance for
temporary water service to a utility customer for
activities such as cleaning , plumbing checks,
remodeling and so forth. This service will be for
three (3) working days, excluding the date the fee
is paid.
I . Connection of Service - Connection of utility
service shall be made by the end of the next
working day service basis if so requested by
customer. Applications for services and deposits
received by 10:00 a.m. by the Finance Dept . will
be endeavored to have service before the end of
that working day. Applications and deposits
received after 10:00 a.m. shall be connected
before the end of the next working day if so
requested by customer .
PUBLICATION:
The caption of this Ordinance shall be published
one time in the official newspaper of the City of
Wylie.
SEVERABILITY:
It is hereby declared to be the intention of the
City Council that should the sections, paragraphs,
sentences, clauses and phrases of the Ordinance be
declared unconstitutional or invalid by the valid
judgement or decree of any court of competent
jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or
sections of this Ordinance, since the same would
have been enacted by the City Council without the
incorporation in this Ordinance of
unconstitutional or invalid phrases , clauses,
sentences, paragraphs, or sections.
2
.2✓
EFFECTIVE DATE:
This Ordinance shall become effective on the 1st
day of February 1987 .
PASSED AND APPROVED ON THIS THE 13TH DAY OF JANUARY 1987 BY
THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS
Chuck Trimble, Mayor, City of Wylie
ATTEST:
Carolyn Jones, City Secretary
3
ORDINANCE NO.
BEING AN AMENDMENT TO ORDINANCE #84-12 PROVIDING A SEVERANCE
CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS:
That Section 2 of Ordinance #84-12 is hereby amended so that
the amended Ordiance reads as follows;
SECTION 2. Construction Permits and Fees
D. Mechanical Permits and Fees - The following
charges are made for mechanical projects in conjunction with
residential, commercial or industrial projects prior to the
start of construction.
a. Each mechanical certificate fee shall be $10. 00 for
each project.
b. The mechanical inspection fee shall be as follows:
MECHANICAL VALUE INSPECTION FEE
Up to $1, 000 in value $30. 00
Over a $1, 000 in value but $30. 00 plus $20. 00 for
less than $10, 000 in value each $1, 000 in value
or fraction thereof not
not to exceed $100
Over $10, 000 in value but less 1% of total evaluation
$100, 000 in value
In excess of $100, 00 in value . 5% of total evaluation
SECTION 3. SEVERABILITY
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable and if any
phrase, clause, sentence or section of this ordinance shall
be declared unconstitutional or invalid by any judgement or
decree of a court of competent jursidiction, such
unconstitutionality or invalidity shall not affect any other
remaining phrase, clause, sentence, paragraph, or section of
this ordinance; and the City Council hereby declares it
would have passed the remaining portions even though it had
known the affected parts would be held unconstitutional.
SECTION 4. PENALTY
Any person, firm, corporation or other entity who is found
guilty of violating the terms of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction of any
such violation, shall be subject to a fine not exceed the
amount permitted by State Law.
SECTION 5. PUBLICATIONS
The caption of this ordiance shall be published one time in
a newspaper of general distribution in the City of Wylie.
SECTION 6. EFFECTIVE DATE
This ordiance shall become effective upon its publication in
a newspaper of general circulation.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
THE DAY OF 1986.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
r
ORDINANCE NO.
BEING AN ORDINANCE PROHIBITING THE DELIVERY OR USE OF
VOLATILE SUBSTANCE AS INTOXICANTS, PROVIDING FOR A PENALTY
CLAUSE, PROVIDING A SEVERANCE CLAUSE, PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS: The City of Wylie presently has no ordinance
prohibiting the delivery or abuse of volatile inhalants, and
WHEREAS: The City Council of the City of Wylie deems it
necessary to have such controls to protect the health,
safety and welfare of it' s citizens therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS, THAT:
This ordinance shall be known as the " Intoxication by
Volatile Substances Ordinance of the City of Wylie".
SECTION 1. INTOXICATION-VOLATILE SUBSTANCES
(A. ) Definitions.
In this Ordinance;
Deliver means the actual or constructive transfer from one
person to another. This term also includes an offer to
sell.
Intoxication means the loss of the normal use of a person' s
mental or physical faculties.
Volatile substance means any substance, including any vapor
emitted therefrom, which contains:
ACETONE
AMYLACETATE
BENZOL OR BENZENE
BUTYL ACETATE
BUTYL ALCOHOL
CARBON TETRACHLORIDE
CYCLOHEXANONE
ETHANOL OR EYTHL ALCOHOL
ETHYL ACETATE
HEXANE
ISOPROPANOL OR ISOPROPYL ALCOHOL
ISOPROPYL ACETATE
METHYL "CELLOSOLVE" ACETATE
METHYL ETHYL KETONE
METHYL ISOBUTYL KETONE
TOLUOL OR TOLUENE
TRICHLOROETHYLENE
TRICRESYL PHOSPHATE
XYLOL OR XYLENE
Any and all other chemicals or combinations of chemicals
which the inhalation thereof will cause intoxication.
SECTION 2. OFFENSE FOR USE OR DELIVERY OF VOLATILE
SUBSTANCES.
A person commits an offense if he:
(a) Inhales or otherwise induces into his respiratory or
circulatory system a volatile substance with the intent of
producing intoxication; or
(b) Delivers a volatile substance to:
( 1 ) A person whom deliverer believes or has reason to
believe will use the substance in violation of Sec. 2 (a) or
(2) A person under eighteen ( 18) years of age, who is
not accompanied by a parent or guardian consenting to the
delivery of the volatile substances.
SECTION 3. PENALTY.
An offense under the terms of this ordinance is a class "C"
misdemeanor and punishable by a fine not to exceed the
maximum permitted by state law.
SECTION 4. SEVERABILITY .
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses
and phrases of this ordinance are severable and if any
phrase, clause, sentence or section of this ordinance shall
be declared unconstitutional or invalid by any judgement or
decree of a court of competent jursidiction, such
unconstitutionality or invalidity shall have no affect any
other remaining phrase, clause, sentence, paragraph, or
section of this ordinance; and the City Council hereby
declares it would have passed the remaining portions even
though it had known the affected parts would be held
unconstitutional.
SECTION 5. PUBLICATION.
The caption, of this ordinance shall be published one time in
a newspaper of gerneral distribution in the City of Wylie.
SECTION 6. EFFECTIVE DATE.
This ordinance shall become effective upon it' s publication
in a newspaper of general circulat ion.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
THE DAY OF , 1987.
Chuck Trimble, Mayor
ATTEST:
Carolyn Janes, City Secretary
ORDINANCE NO.
BEING AN ORDINANCE CONTROLLING THE DISCHARGE OF FIRE ARMS
AND OTHER WEAPONS WITH IN THE CITY LIMITS OF THE CITY OF
WYLIE, CONTAINING A PENALTY CLAUSE, CONTAINING A SEVERANCE
CLAUSE, CONTAINING A PROVISION FOR PUBLICATION AND PROVIDING
AN EFFECTIVE DATE:
WHEREAS: The City of Wylie presently has no ordinance
controlling the discharge of fire arms and other weapons
within the City of Wylie and ;
WHEREAS: The City Council has declared that such an
ordinance is required to protect the Health, Safety, and
Welfare of its citizens;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS THAT:
SECTION 1. UNLAWFUL DISCHARGE OF FIREARMS AND WEAPONS
From and after the effective date of this ordinance it shall
be unlawful to discharge or cause to be discharged within
the city limits of the City of Wylie, Texas the following
weapons:
A. Any firearm, rifle, shotgun, automatic rifle,
revolver, pistol, or any other weapon desgined for the
purpose of firing or discharging a shell or cartridge,
whether such shell or cartridge is blank or live ammunition,
or
B. Any B-B gun, pellet gun, air rifle, bow and arrow,
or other device, manufactured, altered or intended to cause
any material, item or thing to become a projectile.
SECTION 2. EXCEPTIONS
The provisions of this ordinance shall not apply in, the
following situations:
A. Police Officers while in the performance of their
official duties,
B. Where a special permit application describing in
detail the request of the applicant, has been filed with the
City Secretary, reviewed by the Chief of Police and approved
by the City Council.
C. Where blank cartridges are used to indicate the
beginning of a sporting event under the auspicies of the
schools or when such sporting event is in conjunction with
other activities approved by the City Council.
SECTION 3. PENALTY
Any person, firm, corporation or other entity who is found
guilty of violating the terms of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction of any
such violation, shall be subject to a fine not to exceed the
amount permitted by State Law.
SECTION 4. SEVERABILITY
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable and if any
phrase, clause, sentence or section of this ordinance shall
be declared unconstitutional or invalid by any .judgement or
decree of a court of competent jursidiction, such
unconstitutionality or invalidity shall not affect any other
remaining phrase, clause, sentence, paragraph or section of
this ordinance; and the City Council hereby declares it
would have passed the remaining portions even though it had
known the affected parts would be held unconstitutional.
SECTION 5. PUBLICATIONS
The caption of this ordinance shall be published one time in
a newspaper of general distribution in the City of Wylie.
SECTION 6. EFFECTIVE DATE
This ordinance shall become effective upon its publication
in a newspaper of general circulation.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
THE DAY OF 1986.
Joe Fuigham, Mayor Pro-Tem
ATTEST:
Carolyn Jones, City Secretary
ORDINANCE NO.
AND ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL
SUBDIVISION OF THE STATE OF TEXAS, AMENDING THE CITY'S
ZONING ORDINANCE, ORDINANCE NO. 81-5, SPECIFICALLY SECTION
16 "R" RETAIL DISTRICT, SUB-SECTION 16.1 USE REGULATIONS;
SECTION 17 "B1" BUSINESS DISTRICT, SUB-SECTION 17.1 USE
REGULATIONS; SECTION 18 "B2" BUSINESS DISTRICT, SUB-SECTION
18.1 USE REGULATIONS; AND SECTION 19 "I" INDUSTRIAL
DISTRICT, SUB-SECTION 19.1 USE REGULATIONS; PROVIDING FOR
PUBLICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie has deemed
it necessary and appropriate to amend the
following sections and sub-sections of Ordinance
No. 81-5 to read as follows :
SECTION 16: "R" RETAIL DISTRICT
16 .1 Use Regulations: A building or premise shall be
used only for the following purposes:
1 . Banks or Savings & Loan w/wo Drive Thrus
2. Clinic, Medical or Dental
3. Laboratory, Medical or Dental
4. Office, General
5. Optical Shop
6. Studio, Art, Music, Drama, Speech
7 . Letter, Photocopy & Printing Shop
8 . Garden Shop and Plant Sales, Inside
9 . Veterinarian Office, No hospital
10 . Florist Shop
11 . Antique Shop, enclosed
12. Bakery or Confection Shop, Retail
13 . Barber or Beauty Shop
14 . Book, Camera or Card Shop
15 . Clothing and Apparel Store
16. Cleaning & Laundry Pick-up Station
17 . Discount, Variety or Department Store
18 . Drug Store
19 . Drapery, Needlework or Weaving Shop
20 . Supermarket
21 . Furniture and Appliance
22 . Handicraft or Hobby Shop
23 . Key Shop
24 . Laundry or Dry Cleaning, Self-service
1
25. Health Studio
26. Paint, Wallpaper and Hardware
27 . Personal Service Shop
28 . Photography Studio
29 . Shoe Repair
30. Restaurant w/wo Drive Thru Service
31. Tool Rental (Inside only)
32 . Auto Parts and Accessories, New
33 . Medical Appliances, Fitting & Sales
34. Bus Pick-up Point
35. Motion Picture Theatre, Indoor
36 . Hotel or Motel
37. Public Buildings Including Fire Stations &
Library
38. Private or Business Radio Tower
39 . Water Reservoirs, Pumping Plants and Wells
40 . Telephone or Utility Business Office
41 . Telephone Exchange, Switching & Transmitting
Equip.
42. Sewage Pumping or Lift Station
43 . Church, Synogogue or Rectory
44. School, Private or Public
45 . Day Nursery, or Child Care Center
46. Hospital
47 . Lodge or Fraternal Organization
48 . Nursing Home or Residence Home for Aged
49. Electrical Transmission Lines & Substation
50 . Health/Fitness Centers
51. Public Swimming Pools, Indoor/Outdoor
52 . Radio, TV, Appliance Shop
53 . Other general retail sales of similar nature
and character provided that the business
establishment is subject to the following
conditions:
a. That it be conducted wholly within an
enclosed building.
b. That required yards not be used for
display, sale or storage of merchandise,
or for the storage of vehicles,
equipment, containers or waste material .
2
c. That all merchandise be sold at retail
on the premises.
d. That such use not be objectionable
because of odor, excessive light, smoke,
dust, noise, vibration or similar
nuisance.
The following specific uses when granted in
accordance with Section 22.
1. Heliport
2. Broadcasting Facility, Radios, TV or
Microwave Tower
3. Cemetery or Mausoleum
4 . School , Commercial, Trade or Craft
5. Golf Course, Public or Private
6. Private Club, Serving Alcoholic Beverages
7 . Rodeo or Other Sports Arena
8 . Commercial Amusements, Indoor or Outdoor
SECTION 17: "Bi" BUSINESS DISTRICT
17 .1 Use Regulations: A building or premise shall be
used only for the following purposes.
1. Uses permitted in the "R" Retail District
2 . Gasoline Service Station or Car Care Center
3 . Mortuary or Funeral Home
4. Feed Store
5. Restaurant with Drive-In Service
6 . Secondhand, Furniture, Clothing Store
7 . Quick Service Food or Beverage Shop
8 . Car Wash
9 . Auto Glass, Muffler & Seat Cover
10. Automobile or Motorcycle Sales (Indoor)
11 . Building Materials Sales
12. Lawn Equipment Repair
13. Radio, TV or Microwave Tower
14 . LTD Warehousing & Distribution
15. Pest Control Business
The following specific uses when granted in
accordance with Section 22.
1 . Heliport
2 . Cemetery
3 . Commercial Amusements, Indoor or Outdoor
`3
4 . Golf Course, Public or Private
5. Private Club, Serving Alcoholic Beverages
6 . Open Storage, Fenced
7 . Rodeo or Other Sports Arena
SECTION 18: "B2" BUSINESS DISTRICT REGULATIONS
18 .1 Use Regulations: A building or premise shall be
used only for the following purposes:
1 . Uses permitted in the B1 Business District
and R Retail District.
2. Public or Private Utility Shop & Maint.
3. Public & Private Amusements (see exceptions)
4 . Animal Clinic or Hospital w/outside runs
5. Plant Nursery or Greenhouse
6 . Kennels with Outside Run
7 . Tool & Trailer Rental , Outside Storage
8 . Auto or Motorcycle Sales, New or Used
9. Automobile Repair Garage
10 . Auto Painting or Body Shop
11 . Auto Storage or Sales Lot
12 . Mobile Home Sales
13. Truck Parking Lot or Garage
14 . Swimming Pool , Commercial Outside
15. Bus Terminal
16 . Dry Cleaning Plant or Laundry
17 . Engine or Motor Repair
18 . Machinery Sales
19 . Machine or Welding Repair Shop
20 . Vehicle Rental Business
21 . Lumber Yard
22 . Maint. or Contractor Yard
23. Tennis Courts, Commercial
24 . Plumbing, Heating & Air Cond. Shops
25 . Mini or Convenience Warehouse
26 . Bowling Alleys
The following specific uses when granted in
accordance with Section 22 :
1. Airport, Heliport or Landing Field
2 . Cemetery or Mausoleum
4
3. Commercial Amusements, Indoor or Outdoor
4. Golf Course, Private or Public
5. Private Club, Serving Alcoholic Beverages •
6 . Rodeo or Other Sports Arena
7. Theatre, Drive-In
8 . Animal Pound, Public or Private
SECTION 19: "I" INDUSTRIAL DISTRICT
1 . Any use permitted in the B2 Business
District, B-i Business District and R Retail
District except child care facilities,
hospitals, nursing home, schools (other than
trade) .
2. Stables, Private or Commercial
3 . Swimming Pool , Commercial or Private, Outside
4. Animal Pound, Public or Private
5 . Warehouse & Enclosed Storage
6. Light Fabrication & Assembly Processing
facilities for the manufacturing,
fabrication, processing, or assembly of
products; provided that such facilities are
completely enclosed and provided that no
effects from noise, smoke, glare, vibration,
fumes or other environmental factors are
measurable at the property line.
7 . Manufacturing Processes - all other
facilities for the manufacturing, fabrication
processing or assembly of products; provided
that such facilities are not detrimental to
the public health, safety or general welfare
and provided that the following performance
standards and city ordinances are met:
a. Smoke: No operation shall be conducted
unless it conforms to the standards
established by State health rules and
regulations pertaining to smoke
emission;
b. Particulate Matter: No operation shall
be conducted unless it conforms to the
standards established by State health
rules and regulations pertaining to
emission of particulate matter;
c. Dust Odor, Gas, Fumes, Glare, or
Vibration: No emission of these matters
shall result in a concentration at or
beyond the property line which is
detrimental to the public health, safety
or general welfare or which causes
injury or damage to property; or as said
emissions conform to the standards
established by State health rules and
regulations pertaining to said
emissions.
d. Radiation Hazards and Electrical
Disturbances: No operation shall be
-/5
conducted unless it conforms to the
standards established by State health
rules and regulations pertaining to
radiation control .
e. Noise: No operation shall be conducted
in a manner so that any noise produced
is objectionable due to intermittence,
beat frequency or shrillness. Sound
levels of noise at the property line
shall not exceed 75 DB (A) permitted for
a maximum of fifteen (15) minutes in any
one (1) hour; or as said operation
conforms to the standards established by
State health rules and regulations or
other city ordinances pertaining to
noise; and
f. Water Pollution: No water pollution
shall be be emitted by the manufacturing
or processing. In a case in which
potential hazards exist, it shall be
necessary to install safeguards
acceptable to the appropriate State
health and environmental protection
agencies.
8 . Cabinet Shop
9. Newspaper or Commercial Print
10 . Bakery & Confectionay Wholesale
11. Bottling Plant
12. Motor Freight Terminal
The following specific uses when granted in
accordance with Section 22 :
1. Airport, Heliport or Land Field
2 . Cemetery or Mausoleum
3 . Commercial Amusements, Indoor or Outdoor
4. Golf Course, Private or Public
5. Private Club, Serving Alcoholic Beverages
6 . Junk or Salvage Yards
7 . Other manufacturing and industrial uses which
are within the following categories:
a. Uses which do not meet the general
definition for manufacturing processes
may be permitted by the City Council
after public hearing and review of the
operational characteristics and other
pertinent data affecting the community' s
general welfare. Approval of uses under
this definition shall be made in
accordance with Section 22 .
PUBLICATION:
The caption of this ordinance shall be published
one time in the Wylie News, the official newspaper
of the City of Wylie.
6
SEVERABILITY:
It is hereby declared to be the intention of the
City Council that should the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance
be declared unconstitutional or invalid by the
valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality
or invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs,
or sections of this Ordinance, since the same
would have been enacted by the City Council
without the incorporation in this Ordinance of
unconstitutional or invalid phrases, clauses,
sentences, paragraphs, or sections.
EFFECTIVE DATE:
This ordinance shall become effective immediately
upon approval and passage by the City Council of
the City of Wylie and upon publication of the
caption in the Wylie News, the official newspaper
of the City of Wylie.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE
ON THIS THE 13TH DAY OF JANUARY 1987.
Chuck Trimble, Mayor, City of Wylie
ATTEST:
Carolyn Jones, City Secretary
7
ORDINANCE NO. _________________
BEING AN ORDIANNCE CONTAINS REGULATIONS FOR PREMISES SERVING
ALCOHOLIC BEVERAGES, PROVIDING FOR PROCESSING FEES,
PROVIDING ENFORCEMENT PROVISIONS, CONTAINING A SEVERANCE
CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS: The City of Wylie, Texas presently has no
criteria to control the density or locations of private
clubs serving alcoholic beverages and :
WHEREAS: The City Council of the City of Wylie, Texas
has determined that such controls are necessary to protect
the health, safety and welfare of it' s citizens therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS:
REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES;
In order to protect the general health, well being and
welfare of the citizens of Wylie, Texas, the City Council of
the City of Wylie declares it to be the policy of the City
that private clubs for the consumption of alcoholic
beverages shall not be permitted within the City of Wylie
without such establishment having first secured a special
use permit approved by the City Council under the terms and
regulations of this Ordinance. Consideration of an
application for such special use permits by the City Council
shall follow a recommendation by the Planning and Zoning
Commission and payment of a two hundred fifty ($250. 00)
application fee.
2. 1 Service and consumption of alcoholic beverages in a
Planned Development (PD) may be allowed subject to inclusion
in and approval of the PD regulations by the City Council.
Such PD regulations shall control to the exclusion of this
Ordinance other than compliance with the provisions of the
Texas Liquor Control Act.
2. 2 Establishments seeking to qualify under this Ordinance,
except those in a PD, must be located in a area zoned
"Retail, B-1, B-2 or Industrial " as those terms are defined
in the comprehensive zoning ordinance of this City, and such
premises shall not be located within one thousand ( 10001 ) of
the property line of any church, public or parochial school,
hospital, extended care facility, or public park nor shall
such premises be permitted within three hundred (3005 ) of
any area zoned "SF-1, SF-2, SF-3, SFA, 2F, MH or MF".
The distances shall be measured from the front door of the
premises to the nearest property line of a church, shcool,
hospital, extended care facility, or public park, or
residential zoned area.
2. 3 Any restaurant in operation at the date of passage of
this Ordinance located in or " I " zone which
otherwise qualifies under all other operational requirements
of this Ordinance may receive a special use permit if
application is made within three months of the date of
passage of this Ordinance.
^!�
�� ,/
2. 4 Establishments for the sale or consumption of alcoholic
beverages shall be located within an area containing 10
acres or more in size and zoned "R", "B-1 ", "B-2" or " I "
and/or any contiguous combination of these zoning districts.
Said area need not be under single ownership and areas
separated by a minor or secondary street are to be
considered contiguous for determination of the acreage
requirement. Where areas are separated by a thoroughfare,
existing or proposed, they shall be considered separate
areas for determining acreage requirements as set forth in
this Ordinance.
2. 5 Exemptions: Nationally recognized social or fraternal
organizations, as defined by the Texas Alcoholic Beverage
Commission, are exempt from the acreage and food sales
provisions of this section.
31___O����tig��l_R����l�ti[���
3. 1 Not less that sixty percent (60%) of the gross receipts
of such establishment shall be derived from the sale of food
consumed on the premises. Food service shall be available
at any time alcoholic beverages are being served. The
service of alcoholic beverages without food is prohibited in
dining areas and is restricted to a bar or lounge area as
described in this Ordinance. The holder of such permit
shall provide sales tax reports and alcoholic beverage sales
reports as described in Section 4.
3. 2 Such establishments shall contain a minimum of one
hundred twenty ( 120) dining seats, allowing a minimum of
twelve ( 12) square feet of dining area per dining chair;
calculation of the square feet of dining area to exclude
kitchen and storage areas, bar and lounge areas, and cashier---
and reception areas.
3. 3 Such establishment shall comply with all of the
provisions of the Texas Liquor Control Act and receive a
private club permit from the State of Texas within six (6)
months from the date of issuance of the special use permit
by the City, each such limitation in time being subject to
extension by the City Council.
3. 4 The City Council may revoke a special use permit upon
the finding that any of the operational requirements imposed
at the time of granting the permit are not met or thereafter
cease to exist. Said special use permit shall be subject to
review based on recommendation from the Police Department
that the public safety has been or is being jeopardized.
The City Manager or his designated representative and Chief
of Police are specifically authorized to receive, accept ,
and investigate complaints from any source.
3. 5 A private club with a bar or lounge area shall be
designed so that patrons can enter only from an area within
the primary use, e. g. the dining or reception area of a
restaurant, hotel or motel. Emergency exits direct to the
outside are permitted.
3. 6 No signs advertising the sale of alcoholic beverages
shall be permitted other than those authorized under the
Liquor Control Act of the State of Texas and the city sign
ordinance,
3. 7 Extended hours permits as defined in the Texas
Alcoholic Beverage Code shall only be granted by separate
action of the City Council after review and recommendation
of the Planning and Zoning Commission.
4:___A�dit_R�Q�i�����t�
4. 1 The permittee of each Private Club in the city which
has been in operation for at least six (6) months prior to a
December 31st calendar year shall supply monthly reports of
liquor sales as required by Texas Alcoholic Beverage
Commission and sales tax reports as required the Comptroller
Office. The reports shall be delivered to the City Manager
or his duly authorized representative.
4. 2 It shall be unlawful for the operator of a private club
to fail to furnish monthly reports as described in Section
4. 1.
51...PMbliP_HMMAng
In the event of apparent non-compliance as determined by the
City Manager or his designated representative, a public
hearing may be scheduled for a future City Council meeting,
for the purpose of determining such compliance or non-
compliance of the permittee for the audit year with the
requirements of this Ordinance for the operation of a
Private Club. The permittee shall be given at least ten
( 10) days written notice of the date, time, and place of the
public hearing.
A Special Use Permit shall remain in full force and effect
pending such public hearing.
6. 1 At such public hearing, the permittee may appear in
person, or by attorney or representative, and shall further
have the right to cross-examine witnesses, and to offer such
evidence and testimony as he desires with regard to
compliance or non-compliance as described above. Upon
hearing all evidence with regard to the matter, the City
Council shall enter an order finding compliance or non-
compliance on the part of the permittee. If the order finds
compliance, the matter shall be concluded for that audit
year.
6. 2 If the order finds non-compliance for the audit year,
the City Council shall further provide for one of the
following actions:
A. ) Immediate suspension of the permittee' s operation of
the Private Club on the premises; and immediate
implementation of procedures to revoke and delete the
Special Use Permit for a Private Club designation from the
zoning of the permittee' s property; or
B. ) Establishment of a six-month period of probation
during which the permittee may continue operations under its
Special Use Pemit for a Private Club. The purpose of this
probationary period is to allow the permittee to come into
compliance with the requirements which were found to be non-
compliant as a result of the public hearing.
6. 3 At the end of the probationary period, if same is
ordered. an additional audit shall be performed at
permittee' s expense. The auditor shall be selected and
engaged by the City Council. The purpose of the audit shall
be to determine compliance or non-compliance of the
permittee during the entire probationary perid with all
requirements of this Ordinance.
��
6. 4 Upon completion of such audit, the original copy shall
be furnished to the City Council, with a copy to the
permittee.
Upon receipt by the City of Wylie of an audit of a
permittee' s probationary period, the matter shall be
scheduled for consideration at City Council meeting.
Written notice shall be given to the permittee. Me,
permittee, his representative or attorney, shall have the
right to appear at such meeting and to present any testimony
or evidence regarding compliance or non-compliance with the
Ordinance, or even the results of the audit, as may be
desired. Upon hearing of all evidence and testimony, the
City Council shall enter an order finding compliance or non
compliance with requirements of this Ordinance.
If the order finds compliance, the probationary perid shall
be ended, and permittee' s operations under the Special Use
Permit may be continued.
If the order finds non-compliance, the permittee shall
immediately cease the operation of the Private Club on the
premises. Procedures shall immediately be implemented on
behalf of the City of Wylie to revoke and delete the Special
Use Permit for a Private Club designation from the zoning
for the permittee' s property.
6. 5 All specific use permits granted under the provisions
of this section shall expire December 31st of the year
issued and may be renewed annually by payment of a two
hundred ($200. 00) dollar renewal fee provided that all
sections of this ordinance have been complied with.
6. 6 All specific use permits approved in accordance with
the provisions of this Section shall only be issued to the
applicant whose name appears on the application and shall be
valid only as long as the said applicant owns the private
club. Upon notification that an existing private club has
ceased or will cease operations, a public hearing may be
initiated by the City Council to consider rescinding the
specific use permit which had been approved for that private
club. Any cessation of the use granted by the specific
use permit for a period longer than 180 days shall require
the owner to reapply for said permit.
6. 7 A Special Use Permit for the operation of a Private
Club shall not be issued for a period of one year for an
establishment which has had Special Use Permit revoked
pursant to Section 3 or Section 4 of this Ordinance.
All private clubs within the City of Wylie shall comply with
terms of this ordinance within three (3) months of it' s
passage. Any existing private club which is annexed by the
City shall be required to comply with the terms of this
ordinance within three (3) months of the time of annexation.
It is intended by the City Council that this Ordinance, and
every provision thereof, shall be considered severable and
the invalidity of any section, clause or provision of this
Ordinance shall not affect the validity of any other portion
of this Ordinance.
��
It shall be unlawful for any person, firm or corporation to
operate a Private Club for the sale or dispensing of
alcoholic beverages without first having secured a Special
Use Permit from the City Council of the City of Wylie.
Operation of a Private Club without first securing a Special
Use Permit shall be deemed a misdemeanor and any person,
firm or corporation convicted thereof shall be fined any sum
not exceeding the maximum amount permitted by state law and
each and every day that such violation continues shall be
considered a separate offense; provided, however, that such
penal provision shall not preclude a suit to enjoin such
violation.
10...WliP0ti9n_W_EffMAM_DW
The Caption of this Ordinance shall be published one time in
a newspaper having general circulation in the City of Wylie,
Texas, and shall be effective immediately after its passage
and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
THE DAY OF , 1987.
------------------------------
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
150
ORDINANCE NO.
BEING AN ORDIANNCE CONTAING REGULATIONS FOR PREMISES SERVING
ALCOHOLIC BEVERAGES, PROVIDING FOR PROCESSING FEES,
PROVIDING ENFORCEMENT PROVISIONS, CONTAINING A SEVERANCE
CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS: The City of Wylie, Texas presently has no
criteria to control the density or locations of private
clubs serving alcoholic beverages and:
WHEREAS: The City Council of the City of Wylie, Texas
has determined that such controls are necessary to protect
the health, safety and welfare of it' s citizens therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS:
REGULATIONS FOR PREMISES SERVING ALCOHOLIC BEVERAGES;
1 : General Policy Provisions
In order to protect the general health, well being and
welfare of the citizens of Wylie, Texas, the City Council of
the City of Wylie declares it to be the policy of the City
that private clubs for the consumption of alcoholic
beverages shall not be permitted within the City of Wylie
without such establishment having first secured a special
use permit approved by the City Council under the terms and
regulations of this Ordinance. Consideration of an
application for such special use permits by the City Council
shall follow a recommendation by the Planning and Zoning
Commission and payment of a two hundred fifty ($250. 00)
application fee.
2: Location of Such Establishments
2. 1 Service and consumption of alcoholic beverages in a
Planned Development (PD) may be allowed subject to inclusion
in and approval of the PD regulations by the City Council.
Such PD regulations shall control to the exclusion of this
Ordinance other than compliance with the provisions of the
Texas Liquor Control Act.
2. 2 Establishments seeking to qualify under this Ordinance,
except those in a PD, must be located in a area zoned
"Retail, B-1, B-2 or Industrial " as those terms are defined
in the comprehensive zoning ordinance of this City, and such
premises shall not be located within one thousand (1000' ) of
the property line of any church, public or parochial school,
hospital, extended care facility, or public park nor shall
such premises be permitted within three hundred (300' ) of
any area zoned "SF-1, SF-2, SF-3, SFA, 2F, MH or MF".
The distances shall be measured from the front door of the
premises to the nearest property line of a church, shcool,
hospital, extended care facility, or public park, or
residential zoned area.
2. 3 Any restaurant in operation at the date of passage of
this Ordinance located in "R", "B-1 ", "8-2" or "I " zone which
otherwise qualifies under all other operational requirements
of this Ordinance may receive a special use permit if
application is made within ewe-year. of the date of passage
of this Ordinance. 3 Meting
L✓o� _
2. 4 Establishments for the sale or consumption of alcoholic
beverages shall be located within an area containing 10
acres or more in size and zoned "R", "B-1 ", "B-2" or " I"
and/or any contiguous combination of these zoning districts.
Said area need not be under single ownership and areas
separated by a minor or secondary street are to be
considered contiguous for determination of the acreage
requirement. Where areas are separated by a thoroughfare,
existing or proposed, they shall be considered separate
areas for determining acreage requirements as set forth in
this Ordinance. lc(GG,✓r�i'
0IMil' 46
2. 5 Exemptions: and national l 8Y l 1 G
recognized social or fraternal organizations are exempt from
the acreage and food sales provisions of this section.
3: Operational Regulations 60
fb
3. 1 Not less that seventy percent .2e•tr of the gross
receipts of such establishment shall be derived from the
sale of food consumed on the premises. Food service shall
be available at any time alcoholic beverages are being
served. The service of alcoholic beverages without food is
prohibited in dining areas and is restricted to a bar or
ounge area as described in this Ordinance. The holder of) c/ �"
such permit shall provide audits at its expense as more(::
ully set forth in this Ordinance:
2-.0
3. 2 Such establish ents shall contain a minimum of one
hundred fifty dining seats, allowing a minimum of
twelve (12) square feet of dining area per dining chair;
calculation of the square feet of dining area to exclude
kitchen and storage areas, bar and lounge areas, and cashier
and reception areas.
3. 3 Such establishment shall comply with all of the
provisions of the Texas Liquor Control Act and receive a
private club permit from the State of Texas within six (6)
months from the date of issuance of the special use permit
by the City, each such limitation in time being subject to
extension by the City Council.
3. 4 The City Council may revoke a special use permit upon
the finding that any of the operational requirements imposed
at the time of granting the permit are not met or thereafter
cease to exist. Said special use permit shall be subject to
review based on recommendation from the Police Department
that the public safety has been or is being jeopardized.
The City Manager or his designated representative and Chief
of Police are specifically authorized to receive, accept,
and investigate complaints from any source.
3. 5 A private club with a bar or lounge area shall be
designed so that patrons can enter only from an area within
the primary use, e. g. the dining or reception area of a
restaurant, hotel or motel. Emergency exits direct to the
outside are permitted.
Ire 3. 6 Gaming devices, such as billard (pool) tables, pinball 01y 1 1
D ' machines and other coin operated electrical machines shall
not be allowed on such premises.
3. 7 No signs advertising the sale of alcoholic beverages
shall be permitted other than those authorized under the
Liquor Control Act of the State of Texas and the city sign
ordinance.
3. 8 Extended hours permits as defined in the Texas
Alcoholic Beverage Code shall only be granted by separate
action of the City Council after review and recommendation
of the Planning and Zoning Commission.
4: Audit Requirements
4. 1 The permittee of each Private Club in the city which
has been in operation for at least six (6) months prior to a
December 31st calendar year shall select and engage a
Certified Public Accounting firm to conduct an annual audit
V ,��( of the operations of such Private Club during such period.
P°14
The year upon which such audit shall be conducted shall
begin January 1, and end December 31. The purpose of this
C/ ii,2audit shall be to determine whether or not the permittee has
complied with the gross receipt requirements of Section 3. 1.
'�0 The audit shall clearly reflect (1 ) the total gross
receipts of the permittee for the audit year from all
1 operations on the premises for which the Special Use Permit
y for a Private Club is issued; (2) the percentage of such
51(4 gross receipts derived from the sale of food; and (3) the
1 � percentage of such gross receipts derived from the sale of
alcoholic beverages.
4. 2 The audit shall indicate whether or not further inquiry
should be made by the City of Wylie into the permittee' s
operations to determine whether all other requirements for
the operation of a Private Club were satisfied during the
audit year.
4. 3 The audit shall be completed and a copy furnished to
the City Council through the Cityc;Manager' s office not later
than April 1st of the year following the audit year. The
audit shall be performed and a copy furnished to the City
Manager at the sole expense of the permittee.
4. 4 If not received by April 1st, the City Council shall
have the right to select and engage a Certified Public
Accountant firm to perform the audit described herein. The
permittee shall reimburse the City of Wylie for all expenses
incurred in obtaining this audit. ) towru
0 s r-0 FA R 4- o KJ I S 0„: L10' KNOVIls
5: Public Hearing
5R5e- iS hAr ea ne'U , ' /
In the event of apparent non-compliance as determined by the
City Manager or his designated representative, a public
hearing may be scheduled for a future City Council meeting,
for the purpose of determining such compliance or non-
compliance of the permittee for the audit year with the
requirements of this Ordinance for the operation of a
Private Club. The permittee shall be given at least ten
(10) days written notice of the date, time, and place of the
public hearing.
A Special Use Permit shall remain in full force and effect
pending such public hearing.
6: Remedies for Non-Compliance
6. 1 At such public hearing, the permittee may appear in
person, or by attorney or representative, and shall further
have the right to cross-examine witnesses, and to offer such
evidence and testimony as he desires with regard to
compliance or non-compliance as described above. Upon
hearing all evidence with regard to the matter, the City
Council shall enter an order finding compliance or non-
compliance on the part of the permittee. If the order finds
compliance, the matter shall be concluded for that audit
year.
6. 2 If the order finds non-compliance for the audit year,
the City Council shall further provide for one of the
following actions:
A. ) Immediate suspension of the permittee' s operation of
the Private Club on the premises; and immediate
implementation of procedures to revoke and delete the
Special Use Permit for a Private Club designation from the
zoning of the permittee' s property; or
B. ) Establishment of a six-month period of probation
during which the permittee may continue operations under its
Special Use Remit for a Private Club. The purpose of this
probationary period is to allow the permittee to come into
compliance with the requirements which were found to be non-
compliant as a result of the public hearing.
6. 3 At the end of the probationary period, if same is
ordered. an additional audit shall be performed at
permittee' s expense. The auditor shall be selected and
engaged by the City Council. The purpose of the audit shall
be to determine compliance or non-compliance of the
permittee during the entire probationary perid with all
requirements of this Ordinance.
6. 4 Upon completion of such audit, the original copy shall
be furnished to the City Council, with a copy to the
permittee.
Upon receipt by the City of Wylie of an audit of a
permittee' s probationary period, the matter shall be
scheduled for consideration at City Council meeting.
Written notice shall be given to the permittee. The
permittee, his representative or attorney, shall have the
right to appear at such meeting and to present any testimony
or evidence regarding compliance or non-compliance with the
Ordinance, or even the results of the audit, as may be
desired. Upon hearing of all evidence and testimony, the
City Council shall enter an order finding compliance or non-
compliance with requirements of this Ordinance.
If the order finds compliance, the probationary perid shall
be ended, and permittee' s operations under the Special Use
Permit may be continued.
If the order finds non-compliance, the permittee shall
immediately cease the operation of the Private Club on the
premises. Procedures shall immediately be implemented on
behalf of the City of Wylie to revoke and delete the Special
Use Permit for a Private Club designation from the zoning
for the permittee' s property.
6. 5 A11 specific use permits granted under the provisions
of this section shall expire December 31st of the year
issued and may be renewed annually by payment of a two
hundred ($200. 00) dollar renewal fee provided that all
sections of this ordinance have been complied with.
6. 6 A11 specific use permits approved in accordance with
the provisions of this Section shall only be issued to the
applicant whose name appears on the application and shall be
valid only as long as the said applicant owns the private
club. Upon notification that an existing private club has
ceased or will cease operations, a public hearing may be
initiated by the City Council to consider rescinding the
specific use permit which had been approved for that private
club. Any cessation of the use granted by the specific
use permit for a period longer than 180 days shall require
the owner to reapply for said permit.
6. 7 A Special Use Permit for the operation of a Private
Club shall not be issued for a period of one year for an
establishment which has had Special Use Permit revoked
pursant to Section 3 or Section 4 of this Ordinance.
7: Compliance Required
All private clubs within the City of Wylie shall comply with
terms of this ordinance within three (3) months of it' s
passage. Any existing private club which is annexed by the
City shall be required to comply with the terms of this
ordinance within three (3) months of the time of annexation.
8: Severability Clause
It is intended by the City Council that this Ordinance, and
every provision thereof, shall be considered severable and
the invalidity of any section, clause or provision of this
Ordinance shall not affect the validity of any other portion
of this Ordinance.
9: Penalty
It shall be unlawful for any person, firm or corporation to
operate a Private Club for the sale or dispensing of
alcoholic beverages without first having secured a Special
Use Permit from the City Council of the City of Wylie.
Operation of a Private Club without first securing a Special
Use Permit shall be deemed a misdemeanor and any person,
firm or corporation convicted thereof shall be fined any sum
not exceeding the maximum amount permitted by state law and
each and every day that such violation continues shall be
considered a separate offense; provided, however, that such
penal provision shall not preclude a suit to enjoin such
violation.
10: Publication and Effective Date
The Caption of this Ordinance shall be published one time in
a newspaper having general circulation in the City of Wylie,
Texas, and shall be effective immediately after its passage
and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
THE DAY OF , 1986.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE ZONING
ORDINANCE, BY REPEALING SECTION 26 AND ORDAINING A NEW
SECTION 26, GOVERNING SIGNS LOCATED OR TO BE LOCATED WITHIN
THE CITY; PROVIDING DEFINITIONS; PROVIDING FOR APPLICATION
AND ISSUANCE OF PERMITS; CONTAINING CONTINUING REGULATORY
PROVISIONS; CONTAINING APPEAL PROVISIONS; CONTAINING -
SPECIFIC LIMITATION PROVISIONS; CONTAINING PROHIBITED USE OF
SIGNS; CONTAINING AN PENALTY PROVISIONS; PROVIDING FOR
PUBLICATION AND CONTAINING AN EFFECTIVE DATE:
WHEREAS: The City Council has determined that the sign
provisions of the Zoning Ordinance to be insufficient to
adequately regulate the erection and maintenance of signs
and other advertising materials within the City of Wylie,
and,
WHEREAS: The Planning and Zoning Commission has
recommended the passage and adoption of the following
comprehensive sign ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OR WYLIE, TEXAS:
That Section 26 of Ordinance 081-5 as amended by Ordinance
#85-23A is hereby repealed and a new Section 26 is ordained
to read as follows:
ARTICLE_Y-
DEFINITIONS
SECTION_10 For purposes of this ordinance, the following
definitions shall apply, unless clearly indicated to the
contrary:
Erect. The term "erect " shall mean to build,
construct, attach, hang, place, suspend, or affix, and shall
also include the painting of signs on the exterior surface
of a builiding or structure.
Facing or Surface. The word "facing or surface" shall
mean the surface of the sign upon, against, or through which
the message is displaced or illustrated on the sign.
Gross Surface Area of Sign. The "gross surface area
of a sign" is the entire area within a single continuous
perimeter forming a rectangle enclosing the extreme limits
of each sign. In the event two (2) or more signs share a
single structure, each sign or panel may be considered
separately for square footage purposes, provided that each
sign or panel has no relationship to the other, except that
the combined footage of such signs cannot exceed the total
square footage allowed for the sign.
Illuminated Sign. The term " illuminated sign" shall
mean any sign which has characters, letters, figures,
designs or outline illuminated by electric lights, luminous
tubes or other means.
Noncombustible Material. The term "noncombustible
material " shall mean any material which will not ignite at
or below a temperature of twelve hundred ( 1200) degrees
Farenheit, and will not continue to burn or glow at that
tempature.
���
Sign. The term "sign" shall mean and include every
sign, name, number, identification, description,
announcement, declaration, demonstration, device, display,
flag, banner, pennant, illustration, beacon, light or
insignia, and structure supporting building or outdoor
structure, or erected or maintained upon a service, place,
activity, person, institution, orgainization or business.
Any interior illuminated or moving sign or light which is
visible from the exterior may be determined as being erected
on the exterior of the building or structure.
Sign, Advertisng. An "advertising sign" is any sign
which promotes and advertises commodities or services not
limited to being offered on the premises on which such signs
are located. Restricted to B-1, B-2, I Districts.
Sign, Agricultural. An "agricultural sign" is any
sign identifying the farm or ranch on which it is placed and
advertising the produce, crops, animals or poultry raised or
quartered thereon. Ristricted to A use District.
Sign, Apartment. An "apartment sign" is any sign
identifying an apartment building or complex of apartment
buildings. Restricted to MF District.
Sign, Construction. A "construction sign" is any
temporary sign identifying the property owner, architect,
contractor, engineer, landscape architect , decorator or
mortgage engaged in the design, construction or improvement
of the premises on which the sign is located. Permitted in
all Districts but limited one ( 1 ) to a premise.
Sign, Development. A "development sign" is any
temporary on-site promotional sign pertaining to the
development of land, construction of buildings, pavement,
water, wastewater or storm sewer facilities and other
apprentices. Pemitted in all Districts but limited to use
during the development process.
Sign, Directional. A "directional sign" is any sign
temporarily used in directing traffic to residential section
of the city. Permitted in all Districts.
Sign, Flashing. A "flashing sign" is a sign which has
illumination that is alternately turned on and off at a rate
equivalent to, or greater than, twice an hour, excluding
time and temperature signs.
Sign, General Business. A "general business sign" is
any advertising sign which is used to identify a business,
profession, service, product or activity conducted, sold, or
offered on the premises where such sign is located.
Restricted to R, B-11 B-2 and I Districts.
Sign, Ground. A "ground sign" is any sign which is
erected on a vertical framework consisting of two (2) or
more uprights supported by the ground.
Sign, Identification. An " indentification sign" is
any sign which is used to identify shopping centers,
industrial sites, retail districts and commercial sites.
Restricted to R, B-1, B-2 and I Districts.
Sign, Institutional. An " institutional sign" is any
sign or bulletin board used to identify schools, churches,
hospitals and similar public or quasi-public institutions.
Restricted to the premises occupied by the institution.
Sign, Marquee. A "marquee sign" is any sign erected on
a marquee or fixed awning. Restricted to R, B-1, B-2 and I
Districts.
Sign, Name Plate. A "name plate sign" is any sign
showing only the name and address of the owner or occupant
of the premises on which it is erected or placed. Permitted
in all Districts.
Sign, Obsolete. An "obsolete sign" is any sign which
no longer serves a bona fide use or purpose at a specific
location.
Sign, Parapet Wall. A "parapet wall sign" is any sign
erected on the top surface of a parapet wall. Restricted to
R, B-1 , B-2 and I Districts.
Sign, Pole. A "pole sign" is any sign supported by a
single free-standing pole, and having no guys or braces to
the ground or to any structure other than the pole.
Restricted to R, B-1, B-2 and I Districts.
Sign, Projecting. A "projecting sign" is any sign
which projects from a building and which has one end
attached to a building or other permanent structure.
Restricted to R, B-1, B-2 and I Districts.
Sign, Real Estate. A "real estate sign" is any
temporary sign pertaining to the sale or rental of property
and advertising property only for use of which it is legally
zoned. Permitted in all Districts but limited to one ( 1 )
per lot or premise.
Sign, Roof. A "roof sign" is any sign erected on a
vertical framework supported by and located immediately and
entirely over the roof of a building. Restricted R, B-1, B-
2 and I Districts.
Sign, Wall. A "wall sign" is any sign erected flat-
against a wall, supported by the wall, and having the sign
face parallel to and not more than twelve ( 12) inches from
the wall surface. Neon tubing attached directly to a wall
surface shall be considered a "wall sign". A window sign
shall be considered a wall sign. Restricted to R, B-1, B-2
and I Districts.
Structural Trim. The term "structural trim" shall
mean the molding, battens, cappings, nailing strips,
latticing, and platforms which are attached to the sign
structure.
Sign, Government. A "government sign" ia any sign
erected by an agency of the United States Government, the
State of Texas, the County of Collin or the City of Wylie.
Permitted in all Districts.
Sign, Political. A "political sign" is any sign intended
to influence the vote of individuals in any election
campaign. Permitted in all Districts but must comply with 2
(g) and Section 4 (c) .
ARTICLE_II�
ADMINISTRATION
5ECTION_1. Sign Permit Required.
It shall be unlawful for any person to erect, replace,
alter or relocate any sign within the City without first
obtaining a permit to do so from the Building Official,
except as may be hereinafter provided.
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SECTION_Q Non-conforming Existing Signs.
Every sign lawfully in existence on the date of passage
of this ordinance may be repaired without applying for a
permit hereunderr, but no such sign shall be altered or moved
unless a permit be issued pursant to the provisions of this
ordinance.
5ECTION_3, Application for Sign Permit.
Application for a permit required by this ordinance
shall be made upon forms provided by the Building Official,
and shall contain or have attached thereto the following
information:
(a) Sign use classification.
(b) Name, address, and telephone number of the applicant.
(c) Name, address, and telephone number of the owner.
(d) Name, address, and telephone number of the person or
firm erecting the sign.
(e) Location of the building, structure, or tract to which
or upon which the sign is to be attached or erected.
(f) Position of the sign in relation to nearby buildings
or structures or other related signs.
(g) Two (2) copies of plans and specifications showing
materials, methods of construction and attachment to the
building or in the ground.
(h) Copy of stress sheets and calculations prepared by a
registered engineer showing that the structure is designed
for dead load and wind pressure from any direction, as may
be required by this ordinance or by the Building Official.
( i > The zoning classification carried by all property
located within three hundred (300) feet of the property
subject to the application.
(j ) Such other information as the Building Official may
require to show full compliance with this ordinance and all
other laws and ordinances of the City and State.
0E01ION_40 Exemptions From Application for Permit.
Application for permit shall not be required for the
following signs; provided, however, such signs shall
otherwise comply with all other applicable sections of this
ordinance.
(a) Signs not exceeding eight (8) square feet in area,
which advertise the sale, rental or lease of the premises on
which such signs are located, limited to one such sign on
any one lot or premises.
(b) Name plates not exceeding one ( 1 ) square foot in
area.
(c) Temporary political signs set back at least ten ( 10)
feet from sidewalks.
(d) Bulletin boards not exceeding sixteen ( 16) square feet
in area for public, charitable or religious organizations
when the same are located on the premises of the
institution.
(e) Temporary construction signs, not exceeding two (2)
square feet in area, denoting architect, engineer or
contractor, when placed upon premises under construction.
(f) Occupational signs, not exceeding two (2) square feet
in area, denoting only the name and profession of an
occuapant in a commercial builiding or public institutional
building.
(g) Memorial signs or tablet, names of building and date
of erection, when out into any masonry surface or when
constructed of bronze or other noncombustible materials.
(h) Flags, emblems and insignia of any governmental body
and decorative displays for holidays or public
demonstrations which do not contain advertising and are not
used as such.
( i ) On-site directional signs not exceeding eight (8)
square feet, provided such directional signs do not contain
advertising and are not used as such.
(j ) Traffic or other governmental signs, legal notices,
railroad crossing signs, danger, and such emergency,
temporary or nonadvertising signs as may be approved by the
City Manager or his authorized representative.
SEC1I9N_5n Signs Requiring Electrical Inspection.
Every sign utilizing electrical apparatus or
electricity shall comply with the City Electrical Code.
5ECTION_61 Fees.
Every applicant, before being granted a permit
hereunder, shall pay to the City of Wylie a fee as set forth
in the City of Wylie Fee Ordinance for processing and
issuing such permit plus the electrical permit fee for
inspection and certificate.
SECTION_70 Issuance of Permit.
Providing that the Applicant has complied with all
provisions of this ordinance, and that the proposed sign
complies with all provisions of this ordinance, the Building
Official shall issue the sign permit to the Applicant.
SECTNN_S Not to Issue to Persons Previously Failing to
Pay Fees.
The Building Official shall not issue a permit under
the provisions of this ordinance to any person who has
previously failed or refused to pay any fees or costs
assessed against him under the provisions of this ordinance
or under the provisions of any other ordinance or the Fee
Ordinance of the City of Wylie.
SECTION_91 Permit Valid Only for Sixty (60) Days.
If the work authorized by a permit issued under this
division has not been commenced within sixty (60) days after
the date of issuance, the permit shall become null and void.
SECTION_10, Permit Revocable.
The Building Official may suspend or revoke any permit
issued under the provisions of this ordinance whenever he
shall determine that the permit is issued in error or on the
basis of incorrect or false information supplied, or
whenever such permit be issued in violation of any of the
provisions of this ordinance or any other ordinance of this
City or laws of the State of Texas or Federal Government.
Such suspension revocation shall be effective when
communicated in writing to the person to whom the permit is
issued, the owner of the sign or the owner of the premises
upon which the sign is located.
SECTION_1N Inspection.
The Building Official shall 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 is secure or insecure, whether it still serves a
useful purpose and whether it is in need of removal or
repair.
5E0TION_1N Removal of Obsolete Signs.
Any sign which the Building Official determines no
longer serves a bona fide use conforming to this ordinance,
shall be removed by the owner, agent or person having the
beneficial use of the land, building or structure upon which
such sign is located within ten ( 10) days after written
notifiction to do so from the Building Official. It shall
be unlawful for any person, firm or corporation receiving
such written notice to fail to comply with the direction of
the notice, and in the event failure to comply with such
notice, the building inspector is hereby authorized to cause
removal of such sign, and any expense incident thereto shall
be paid by the owner of the land, building or structure to
which such sign is attached or upon which it is erected,
such removal is not positive defense for failure to comply
with the written directive.
SECTION W. Removal or Repair of Unsafe Signs.
If the Building Official shall determine that any sign
is unsafe or insecure, or is a menace to the public, he
shall give written notice of the person or persons
responsible for such sign. If the permittee, owner, agent
or person having the benenficial use of the premises fails
to remove or repair the sign within ten ( 10) days after
written notification to do so from the Building Official, it
shall be unlawful for any person, firm or corporation
receiving such written notice to fail to comply with the
direction of the notice, and in the event of failure to
comply with such notice, the building inspector is hereby
authorized to cause removal of such sign, and any expense
incident thereto shall be paid by the owner of the land,
building or structure to which such sign is attached or upon
which it is erected, such removal is not a positive defense
for failure to comply with written directive.
The Building Official may cause any sign which is an
immediate peril to persons or property to be removed
summarily and without notice.
SECTION 14� Sign Board of Appeals.
Upon proper application thereto the Zoning Board of
Adjustments and Appeals shall have the power to grant
variances from the provisions of this section if it appears
that the provisions would work a manifest injustice, and in
making such determination the Board shall consider such
factors as the type of sign, location, existence of signs in
the general area, and such other factors as they deem
pertinent. 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.
In considering the requests for variation to
requirements of this Ordinance the Board shall consider, but
not limited to, the degree of variance, the reason for the
variance requested, the location of the variance request,
the duration of the requested variance, the effect on public
safety, protection of neighborhood property, the degree of
hardship or injustice involved, and the effect of the
variance on the general plan of regulating signs within the
City. The decision of the Board of Appeals shall be final.
ARTICLE_IIA_
SPECIFIC_LIMITATION_PROVISIONS
SECTION 10 General Sign Provisions.
All signs located or to be located within the City of
Wylie shall conform to the general provisions set forth in
TABLE I, entitled "General Provisions".
SECTION_2, Additional Requirements for Attached Signs
(a) Roof Signs. Roof signs shall be an integral part of
the architectural design of the building and shall be
constructed of noncombustible materials, except molding and
trim. Such signs shall not exceed fifteen ( 15) feet in
height measured from the uppermost part of the sign to the
surface of the roof immediately below. Nor shall any roof
sign exceed the height limit for building fixed by the
Zoning Ordinance of the City of Wylie. Such sign shall not
exceed one hundred twenty-eight ( 128) square feet in area,
and only one ( 1 ) sign shall be allowed per building
structure.
No part of any roof sign shall be located within six
(6) feet of any outside wall nor within seven (7) feet of
the surface of the roof immediately below. All metallic
parts shall be grounded for protection againist lightning.
Roof signs erected on pitched roofs shall not be higher
than three (3) feet above the roof immediately below, nor
less than one ( 1 ) foot above the roof immediately below.
(b) Projecting Signs. The horizontal portion of any
projection sign shall not be more than six feet six inches
(6' 6" ) in length measured from the building face and shall
not be closer than two (2) feet from the back of the curb
line. The height of the sign shall not exceed two (2) feet.
Such signs shall be an integral part of the architectural
design of the building. Vertical clearance shall be subject
to the requirements of paragraphs (e) and (f) of this
Section.
(c) Marquee Signs. Marquee signs erected on the face of
a marquee shall be built as an integral part of the marquee
and shall be constructed of noncombustible material. Such
signs shall not exceed forty (40) square feet or the product
of two (2) times the lineal footage of the building store
frontage for which such sign is intended, whichever is
greater. Such signs shall not have a vertical height of
more than six (6) feet nor exceed seventy-five (75) percent
of the width of such building or store frontage. Further,
the height shall not exceed the building roof line by more
than four (4) feet. Vertical clearance shall be subject to
the requirements of paragraphs (e) and (f) of this Section.
(d) Wall Signs. Wall signs shall not exceed forty (40)
square feet or the product of two (2) times the lineal
footage of the building or store frontage for which such
signs are intended, whichever is greater. Such signs shall
not have a vertical height of more than six (6) feet nor
exceed seventy-five (75) percent of the width of such
building or store frontage. Vertical clearance shall be
subject to the requirements of paragraphs (e) and (f) of
this Section.
(e) Projection Over Public Property. If the vertical
clearance above the surface is less than eight (8) feet, no
projection is permitted. If the vertical clearance above
the surface exceeds eight (8) feet, a projection is
permitted for each inch of clearance over and above the
required eight (8) feet, provided that no projection shall
exceed four (4) feet or one-third ( 1/3) the width of the
sidewalk below, whichever is less.
(f) Projection Over Private Property. Projection of sign
over private property shall be allowed over pedestrain
sidewalks, walkways and corridors but not to exceed the
following :
7' or less 3 inches
7' or 8' 12 inches
8' or more 4 feet
(g) No sign of any nature other than Governmental signs
shall be placed on any right of way within the City, the
existence of a sign on a Public right-a-way or utility pole
within the city shall be considered prima facie evidence,
rebuttable as in other cases, that such sign was placed by
or under the direction of the person, firm or organization
advertising thereon.
SECTION-R Freestanding Identification Signs and General
Business Signs in "R, B-1, B-2 and Ind" Districts.
( 1 ) The entire sign must be located a minimum of eight
(8) feet behind the property line.
(2) Any projecting or overhanging portion of the sign
must be a minimum of ten ( 10) feet above any walkway and
fourteen ( 14) feet above driveways.
(3) Maximum height above grade of an identification
sign is thirty-five (35) feet ; maximum height above grade of
general business sign is twenty (20) feet.
(4) Maximum area for general business pole or ground
signs is sixty (60) square feet and maximum area for
identification pole or ground signs is one hundred twenty-
eight ( 128) square feet.
(5) Such signs shall be located a minimum of thirty
(30) feet from adjoining private property lines and a
minimum of sixty (60) feet from any other free standing
sign.
(6) Such signs in "R, B-1, B-2 and I " Districts shall
be constructed of materials that are noncombustible or slow
burning in the case of plastic inserts and faces. Such
signs are to be supported by noncombustible supports
finished in a presentable manner (wood other than treated or
unfinished steel not allowed) .
(7) No advertising matter shall be displayed on or
attached to any free standing sign. No guys, braces,
attachments, banners, flags, or similar devices shall be
attached to any sign.
(8) Such signs shall be protected by wheel or bumper
guards when required by the Building Official.
(9) For Retail and Commercial sites upon which multiple
use signs are desired in excess of the above stated
limitations, a sign plan for the site may be submitted to
the Board of Appeals for consideration as variance of this
Ordinance.
SECTION_Y Advertising Signs.
Advertising signs shall not exceed four hundred (400)
square feet where legal speed limits are in excess of 50
m. p. h. and shall not exceed one hundred twenty-eight ( 128)
square feet where legal speed limits are 50 m. p. h. or less.
5ECTION_5, Temporary Signs.
(a) Temporary directional signs are to be used for the
exclusive purpose of directing traffic to residential
sections of the city. Such signs shall bear only the name
of such sections and the directional arrow. Permits for
directional signs shall be granted for a period of time not
to exceed six (6) months, at the expiration of which time,
renewal applications must be filed.
(b) Temporary subdivision development signs and "for sale"
signs of undeveloped tracts may be erected, provided such
signs relate only to the property on which they are located.
Each such subdivision under development may have one ( 1 )
such sign not to exceed one hundred fifty ( 150) square feet
in area. Subdivision developments greater than fifty (50)
acres in size may have additional signs of the same size on
the ratio of one ( 1 ) sign for each thirty (30) acres in
excess of the base fifty (50) acres.
SECTION_61 Date of Erection, Permit Number and Voltage
to be Displayed.
Every sign erected after the passage of this ordiance
shall have displayed in a conspicuous place thereon, in
letters not less than one ( 1 ) inch in height, the date of
erection, the number of the permit issued under this
ordinance and the voltage of any electrical apparatus used
in connection therewith.
SECTION_7, Wind Pressure and Dead Load Requirements.
All signs shall be designed and constructed to
withstand a wind pressure of not less than thirty (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.
5E0I0N_8. Maintenance of Signs.
All signs and supports shall be maintained in good
condition to prevent deterioration, oxidation, rust and
other unsightly conditions.
ARTICLE_IA
PROHIBITED -.SIGNS
SECTION1, Obscene, Indecent and Immoral Matter.
It shall be unlawful for any person to display upon any
sign any obscene, indecent or immoral matter.
5E0I0_21 Obstruction Doors, Windows or Fire Escapes.
It shall be unlawful to erect, relocate or maintain a
sign to prevent free ingress to or egress from any door,
window or fire escape.
SECTION_A Attachment to Standpipe or Fire Escape.
It shall be unlawful to attach any sign to a standpipe
or fire escape.
5E0ION_40 Interference with Traffic.
It shall be unlawful to erect. relocate or maintain any
sign in such a manner as to obstruct free and clear vision
at any location where, by reason of position, size,
movement, shape, color, flashing, manner or intensity of
illumination, such sign may interfere with vehicular or
pedestrian traffic. Further, it shall be unlawful to erect
or maintain any sign in such a manner as to interfere with,
obstruct the view of, or be confused with any authorized
traffic sign, signal or devise. Accordingly, no sign shall
make use of the words "Stop", "Go", "Look", "Slow",
"Danger", or any other similar word, phrase, symbol, or
character or employ any red, yellow, orange, green or other
colored lamp or light in such a manner as to cause confusion
to, or otherwise interfere with, vehicular or pedestrian
traffic.
SECTION 51 Mobile or Portable Signs.
(a) It shall be unlawful to attach any sign to a trailer,
skid, or similar mobile structure, where the primary use of
such structure is to provide a base for such sign or
constitute the sign itself. This provision does not
restrict the identification signs on vehicles used for any
bona fide transportation activity.
(b) Signs attached to or upon any vehicle shall be
prohibited where any such vehicle is allowed to remain
parked in the same location, or in the same vicintiy, at
frequent or extended periods of time, where the intent is
apparent to be one of using the vehicle and signs for
purposes of advertising an establishment, service, or
product. Vehicles operating under a City franchise shall be
excluded from this provision.
(c) A-Frame signs and sandwich-board signs are prohibited
and unlawful.
����
SEC1ION_6, Advertising Matter Placed on or Suspended from
Buildings, Poles, Sidewalks, ect.
(a) No person shall place on, or suspend from, any
building, 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 ordinance.
(b) No cloth, paper, banner, flag, device, or other
similar advertising matter shall be permitted to be attached
to, suspended from, or be allowed to hang from any sign,
building or structure, when the same shall create a public
menace or danger.
5ECTION_7" Painting, Marking, etc. , Street, Sidewalks,
Utility Poles, etc.
No person shall attach any sign, paper or other
material or paint, stencil or write any name, number (except
house numbers) or otherwise mark on any sidewalk, curb,
gutter, street, utility pole, public buildings, fence or
structure except as otherwise allowed by ordinance.
5ECTION_81 Attaching Advertising Matter to Fences,
Utility Poles, etc. , and Scattering,
Advertising Matter on Streets and Sidewalks.
(a) No person, firm, corporation, or association of
persons, shall paste, stick, tack, nail or otherwise place,
any advertisement handbill, placard, or printed, pictured,
or written matter or thing for political advertising or
other advertising purposes upon any fence, railing, side
walk, or public telephone facility, elelctric 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.
(b) It shall also be unlawful for any person to scatter or
throw any handbill, circulars, cards, tear sheets or any
other advertising device of any decription, along or upon
any street or sidewalk in the City of Wylie.
5ECTION_90 Pole or Ground Signs Prohibited on or Over
Public Property.
No portion of any pole or ground sign shall be erected
upon or over public property, unless the same be erected by
the City, or with the permission of the City, for public
purposes.
5ECTION_1N Certain Illuminated Signs Prohibited.
No sign shall be illuminated to such an intensity or in
such a manner, as to cause glare or brightness to a degree
that it constitutes a hazard or nuisance. Moving, flashing,
intermittently lighted, changing color, beacons, revolving
or similarly constructed signs shall not be allowed. Jump
clocks showing time, temperature, and similar data may be
allowed.
No lighted sign shall be erected within one hundred and
fifty ( 150) feet of a residential district unless the
lighting is shielded from view of the residential district.
Z^
SEC1ION_11, Balloons and other Floating Devices Used for
Advertising Purposes.
No person shall erect, maintain or permit the erection
of, for advertising purposes, any balloon or other floating
device anchored to the ground or to any other structure
within the City of Wylie.
ARTICLE_0-
PENALTY_PROVISIONS
5EC1ION_1. Persons Responsible.
The permittee, owner, agent, person or persons having
the beneficial use of the ground or a sign, the owner of the
land or structure on which the sign is located, and the
person in charge of erecting the sign are all subject to the
provisions of this ordinance and are subject to the penalty
provided for violations of this ordinance individually.
59CTION_2" Penalty for Violation of this Ordinance.
Any person, firm or corporation who violates any
provision of this ordinance shall be deemed guilty of a
misdemeanor and, upon conviction thereof in the Municipal
Court, shall be subject to a fine of not more than the
maximum permitted by State Law for each offense, and each
and every day that the violation of the ordinance is
continued shall constitute a separate offense.
ARTICLE_VI�
CONFLICTING_ORDINANCES
If any portion of this ordinance shall conflict with
any portion or all of an existing ordinances of the City of
Wylie not specifically repealed herein, the City Council
hereby declared that this ordiance shall prevail and that it
is hereby attempting to repeal any conflicting provisions of
any existing ordinance of the City.
ARTICLE_VI4.
PRESERVING_RIGHTS_AND_VIOLATIONS_UNDER_EXISTING_ORDINANCES
By the passage of this Ordinance, no presently illegal
use of signs shall be deemed to have been legalized, and no
offense committed, and no liability, penalty or forfeiture,
either civil or criminal, incurred prior to the time
existing sign ordinances or regulations were repealed and
this ordinance adopted, shall be discharged or affected by
such repeal ; but prosecutions and suits for such offenses,
liabilities, penalties or forfeitures may be instituted, or,
causes presently pending proceeded with, in all respects as
if such prior ordinance, or portion of such ordiance, had
not been repealed.
617
ARTICLE_VIII,,..
SEVERABILITY_CLAUSE_AND_EFFECTIVE_DATE
SECTION I. Severability Clause.
If any section, sub-section, sentence, phrase, word,
paragraph, or provisions of this Ordinance or the
application of that section, sub-section, sentence, phrase,
word, paragraph, or provision to any person, firm,
corporation, situation or circumstance is for any reason
adjudged invalid, the adjudication shall not affect any
other section, sentence, phrase, word, paragraph or-
provision of this ordinance or the application of any other
section, sentence, phrase, word, paragraph, or provision to
any other person, firm, corporation, situation or
circumstance, nor shall adjudication affect any other
section, sentence, phrase, word, paragraph or provision of
the Code of Ordinances of the City of Wylie, Texas. The
City Council declares that it would have adopted the valid
portions and applications of this ordinance without the
invalid part , and to this end the provisions for this
ordinance are declared to be severable.
SECTION_?, Publication.
The caption of this ordinance shall be published one
time in a newspaper of general circulation.
5ECTION_3, Effective Date.
This ordinance shall take effect immmediately upon the
publication of the caption of this ordinance in a newspaper
of general circulation as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, THlS______________ ___DAY
1987.
------------------------------
Chuck Trimble, Mayor
ATTEST:
-------------------- ----- ---
Carolyn Jones, City Secretary
�
ORDINANCE
AN ORDINANCE ESTABLISHING DEVELOPMENT PERFORMANCE STANDARDS
FOR MULTI-STORY MULTI-UNIT STRUCTURES; PROVIDING
DEFINITIONS; STATING THE PURPOSE; PROVIDING STANDARDS FOR
DEVELOPMENT; PROVIDING AN PENALTY CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, THAT:
SECTION_A This ordinance shall be known as the MMlti7
of the
City of Wylie, Texas.
5E0ION_20 This ordinance shall apply to all multi-story
multi-unit structures constructed after the effective date
of this ordinance.
SEC1ION_3, DEFINITIONS: The following words and phrases
when used in this ordinance shall have the meanings
respectively ascribed to them in this section:
(a) Condominium Project-Condominium Project means a
real estate condomimium project ; a plan or project whereby
four (4) or more apartments, rooms in existing or proposed
buildings or structures are offered or proposed to be
offered for sale.
(b) Dwelling Unit-Shall be construed to mean one ( 1 )
room, or rooms within the same structure connected together,
constituting a separate, independent housekeeping
establishment including kitchen facilities for owner
occupant or rental, or lease on a daily, weekly, monthly or
longer basis, and physically separated from any other rooms
or dwelling units which may be in the same structure.
(c) Density-The quanity or number or units per ground
area.
(d) Bedroom Unit-Any room in a dwelling unit in which
fixtures or furnishings are provided for sleeping. This
shall not be interpreted to include a room in which
furniture such as fold-down beds or convertible couches is
provided on a permanent basis for regular accommodation or
residents, temporary or otherwise. This shall include
single rental rooms in a motel or hotel.
(e) Multi-Story-A structure three (3) or more stories
in height.
(f) Planned Unit Development-A development that
complys with all provisions of the planned unit development
section of the Comprehensive Zoning Ordinance of the City of
Wylie.
(g) Fire Protection-Residential fire protection as
described in National Fire Protection Association
Publication 13-D.
(h) Motel-Hotel-Any establishment whose primary
function is to provide a bedroom unit for patrons on a
temporary basis.
( i ) Open-Space-Open land area reserved in perpetuity
and maintained in accordance with City Ordinances. The term
"Open Space" as used in this ordinance does not include
vehicular parking areas or adjacent roadways. Swimming
Pools, tennis courts and other areas designed and designated
for pedestrian activity can be considered "Open Space".
/1(0
SECTION 4. PURPOSE-The construction of multi-story, multi-
unit structures for full time or temporary living
accommodations can result in increased density, greater
traffic volume, loss of open space and severely tax public
services provided by the city.
Guiding development to abide by public standards established
by the City of Wylie ensures the protection of the general
public health, welfare, and safety and encourages the
orderly development of the City as a whole.
5ECTION_5n STANDARDS FOR DEVELOPMENT-All multi-story,
multi-family, motel-hotel structures constructed after the
effective date of this ordinance shall meet the following
performance standards,-,
(a) Provide parking spaces, a minimum of nine (9)
feet wide by eighteen ( 18) feet long, in proportion to the
number of bedroom units contained in the total development,
as follows:
( i ) A minimum of 1. 5 spaces for the
first bedroom unit contained in each dwelling unit, and
(ii ) A mimimum of one ( 1 ) additinal
space for the second bedroom unit contained in each dwelling
unit, and
( iii ) A minimum of one half (. 5)
additional space for each bedroom in dwelling unit that
contains three (3) or more bedroom units with a maximum of
three (3) parking spaces required for any dwelling unit.
(b) Provide a maximum of 28 dwelling units or 70
bedroom units per acre on the property of the proposed
development.
(c) The minimum dwelling unit shall be 900 square
feet.
(d) All construction of multi-story multi-family
condominiums shall be in an area zoned planned unit
development.
(e) Protective covenants shall be filed with the
request for planned unit development zoning.
(f) Set Back Requirements-Any structure up to and
including four (4) stories in height must provide a minimum
total side yard of forty feet (401 ) . Minimum required side
yard on one side of the structure is twenty feet (201 ) . Any
structure above four (4) stories up to and including 8
stories in height must provide a minimum total side yard of
eighty feet (801 ) . Minimum required side yard on one side
of the structure is forty feet (401 ) .
Any stucture beyond 8 stories in height shall provide an
additional 5 feet of side yard for each 2 stories in excess
of 8 stories.
(g) Open-Space-Provide and maintain in accordance
with city ordinances specified herin minimum of forty
percent (40%) of the property in the development as reserved
open space.
(h) An mulit-story multi-unit structure shall be fire
protected as per National Fire Protection Association
Publication 13-D.
1 �
SEC1ION_6, PENALTY-Any person, firm corporation or other
entity who is found guilty of violating the terms of this
ordinance shall be deemed guilty of a misdemeanor and upon
conviction of any such violation, shall be subject to a fine
not to exceed the amount permitted by State Law.
SECTION_& SEVERABILITY-It is hereby declared to be the
intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are
severable and if any phrase, clause, sentence, or section of
this ordinance shall be declared unconstitutional or invalid
by any judgement or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity shall
not affect any other remaining phrase, clause, sentence,
paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions
even though it had known the affected parts would be held
unconstitutional.
5E01IPN_8l PUBLICATION-The caption of this ordinance shall
be published one time in a newspaper of general distribution
in the City of Wylie.
5ECTION_91 EFFECTIVE DATE-This ordinance shall become
effective upon its publication in a newspaper of general
circulation.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
THE DAY OF , 1987.
-------------------------------
Chuck Trimble, Mayor
ATTEST:
----------------------
Carolyn
Jones, City Secretary
^� �
REQUEST TO BE PLACED ON AGENDA
Date For next Council Agenda__
i4 211.1_
;?
I , request that the following item be placed on the City
Council agenda.
Consider : Q U /'L t `t l 4 ✓ " 5 t
(21 c.,/ - u p (4-1--) D g T1 1 - ID t- d r-
eilt.; )1_, 6\1...i ii,-) t..777.07„..)c, cz_ 0 (t- Tryip 5 2 -
P 1 c-1 6 0 A-r--- c 11A (44. 2 t-`
10
_c _gin 't"Jr... rt_q u�ct d /--'
Thank you,
iliZiu' ''t (..L1, _ LY frE 7-s'
Signature _
r k s(:) bi-W '( `) S
Street
City, Texas Zip Code
L/ q2 - 4a3 j
Phone Number
75
-
'
M E M 0 R A N D U M
DATE: January 7, 1987
TO: Gus H. Pappas, City Manager
FROM: I . W. Santry, Jr. , P. E. , City Engineer
SUBJECT: Analysis of Bids Received January 6, 1987
The three project bids received on January 6, 1987 in
accordance with specifications are summarized on the
attached sheets. Gifford-Hill and Company was the only
bidder for sand and gravel. No bids were received for
concrete, building materials and bulk steel .
Piping and Accessories bids were received from Ferguson
Enterprises, Trans-Tex Supply and Industrial International .
Ferguson Enterprises had one extension wrong and Trans-Tex
Supply made several alternate quotations from the
specifications.
The following totals summary indicates the piping and
accessories picture.
FERGUSON TRANS-TEX INDUSTRIAL
PROJECT ENTERPRISES SUPPLY INTERNATIONAL
Lake Ranch
Water Line $7, 480. 15 $7, 488. 30 $7, 761 . 20
S. T. P. b
Sludge Beds $1 , 265. 50 $1 , 502. 45 $1 , 535.59
Nortex GR. a b, c
Storage Site $13, 971 . 50 $13. 648. 51 $17, 749. 32
a b, c
TOTALS $22, 717. 15 $22, 639. 26 $27, 046. 11
a Indicates extension error.
b Bid includes variation to specifications
c Does not include Item 14 - 5"x 10" eccentric
reducer.
Trans-Tex Supply did quote a 6"x 10" eccentric reducer, at
$143. 88 which would make their total $22, 783. 14. If the low
bid for Item 14 of $238. 00 is included in the Trans-Tex
Supply bid their totals would be $13, 886. 51 and $22,877. 26.
With the minor variations in the individual projects bid it
is recommended by the Engineering Department that the
combined bids from Ferguson Enterprises in the amount of
$22, 717. 15 be accepted as corrected.
-/V
-
The Gifford-Hill and Company combined bid for bedding sand
and gravel is summarized below.
SAND CRUSHED
PROJECT BID ROCK BID
Lake Ranch
Water Line $1 , 989. 68 $ 414. 96
S. T. P.
Sludge Beds $ 67. 80 $ 57. 20
Nortex Gr.
Storage Tank $ 546. 00 $ 159. 60
TOTALS $2, 603. 48 $ 631 . 76
Gifford-Hill was the only bidder for most of the sludge bed
media at the sewage treatment plant. They did not bid on
the special silica sand to be used. Prices previously
quoted by Colorado Silica Sand, Inc. is $3, 450. 00 which is
too expensive and the Engineering Department is discussing
with Gifford-Hill and Company about the use of another
product they can supply at a total cost of $1 , 316. 60.
However, we will not be able to see this material until
Friday, Janurary 9, 1987. The sludge beds filter media bid
sheet had an incorrect size shown and the summary sheet
indicates the corrected bid based upon a telephone call this
morning. The total media bid (except the silica sand) is
$3, 346. 10.
It is recommended that Gifford-Hill be awarded the contract
for all projects bedding sand and crushed rock and for the
sludge bed media as bid for the total amount of $6, 581 . 34.
The Engineering Department would like to have the special
sludge bed sand media also awarded to Gifford-Hill in the
amount of $1 , 316. 60 on the condition that it proves
satisfactory which should be determined on Friday, January
9, 1987.
It is recommended that the building materials for sludge
beds and for the Nortex Ground Storage Site be purchased on
the open market as needed and from various suppliers on firm
quotations. It was estimated that these materials would
cost $10, 000. 00.
,~�
il,, ,e
*I- - p
CITY OP' WYLIL
108 S. JACKSON - P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
January 9 , 1987
To : Gus Pappas
From: James Johnson
Re : Fire Department Rescue Vehicle Bids
On January 6 , 1987 , bids were received and opened on the Fire
Rescue Vehicle . Funds of $13 , 500 were initially budgeted for
this vehicle to come out of the Public Safety Equipment Fund .
This fund was established through Council action through the
Personal Property Finance Contract in October 1986 for the
purpose of funding the ambulance acquistion and an additional
ambulance . A fire rescue vehicle was added to this financing
contract through Council discussion of equipment needs . Funds
are budgeted in this year ' s budget in the Ambulance ( 230) Depart-
ment and the Fire ( 220) Department for beginning the repayment
of the funds borrowed .
A total of twelve bid proposals were sent out and only two ( 2)
potential vendors replied . The bids received are as follows :
Bidder Spec . Bid w/full options Alt . Bid (min . spec .
Lakeside Chevrolet $15 ,947 .82 $13 ,847 . 27 ( auto )
$13 ,367 . 02 ( std . )
299 . 20 spare
tire
Tedford Chevrolet $14 ,825 . 00 No Bid
The Alternate bid option gave the bidder of bidding a "plain
vanilla" type vehicle , but one that also met our minimum
specifications on our proposal sheet .
Given that approach , my recommendation would be that the City
accept the Lakeside Chevrolet alternate bid with an automatic
transmission of $13 ,847 . 27 with a spare tire added at a cost of
$299 . 20 for a total of $14 , 146 . 47 . Fire Chief Allen has looked
at the bids and stated that this bid was acceptable . Delivery
time is six to eight weeks .
2
����j�((�� MEE MR gati
f_
OBROIE BAKES 3/4 TON AUTOMATIC TRANSMISSION
e
DAVID KARR {'
ti -
•AL -
�ID PROPOSAL SHEET
LAKESIDE CHEVROLET CO. vehicle, minimum three-quarters (3/4) r
IN 30-AT HWY.205 Loud.722-5311
ROCKWALL.TEXA$75007 oALLAS 22s-24ee I e f o l lowing items: r
1 . 350 cubic inch engine or equalivent - - 4
:.v14 ` -. --
2 Automatic transmission/no overdrive : . .r- '":"
_..
3. Power Steering r, `s � -
-
4. Power Brakes -3e ,,
5. Arr Conditioning with front and rear y: ; ter'. 1-:
air ports `1 r o nt ''''—
yam ''
6. Front Seats -- Bucket Benew �� �Y 'F ..
Rear Seats -- Sp I it _• ;.
4 -.a -•+"ter_
7. Red paint (body) with white top - only y , ..
alternative is all red in color
8. Rear doors must be double swing out type r • �yq''O� -
9. Heavy duty cooling systems -.: -
•
• 5..*
as :4 r_,
10. Heavy duty battery `Ie,.- ,�,� y'
11 . Heavy duty suspension �
u
12. Two wheel drive/4 wheel system optional ivior` ,.
13. Optional 4 wheel drive system
14. (3) wheel base not in exceed 132 inches :-_ - 1 r �''
15. Overall length not in excess of 225 inches - x -;t._ ._..
16. Overall height not in excess of 74 inches;' =
TOTAL
Alternative Bid: ixi.; T' 1
substitute(s) must be delinated -i i(
Alternatives or
following lines and priced separtately =1. >
Spare Tire
: ,,?
2. Silverado Equipment +
•
3. . Bucket Seats , Front & Rear Air Conditioning '" %'
- 4'ti" ,
� ,: fl nj \.y -
TOTAL $19074� t
O F.
�nI1,,rnrn��rrrrIa�..M '
IY�I ' •
_.
W. Y +y .:
r Ly
- 1 doors --- Standard Transmission • " 73 •;-. -- .-'-'
DAVID KARR
'mum .. : 13 .,
3ID PROPOSAL SHEET
LAKESIDE CHEVROLET CO.
IH30•AT HWY.206 Low.722'a3" vehicle, minimum three-quarters (3/4) _ ', ', �:
ROCKWALL.TtXAS 76087 owtlns 228.346e
ie following items: :
jaw s`•- 4,_.'s.
1 . 350 cubic inch engine or equalivent _• ` -`ate "�,
c`. `rk ,r, •,
Automatic transmission/no overdrive SteQdard - x-
3. Power Steering -.-:-...:.-,...-4... -7:-... .., -
4. Power Brakes :-v. . ...:-----*".,-.;:'-3
5. Air Conditioning with front and rear . ,•:- -
air ports Front" Ortl}r'
*If:A. r
6. Front Seats -- Bucket ce='`i �f'
Rear Seats -- Split :a -€
7. Red paint (body) with white top - only
alternative is all red in color
•B. Rear doors must be double swing out type '- ., ''
.9. Heavy duty cooling systems 1y%
10. Heavy duty battery ' ti
11 . Heavy duty suspension �-
12. Two wheel drive/4 wheel system optional - . �$
13. Optional 4 wheel drive system • '=' �
14. (3) wheel base not in exceed 132 inches . .7- `•- r•
15. Overall length not in excess of 225 inches` -,-
16. Overall height not in excess of 74 inches :y �-
TOTAL 13a:. ._
Alternative Bid: Y �=
Alternatives or substitutes) must be delinated on t' • "
following lines and priced separtately -t "2
1. WITH SPARE TIRE °r
r a
„,
_ .
! `,A
TOTAL 7`3',:5: ' ` . ' •
;t :
-79 r��
NEW CARS AUTO REPAIR
Robbie Tedford
TEDFORD CHEVROLET CO. US 380 AT 78
FARMERSVILLE PAINT 6 BODY SHOP FARMERSVILLE,TEX.
Phone 782-6212 Dallas 235-5312
One 1987 Utility-type vehicle, minimum three-quarters (3/4)
ton, furnished with the following items:
1987 3/4 Ton Suburban
1 . 350 cubic inch engine or equalivent 350 V-8 EFI
2 Automatic transmission/no overdrive 3 Speed Auto.
A
3. Power Steering
4. Power Brakes
5. Air Conditioning with front and rear
air ports Front & Rear Air
6. Front Seats -- Bucket Vipyl Bucket
Rear Seats --• Split Center Only
7. Red paint (body) with w irte top - only
alternative is all red in color Solid
8. Rear doors must be double swing out type STD
9. Heavy duty cooling systems STD
10. ' Heavy duty battery 630 Cold Cranking. AMPS
11 . Heavy duty suspension STD
12. • Two wheel drive/4 wheel system optional — STD
13. Optional 4 wheel drive system ($1.63 00) Optional
14. (3) wheel base not in exceed 132 inches 129.5"
15. Overall length not in excess of 225 inches 219.1"
16. Overall height not in excess of 74 inches 74.3"
TOTAL $14,825.00 2 WHEEL DRIVE
Alternative Bid:
Alternatives or substitute(s) must be delinated on the
following lines and priced separtately
1 . Payment due at delivery.
2. Delivery approximately six to eight weeks.
3.
TOTAL
2U
BID FORM
BID NO.
THE FOLLOWING INFORMATION MUST BE PROVIDED FOR YOUR BID TO
BE CONSIDERED.
1 House Bill 620 Municipal Contracts: Non-resident Bidders.
New law of the State of Texas 69th Legislative Regular
Session prohibits cities and other govenmental units from
awarding contracts to a non-resident bidder unless the
amount of such bid is lower than the lowest bid by the Texas
resident by the amount the Texas resident would be required
to underbid in the non-resident bidders state.
In order to make this determination, please answer the
following questions:
1. Give the address and phone number of your principal
place of business.
Hwy 380 W. , P.O. Box 272, Farmersville, TX 75031
• 782-6212- Metro 235-5312
2. Give the name, address of principal place of business
and phone number of your company's majority owner.
Bob Tedford
Hwy 380 W., P.O. Box 272 Farmersville, TX 75031 782-6212
3. Give the name, address of principal place of business
and phone number of your compan 's ultimate parent company.
NA
4. If in any of your answers to number 1,2, or 3 above,
the answer indicated a principal place of business other
than within the State of Texas, you aree required to provide
a copy of all relevant laws applicable to non-resident
bidders in the other jurisdiction. Failure to supply this
information may result in the rejection of your bid.
Yea
(2V-Pres
ignature Title
bob Tedford Chev 1Pt Cn_
Company Name & Address
P.O. Box 272. Farmerfiv111e,_TX 7' 031
• 17
BID FORM
BID NO.
THE FOLLOWING INFORMAT-ION MUST BE PROVIDED IN ORDER FOR YOUR
BID TO BE CONSIDERS.
1 . Article IX Section 5 Personal Financial interest of the
City Charter states in part that "no officer of employee of
the City shall have a financial inters, direct or indirect,
in any contract with the city, nor shall be financially
interested, directly or indirectly, in the sale to the city
of any land, materials, supplies or service.
2. Is the bidder or any person having a director indirect
financial interest in the bidder, an officer or employee of
the City? No
If yes, please identify the person or persons and the exact
nature of the interest.
3. Is the bidder or any officer or manager of the bidder
related to a Manager of any City department, any employee o4
the City Purchasing Department, City Manager, or any member
of the City Council? NC)
If yes, please identify the relationship between the bidder
and the City.
Signatur Title
Bob Tedford Chevrolet Co.
Company Name
P.O. Box 272
Address
'armereville,...._TX .750.1.___...____._..._ ...._.___.......___..
Clrr'W' 03Er VA%r-T'T_j1M
114 N. BALLARD ST. -- P.O. BOX 42D
VVYLE.TEXAS 75OS8
(214)442'2230
MEMORANDUM
DATE: December 23, 1906
TO: Gus H. Pappas, City Manager
FROM: I . W. Santry, Jr. , P~ E. , City Engineer ^�=�
SUBJECT: R. O.W. Dedication on Vinson Road
Finholt Property
The attached dedication is the south one-half of Vinson Road
just west of the present phase I of the Lake Ray Hubbard
Mobile Home Park and represents land also owned by Roger
Finho%t.
Purpose is to secure the R. O. W. and provide land on which
the proposed 12-inch offsite water line will be built.
It is recommended by the Engineering Department that this be
accepted by the City.
F-4
C-102—WARRANTY DEED—With Single and Corporation Acknowledgments Martin Stationery Co.,Dallas
THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF Dallas
,-
,=-...y.
That Roger Finholt
> vy.
of the County of Dallas State of Texas , for and in consideration of -"
InEi
;'� the sum of
�� One and no/100 ($1 .00) DOLLARS,
rsa
ti
;" to me in hand paid by The City of Wylie i
4'
l
«
IX ;mac
:« g i
:44 1
have Granted, Sold and Conveyed,and by these presents do Grant, Sell and Convey unto the said s®
601
City of Wylie Ia.
='I of the County of Dallas , State of Texas , all that certain
11imil -
R.O.W. DEDICATION as described in EXHIBIT "A"
(see attached) wei
- j
Q
Gk 111
l�
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights
h and appurtenances thereto in anywise belonging unto the said City of Wylie
and its successors c
hem and assigns forever; and I do hereby bind my
' . heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises '-
unto the said City of Wylie and its successors
t
rcv lit,z
he1 S and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part °�'
Y,
.:�� thereof.
51 Witness my hand at Irving, Texas
nilif
this 18th day of November A. D. 19 86 l"El
Witnesses at Request of G an r:
q - s4Z2/172/ /7 J22 r) P\---- ; j >
.Aer .-,
J Rog r Finholt
i
THE STATE E OF TEXAS
COUNTY OF COLL I N
BEFORE ME, a Notary Public in and for
County, Texas, on this day personally appeared
known to me to be the person; who- e
name is subscribed to the foregoing instrument , and
acknowledged to me that _- executed the
same for the purpose and consideration herein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day of , 19___
Notary Public , Counnty, Texas
My commission expires the ________ day
of --- - , 19___
ACCEPTED FOR THE CITY OF WYLIE THIS tie day c.f
_ , 19___
CITY OF WYLIE
Cha-rTes Trimble-Mayor
ATTESTED:
Carolyn Jones, City Secretary
Date __ __--_---_-__--
EXUIGll "A"
H. O. W. bEUICAT]UN
BEING a part of the 61 ' 665 acre tract of land situated in
the Elisha M. Price Survey , Abstract No. 1114, and conveyed
to Roger Finholt as recorded in Volume 85142, Page 3537 ,
Deed Records of Dallas County, Texas, and Volume 234, Page
352, Deed Records of Rockwall County, Texas , and being more
particularly described as follows:
COMMENCING at a 1 /2 inch iron rod found at the south corner
of the said 61 . 665 acre tract;
THENCE in_ a northwesterly direction along the southwest
property line of the said 61 . 665 acre tract North 45 degrees
36 minutes 23 seconds West , a distance of 1335. 45 feet to a
1/2 inch iron rod set for corner;
THENCE leaving the said southwest property line in a
northeasterly direction North 45 degrees 52 minutes 02
seconds East , a distance of 1305. 63 feet to a 1/2 inch iron
rod set for the POINT OF BEGINNING and being the center line
of Vinson Road; '
THENCE in a northwesterly direction North 44 degrees 36
minutes 56 seconds West , a distance of 1439. 17 feet to a 60d
nail , being the centerline of Vinson Road , for a corner;
THENCE in a Southeasterly direction South 14 degrees 17
minutes 44 seconds East , a distance of 64. 38 feet to a 1/2
inch iron rod for corner;
THENCE in a southeasterly direction South 44 degrees 36
minutes 56 seconds East , a distance of 1383. 32 feet to a set
point for a corner;
THENCE in a Northeasterly direction North 45 degrees 52
minutes 02 seconds East , a distance of 32. 50 feet to the
POINT OF BEGINNING, and containing 45,864 square feet of
land more or less.
'
_~�` _'
POINT OF
BEGINNING
FND 60d NAIL N 44° 36' 56'1 w VINSON ROAD 14 9.17' I/ I R SET
I/2"I.R. SET S 44° 36'56° E 1383.32' j' 1/2" 1 •
�� SET
N 45° 52 02 E
S 14°17'44" E 32.50.
64.38' \NNN\
FINHOLT
•
•
RECOMMENDATION FOR APPROVAL
AND
ACCEPTANCE
Project Name and Location: RI li .c c9ifi e Phi. / i
Date Started: 7- / - O So Date Compl ete /02 - 3 i-
Lab and other tests:
v//
/
Streets: // ,_54; a "fee- ,14/s4/4 ,// 7 4 .qe,t rat, ,/
All eys: gi/ /9//,,x /-T-€..e- ,w.s //•0/ Af// T<s,2, -'.e- ,ao- 1
Water Lines: g//,4Q I? A.ee4c.) 7 / e" /''Dfri-Ila4.7/
Wastewater Lines: A
Man ho 1 es: g// - e • eve 1- 9�'¢�'� (ff, 00
Drainage: /T// 4frPiei 0
Stormsewage: ,i// pea/
We the under sign recommend the acceptence of this p " ct
Sub Division Inspector J/1441- 7— /f'8 7
• n Date
City Engineer ' O., '�' - `��
Sign e
v
Director of Public Works /- -.fi 7
ign ate
Accepted by City Council Date 19
Final Inspection Prior to (1 ) year Date 19
Sign
Remarks:
Date of Notification 19
Person or Persons Notified