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11-22-1982 (City Council) Agenda Packet Time posted : 2 :30 pi Date posted : 11/18/8 sbh ��� OF �� G LAKE tftt' • LAVON t/t/t3j WYLIE • LAKE f 61::: RAY HUBBARD Lrq AGENDA CALLED CITY COUNCIL MEETING NOVEMBER 22, 1982 6:30 P.M. 1 . Call to order; invocation. j'w L 2. Old business: Consider adoption of wrecker �� regulation ordinance. 3'y l- 9— r CONSENT AGENDA: 3. Consider trading Police Department submachine gun to a Class III gun dealer in exchange for two twelve guage pump shotguns. 4. Consider approval of telephone service changes at Police Department and Volunteer Fire Department. U 5. Consider approval of purchase of culvert pipe. l� 6. Consider purchase of shop equipment and one water 911)) pump. 7 . Consider approval of work order for engineering services and installation of three monitoring t_ wells at the sanitary landfill site. END OF CONSENT AGENDA 58. Consider proposed annexation of Northlake Estates located on the east side of F.M. 2514 south of J & T Cabinet Shop consisting of 17 .1 acres. 9. Consider paving proposal for Memorial Street and Mardi Gras from Kirby south to Valentine. 10. Conduct a joint work shop involving Planning & Zoning Commission members and City Council . 11 . Adjourn. 114 NORTH BALLARD P.O.BOX 428,WYLIE,TEXAS 75098 PHONE(214)442-2236 CITY OF' WYI LE 114 N. BALLARD ST. - P.O. BOX 428 WYLIE, TEXAS 75098-0428 MEMORANDUM TO: Lee S. Vickers , City Manager FROM: Brian H. Cowan, Director of Public Works fl DATE: November 22, 1982 SUBJECT: Memorial and Mardi Gras Streets Paving Project 1. One and one-half inch (12") asphalt street with work performed by City forces and costs for materials only: Total cost: $21,502.00 One-third cost per linear foot: $2.89 2. One and one-hald inch (12") asphalt street with all work performed by outside contractor: Total contracted cost: $57,232.40 One-third cost per linear foot: $7.85 3. Six inch (6" ) reinforced concrete street with integral curb and gutter All work performed by outside contractor: Total contracted cost $145,354.25 One-third cost per linear foot $19.94 bk I DATE: November 18, 1982 TO: City Council FROM: City Manager SUBJECT: Manager' s Newsletter With Council approval , we would like to experiment with a new pro- cedure which is used in many other cities to accelerate or speed up the Council meeting, called a Consent Agenda. A copy reproduced from the handbook for mayors and council members in general law cities of the procedure for handling consent agenda items is included with your agenda packet today. Please review the items 3 through 7 listed on your agenda as consent agenda items and contact me if you have specific questions about these items prior to the Council meeting. If we can answer your questions in advance then the City Council can very much accelerate the Council meeting by lumping all of the items into one motion for approval with one vote. Of course, each item will be written into the Council minutes as to the results of the vote, and if any Council member objects to the inclusion of any item in the consent agenda, it will be removed for separate consideration. Naturally, we will be happy to answer questions on any item at the Council meeting, but this appears to be one method by which many cities speed up their council procedures. Mr. Melvin St. John called me on November 17, requesting that his re- zoning hearing by postponed before the Planning & Zoning Commission on November 18. We notified all of the people who were sent notices of the public hearing for the rezoning and have deleted the request for the public hearing before the City Council at your November 22 meeting. We will discuss this matter with Chairman Joe Fulgham to see if he and the Planning & Zoning Commission wish to meet and continue the public hearing at their December meeting. Councilman Simmons, Bob Hogan, Brian Cowan and I met this week to dis- cuss the best procedure for either codifying the current subdivison regulations into one complete ordinance, or to modify and adopt a single subdivision ordinance similar to the Crockett subdivision ordi- nance. Mr. Hogan agreed to submit a proposal in writing to the City Council for this work, giving the Council an idea of the time required in the maximum fee which his firm might charge for the service. Much of the base work has been completed this week on Akin Lane by the County, despite the inclement weather. Hopefully, we will get some warm, dry days during the next week or so so that they can apply the prime coat and a single seal coat. In addition, City forces can go ahead with laying the 11 inch hot mix asphalt street surface on the area which is adjacent to Wylwood V and to Rush Creek Addition. With Council approval , we will attempt to handle all of the City' s Council business at the meeting of December 14, without conducting a second meeting in December. We hope this meets with your approval , in that it can be achieved without undo hardship on any other citizen. Mr. Cowan and I have discussed the problems involved in improving water service for West Wylie and Nortex Nursery. We have agreed upon the basics needed to improve the water service and will meet with Page 2 either Mr. Hogan or Mr. Rasor Monday to prepare a cost estimate for a preliminary engineering design study. This will be a feasibility • study, rather than a construction design study and will involve con- cepts only. Hopefully, this information will be adequate to use in discussing eligibility for the City of Wylie to borrow long term money from either the Texas Water Development Board at low interest or from the Farmer' s Home Administration, at low interest. If it becomes necessary to present cost estimates based on construction design plans to these two agencies, we will recommend to the Council at your meeting of December 14 that the City and Nortex Nursery Industries share the cost of engineering design equally. In this manner, neither the City nor Nortex will lose a great deal of money if funding is not immediately available, and the construction design and plans will be available at such time as funds do become available. LSV/sbh CITY OF WYLIE 114 N. BALLARD ST. - P.O. BOX 428 WYLIE TEXAS 75098-0428 MEMORANDUM 1 TO: LEE S. VICKERS , CITY MANAGER FROM: BRIAN H. COWAN, DIRECTOR OF PUBLIC WORKS DATE: NOVEMBER 18, 1982 SUBJECT: WEEKLY STATUS REPORT 1 . LIFT STATIONS: All lift stations are in operation, in addition, Control Specialist Co. will be completing their work on the new Lift Station this coming Monday, November 22. After they are complete with their work and the new lift station is in line, we will begin removing the old existing lift station and backfilling the resulting hole. Also, the gravity sewer main from the Oaks subdivision has been laid to the new lift station and will be tied into the lift station in the next few weeks along with the gravity sewer main from the Rush Creek subdvision. City forces will also construct a concrete rip rap apron on the South side of the new lift station to eliminate possible erosion from the adjoining creek. In addition, a six (6.0) foot chain- link fence will be constructed around the new lift station by City forces. 2. AKIN LANE - Construction of the road base continued this week by Collin County. After scarifying the existing road base, the decision was made to add additional crushed rock to the majority of the road base. This material will be rolled and compacted before any surface treatment or wearing surface is applied. Of course, there must be several days of warm dry weather before any wearing surface is installed. 3. WYLIE ANIMAL SHELTER: Improvements to the animal shelter are near completion. Water and plumbing facilities have been installed and the electrical work will be performed this Thursday and Friday. This Monday, we transferred the small security building from the Wylie Landfill and placed it adjacent to the existing animal shelter. This structure will be a separate facility for cats. After the elecricity is hooked up, heaters and heat lamps will be installed and the facility will be painted. 1 J Page 2 Mr, Lee S. Vickers 4. WATER AND SEWER: We did experience one six inch water main break over the weekend. Otherwise, we have diverted more labor into the water department to catch up on work orders such as setting new meters. . replacing defective meters and reading meters for the month of November. BHC/cj AGENDA BRIEF NOVEMBER 22, 1982 Item #2 on the agenda involves consideration and adoption of a wrecker regulation ordinance for Wylie. In the past, there has been little or no regulation of wrecker services provided by private businesses to the public. As Wylie grows, more wrecker services will come into the area to serve the public and there needs to be an orderly procedure for dis- patching wreckers to the scene of accidents within the City as requested. Basically, the ordinance provides for a rotation system wherein each wrecker service which is registered with the Police Department will take turns serving the needs of the public. If a person in need of a wrecker service specifies the service which he or she desires, that firm will be called; otherwise, the various wrecker services will be called in rota- tion. Owners of both wrecker services in Wylie have approved this ordinance and join me in recommending the Council adopt the ordinance. Current growth in Wylie has multiplied the problems with which the Council must deal at each Council meeting. The agenda's are getting longer and longer and the time required to make policy decisions has increased to the point where two Council meetings per month are usually necessary and these meetings are becoming long and tiresome for both the Council members, the public and the staff. An effort is being made on this agenda to present what is called in many cities a "consent agenda" under which routine or non-controversial agenda items are submitted for a group approval by the City Council . In this agenda items 3 through 7 are considered routine to the extent that the City Council may wish to consider them as a group rather than go through each one item by item, with a motion, second and vote on each individual item. The Council minutes will continue to reflect the action taken by the Council on each of these consent agenda items, and any member of the City Council which may wish to have a separate vote on any item may secure this vote by voicing a request. Item #3 involves a request for authority to trade an unneeded Police Department submachine gun to a legally authorized Class III gun dealer in exchange for two new 12-guage pump shotguns for use in police work. State law forbids the sale of machine guns or submachine guns to indivi- duals. The Wylie Police Department has had custody of this gun for many years, but has never had the need for the use of it. Several complaints have been received concerning busy signals at the Police Station and Fire phones. Item #4 involves a recommendation to the City Council to install a rotary telephone system consisting of three lines to improve incoming service to the Police and Fire Departments. The increase in telephone traffic is one more facet of evidence of rapid growth. Item #5 involves approval to purchase the annual supply of concrete culvert pipe. The City tries to estimate its annual requirements and buy as much pipe as needed at one time in order to secure lower bid prices. If approved, the pipe will be purchased from the low bidder and will be delivered to and stock piled at the Municipal Service Center on West Kirby. Page 2 Item #6 involves budgeted purchases of a hydrolic transmission jack for the Municipal garage and a 3" diaphragm water pump for the water depart- ment. Again, with approval of the Council , the low bid item will be purchased. Item #7 involves Council approval for consulting engineering services and the installation of three monitoring wells to be used in the closure process at the sanitary landfill site. This work will be accomplished at the request of the Texas Department of Public Health. Item #8 involves the first public hearing on a petition for annexation of approximately 17 acres located on the east side of F.M. 2514 and south of J & T Cabinet Shop, to be developed for single family resi- denses. It is anticipated that the second public hearing for the pro- posed annexation, if needed, will be held at 5:30 p.m. on December 14 at the site. Item #9 involves continued consideration and discussion with property owners of the feasibility of paving improvements to Memorial from Kirby south to approximately 140 feet south of Valentine, together with the paving of Mardi Gras from Kirby south to Valentine. Among other items to be discussed at this meeting will be an estimate of cost for the paving to be done by a private contractor. Item # 10 involves a work session which will include members of both the Council and the Planning & Zoning Commission. This work session will be open to the public, although no firm decisions will be made. Topics for discussion will be the need for establishing a Goals Committee for this community and the need for establishing a separate Board of Adjustment. LSV/sbh • If , qV • PROPOSAL HOLD 442- 442 442 442 INTER 3619 ROTAR ROTAR NEW# COM tChange existing 442-5913 to new Rotary # (3 rotary lines total ) Delete two city hall lines from PD instruments Delete separate instrument for FD line Leave existing 442-3619 for outgoing PD calls Q' Leave intercom as is ; Add instrument in patrol office/PD with lines as above '� 4 Leave Lucas Fire Phone as separate line with only one instrument to be 1 located (as is) in dispatch office °+ o k '+�. :� 5 o.3fi w,4�?}> ?' :•►K=1-►.i: .o tiw+=4i:.k.X<>. = �►J-4�►:�a�' 0'5: :w�-i-►: o -►: - +. LIV61.141/61 42eA,c—(4/-/A e.4.44.) o C� ,/e4e cLL& �� fri( QUOTATION Page one of . DAL-82-278 HYDRO CONDUIT CORPORATION U7 , Date of Quotation: Nov.10, 1982 Plant: Box 344009,Dellas,Tx.75234 Lcc S. Vickers 4/0 Project: City of Wylie P. O. Box 428 11 • Wylie, Tx. 75098 ',lc? Bid Opening: Confirm Telephone Quote This quotation is an offer by Hydro Conduit Corporation ("Seller") to sell construction materials, is made subject to all terms and conditions on both sides hereof and, if accepted by the Purchaser specified below in writing within thirty (30) days from date of quotation hereon, shall constitute a binding Contract between Seller and Purchaser upon the terms and conditions contained on both sides hereof. ITEM APPROX. DESCRIPTION &SPECIFICATIONS UNIT PRICE EXTENSION NO. UNITS 1 60 Lin. Ft. 15" R.C.P. Cl. 3 T & G @ 5.70 per lin. ft. 342.00 2 72 Lin. Ft. 18" R.C.P. Cl. 3 T & G @ 6.51 per lin. ft. 468.72 3 100 Lin. Ft. 24" R.C.P. Cl. 3 T & G @ 9.81 per lin. ft. 981.00 _ TERMS OF 2%-lOth, Net 30 DELIVERY FOB Jobsite DELIVERY PAYMENT: POINT: DATE: ACCEPTED this day of 19_, Respectfully submitted: upon the terms and conditions contained on both sides hereof. HYDRO CONDUIT CORPORATION FIRM: �%--? j� /, Sales Representative TITLE: TITLE: Purchaser Seller HCC-S-10 (Rev. 1/82) Gifford-Hill & Company, Inc. PIPE DIVISION MAILING ADDRESS 8435 STEMMONS FREEWAY P. O. BOX 47127 PHONE 637-3860 DALLAS, TEXAS 75247 DALLAS,TEXAS 75247 November 10, 1982 QUOTATION TO Mr. Lee Vickers City Manager P. 0. Box 428 Wylie, Texas 75098 'r AA'' 01 PROJECT: Owner City of Wylie, Texas '11�� , ,,,, Location City Storage Yard LETTING DATE: DELIVERY in truck load lots as near the desired locations on the project as these locations are accessible to loaded trucks operating under their own power, unless otherwise stated. TERMS: A 2 % cash discount will be allowed on all invoices paid in full by the 15th of first month fol- • lowing delivery, unless otherwise stated. This quotation is based on furnishing pipe guaranteed to meet the project specifications: Approx. Quantity Description Unit Price Unit 60 Lin. Ft. 15" T&G CL III RCP ( 6' Jts.) @$• 5.70 Per Lin. Ft. _�J9 72 Lin. Ft. 18" T&G CL III RCP ( 4' Jts.) 6.52 Per Lin. Ft. t- 19• 100 Lin. Ft. • 24" T&G CL III RCP ( 4' Jts.) 9.71 Per Lan. Ft-.. q `Z/- 17 , y-L; NOTE: PRICES QUOTED HEREON DO NOT INCLUDE STATE SALES TAX. REMARKS: Prices are firm for job quantities if accepted within thirty (30) days from date of bid. DELIVERY: Two (2) weeks delivery after receipt of firm purchase order from contractor. LIABILITY — Seller shall not be liable for any delays or failure of delivery resulting from strikes, lockouts, work stoppages, labor disputes, war, civil disturbances, floods, acts of God, carriers' or suppliers' delays or defaults; or regulations of any governmental authority, beyond our control. Respectfully submitted, During the time of such delays we shall have the right GIFFORD-HILL PIPE C to prorate among our various customers, upon such equi- table basis as we shall determine, such concrete pipe as BT' we shall be able to manufacture, ship and deliver. y �/� C"�� ((t""" HOGAN & RASOR, Inc. Engineers • Planners • Consultants ' Dallas • Austin November 15, 1982 NOV 16 REC'U Mr. Lee S. Vickers City Manager City of Wylie P. 0. Box 428 Wylie, Texas 75098 Re: Sanitary Landfill Closure Plan Dear Mr. Vickers: We are enclosing six copies of the Work Order No. WYL-8, regarding the proposed engineering services for the closure plan of the City's sanitary landfill . It is our understanding that this Work Order will be considered at the next regular City Council meeting scheduled for November 22, 1982. Please advise us of the time set for the meeting as we will plan to attend to answer any questions that may be asked. With the City's authorization to proceed and approval of this Work Order, please execute all copies, retain three for your files, and return three to this office. We will appreciate the opportunity to perform these services for you. Very truly yours, HOGAN & RASO , INC (//7 C. , Rasor, P.E. E utive Vice President ksd Enclosures 2730 RepublicBank Dallas Tower Dallas, Texas 75201 214/742-5811 WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO. WYL - 8 This will constitute authorization by the City of Wylie, Texas, (Owner) , for Hogan & Rasor, Inc. , Engineers-Planners-Consultants, Dallas, Texas (Engineer) , to proceed with the following described engineering services. SANITARY LANDFILL CLOSURE PLAN The Engineer will perform the services in preparing the necessary data, final contour maps, and coordinating the other required site work (monitor well installation) for the closure plan of the City's sanitary landfill . The preparation of the closure plan will be completed in accordance with the "Municipal Solid Waste Management Regulations," of the Texas Department of Health, effective on November 19, 1980. The installation of the monitor wells are proposed to be performed by Maxim Engineers, Inc. , in accordance with their proposal dated May 28, 1982, and approved by the Texas Department of Health on November 8, 1982. Basis of Compensation: For performing the services described above, the Engineer is to be paid on a monthly billing basis at a per diem rate of personnel salary cost times a multiplier of 2.5, with reimbursement of all direct non- labor expenses and subcontract work at the invoice cost. The esti- mated total cost for the work performed shall not exceed $3,700.00 A breakdown of the costs for the services performed is as follows: Maximum Estimated Cost 1. Site mapping, contours, drainage, etc. $1,800.00 2. Monitor Wells and Testing 1,900.00 Total Estimated Maximum Cost $3,700.00 The estimated period of time for completion of these services will be ninety (90) days after approval of this Work Order. • -1- CITY OF WYLIit 114 N. BALLARD ST. - P.O. BOX 428 WYLIE TEXAS 75098-0428 MEMORANDUM TO: LEE S. VICKERS, CITY MANAGER FROM: BRIAN H. COWAN, DIRECTOR OF PUBLIC WORKS DATE: NOVEMBER 18, 1982 SUBJECT: BIDS FOR 3.0 INCH DIAPHRAGM PUMP The following are three (3.0) bids obtained November 18, 1982 for one 3.0 inch engine drivendidphragm pump for pumping water containing solids for the City's water and sewer department. 1 . W. W. Grainger, Inc. Dallas, Texas Teel pump and 3 H.P. Briggs and Straton Engine. $ 979.77 2. Pierce Pump Co. , Inc. Dallas, Texas Monarch pump and 3 H.P. Briggs and Straton Engine. $ 910.00 3. Texas Pump and Supply, Dallas, Texas Peabody Barns pump 3. H.P. Briggs and Straton Engine $ 1 ,080.00 I recommend that we purchase the pump from Pierce Pump Co. of Dallas due to the lower price and their in-house service. BHC/cj J Goal-Setting Policy-making can be simplified if the council defines the community's basic goals and objectives. Goals are general statements of direction—where the community should be going. Goals focus on the desired character of the city, the kinds and quality of municipal services offered, and land use, economic and other community development considerations. Goals usually are stated in broad terms, such as: "The city plans to make recreational opportunities available to all residents." The goals process establishes a basic framework for action. By setting goals and objectives and then deciding which ones are most important, the council can define what the city government will try to achieve over a given period of time. Without priorities, the council is likely to find itself drifting from issue to issue, crisis to crisis. Objectives are more specific than goals. Objectives are statements of desirable accomplishment within a specific time frame: for instance, development of five new recreation centers over a three-year period would be one objective of the goal of making recreational opportunities available to all residents. By setting objectives, the council can focus on a series of realistic goals and determine the resources needed to accomplish them. The process of setting objectives also gives the city a longer range planning perspective than merely setting specific targets in the annual budget cycle. From the administrator's vantage point, goals and objectives can provide direction as to what the council is trying to accomplish. Without clearly defined goals and objectives, the administrator may get conflicting signals and end up not meeting anyone's expectations. Additionally, goals and objectives can provide a useful evaluation tool. Having charted a course, the council will be in a position to determine how good a job the administration is doing in meeting agreed-upon priorities. Several Texas cities have formalized goal-setting into an ongoing process. In the City of Orange, for example, studies compiled through a series of neighborhood meetings culminated in an ACTION (A Committee To Improve Orange Now) statement of 50 priority community objectives. The "Austin Tomorrow" program, begun in the mid-70's, involved several hundred citizens working with the staff of the city planning department to develop long-range community goals which were subsequently adopted by the city council. Among all of the different goals programs successfully initiated in Texas, the common ingredient was leadership on the part of the city council. Equally important was the integration of goals into the city's comprehensive plan and budget and, finally, evaluation by both the city council and administration. Unless all of these elements are properly tied together, any goals program will conclude as just one more time-consuming exercise. Handling "Consent" Agenda Items Agendas tend to be cluttered with noncontroversial, recurring items which are of passing interest to most councilmembers, but must be included because they require formal council approval. Examples include council approval of the minutes of previous meetings, ordinary purchases, minor contracts, and routine fund transfers between accounts. Though perhaps not even discussed, each of these uses up time by requiring a separate motion to approve, a second, and a vote. This problem can be overcome by establishing a "consent" agenda category which includes routine items that are approved by a single motion and vote, without debate. ("Councilmember Smith moves the approval of items 3a, b,c, d, e, f and g.") Consent items are shown in the minutes as having been approved unanimously unless a councilmember wishes the record to showhim or her as voting "no" or abstaining. If a councilmember objects to a consent item, it is removed from the list and added to the regular agenda at the appropriate spot. If a councilmember questions a consent item, but not so strongly as to require that it be removed from the list, his or her "no" vote or abstention can be entered in the minutes when the consent vote is taken. The number of consent items can range from a handful to 25 or 30 or more, depending on the council's workload and preferences. Whatever the size, the consent agenda can be a real time-saver. One city reported that using a consent agenda had slashed the length of the average council meeting by 50 percent. Gifford—Hill & Company, Inc. PIPE DIVISION MAILING ADDRESS 8435 STEMMONS FREEWAY P. O. BOX 47127 PHONE 637-3860 DALLAS, TEXAS 75247 DALLAS,TEXAS 75247 November 10, 1982 QUOTATION TO Mr. Lee Vickers City Manager P. 0. Box 428 Wylie, Texas 75098 /PO PROJECT: Owner City of Wylie, Texas / J r`� Location City Storage Yard LETTING DATE: DELIVERY in truck load lots as near the desired locations on the project as these locations are accessible to loaded trucks operating under their own power, unless otherwise stated. TERMS: A 2 % cash discount will be allowed on all invoices paid in full by the 15th of first month fol- • lowing delivery, unless otherwise stated. This quotation is based on furnishing pipe guaranteed to meet the project specifications: Approx. Unit Quantity Description Unit Price 60 Lin. Ft. 15" T&G CL III RCP ( 6' Jts.) @$ 5.70 Per Lin. Ft. 72 Lin. Ft. 18" T&G CL III RCP ( 4' Jts.) 6.52 Per Lin. Ft. it- kg Y-f4 100 Lin. Ft. • 24" T&G CL III RCP ( 4' Jts.) 9.71 Per Lin. Ft. 13-1 NOTE: PRICES QUOTED HEREON DO NOT INCLUDE STATE SALES TAX. REMARKS: Prices are firm for job quantities if accepted within thirty (30) days from date of bid. DELIVERY: Two (2) weeks delivery after receipt of firm purchase order from contractor. LIABILITY - Seller shall not be liable for any delays or failure of delivery resulting from strikes, lockouts, work stoppages, labor disputes, war, civil disturbances, floods, acts of God, carriers' or suppliers' delays or defaults; or regulations of any governmental authority, beyond our control. Respectfully submitted, During the time of such delays we shall have the right GIFFORD-HILL PIPE C to prorate among our various customers, upon such equi- table basis as we shall determine, such concrete pipe as' $ �� C' ("2 ' /7- ev we shall be able to manufacture, ship and deliver. y J QUOTATION DTg Page one of HYDRO CONpIT CORPORATION P 7 Date of Quotation: Nov.10, 1982 Plant: Box 344009,Dallas,Tx.75234 Lee S. Vickers 4',91/ Project: City of Wylie P. O. Box 428 11 Wylie, Tx. 75098 '''Ip'J Bid Opening: Confirm Telephone Quote This quotation is an offer by Hydro Conduit Corporation ("Seller") to sell construction materials, is made subject to all terms and conditions on both sides hereof.and, if accepted by the Purchaser specified below in writing within thirty (30) days from date of quotation hereon, shall constitute a binding Contract between Seller and Purchaser upon the terms and conditions contained on both sides hereof. ITEM APPROX. DESCRIPTION &SPECIFICATIONS UNIT PRICE EXTENSION NO. UNITS 1 60 Lin. Ft. 15" R.C.P. Cl. 3 T & G @ 5.70 per lin. ft. 342.00 2 72 Lin. Ft. 18" R.C.P. Cl. 3 T & G @ 6.51 per lin. ft. 468.72 3 100 Lin. Ft. 24" R.C.P. Cl. 3 T & G @ 9.81 per lin. ft. 981_.00 =__ TERMS OF 2%-lOth, Net 30 DELIVERY FOB Jobsite DELIVERY PAYMENT: POINT: DATE: ACCEPTED this day of 19_, Respectfully submitted: upon the terms and conditions contained on both sides hereof. HYDRO Co N O U/T CORPORATION FIRM: 7 f ) --j 7 //7 BY: BY: : . �, " � :---.--1.,-LG.. ' \ Sales Representative TITLE: TITLE: Purchaser Seller HCC-S-10 (Rev. 1/82) AN ORDINANCE CREATIN A`; PLANNING AND ZONING � } COMMISSION FOR THE C OF WYLIE, TEXAS, AND • PRESCRIBING THEIR POIrERS AND DUTIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: That Section 1 , of Ordinance # 1956 , titled "An Ordinance Creating A Planning and Zoning Commission for the City of Wylie , Texas and Prescribing Their Powers and Duties" be amended to read as follows : Section 1 . That there is hereby created and established for the City of Wylie , Texas , a Planning and Zoning Commission, which shall be composed of 7 members . The members shall be resi- dent citizens , taxpayers and qualified voters of the City, all of whom shall be appointed by the Mayor subject to confirmation by the Governing body, to serve for terms of 2 years . All vacancies shall be filled for the unexpired term in the same manner as provided for the original appointments . All expired terms shall be filled for terms as provided for the original ap- pointments and in the same manners . Members of the Commission may be removed by the Mayor, with the consent of the Governing Body, after public hearing and for cause assigned in writing. The members of the Commission shall serve without compensation. ' Section- 2. The Planning and Zoning Commission shall elect a Chairman and Vice Chairman from its membership and shall have power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the Commission and to pay for their services and such other necessary expenses, provided that the cost of such services and expenses shall not exceed the amount appropriated by the governing body for the use of the Commission. It shall also have the power to make rules, regulations and by-laws for its own government, which shall conform as nearly as 1. As amended by Ordinance #79-26 November 13, 1979. possible with those governing the City Council and same shall be subject to approval by such Council. Such by- laws shall include, among other items, provisions for: ( a) regular and special meetings , open to the public; (b) records of its proceedings, to be open for inspection by the public; ( c) reporting to the governing body and the public, from time to time and annually; and (d) for the holding of public hearings on its recommendations. Section 3. The Planning and Zoning Commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts , for the future development and redevelopment of the municipality and its environs and shall have power and it shall be its duty to prepare a comprehensive plan and ordinance for zoning the city in accordance with Chapter 283, Acts of the Regular Session of the Legislature, 1927 , (Arts. 1011a to l0llj, R.C.S. ) . The Commission shall perform such other duties as may be prescribed by ordinance of State Law. PASSED AND APPROVED, this 26th day of . April 1956. APPROVED: A. D . Boyd Mayor Pro-Tem Mayor, City of Wylie ATTEST: W . W . Housewright City Secretary • . ORLINANCE 79-26 3� AN ORDINANCE A?•!EZ, JING PLANNING AND ZONINGBCOITYSSION ORIINANCE # 1956 AS AMENDED SECTION 1 . ; SEVERA VE DATE: November 13 , 1979 . TO ADD SECTION 4 : TO WIT ; VALIDITY Should any section or provision of this ordinance be declared invalid, such decision shall not affect the ordinance .as a whole or any part there ofexcept the section or provision so declared to be invalid. TO ADD SECTION 5 ; The effective date of this amendment to Ordinance # 1956 shall take effect . on the 13th day of November , 1979 . PASSED AND APPROVED this the 13th day of November , 1979 . ohn W. Akin, Mayor ATT T: 7 ‘111,E • 6)4411-Let- Sarah A. Connelly City Secretary r -=r Art. 1011e CITIES, TOWNS AND VILLAGES Note 7 iae Question whether amendatory zoning ordi- 10. Population nance was illegal and void because amount- Facts that there had been substantial in- i , , � ' ingto spot zoning was one of law and not of crease in population within city limits since o „ ar required to comprehensive zoning ordr- �'' � fact,and court in deciding it was red enactment of have due regard to all circumstances of city, Hance and that there was need for multifami- s ' rµ, object sought to be attained and necessity ly housing and public housing did not, nand '� existing for the ordinance. Thompson v. of themselves, justify "spot zoning" 4 City of Palestine(Civ.App.1973)502 S.W.2d rezoned subdivision from single-family use to fi y • 570, reversed on other grounds 510 S.W.2d multifamily use• Tippett v. City of Pharr i ' ' 579. (Civ.App•1980) 600 S.W.2d 951, reversed on It was zoning classification of tract of land other grounds 616 S.W.2d 173. which was rezoned from single-family resi- ¢�� ` dential to multifamily_ residential which 11. Conditional variance ' ? had to consider; permission granted tl Court of Civil AppealsRecord established that ��' therefore, quality of proposed development defendant by city to move houses onto agri- ! `� , was immaterial to its decision. Tippett v. culturally zoned property was,at most,con- ` t. rCity of Pharr (Civ.App•1980) 600 S.W.2d ditionally granted on a temporary basis sub s r ; }.,. t` , 951, reversed on other grounds 616 S.W.2d j to subsequent approval by planning and '-", � 4 n" : r 173. zoning commission; however, no such ap _ , ae In cases where a city amends its own eons- proval was granted and,therefore,defendant .)j i ' ; t'r s t ": prehensive zoning ordinance,the reasonable- was in violation of the ordinance. � l� t y -. ness or arbitrariness of the proposed action is Fuentes v.City of Kingsville zoning ordinance. 1) . ` " - ' ` a question of law to be decided by the court. 616 S.W.2d 679. _ x�, ` City of Lubbock v. Austin (Sup.1982) 628 , W" f �� * S.W.2d 49. 12. Pleadings c Pits , . • �` a- 8. Accessory use of property Naked assertions that action of city zoning ' , * ' ,: '�� -; ` > Tennis court to be used solely by one board of adjustment, in granting special use b �,, �� family and constructed on lot containing exception so that church could conduct non- ?': use"customar- profit ball park and practice field in reside* 4, their dwelling was"accessory with coin' incident to dwelling within city ordinance tial zone, was not in conformity ,; , li ,�-• prescribing zoning regulations for first dwell- prehensive plan did not establish such non. 'i..: .. 1 $ ing house districts. Hardy v. Calhoun(Civ. conformity as a matter of law where nrn� T- 1 �, ," App.1965) 383 S.W.2d 652.04 in their pleadings did objectors to , 31 . "c, 9. Traffic increases exception challenge validity of legislative and tive ice Evidence of increased traffic and widened tion which permitted ball par , 4k;.'., ` fields to be located in residential drstnc ' x r r - a streets in area in question was not sufficient , ��,, Board of Adjustment of City of San An • •� to create fact issue as to whether"spot zon- ing- v Leon(Civ.App.1981)621 S.W.2d 431." = f 4 5 > of particular tract was justified by changed conditions in the area. Tippett v. + 13. Notice s x City a Pharr othepp•1980) 600 S.W.2d who purchased their 951, reversed on other grounds 616 S.W.2d Homeowners 't � ' 173. after adoption of amendments to city ••. .,;di* zoning ordinance did so with . € 'e" . ,,,. Evidence of increased traffic and widened prehensive - 1 Mom` streets in the area in question fails even to tice of the rezoning ordinances.and -•• create fact issue as to whether case of"spot could not subsequently a 4. , t zoning" is justified unless increase in traffic against the city challenging the acne •-.m ,t` -, is tremendous or rezoning in question is sub- Leach v.City of North Richland Hills( ' , is �` } 1982)627 S.W.2d 854. i stantial. Id. , � � Art. 1011f. Zoning commission . ,w,,, the le al - (a) In order to avail itself of the powers conferred by this AAfta general � : '� ; � . body of a home-rule city shall, and the legislative body municipality may, appoint a commission, to be known as the Zoning Comm • (b) If a Zoning Commission is appointed, it shall recommend to be enforced t , /_ ,. 1 of the various original districts and appropriate regulations t.' i • Such Commission shall make a preliminary report and hold public not ,s �,��: .n , thereon before submitting its final report,and such legislative body . its public hearings or take action until it has received the final report 4., • Commission; provided,however,that any city or town,by ordinance,=ay pu� µ / for the holding of any public hearing of the legislative body, .: ,,,,,,, : 7, 196 1 - • i { Y it 1011f 1 CITIES, TOWNS AND VILLAGES Art. Note 2 notice required by Section 4 of this Act,jointly with any public hearing required to be held by the Zoning Commission, but such legislative body shall not take action until it has received the final report of such Zoning Commission. Where a City Plan Commission already exists, it may be appointed as the Zoning Commis- sion. Written notice of all public hearings before the Zoning Commission on ' proposed changes in classification shall be sent to owners of real property lying ,' within two hundred (200) feet of the property on which the change in classifica- , tion is proposed, such notice to be given, not less than ten (10) days before the '{ L. date set for hearing,to all such owners who have rendered their said property for i , 1) ; city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same,properly addressed and postage paid, property ytg . ., in the city post office. Wherelying within two hundred(200)feet of the s s ; property proposed to be changed is located in territory which was annexed to the i city after the final date for making the renditions which are included on the last ; L"..-„„!-,I - approved city tax roll, notice to such owners shall be given by publication in the1-1i,i4i4:,,,-;,-, ra ' manner provided in Section 4 of this Act. ` i ..' (c) Any other law that refers to a municipal Zoning Commission or Planning p- Commission shall be construed as referring to the legislative body in the case of a ` ,r .4t, general law municipality that exercises zoning power without appointment of a ° ;._ Zoning Commission. Amended by Acts 1979, 66th Leg., p. 1869,ch. 754, § 1, eff. Aug. 27, 1979. .> ' Cross References Where deed provided that grantees would r x` Enforcement of land use restrictions con- make no objection to any governing body w mined in plats,cities of more than 1,000,000, against zoning of remainder of grantors' , 4# see art. 974a-1. property for business or commercial use,ob- � r jection subsequently made to City Plan 11V`I'.. �` Law Review Commentaries Commission by sole stockholder and presi- Annual surveyof Texas law: Pro rt - dent of corporation which was successor of Y original grantees was made in behalf of cor- ' 4 " ( Land utilization. Paul B. Larsen, 21 South- poration, and not in an individual capacity, � ' ; ., .` ° western L.J. (Tex.)9, 10(1967). where sole stockholder and president owned t . . , Regional land use control. Robert Bruce no property in vicinity and property con- , , f,,, r , Evans, 22 Baylor L.Rev. 1 (1970). veyed under deed was only property owned •V ,. .07. t: Rezoning: Should it be legislative or judi- by corporation in vicinity. Id. s -ells cial function? Jerry L. Harris, 31 Baylor Right to appear before zoning cotmission -I is mere le dative right as distinguished from o w . � L.Rev. 409 (1979). 8i ' constitutional right. Lawton v.City of Aus- tin(Civ.App.1966)404 S.W.2d 648,ref.n.r.e. `# "� Legislature may put such restrictions on Supplementary Index to Notes and provide manner in which municipalities xx a, � Zoning changes 7 may exercise delegation of zoning authority nG , ., as it sees fit. Id. ` "al ' ,. Pre-election campaign statements and 1 .} 1. Validity of law promises,allegedly made by home rule city's �' . ' mayor and two councilmen running on polit- tablishment '�� ,� -� Notice provisions of statutes governing es-tt of and procedure by zoning corn- ical platform opposing construction of more °" y apartments, did not disqualify members of .1: mission were constitutionally adequate and participating valid. Lawton v. City of Austin (Civ.App. council from ici ti in its future offi- er , ,+ 1966)404 S.W.2d 648,ref. n.r.e. cial actions in passing or refusing to pass amendatory ordinance changing zoning from f- • • ..�� c 2. Construction and application apartment to residential. City of Farmers " `- "r Branch v. Hawnco, Inc. (Civ.App.1968) 435 " , Where grantees agreed to make no objec ts tion to any governing body against zoning of S•W2d 288, ref. n.r.e. grantor s remaining property for business or Assurances in regard to continuing apart- ,„ '''4"' commercial use, objection subsequently ment zoning given to property owner by ,- made to City Plan Commission was an"ob- individual members of home rule city's coun- s 44 ''" jection to any governing body." Dilbeck v. cil were not binding on such governmental k -11 .3 Bill Gaynier,Inc.(Civ.App.1963)368 S.W.2d body which may act only in its official capac- 804, ref. n.r.e ity. Id ,,.i +t 4$":,'6 i i wa r v''4 ,4:-., , „r f -^r: i..„rw ,,t,rvvcr .' ..aw,E .dad 4 i U. ,,,,s7-.-1-1-mow,.; s i 1r. a 7 '' s - CITIES, TOWNS AND VILLAGES Art. 1011g Requirement is not that amendment by Unger v. State (App.1982) 629 S.W.2d 811, city council to zoning ordinance have actual- review refused. ly been discussed before city planning corn- Exercise of police powep by ordinance re- mission, but that opportunity was afforded quiring permit for drilling oil within home for it to have been. Midway Protective League v. City of Dallas(Civ.App.1977) 552 rule porate cwithin limits did not require city statutory Tuor- S.W.2d 170, 7 A.L.R. 4th 725, ref. n.r.e. pte within its ordinance all of requirements for zoning regulations. Id. Generally speaking, zoning ordinances, -,.., both original and amendatory, are presumed Home rule city's ordinance requiring per- il IT to be valid; consequently,extraordinary bur- nuts for drilling oil wells within city limits den rests on party attacking the ordinance to was presumably constitutional. Id. # show that no conclusive or even controver- u sial or issuable facts or conditions exist 7' Ong changes which would authorize city to exercise its The City Plan Commission is an agency ' •4 `? discretion. Tippett v. City of Pharr (Civ. invested by law with duty of hearing applica- App.1980)600 S.W.2d 951,reversed on other tions for zoning changes and of making rec- grounds 616 S.W.2d 173. ommendations thereon to the city council, ,,, ; and an objection filed with the City Plan, Where city imposed temporary zoning in newly annexed area but did not comply with Commission is in effect an objection to the statutory zoning notice and hearing require- city council, which is the governing body. ment, and for nine years thereafter did not Dilbeck v. Bill Gaynier, Inc. (Civ.App.1963) initiate proceedings to enact permanent zon- _368 S.W.2d 804, ref. n.r.e. ing plans for annexed area,temporary zoning Trial court had no authority to restrain classification imposed on pope' annexed home rule city's planning and zoning com- tl was invalid. Haynes v.City of Quanah(Civ. mission from exercising its legislative funs- App.1980) 610 S.W.2d 842,ref. n.r.e. tion of holding public hearings on advisabil- Ordinance requiring permit from city for ity•of zoning change. City of Fanners drilling oil well within city limits did not Branch v. Hawnco, Inc. (Civ.App.1968) 435 conflict with state law on the same subject. S.W.2d 288, ref. n.r.e. Art. 1011g. Board of adjustment L ��; (a) Such local legislative body may provide for the appointment of a Board of Adjustment, and in the regulations and restrictions adopted pursuant to the ,. . authority of this Act may provide that the said Board of Adjustment may, in li appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general l^ i 1 purpose and intent and in accordance with general or specific rules therein 9Z. contained. I (b) The Board-of Adjustment shall consist of five (5) members, each to be 4 appointed for a term of two (2)years and removable for cause by the appointing , authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Provided, however, that the governing body of any city may, by charter provision or , ` ' ordinance, provide for the appointment of four (4) alternate members of the 1. Board of Adjustment who shall serve in the absence of one or more regular members when requested to do so by the mayor or city manager, as the case may . be. All cases to be heard by the Board of Adjustment will always be heard by a `" minimum number of four(4) members. These alternate members, when appoint- ed,I shall serve for the same period as the regular members and any vacancies shall " be filled in the same manner and shall be subject to removal as the regular members. (c) The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this Act. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of 199 yy 47?,�" x 0 3,447,;,.., '.' ';'3 - Art. 1011g CITIES, TOWNS AND VILLAGES , which shall be immediately filed in the office of the Board and shall be a public record. be taken an rson 'E (d) Appeals to the Board of Adjustment may by y Pe aggrieved or by any officer, department, board, or bureau of the municipality _• affected by any decision of the administrative officer. Such appeal shall be taken ,,... within a reasonable time,as provided by the rules of the Board,by filing with the _ officer from whom the appeal is taken and with the Board of Adjustment-a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. (e) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court n of record due cappliusecation on notice to the officer from whom the appeal is take (f) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any ,-. i party may appear in person or by agent or by attorney. , (g) The Board of Adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, 1 requirement, decision, or determination made by an administrative official in the � enforcement of this Act or of any ordinance adopted pursuant thereto. 2. To hear and decide special exceptions to the terms of the ordinance upon ,, TS` which such Board is required to pass under such ordinance. 3. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to d , special conditions, a literal enforcement of the provisions of the ordinance will '4;4', A result in unnecessary hardship, and so that the spirit of the ordinance shall be rr observed and substantial justice done. .., (h).In exercising the above-mentioned powers such Board may,in conformity with the provisions of this Act,reverse or affirm,wholly or partly,or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. (i) The concurring vote of four (4) members of the Board shall be necessary ,' to reverse any order, requirement,decision or determination of any such adminis- T;�, trative official,or to decide in favor of the applicant on any matter upon which it . " is required to pass under any such ordinance, or to effect anyvariation in such ordinance. i (j) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or k 4` bureau of the municipality, may present to a court of record a petition, duly k- kr, z:' verified, setting forth that such decision is illegal, in whole or in part, spec�fy1nB > )t,r the grounds of the illegality. Such petition shall be presented to the court within 4. ,,, ten (10) days after the filing of the decision in the office of the Board. (k) Upon presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the F :# ,; Board of Adjustment and shall prescribe therein the time within which a retort , m a;t thereto must be made and served upon the relator's attorney, which shall not be,:,,,,, �. less than ten (10)days and may be extended by the court. The allowance of tot ,.. . .,'`, „ writ shall not stay proceedings upon the decision appealed from, but the cou "" t'*y -* k = 200 , ... 1, • • . CITIES, TOWNS AND VILLAGES Art. 1011g Note 2 4_ ,. may, on application, on notice to the Board and on due cause shown, grant a restraining order. `` (1) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (m) If, upon the hearing, it shall appear to the court that testimony is r i necessary for the proper disposition of the matter,it may take evidence or appoint i a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of i the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly,or may modify the decision brought , up for review. ' (n) Costs shall not be allowed against the Board unless it shall appear to the 1 court that it acted with gross negligence,or in bad faith,or with malice in making the decision appealed from. (o) Repealed by Acts 1981, 67th Leg., p. 2646, ch. 707, § 4(54), eff. Aug. 31, 1981. Amended by Acts 1971,62nd Leg.,p. 2385,ch. 742, § 1,eff. June 8, 1971. Law Review Commentaries City of Dallas (Civ.App.1974) 517 S.W.2d Judicial review of administrative orders in 344. Texas. David M. Guinn, 23 Baylor L.Rev. Delegation of authority from home-rule 34(1971). city to its board of adjustment to initially 'r Rezoning: Should it be legislative or judi- hear and determine questions relating to cial function? Jerry L. Harris, 31 Baylor nonconforming use of property was a valid L.Rev. 409 (1979). exercise of city's police power. Id. Standing to appeal administrative deci- In suit in which plaintiff sought injunctive sions in Texas. Franklin S. Spears and Jeb relief and writ of mandamus to compel city C. Sanford, 33 Baylor L.Rev. 215 (1981). engineer to issue permit to allow repair of a Substantial evidence review in Texas building damaged by fire,error in refusing to Thomas M. Reavley, 23 Southwestern L.J. dismiss part of suit prematurely pled was (Tex.) 239(1969). harmless,in that trial court's judgment limit- ed to constitutional issues was valid if sup- ported by the record. Adcock v. King(Civ. • App.1975) 520 S.W.2d 418. Supplementary Index to Notes In suit brought by city for mandatory in- Costs 22 junction compelling removal or lowering of Discretion of court,review 21.5 advertising sign erected in violation of city Findings of board 24 airport zoning ordinance, trial court did not m Injunction 13.5 have power concurrent with that of board of Meetings 23 adjustment to issue variances, despite fact { Remedies generally 15.5 that, on appeal from board of adjustment, Res judicata 25 court could have determined independently - whether exception or variance was appropri- ate, and thus could not permit advertising 2. In general _ sign to remain as a variance to airport zoning Legislature may put such restrictions on ordinance. City of Dallas v. Gaechter(Civ. and provide manner in which municipalities App.1975) 524 S.W.2d 400, error dismissed. ;, may exercise delegation of zoning authority Where undisputed testimony established A as it sees fit. Lawton v. City of Austin that building fronted on highway and that (Civ.App.1966) 404 S.W.2d 648, ref. n.r.e. wall of building which did face eastern street This article which provides that boards of was solid wall without any doors or win- i adjustment of home-rule cities shall have au- dows,property was subject to 50-foot setback 1 thority "to hear and decide appeals" grants requirement for highway despite owner's t authority and does not prohibit boards of contention that his building "fronted" on adjustment from hearing matters initially if eastern street. Reiter v. City of Keene(Civ. granted such right by city council. White v. App.1980) 601 S.W.2d 547,certiorari denied 201 r II the effective date of this Ordinance or was a nonconforming use I under the provisions of the prior zoning ordinance and has since been in regular and continuous use. I 20-101 Any non-conforming use of land or structures may be continued for definite periods of time subject to such regulations as the Board of Adjustment may require for immediate preservation of the adjoining property prior to the ultimate removal of the non-conforming use. The ill Building Inspector may grant a change of occupancy from one non-conform- ing use to another, providing the use is within the same, or higher or more restricted classification as the original non-conforming use and El such change of use and occupancy will not tend to prolong and continue the non-conforming use. In the event a non-conforming use of a building may be changed to another non-conforming use of the same or more 11 restricted classification, it shall not later be changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned. II 20-102 If a structure occupied by a non-conforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction 11 of a non-conforming use not exceeding ninety (90) percent of its reason- able value, reconstruction will be permitted but the size or function of the non-conforming use cannot be expanded. II SECTION 21: BOARD OF ADJUSTMENT I 21-100 Organization: There is hereby created a Board of Adjustment consisting of five (5) members who are qualified citizens and voters and are .E•g members of the Planning Commission or City Council , each to be appointed I by resolution of the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as I the original appointment was made. Two members heretofore appointed shall serve until or until their successors are appointed and three members, as heretofore appointed, shall serve until II or until their successors are appointed, and thereafter each member reappointed or each new appointee shall serve for a full term of two years unless removed as hereinabove provided. Provided, however, that 1 the City Council may appoint two alternate members of the Board of Adjustment who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor. All cases to be heard 1 by the Board of Adjustment will always be heard by a minimum number of four members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members. 21-101 The Board shall adopt rules to govern its proceedings, provided however, 1 that such rules are not inconsistent with this ordinance or any State Statutes. Meetings of the Board shall be held at the call of the 1 38 1 I I Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the,Acting Chairman, may administer oath and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. 21-102 Appeals to the Board of Adjustment may be taken by any person aggrieved I , or by d_a officer, department or-board-of—the municipality affected by any decision of the a_dmin_istrative _officer, by filing with the officer from whom the appeal- is taken and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. I 21-103 An appeal shall stay all proceedings of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him I that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. I 21-104 The Board of Adjustment shall fix a reasonable time for the hearing of an appeal , give the public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon 1 the hearing any party may appear in person or by attorney or by agent. 21-200 The Board of Adjustment shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent to the applicant and all other persons who are owners of real property lying within two hundred (200) feet of the property on which the appeal is made. Such notice shall be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for City taxes as the ownership appears on the last City tax roll . Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. 21-300 Jurisdiction: When in the Board of Adjustment's judgment, the public I convenience and welfare will be substantially served and the appropri- ate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following special exceptions to the regulations herein established. 1 1. Permit the reconstruction, extension or enlargement of a building occupied by non-conforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use. 39 1 2. Permit such modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. 3. Require the discontinuance of non-conforming uses under any plan whereby the full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. It is the declared purpose of this ordinance that non-conforming uses be eliminated and be required to conform to the regulations prescribed in the preceding articles of this ordinance, having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the desig- nated non-conforming use and the conservation and preservation of property. The Board shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the City. 21-400 In exercising its powers, the Board may, in conformity with the provi- sions of Articles 1011-A and including 1011-J of the 1925 Civil Statutes of Texas, as amended, revised or reformed, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and make such order, requirement, decision or determin- ation as ought to be made and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant. 21-500 The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirement, decision or determination of any such administrative official , or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance. 21-600 Any person or persons , jointly or severally, aggrieved by any decision of ';e Board of Adjustment or any taxpayer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal , in whole: part, specifying the grounds of the illegality. Such petition shall presented to the court within ten (10) days after the filing of the ., decision in the Office of the Board and not thereafter. SECTION 22: PROCEDURES FOR CHANGES AND AMENDMENTS 22-100 Any person or corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the governing body for a change or amendment to the provisions of this ordin- ance or the Planning and Zoning Commission may on its own motion, insti- tute proposals for change and amendment in the public interest. All 40 VIII . SPECIAL ASSESSMENTS Special assessments may be defined , in simple terms , as assessments other than tax. Cities , whether large urban centers or small rural villages, have an active interest in special assessments , particularly for the paving of streets or street improvements . Applicable statutes divide cities into two classifi- cations , cities having one thousand population or less and cities having over one thousand population. Cities having one thousand inhabitants or less derive authority mainly from VACS Articles 1086 through 1100. However , of utmost importance to the smaller communities is Article 1104 enti- tled "Adoption of Provisions. " Under Article 1104 , a majority of voters of the city must vote to adopt the special assessing Articles before the city has the power and right to enforce their provisions . If the vote is affirmative, the result of the election shall be entered into the city council ' s minutes. A certified copy of the city council ' s minutes showing the election results shall be prima facie evidence of the election 's outcome. A brief outline of the applicable Articles with of- ficial headings for communities under one thousand persons is as follows : Article 1086, Powers of city; Article 1087, Order for improvements ; Article 1088, Costs; Article 1089, Assessments, railway; Article 1090, Assessment and certifi- cates ; Article 1090a, Validating assessment ordinances and liens in certain cities ; Article 1091 , Exempt property ; Article 1092 , Enforcement of lien; Article 1093 , Notice of hearing; Article 1094 , Hearing; Article 1095 , Reassessment ; Article 1096 , Owner may sue; Article 1097, Special reassess- ment ; Article 1098, Notice, etc. ; Article 1099, Special lien; Article 1100, Time limit . The majority of Texas cities , those with more than one thousand residents , will be concerned only with Article 1105b, Street improvements and assessments in cities having more than 1000 inhabitants . According to this Article, which does not require an election, the city council or govern- ing body of the city has the right to determine if any street improvement is needed and has the right to contract for the construction of any improvements . Payment for improvements is to be made by the city or in part by the city and in part 205 206 by assessments. City Clerks/Secretaries who need to fix a lien against non-homestead property for street improvement abutting the property will need to follow certain basic procedures : 1 . Adopt an ordinance which shows need, provides for the abutting property owners to be assessed on a pro-rata share, provides for a public hearing, • has a saving clause and an effective dat e 2. Establish estimates of cost as well as estimates of the front feet pro- VACS posed for assessment--the plans , Art . 3271a specifications, and estimates to be Sec. 19 prepared by a registered professional engineer 3. Enter into a contract or make arrange- VACS ments for actual work to be done Art . 2368a Sec . 2 a. Draw an assessment ordinance and present it to the Council for consideration b. Advertise the benefit hearing a minimum of three times in the newspaper, with the initial publication at least twenty-one days prior to the hearing citation c. Mail notices to affected prop- VACS erty owners at least fourteen Art . 1105b days in advance Sec. 9 d. Hold the public hearing, re- ceiving testimony from the real estate appraiser and from all the abutting owners who desire to be heard; at the conclusion of the hearing, pass the ordinance closing the hear- ing, finding benefits, and levy- ing the assessments 4. Upon completion of construction, mail all concerned individuals a letter of com- pletion and offer an arrangement for pay- 207 ment of assessment 5 . File lien--the notice of which can be filed immediately after passage VACS of the first ordinance which de- Art . 1220a Glares the necessity for the street improvement--with county clerk To clarify the legal references of special assessments , it might be beneficial to consult actual examples . Appendices 8. 1 through 8. 5 offer a pattern of action taken from the files of Forest Hill , Texas . Special acknowledgement should be given to Ann Marion, City Secretary, City of Forest Hill , for providing the exhibits in the Appendices . For inspection are the following: Appendix• 8. 1 , Ordinance Showing Need; Appendix 8 . 2 , Cost Estimate; Appendix 8. 3 , Ordinance Assessment ; Appen- dix 8.4 , Notice of Benefit Hearing for Assessment for Street Improvements ; Appendix 8. 5, Notice of Assessment (filed in Deed Trust Records with list of legal descriptions attached) . No assessment shall be made against any abutting proper or owners in excess of the special benefits of the property or the enhanced value ac- crued through improvements unless the assessment VACS has been determined at a public hearing. There- Art . 1105b fore, it is important that the governing body Sec. 9 hear testimony from a real estate appraiser, testifying to the fact that he is familiar with property in the city and with its value . The appraiser also must state that he has inspected the abutting property within recent times (pre- ferably within the preceding thirty days) , that he knows the appraised value of each abutting tract , and that he has examined the plans and specifications for the project and the amount to be assessed against each abutting tract . The appraiser must state that , if the project is completed according to specifications, the amount assessed the abutting tracts will , in fact , be equal to or greater than the amount previously assessed each of them. The purpose of following the statutory procedure is to fix a lien against abutting non-homestead property for the amount assessed the same. Failure to follow the procedures 208 will result in failure to fix the lien. For example , a city may learn in the course of a trial in which it has filed suit to foreclose a lien that , in fact , it has no lien and no grounds for foreclosure on an abutting proper- ty because it failed to follow the exact pro- cedure in proper sequence as outlined in the statute. Therefore , the attached forms should not be considered a do-it-yourself kit ; instead, the governing body should seek and follow the advice of the city ' s attorney at each step of the procedure. If the city attorney prefers, he may use forms different from those listed in the appendices, since it will be his responsibility to enforce the lien through court procedures . Even though the statutory procedure is followed correctly , there will be no lien against a homestead. Since much of the property in a VACS city is homestead property , it is customary to Art . 1091 ; try to obtain a voluntary mechanic ' s lien from Art . 1105b, owners of homestead property abutting upon the Sec. 8 street where the improvements are to be made . To be effective , mechanic' s liens must be secured before any work on the project is done. VIII . SPECIAL ASSESSMENTS Special assessments may be defined, in simple terms , as assessments other than tax. Cities , whether large urban centers or small rural villages , have an active interest in special assessments , particularly for the paving of streets or street improvements . Applicable statutes divide cities into two classifi- cations , cities having one thousand population or less and cities having over one thousand population. Cities having one thousand inhabitants or less derive authority mainly from VACS Articles 1086 through 1100. However , of utmost importance to the smaller communities is Article 1104 enti- tled "Adoption of Provisions. " Under Article 1104 , a majority of voters of the city must vote to adopt the special assessing Articles before the city has the power and right to enforce their provisions . If the vote is affirmative, the result of the election shall be entered into the city council ' s minutes. A certified copy of the city council ' s minutes showing the election results shall be prima facie evidence of the election ' s outcome. A brief outline of the applicable Articles with of- ficial headings for communities under one thousand persons is as follows : Article 1086, Powers of city ; Article 1087 , Order for improvements ; Article 1088, Costs ; Article 1089, Assessments , railway; Article 1090 , Assessment and certifi- cates ; Article 1090a, Validating assessment ordinances and liens in certain cities ; Article 1091 , Exempt property; Article 1092 , Enforcement of lien ; Article 1093 , Notice of hearing; Article 1094 , Hearing; Article 1095 , Reassessment ; Article 1096, Owner may sue ; Article 1097 , Special reassess- ment ; Article 1098, Notice, etc. ; Article 1099 , Special lien; Article 1100, Time limit . The majority of Texas cities , those with more than one thousand residents , will be concerned only with Article 1105b, Street improvements and assessments in cities having more than 1000 inhabitants . According to this Article, which does not require an election, the city council or govern- ing body of the city has the right to determine if any street improvement is needed and has the right to contract for the construction of any improvements . Payment for improvements is to be made by the city or in part by the city and in part 205 206 by assessments. City Clerks/Secretaries who need to fix a lien against non-homestead property for street improvement abutting the property will need to follow certain basic procedures : 1 . Adopt an ordinance which shows need, provides for the abutting property owners to be assessed on a pro-rata share, provides for a public hearing, has a saving clause and an effective date 2. Establish estimates of cost as well as estimates of the front feet pro- VACS posed for assessment--the plans , Art . 3271a specifications, and estimates to be Sec. 19 prepared by a registered professional engineer 3 . Enter into a contract or make arrange- VACS ments for actual work to be done Art . 2368a Sec . 2 a. Draw an assessment ordinance and present it to the Council for consideration b. Advertise the benefit hearing a minimum of three times in the newspaper , with the initial publication at least twenty-one days prior to the hearing citation c. Mail notices to affected prop- VACS erty owners at least fourteen Art . 1105b days in advance Sec. 9 d. Hold the public hearing, re- ceiving testimony from the real estate appraiser and from all the abutting owners who desire to be heard; at the conclusion of the hearing, pass the ordinance closing the hear- ing, finding benefits , and levy- ing the assessments 4 . Upon completion of construction , mail all concerned individuals a letter of com- pletion and offer an arrangement for pay- 207 ment of assessment 5. File lien--the notice of which can be filed immediately after passage VACS of the first ordinance which de- Art . 1220a Glares the necessity for the street improvement--with county clerk To clarify the legal references of special assessments, it might be beneficial to consult actual examples . Appendices 8. 1 through 8. 5 offer a pattern of action taken from the files of Forest Hill , Texas . Special acknowledgement should be given to Ann Marion, City Secretary, City of Forest Hill , for providing the exhibits in the Appendices . For inspection are the following: Appendix• 8. 1 , Ordinance Showing Need; Appendix 8.2, Cost Estimate; Appendix 8. 3 , Ordinance Assessment ; Appen- dix 8.4 , Notice of Benefit Hearing for Assessment for Street Improvements ; Appendix 8. 5, Notice of Assessment (filed in Deed Trust Records with list of legal descriptions attached) . No assessment shall be made against any abutting proper or owners in excess of the special benefits of the property or the enhanced value ac- crued through improvements unless the assessment VACS has been determined at a public hearing. There- Art . 1105b fore, it is important that the governing body Sec. 9 hear testimony from a real estate appraiser , testifying to the fact that he is familiar with property in the city and with its value . The appraiser also must state that he has inspected the abutting property within recent times (pre- ferably within the preceding thirty days) , that he knows the appraised value of each abutting tract , and that he has examined the plans and specifications for the project and the amount to be assessed against each abutting tract . The appraiser must state that , if the project is completed according to specifications , the amount assessed the abutting tracts will , in fact , be equal to or greater than the amount previously assessed each of them. The purpose of following the statutory procedure is to fix a lien against abutting non-homestead property for the amount assessed the same. Failure to follow the procedures 208 will result in failure to fix the lien. For example , a city may learn in the course of a trial in which it has filed suit to foreclose a lien that , in fact , it has no lien and no grounds for foreclosure on an abutting proper- ty because it failed to follow the exact pro- cedure in proper sequence as outlined in the statute. Therefore , the attached forms should not be considered a do-it-yourself kit ; instead, the governing body should seek and follow the advice of the city ' s attorney at each step of the procedure. If the city attorney prefers, he may use forms different from those listed in the appendices, since it will be his responsibility to enforce the lien through court procedures . Even though the statutory procedure is followed correctly , there will be no lien against a homestead. Since much of the property in a VACS city is homestead property , it is customary to Art . 1091 ; try to obtain a voluntary mechanic ' s lien from Art . 1105b, owners of homestead property abutting upon the Sec. 8 street where the improvements are to be made. To be effective , mechanic' s liens must be secured before any work on the project is done.