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06-26-2007 (City Council) Agenda Packet 74( Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, June 26, 2007— 6:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North John Mondy Mayor M. G."Red"Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City webs ite: www.wylietexas.Qov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.Qov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse,deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. June 26,2007 Wylie City Council Regular Meeting Agenda Page 2 of 4 A. Consider, and act upon, approval of Minutes from the June 12, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat creating one lot for New Heights Baptist Church Addition generally located west of Hooper Road and east of Regency Business Park Phase 2. (R. 011ie, Planning Director) C. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the period ending May 31,2007. (L. Williamson, Finance Director) D. Consider, and act upon, authorizing the City Manager to execute an amendment to the Extraterritorial Jurisdiction Agreement between the Cities of Wylie and Murphy. (M. Manson, City Manager) REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 9 (Nonconforming Uses and Structures) setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. (R. 011ie, Planning Director) Executive Summary The purpose and intent of the proposed amendment is an attempt to bring nonconforming properties into conformance with current regulations. The proposed changes do not prohibit a property from continuing a nonconforming use provided that such use was a conforming use prior to the time of passage of the previous Zoning Ordinance No. 2001-48 as adopted on November 11, 2001. One major change in the previous ordinance and the proposed ordinance is Section 9.5 Expansion of Nonconforming Uses or Structures. 2. Hold a Public Hearing and consider, and act upon, amending City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 2, Section 2.5.4 (Accessory Buildings) . (R. 011ie, Planning Director) Executive Summary At its June 19`h meeting, Planning and Zoning Commission voted 4-0 to table a recommendation to consider amending Article 2, Section 2.5.4 of the Comprehensive Zoning Ordinance. The Commission requested additional time to research and consider types of exterior materials allowed for accessory buildings,namely composite masonry vs.wood. 3. Hold a Public Hearing and consider, and act upon, amending Article II of Subdivision Regulation Ordinance No. 2003-03, by adding Section 2.12 establishing regulations regarding the abandonment of Right-Of-Way. (R. 011ie, Planning Director) Executive Summary The proposed amendment will provide principles and procedures for the abandonment of Right-Of-Way. June 26,2007 Wylie City Council Regular Meeting Agenda Page 3 of 4 General Business 4. Consider, and act upon, approval of a Site Plan and consider an Alternative Parking Agreement for Best Corner Wylie Addition, Block A, Lots 1 & 2 (Ace Check Cashing & Metro PCS). Subject property being generally located on the northeast corner of SH 78 and W. Kirby Street. (R. 011ie, Planning Director) Executive Summary Normally,the review and approval of site plans are delegated to Planning&Zoning Commission. In this particular case, the applicant is requesting approval for special off-site parking alternative along with the site plan in order to meet the minimum on-site parking required for Lot 1. The Zoning Ordinance requires City Council review and approval for special off-site Parking Alternatives. 5. Consider, and act upon, Ordinance No. 2007-18 adopting a date for the public hearing of the Capital Improvement Plan (CIP). (C. Holsted, City Engineer) Executive Summary On May 22,2007 Council approved an engineering services agreement to update the Thoroughfare Impact Fees. The fees were last adopted on July 25, 2006. The update is necessary to add Hensley Lane and Springwell Parkway to the capital improvements plan. Potential development in the western portion of the City has made the construction of these roadways necessary. 6. Consider, and act upon, the recommendations of the 2007 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, North Texas Municipal Water District, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board,Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for those whose terms expire in July of 2007 and appointment of a representative and an alternate to the Southeast Collin County Emergency Medical Services Coalition. (C. Ehrlich, City Secretary) Executive Summary Article 8, Section lA of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendation to City Council. The City Council has prescribed the purpose, composition, function, duties, accountability and the tenure of each board, commission and committee. An interview panel,consisting of three council members,was used to conduct interviews of all applicants.All applicants were personally contacted to schedule an informal meeting, in open session, with the Boards and Commission Council Interview Panel. 7. Consider, and act upon, Resolution No. 2007-18(R) authorizing the Mayor Pro Tem to execute a Promissory Note, in the amount of$155,000.00, and all documentation necessary to effectuate the Note between the City of Wylie and Wylie Economic Development Corporation. Executive Summary The Wylie Economic Development Corporation (WEDC) is under contract to purchase ±3.2 acres from Global Innovation, Inc. (formerly Lone Star Circuits). The purchase price for the tract is$155,000. In an effort to reduce the interest expense and fees required via conventional financing and preserve the WEDC's present cash position, the WEDC is requesting that the City of Wylie enter into a Promissory Note (as attached)for 100%of the purchase price. June 26,2007 Wylie City Council Regular Meeting Agenda Page 4 of 4 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III,Section 13-D. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • In the vicinity of Olde City Park at State Highway 78 and South Jackson Avenue RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: 1. Consider, and act upon, Resolution No. 2007-19(R) authorizing the application for a Collin County Park and Open Space Grant for the purposes of land acquisition for Olde City Park. (M. Sferra, Public Services Director) Executive Summary The 2003 Collin County Bond election established a pool of funding for park and open space development in Collin County. The County took the approach of establishing a matching grant system as the means of distributing the funding throughout the County. The grant is set up as a 50-50, dollar-for-dollar, reimbursement program. Staff received notice in March 2007 that the County was accepting grant applications for the development, expansion or improvement of parks and open space. Applications must be submitted to the County by July 9, 2007, and awards for successful applications will be made by the County in October 2007. ADJOURNMENT �lllllllI,,!,� CERTIFICATION .�``y O F /4,''' I certify that this Notice of Meeting was ppp pri this 22' rf p u,ne, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of th&7 s t•Ll�lc 9nd that the appropriate news media was contacted. courtesy,this nda is cfso p#steliph4 ity o Wylie website: www.wylietexas.gov. • • Carole Ehrl' , ity Secretary �i Y °°°°"° ° S `.```�� D Notice Removed jVit Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, June 12, 2007 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council members present were: Mayor Pro Tem Red Byboth, Councilman Carter Porter, Councilwoman Kathy Spillyards, Councilman Merrill Young, Councilman Rick White and Councilman David Goss. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Library Director, Rachel Orozco; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tem Byboth gave the Invocation and Councilman Goss led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Jim Kelloati residing at 1108 Chilton Drive, Wylie Texas addressed Council asking for easing of the water restrictions based on the level of local lakes and rain received over the past few months. He sited examples of neighboring cities and the easing of those city's restrictions. He explained that he was requesting the ability to water two days per week and the ability to wash his car. He also recommended water conservation kits be made available to citizens. Fakhra Akbar residing at 3503 Lombardy Drive, Wylie, Texas addressed Council stating that she was very excited about the possibility of Target and Shafer Properties looking at the Wylie area. She explained that she had resided in Wylie for about 5 years and was very happy with the development she has seen. She asked Council to consider the type of commercial buildings allowed to be constructed in Wylie, and asked Council and staff to consider buildings with architectural design; not "cookie cutter" designs. Minutes—June 12, 2007 Wylie City Council Page 1 Kurt Strange residing at 7900 E. Parker Road, Allen, Texas (City of Wylie) addressed Council stating that he was speaking on Item #4, Request for disannexation (Ordinance 99-23). He explained that he and six other Wylie residents were requesting disannexation. He reported that documents had been signed allowing him to speak on behalf of: Mr. & Mrs. Michael Benner, 7960 E. Parker Road; Robin V. Duncan, 7750 E Parker Road; Gerald and Sally Lewis, 7730 E. Parker Road and 7700 E. Parker Road, Kenneth and Patsy Lewis, 7664 E. Parker Road; Alice M. Thomas, 7630 E. Parker Road, and Edward and Karen Sledge, 4010 Bois D'Arc Lane, Wylie Texas. He explained to Council that due to the lack of services over the past seven and one half years, he and the other residents were requesting disannexation. He reported that all residents in question had signed a form stating that the request for disannexation did not include a request for payment of back property taxes; rather the residents were requesting disannexation to keep from paying further taxes to the City. He commented concerns regarding Dove Creek and Taylor Lane adjacent to the Benner property not being annexed with the other properties in 1999. He spoke about the lack of Police services available to the residents over the past few years. He reported that when calls come into the 911 system, they are rerouted to Collin County. He reported that the GIS at 911 was corrected now but the Wylie Police Department still did not patrol the area. He explained that the residents had no problem with fire service stating that they responded when called due to their service area going out into the Extra Territorial Jurisdiction for Wylie. He reported that the area was never provided sewer services but felt the septic systems the resident were on, were satisfactory. He reported that in reviewing the service plan, the city had committed to providing service within 60 days of annexation. He reported that this was not completed. Mr. Strange commented that the residents were currently in the City of Parker's CCN but felt the City of Wylie could apply for an amendment to their CCN and include the annexed land into the Wylie Utility area. He explained that he felt the reason the City did not amend the CCN was due to the need to construct a two and one half mile water line to service the area in question. Mr. Strange reported that he had contacted the Wylie Animal Control Department last year for service and the employee stated that the residence was in Collin County and to call Collin County for service. He commented that the City of Allen addresses that he and the other residents had were confusing when requesting emergency services. He explained that residents living in Dove Creek and Taylor Lane had Wylie addresses but the post office cut off Wylie addresses at that point and issued Allen addresses to those past that point. "Every service we try and receive from Wylie is refused because of our Allen addresses". He reported that currently he uses another provider for his trash pickup. He stated that he was very satisfied with their services. He stated that he had no intention of changing trash services even if the City provided them to him. Mayor Mondy asked for clarification regarding services. He asked Mr. Strange if he was receiving fire protection service. Mr. Strange reported that he was. Mayor Mondy asked Mr. Strange if he was requesting trash pickup or sewer from the City. Mr. Strange replied that he was not interested in City trash pickup but felt from conversations with developer, Gary DeFrain that sewer service in that area was many years away. He reported that the sewer line was implemented near Southfork Mobile Home Park and eight years later is still more than a mile away from the area in question. He stated that he and the other residents had septic tanks that had been in use for many years. He stated that his complaint was arguing with service providers as to whether he and the other residents were in the City of Wylie. He explained that residents of Wylie should not have to argue for services. Sally Lewis residing at 7730 E. Parker Road, Allen Texas addressed Council reiterating the fact that the residents seeking disannexation were never provided complete services within 60 days of the annexation provided in the "service plan". She explained that the Wylie Police Department had never provided services to her residence. She explained again that she and the other residents were not asking for the refund of taxes but rather to be disannexed at this time. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of Minutes from the May 22, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) Minutes—June 12, 2007 Wylie City Council Page 2 B. Consider, and act upon, a request from the following groups to sell items at the Summer Concert Series: Friends of the Smith Library, Blackland Prairie Playground Foundation and the Searching for A Star Foundation. (R. Diaz, Asst. Superintendent, Parks and Recreation) C. Consider, and act upon, approval of a Replat for Woodlake Village Addition, Block C, Lots 1R-6 & 1R-7 generally located on the northeast corner of S.H. 78 and Spring Creek Parkway. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Final Plat creating one lot for Community Park Addition, Block A, Lot 1 generally located south of Stone Road, at the southeast corner of Thomas Road and Pirate Drive. (R. 011ie, Planning Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2007. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve the Consent Agenda with one correction to Item #C; changing "generally located on the northeast corner of S.H. 78 and spring Creek Parkway" to "generally located on the northwest corner of S.H. 78 and Spring Creek Parkway. A vote was taken and passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2007-16 approving and authorizing the execution and delivery of $750,000 "City of Wylie Public Property Finance Contractual Obligation, Series 2007" to American National Bank; specifying the terms of such contract; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contract, including the approval and execution of a paying agent/ registrar Agreement; and providing an effective date. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that pursuant to V.T.C.A, Local Government Code, Subchapter A of Chapter 271 ( the Public Property Finance Act), the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property. A new Quint fire truck will be purchased with the proceeds of the Contractual Obligations. The Quint was approved as part of the Capital Improvement Plan for this fiscal year. American National Bank had the best bid for the proposed bonds. Council Discussion Mayor Mondy asked Fire Chief Corbin if the purchase of this Quint met with his approval as it was purchased prior to his taking the position of Fire Chief. Chief Corbin reported that he was very satisfied Minutes—June 12, 2007 Wylie City Council Page 3 with the purchase of the new Quint commenting that the department had pushed back the purchase as long as possible and this Quint would service the new Station #3. He stated that this was an excellent piece of fire apparatus for the City of Wylie. Council Action A motion was made by Councilman Porter, seconded by Councilman White to adopt Ordinance No. 2007-16 authorizing the issuance of "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2007 in the aggregate principal amount of $750,000; approval and execution of a Paying Agent/Registrar Agreement and a Purchase Agreement and resolving other matters incident and related thereto. A vote was taken and passed 7-0. 2. Consider, and act upon, Ordinance No. 2007-17 amending the Stage 3 Drought Contingency Plan for the City of Wylie. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on July 7, 2006 Council adopted the North Texas Municipal Water District (NTMWD) Drought Contingency Plan. The current plan allows for watering once every seven days based on the resident's trash collection day. On May 18, 2007 the NTMWD held a meeting with the City Manager's of all of the member cities to discuss the current drought status and water rights. The District identified two possible revisions to the City's drought plans that would not conflict with NTMWD remaining in stage three. The revisions are, to allow landscape watering two times per week with a reduced time period and to allow washing and rinsing of vehicles with a hose end shutoff nozzle at any time. He explained that currently residents were allowed to water one day per week for a maximum of 16 hours. The proposed ordinance would allow two days a week watering, for a maximum of 8 hours per day. Council Discussion Mayor Mondy asked Mr. Marvin Fuller, NTMWD Board member representing the City of Wylie to come forward. Mayor Mondy asked Mr. Fuller about the continued conservation efforts with the lakes being close to full. Mr. Fuller reported that NTMWD would continue its water conservation until such time as additional resources are in place. He reported that the conservation is about water rights and at the present time we are behind in water rights. He reported that until next April when the reuse program is put online and the line is completed to Lake Tawakoni and additional water rights are in place; the district will not back down from the Stage 3 restrictions until all water resources are full and new water rights are implemented. He reported that NTMWD will always use water conservation as part of their overall philosophy. Mayor Mondy asked Mr. Fuller what additional water rights he was referring to. Mr. Fuller stated that the amount of water the district was allowed to take from the lakes within their water rights; Lake Lavon, Cooper Lake and Lake Texoma. Mayor Mondy asked Mr. Fuller if the district was going to continue the "take or pay" policies. Mr. Fuller replied that he felt the district needed to review those policies regarding cities with large growth using more water and cities nearing build out stabilizing. Mayor Mondy commented that he believed once the other NTMWD Board member was appointed by Council, a work session was needed to convey the city's position with regard to NTMWD policies and convey these positions to the district; especially the "use it or lose it" policy. City Manager Manson commented that all cities within the district would be required to approve a change in the district's "use it or lose it" policy. Mayor Pro Tem Byboth stated that he would like to see all NTMWD member cities comply with current policies and somehow encourage them to do so; right now each member city has their own policies regarding watering. City Manager Manson stated that when she attended the recent NTMWD meetings; it was a huge source of frustration for cities that were following the recommended conservation policies to see cities that were not. Ultimately the NTMWD has no ability to force those cities not compiling to do so. Councilman Young stated according to predictions, the drought was forecast to last thru the remainder of 2007. He explained that he would like to see the current Stage 3 restrictions kept in place until the end of summer. Mayor Mondy stated that he believed like Councilman Young that the watering should remain with the current policy. Minutes—June 12, 2007 Wylie City Council Page 4 Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to approve Ordinance No. 2007-17 amending the Stage 3 Drought Contingency Plan for the City of Wylie. A vote was taken and passed 5-2 with Mayor Pro Tem Byboth, Councilman Goss, Councilwoman Spillyards, Councilman White and Councilman Porter voting for and Mayor Mondy and Councilman Young voting against. 3. Consider, and act upon, authorizing the Mayor to execute an amendment to the Professional Services Agreement between the City of Wylie and ARCHITEXAS. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the scope of the original Agreement between the City of Wylie and Architexas included design services for the Library only. An amendment was approved in December 2006 to include the schematic design of the City Hall and Recreation Center, but did not include the design and construction documents for the two projects. As of several work sessions, the decision was made to move forward with the design and construction of all three buildings, requiring this amendment to the Agreement. Ms. Manson reported that the timeframe for completion of the buildings was: Design Development —4 months, Construction Documents — 6 months, Construction Procurement Services —2 months, and Contract Administration —22 months. Councilman Young asked City Manager Manson if the cost for the buildings had changed within the revised contract. City Manager Manson stated that the cost for the buildings was the same, just the timeframe and services that included design and construction procurement services, contract administration, civil engineering, interior design and furniture selection, graphic design, architectural light design, acoustical/audio visual design, and a LEED (Leadership in Energy and Environmental Design) consultant. These services would be provided for all three buildings. Council Discussion Craig Melde representing ARCHITEXAS addressed Council stating that he would be happy to answer any question. Mayor Mondy asked Mr. Melde if a consultant for the LEED portion of the project had been hired. Mr. Melde replied that his firm wished to have a work session with Council to determine whether to go forward with LEED in the project or sustainable construction. He explained that if the decision was made, not to use the LEED construction, the cost would be deducted from the Agreement. This amount would be approximately$132,000. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Young to authorize the Mayor to execute an amendment to the Professional Services Agreement between the City of Wylie and ARCHITEXAS. A vote was taken and passed 7-0. 4. Discussion of disannexation request by a citizen, and related issues, of property annexed into the City limits by Ordinance No. 99-23 and receive input from staff and citizens. (M. Manson, City Manager) Minutes—June 12, 2007 Wylie City Council Page 5 Staff Comments City Manager Manson addressed Council stating that during the May 8, 2007 meeting, Council heard input from staff and citizens regarding the requested disannexation of property annexed into the City in 1999. Following the discussion, Council requested staff to calculate the property tax impact both for the possible refund of taxes for prior years to the affected property owners and for the tax loss to the City should the property be disannexed. Staff has compiled those figures for presentation tonight. She stated that taxes paid by residents requesting disannexation, with the exception of one resident, were outweighed by the per capita cost to provide those services which is allowed by state law. Property owners requesting disannexation have also provided information requested by Council which includes a signed document requesting disannexation signed by 7 property owners. Also provided by the property owners is an affidavit signed by each property owner requesting disannexation without requesting a refund of taxes paid in prior years. She reported that per Council request, staff researched the total properties annexed within Ordinance 99-23 and found that number to be twenty. She reported that of the twenty annexed, seven were requesting disannexation. City Manager Manson noted that when property is annexed by ordinance, the executed ordinances are sent to the County for filing. Once the County receives the annexation, the different county agencies ideally make those changes to their records. At this point the appraisal district starts to collect taxes and agencies such as the 911 revise their records to indicate the change. This is not a flawless process and there are times when the process at the County level is not communicated properly. Mayor Mondy asked Ms. Manson who controlled the Allen address for these residents. City Manager Manson stated that it was controlled by the zip code from the U.S. Postal Service. Mayor Mondy stated that the chances of the City receiving a change in the current zip codes from the U.S. Postal Service were remote. Mayor Mondy asked staff what the State of Texas recognized as city services. Ms. Manson replied that the state uses a tier approach. She concurred that the 60 day requirement for services was correct however, Public Safety, Police and Fire were the most immediate. Other levels of service, water and sewer in particular have a longer timeframe to comply; at the time of this annexation, I believe it was 5 years however there is a caveat in the state law which provides that "if there are other areas currently within the City that are in a similar situation as far a terrain and location, that are not receiving sewer service then the City is not required to provide the same service to other annexed areas with a similar situation". Mayor Mondy asked Ms. Manson if there were areas in Wylie at the time of this annexation that were not being provided sewer. Ms. Manson replied that there were. Mayor Mondy asked City Manager Manson if the City had other water districts within the city limits. Ms. Manson replied yes there were three. She reported in response to the comment made by Mr. Strange, the City was in the process of updating their CCN. It has been many years since the CCN has been updated to accurately reflect the current City limits. Mayor Mondy asked Ms. Manson when the first complaints regarding this annexation were made. Ms. Manson replied that during the public hearings for the annexation there was opposition. The next time was in 2005 when the same seven property owners hired an attorney. Mayor Mondy asked Assistant City Manager Butters if all Police issues had been rectified. Assistant City Manager Butters stated that was hard to answer. "I know the letter that was received by the attorney representing these residents in 2005 was the first time I was aware of any problem with police services or problems with 911." At that time a 911 coordinator was used and the annexation ordinances were sent to that coordinator for service revisions. He explained that all other annexations completed in 1999 were rerouted to the City. Mr. Butters stated that he did not know why there was a problem with the rerouting of Annexation Ordinance 99-23 but he was not made aware of the problem until 2005. Mayor Pro Tern Byboth stated that even if a Wylie Police car was not dispatched to a call, one of the jurisdictions did respond to the call and through the City's interlocal agreements with other jurisdictions, the City in some way is paying for those services. He explained that he believed the services were still there and the calls were being responded to. He noted that he believed the service area corrections were now in place and would be working properly. Mayor Monday asked about Fire services provided to the annexed area; noting that Mr. Strange had commented earlier that he felt the Fire services were being provided. Fire Chief Randy Corbin addressed Council stating that part of the confusion was the issue of the roadway belonging to a different jurisdiction. He stated that he believed this was part of the confusion when calls were made as to which jurisdiction was to respond depending on the actual location of the call. If a resident calls for a service on the Minutes—June 12, 2007 Wylie City Council Page 6 roadway that is a different responder than if a resident calls from the residential driveway and similarly if you call from a land line versus a cell phone, you will receive a different responder. Due to these issues, we can not confirm that the Wylie emergency vehicles will be the first responders but we can guarantee that a response will be provided from one or more of the jurisdictions. Mayor Mondy asked if all responders knew where the city boundaries were. Assistant City Manager Butters replied that police and fire were aware of the boundaries and carried maps showing those correct boundaries. Each officer that goes thru training drives those specific boundaries. Mayor Mondy asked Assistant City Manager Butters if the issue with animal control had been corrected. Asst. City Manager Butters replied yes. Mayor Mondy then stated that in the documents received from the residents requesting disannexation, they had requested to keep the trash services they currently had. Mayor Mondy asked City Manger Manson what the sewer requirements were for the City. Ms. Manson replied that if a residence was within 500 feet of an existing City sewer line, they were required to tie on. Mayor Mondy asked City Engineer Hoisted if these property owners were within the 500 feet of an existing sewer line. City Engineer Hoisted replied that even when the lines were completed in the area, the resident would be further than 500 feet from an existing sewer line. Mr. Hoisted noted that it would be a substantial cost to the City to run lines over to these residents to within 500 feet. Mayor Mondy asked if he was correct in assuming that if they were not within the 500 feet, they could legally operate a septic system. City Manager Manson replied that they could. Ms. Manson explained that there was a similar situation with a resident on the west side of the City several years ago that requested disannexation for lack of sewer service. This case actually got into litigation and ultimately the City prevailed. Mayor Mondy asked Council and staff if there were any services not noted that the property owners were concerned about. Councilman Porter replied that the Wylie library card had been addressed and was now corrected. Library Director Orozco addressed Council and stated that she had sent letters with library applications and newsletters to the residents in question regarding the issuance of library cards. She explained that three of the letters had been returned. She noted that she was present tonight to issue library cards to those residents if requested to do so. Mayor Mondy asked staff how the City was going to address the issue regarding residents of Wylie with Sachse and Allen addresses. City Manager Manson stated that there are residents with a Wylie address as well, that are not in the corporate city limits. She explained that staff would be vigilant; keeping in mind that the mailing address is not an indicator of what city they reside in. Sally Lewis residing at 7730 E. Parker Road, Allen Texas addressed Council commenting on a statement made earlier that it was in the"best interest of the city to leave the annexed area within the City to protect the city boundaries". She commented that the biggest area near S.H. 1378 and Parker Road was currently not in the City and was left out of the annexations. Mayor Mondy stated that these areas were in the process of being addressed. Ms. Lewis asked with regard to all the confusion with services in the past years and the provisions to receive services, was that just too bad? Mayor Mondy replied that Fire services have always been provided and police responders through mutual aid agreements have always been provided. Ms. Lewis then asked why the residents always had to argue over those services. Mayor Mondy replied that there were humans involved in the process; with new technology and GIS systems in place these issues should be corrected. There was no action taken or direction given to staff on this item. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance Nos. 2007-16 and 2007-17 into the official record. Mayor Mondy convened into Executive Session at 8:09 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Minutes—June 12, 2007 Wylie City Council Page 7 1. §§551.087 Deliberations regarding economic development negotiations. To discuss commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay or expand in or near the territory of the governmental body and with which the governing body is conducting economic development negotiations. • Presentation of discussions held with Direct Development, Target, Shafer Properties, and Starbucks at the International Conference Shopping Centers (ICSC) held in Las Vegas, Nevada May 19-23, 2007. Mayor Mondy reconvened into Open Session at 8:35 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: No action was taken as a result of Executive Session ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 8:36 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—June 12, 2007 Wylie City Council Page 8 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2007 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: 06/04/07 Budgeted Amount: Exhibits: One Subject Consider, and act upon, approval of a Final Plat creating one lot for New Heights Baptist Church Addition generally located west of Hooper Road and east of Regency Business Park Phase 2. Recommendation Motion to approve a Final Plat for New Heights Baptist Church Addition creating one lot, generally located west of Hooper Road and east of Regency Business Park Phase 2. Discussion The property totals 8.1 acres and will create one lot for a church campus. The property is zoned Light Industrial (LI) District and has never been platted. Abutting properties to the north, south and west are undeveloped and zoned LI. Partially developed properties to the east and across Hooper Road are zoned LI and partially developed for industrial uses. A 150-foot wide TXU easement(1.39 acres) abuts the property to the south. A preliminary plat and site plan were approved by the P&Z Commission in February 2006, indicating a two-story, 17,646 square foot facility. The church facility is proposed to be built in phases, with the first phase consisting of an 800-seat sanctuary. The Final Plat complies with all applicable technical requirements of the City of Wylie and conforms to the approved site plan and preliminary plat. Planning and Zoning Commission voted 5-0 to recommend approval. Approved By Initial Date Department Director RO 6/4/07 City Manager 440-7 Page 1 of 1 4• I.0 ACRES I DOREEN CERnFICATE EVELYN PCCURLEY � JINN C. DIAZ VOL. 4470. PG. 1697 1 TnirvrvaF CE'"sau N S m VOL. 2453. PG. 536 nl aN wran Ina orwrwawsawan ae vnulNn c.r,ARF TND.En.Crya Cw13a part SURVEYORS CERTIFICATE BEGINNING ds'a:2:3311n c.sa Viand a.."�"e.a'm:vnc°I,""�3..,g wernKc Nov.THEREFORE KNOWALL NEN ey THESE PRESENT. N 7os45a.osa P ,� os .-.. E 25575M.IT aj v2 9s S 69'42'49•'E 66.9.13' stir c6MIPD E.ONER vm Pe„�,,, y T aaT Harr, 4.62 ._.._ .-659./3' 97-000292 AaEs BB "a6"aNaao<roBMm,..IeaN wa " Ia°i"°°PMRne D.Fees,III, .»or°ya M'"Mu.°"°"."°monumentsan S CE SOTNAC I w er 1. BB70 wad «wN Mnpawpaw .'.**.J.• qr. Read(wwsS R I o:" np"" &"`y "o"°e a7,.c :,Iona c.wnw..nd".clod east earner ar• w� M�nM. °' • 2331P' • WRECKS 00�a.«¢yy�� W utn NA0.0 n.@1000..RwC,. 5 75Tearoat?nn y«c�G a�y��.yE RaaaMMPrdeawnal Land Surveyor Nn 50N SCI.11.41 N'Fx br anwr y' r A ISOkd 2 REST 2161f Pwer.M Lry� ti D«ercoieeCnva4"e 5]..Ppe.35 I 1 I AneyLn,a Re«wwadCal.n Lawry.Pevnr. y %/_(ram 27909 kit.- \\QT THENCE sswnuaw ate. pw�.Alerq rNn r. C0OR N Ig 9p 6 $\\� arx 101.40 ^ I„ Loth re«dacesr tamer Mee NIZT.X.rornorrflserd tract.end '° stomped c Or•M.disterror or8. I?eon TO? "re^b°e':�°"ra.'N^^ m,ro«d.«n.� ioo 15. sb a 53 prourWrwpe ecawr'a�i° c 111 ie.ao' s\�. ro%62' NaB,In:a°vM°'6m°3a�,a„,Bn.sac ttssoN«I""ror wa.r n m: edema.as R a Oven soar day � �3s.ao'�Y LOT 1 N 'N COM3E AonR0B6 TeA"si..Ncss s0 S.TAT "<ioi e@ciNrarNO'aic.`n°a<ow:°aa"l.io«rasa my sea or me 2007 r �"', BLOCK I 444 AM ss3B3«par. oNn,a 1 a a _- ---� 1.7S 7PT';AN'VIr.4O.s:Yfaiffi7 F. i : Ca� 1.7S N N No,waa n.ndrorm.staMm�.... r Common,par«. �/'/�3.1Q NOW THEREFORE.KNOW ALL MEN BY THESE PRESENTS. �" V �MiLowN.T.H IC TS E m cKGMIRGR,,ntIr eve tls \•R, I I .9, EASEMENT TO BE ABANDONED M' y Iy ADpTgN �' °a°fO o14 ®VI a gliSy Pr443 wdcwI. RECOMMENCED FCR APPROVAL \ A0a4m tatM OAy dV41ro.in nd <•\ 1 1 I. Bear,and MNr and eecorranodat,or aMBae�a0m.wnaea and.so, _ g Vet W rvMpMro 5, i„ =bI 1 360o n Vn�mEA9EUErar N'+I i' I eNMn1 a a Mo/ M _ �� 6 EAST 25607 �KI' EAST 233.67 JL_Euz 3$ wpM sNpry°i Ir's�` -8 - \ Q qe« F 'w`;a m:aw.e M.drro« N�PIAWOWMnw"`“'""'"" LAIL r�z REST 606.09 j-� • TOM SLAM Etwiaaasa2lwnc..ru e5 4•S aNFN.w iesaa"wnlN.CAT a IE.TEXAS kAom re I I o l 2W P"« ters part f� � a Gala 207. AC BTED Qi w I 25,10E a -_ I - 9 LL al RATw.I.HTLSWVLR.ILAA0 TATE - `< 5Er9.G a A - V o w s V2 NS V2 PP 1P2 PP �ewIe� qN _ E25 H9IRS ..-.. S 89'37133"W 669./4' ..-.. ...-. Z oi�i.EwHEicANrs BAPTIBT CHURCH iwhElcr9r"°s°6+"'PralsM as°ilne°c2'nGaTi3.Ia ;s'amB"»e°aKraw e>g�d Me��I. 150' EASEMENT 1.39 ACRES ax Admand and and Sewer Mere I as nasS me I an mesh. .a.ls,e.«n.d,NNa TEXAS UTIL. ELEC. CO. TEXAS POWER A LIGHT CO. summon ne Mara In mesaa acceptance BAO901a.sobcr VOL. 2194. P.667 - - VOL. 574. P.435 I TOP CHI.LN by Ns name.wrM«nnenreewe vesaleee t 1EJU6 pc... OMF71 l lAR CO. Bt°�N _ - - - . US7 A0E5 BATE. t.oas�se0901mn'pamro"�smamsi ix�w `L STEVE FOSTER -OIH ELEC LNEE I I _ -- _ - _ _ _ I wwnawrom'w'3e.:Ba,mmAd5d w.ds.e.rwrorne v,�exiny hand dee day or 7007 UWER V2 RF IIll' ENSFARCN CEWPANY SNAFU..SO 125�_a 89'37'33"C CAB G anon e alda e day PA 7A5_... zoos 20' EXPLORER PIPELINE CO. ESMT VOL. 767. PG. 649 V2 _ uy sea.ary Oro avP«Texas L 20' AERIE NETWORK SERVICES TELECORRPUN I CAT IONS EASEMENT PER VOL. 4875. PG. 4086. L.R.C.C.T. N STSWOWMM RUST Rotary PUN.in and Tor PH sated Taws Sly Wear. CaannsWear.b 41944152 0.424 ACRES Iv CL S� N, 1 REMAINDER OF 28.31 ACRES LuO PAIGE R.PENNINGTON ..71. 3 TO NEW HEIGHTS BAPTIST CHURCH Co CLERK'S a 2004-01155215 •to N _,' Io lid- FINAL PLAT NEW HEIGHTSBAPTIST - v2MPQ I.H. CHURCH ADDITION S 89'37'33''W 1300.04' I N wILLI PART SAOF el ACRES A•. s And NOTES CITY of WYLIE. COLLIN COUNTY. TExAS 21 BEARING SOURCE.REGORGED PLAT VOL.G.PG 4ta.P R C.C T. .. /, .Mac.RR., .. _ 31ALLLrt'IRS ARE CMWED PATH YELLOW PL00C CAPS'R.S.0 I.RS355034' , • a a= w .I SELLIEGAPCRnON OF TwsAoanaN By_ DBOUILBISAVroLAnON OFan AR i BR TsaW"D16B B oFlNEe NG H aDN D nLlnEe Ow � ,i. LOT N.Lev HEIGHTS BAPTIST CnuRCH ADDITION �r;• sINO LOT TO LOTIwaaNGE IS PERMITTED VICINITY MAP s R.SC.9N.T.S.S. x" TSPL �rHFwEHsCO21.TOoBAir°nINMACo3111EAR mEHLDOsT IceTzr ass 15>> (OFFICE/ '•-'�4 �.n...ara.,w,+Nwa..a,.� LAND $UR VE VING���.��rr•orsJ ` Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2007 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Karla Stovall Account Code: Date Prepared: June 15, 2007 Budgeted Amount: Monthly Revenue and Exhibits: Expenditure Report Subject Consider, and place on file, the Monthly Revenue and Expenditure Reports for the period ending May 31, 2007. Recommendation Consider, and place on file, the Monthly Revenue and Expenditure Reports for the period ending May 31, 2007. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LW 6/15/07 City Manager M 6 LLa /07 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: MAY 31,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2006-2007 2006-2007 2006-2007 YTD ACTUAL GENERAL FUND REVENUE SUMMARY TAXES 12,696,160 11,232,166.09 10,959,674.63 -272,491 a FRANCHISE FEES 1,671,130 688,826.00 689,659.24 833 LICENSES AND PERMITS 1,153,000 626,690.90 634,170.85 7,480 INTERGOVERNMENTAL REV. 345,440 279,436.45 306,140.47 26,704 SERVICE FEES 2,068,400 1,213,400.46 1,181,258.21 -32,142 FINES AND FORFEITURES 541,000 359,927.30 356,941.69 -2,986 INTEREST INCOME 260,000 226,530.00 261,702.16 35,172 MISCELLANEOUS INCOME 79,470 52,871.39 74,512.58 21,641 OTHER FINANCING SOURCES 827,860 827,860.00 827,860.00 0 TOTAL REVENUES 19,642,460 15,507,709 15,291,920 -215,789 GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 129,500 86,333.32 78,974.44 -7,359 CITY MANAGER 438,900 292,599.96 273,453.10 -19,147 CITY SECRETARY 234,220 156,146.68 140,533.41 -15,613 CITY ATTORNEY 133,000 88,666.68 53,011.09 -35,656 FINANCE 653,930 435,953.28 382,396.05 -53,557 FLEET&FACILITIES SVC 186,150 131,433.32 99,739.76 -31,694 MUNICIPAL COURT 272,340 181,453.32 168,128.15 -13,325 HUMAN RESOURCES 191,070 127,380.08 119,264.12 -8,116 PURCHASING 104,140 69,359.88 65,178.87 -4,181 INFORMATION TECHNOLOGY 234,020 156,013.32 139,071.31 -16,942 POLICE 4,489,176 2,993,878.98 2,737,722.22 -256,157 b FIRE 4,347,260 2,954,046.76 2,552,928.78 -401,118 b ANIMAL CONTROL 265,720 176,340.08 186,390.66 10,051 PLANNING 424,610 283,193.36 181,136.70 -102,057 BUILDING INSPECTION 680,970 453,776.76 420,455.13 -33,322 CODE ENFORCEMENT 148,460 98,896.64 83,742.79 -15,154 STREETS 1,952,290 991,776.76 1,020,469.03 28,692 PARKS 1,326,210 884,063.24 799,912.39 -84,151 RECREATION 307,540 215,693.32 175,653.49 -40,040 LIBRARY 669,430 449,273.32 417,617.32 -31,656 COMBINED SERVICES 3,014,990 2,175,736.64 2,145,279.78 -30,457 TOTAL EXPENDITURES 20,203,926 13,402,016 12,241,059 -1,160,957 REVENUES OVER/(UNDER)EXPENDITURES -561,466 2,105,693 3,050,861 945,168 a.Approximately 5.2%short within Property tax revenue in comparison to last year. b.No cost savings. Expenditures will increase during summer service. CITY OF WYLIE MONTHLY FINANCIAL REPORT AS OF: MAY 31,2007 CURRENT YTD EXPECTED BUDGET YTD EXPECTED YTD ACTUAL OVER/(UNDER) ACCOUNT DESCRIPTION 2006-2007 2006-2007 2006-2007 YTD ACTUAL UTILITY FUND REVENUES SUMMARY SERVICE FEES 8,463,000 4,702,000 4,419,836 -282,164 INTEREST INCOME 50,000 33,333 236,150 202,816 MISCELLANEOUS INCOME 136,860 91,240 24,388 -66,852 TOTAL REVENUES 8,649,860 4,826,573 4,680,373 -146,200 UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 364,670 252,119.96 205,217.29 -46,903 UTILITIES-WATER 1,085,390 721,493.40 665,609.20 -55,884 CITY ENGINEER 439,660 292,830.00 248,137.14 -44,693 UTILITIES-SEWER 599,460 299,340.08 266,098.04 -33,242 UTILITY BILLING 919,730 612,620.08 527,674.58 -84,946 COMBINED SERVICES 6,486,590 4,328,093.32 4,348,592.16 20,499 TOTAL EXPENDITURES 9,895,500 6,506,497 6,261,328 -245,168 REVENUES OVER/(UNDER)EXPENDITURES -1,245,640 -1,679,924 -1,580,955 98,968 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2007 Item Number: D Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: N/A Date Prepared: 6/21/07 Budgeted Amount: N/A Exhibits: 2 Subject Consider, and act upon, authorizing the City Manager to execute an amendment to the Extraterritorial Jurisdiction Agreement between the Cities of Wylie and Murphy. Recommendation Motion to approve the City Manager to execute an amendment to Extraterritorial Jurisdiction Agreement Between the Cities of Wylie and Murphy. Discussion The proposed boundary agreement will simplify the process for the extension of McCreary Road south of FM 544 to Maxwell Creek Road by bringing the area needed for the ROW into a single jurisdiction. Preliminary review from the City of Murphy indicated a willingness to support the Agreement. Approved By Initial Date Department Director City Manager MM 6/21/07 Page 1 of 1 After recording return to: City Manager City of Wylie 2000 Highway 78N Wylie, Texas 75098 STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTY OF COLLIN § Amendment to Extraterritorial Jurisdiction Agreement Between the Cities of Wylie and Murphy THIS AMENDMENT (the "Amendment") to the Extra-territorial Jurisdiction Agreement between the Cities of Wylie and Murphy is made and entered into by and between the City of Murphy, Texas, (hereinafter referred to as "Murphy"), and the City of Wylie, Texas, (hereinafter referred to as "Wylie"), acting by and through their respective authorized representatives. WITNESSETH: WHEREAS, Wylie and Murphy previously entered into an Extra-territorial Jurisdiction Agreement on April 22, 1986 which remains in effect (the "Original Agreement"); WHEREAS, Wylie and Murphy are adjacent municipalities and desire to make mutually agreeable changes to their boundaries of areas that are less than one thousand (1,000) feet in width by amending the Original Agreement as set forth herein; and WHEREAS, Murphy's eastern boundary is in part contiguous with the western boundary of Wylie; and WHEREAS, this existing boundary does not presently allow for the efficient development of the area in question; and WHEREAS, the cities desire to adjust their mutual boundary so as to allow more efficient development of the area; and WHEREAS, representatives of Murphy and Wylie have met and agreed on a mutually acceptable boundary; and WHEREAS, the parties find and determine that the adjustment of the mutual boundary is in the best interest of the citizens of each city; NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises expressed herein, and other valuable consideration, the receipt Amendment to Extraterritorial Jurisdiction Agreement Page 1 489424-1 and sufficiency of which are hereby acknowledged, the parties agree as follows: I. Purpose 1.1 It is the intent of Murphy and Wylie to modify their respective boundaries so that the following property shall be removed from the city limits of Murphy and added to the city limits of Wylie: BEING 0.1079 acre tract of land out of the H. Maxwell Survey, Abstract Number 579, in the City of Murphy, Collin County, Texas, and being a part of a called 11.176 acre tract of land described in deed to Hellen Pickard, recorded in the County Clerk's File No. 96-0043722 of the Land Records of Collin County, Texas; and more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter the "Property"). 1.2 The purpose of this Amendment is to express the intent of Wylie and Murphy to make mutually agreeable changes to their boundaries of areas that are less than one thousand (1,000) feet in width. To accomplish this objective, Murphy agrees to release the Property from its city so as to allow Wylie to include the same. II. Term This Amendment shall commence on the last date all parties have executed the Amendment (the "Effective Date") and continue until all actions and proceedings necessary to complete the adjustment of the boundaries contemplated herein are completed. III. Disannexation and Release of Extraterritorial Jurisdiction 3.1 Murphy agrees that it will lawfully disannex the Property and does hereby waive and release its extraterritorial jurisdiction rights existing by reason of the Property for all purposes in favor of Wylie pursuant to § 43.031, TEx. Loc. GOv'T CODE. It is expressly agreed and understood that this waiver and release shall operate only in favor of Wylie, and shall not constitute a waiver of any right or a release of any extraterritorial jurisdiction which Murphy may assert against any other municipality. 3.2 Upon the disannexation and waiver of extraterritorial jurisdiction by Murphy as provided above, the boundaries of Wylie and Murphy shall be adjusted accordingly subject to annexation/disannexation actions by each party as contemplated below. Amendment to Extraterritorial Jurisdiction Agreement Page 2 489424-1 IV. Annexation Wylie agrees that it will proceed in the manner authorized by law to annex the Property. V. Miscellaneous 5.1 Governing Law. The validity of this Amendment and any of its terms and provisions as well as the rights and duties of the parties shall be governed by the laws of the State of Texas; and venue for any action concerning this Amendment shall be in Collin County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 5.2 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when placed in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by hand-delivery or facsimile transmission addressed to the person set out below: If intended for the City of Wylie: Mindy Manson, City Manager City of Wylie 2000 Highway 78N Wylie, Texas 75098 with a copy to: Julie Y. Fort, City Attorney Abernathy, Roeder, Boyd &Joplin, P.C. 1700 Redbud Blvd., Ste. 300 McKinney, Texas 75069 If intended for the City of Murphy: Craig W. Sherwood, City Manager City of Murphy 206 N. Murphy Rd. Murphy, Texas 75094-3512 with a copy to: Robert F. Brown, City Attorney Amendment to Extraterritorial Jurisdiction Agreement Page 3 489424-1 5.3 Severability. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this Amendment, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Amendment,which shall remain in full force and effect. 5.4 Recitals. The recitals to this Amendment are incorporated herein. 5.5 Counterparts. This Amendment may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 5.6 Exhibits. Any exhibits to this Amendment are incorporated herein by reference as if fully set forth herein. EXECUTED this day of , 2007. CITY OF WYLIE, TEXAS By: Mindy Manson, City Manager APPROVED AS TO FORM: By: Abernathy, Roeder, Boyd &Joplin, P.C. Julie Y. Fort City Attorneys EXECUTED this day of , 2007. CITY OF MURPHY, TEXAS By: Craig W. Sherwood, City Manager APPROVED AS TO FORM: By: Robert F. Brown, City Attorney Amendment to Extraterritorial Jurisdiction Agreement Page 4 489424-1 EXHIBIT "A" Legal Description and Map Right-of-Way for Maxwell Creek Road 0.1079 Acres H. Maxwell Survey, Abstract No. 579 City of Murphy, Collin County, Texas Amendment to Extraterritorial Jurisdiction Agreement Page 5 489424-1 17-ELEADDVEN IAONFM- 544 \ CAB. N PG 919 L F.M. HIGHWAY 544 STATE OF TEXAS N 89'59'24" E POINT OF VOLD'4457, PG.G.ES 2146 27.26' BEGINNING _ L.R.C.C.T. ,`„ r 5/1T 1RFC \ N 00 01 07 W--�- ` ZO.OD' ✓OVERHEAD POWER LINE ALONG PROPERTY LINE L=10'21'07" (:-. R=878.00 Q o L=158.64 cc , CB=N05'11'41"W o, c v C=158.42 o) w ,- Oi o ti o N Called 11.176 ACRES o Called 61.746 ACRES n HELLEN PICKARD �- WOODGRIDGE NORTH C.C.C.F. No. 96-0043722 LI DEELOPMENT LLC 7-7 L.R.C.C.T. Li .x ti I st. No. 20060405000442250 A=10'22'15" o.P.R.C.C.T. R=790.00 " o TE L=142.99 ` o 0 CB=N05'11'07"W ' C=142.80 o e. X j K OF V -7_ O % F \ •EGIST .o I[� ,5) Q JOHN VICAIN X W ,0 4097 ,: �. el: � I,� < ' �'o \p�. o IA % % 9N •Essv..-o CA 4 @j 0 SUR E - i EXHIBIT "A" r RIGHT-OF-WAY FOR MAXWELL CREEK ROAD 0.1079 ACRES U H. MAXWELL SURVEY, ABSTRACT NO. 579 l_X CITY OF MURPHY, COLLIN COUNTY, TEXAS Page 2 of 2 • Earl =Nl . EXHIBIT "A" RIGHT-OF-WAY FOR MAXWELL CREEK ROAD 0.1079 ACRES H. MAXWELL SURVEY, ABSTRACT NO. 579 CITY OF MURPHY, COLLIN COUNTY, TEXAS BEING a tract of land out of the H. Maxwell Survey,Abstract Number 579,in the City of Murphy,Collin County, Texas,and being a part of a called 11.176 acre tract of land described in deed to Hellen Pickard, recorded in County Clerk's File No. 96-0043722 of the Land Records of Collin County,Texas, and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod found in the south right-of-way line of F.M. Highway 544 for southwesterly corner of the 0.0572 acre tract of land described in deed to State of Texas for F.M. Highway 544, recorded in Collin County Clerk File's No. 96-0043722 of the Land Records of Collin County,Texas, same being the northerly common corner of the beforemntioned 11.176 acre tract of land and the called 61.746 acre tract of land described in deed to Woodbridge North Development, LLC,recorded under instrument No.2006040500442250 of the Official Public Records of Collin County,Texas. THENCE with the said common line of the 11.176 acre tract and 61.746 acre tract,South 00°00'00"East,a distance of 319.99 feet to a 5/8-inch iron rod set with a plastic cap stamped"KHA"for the beginning of a non-tangent curve to the left; THENCE leaving the said common lines, the following courses and distances to wit: S --Northerly,with the said curve to the left,through a central angle of 10°22'15", having a radius of 790.00 feet and a chord bearing and distance of North 05°11'07"West, 142.80 feet, an arc distance of 142.99 feet to a 5/8-inch iron rod set with a plastic cap stamped"KHA"for the beginning of a non-tangent curve to the right; --Northerly,with the said curve to the left,through a central angle of 10°21'07", having a radius of 878.00 feet and a chord bearing and distance of North 05°11'41"West, 158.42 feet,an arc distance of 158.64 feet to a 5/8-inch iron rod set with a plastic cap stamped"KHA"for the end of said curve; --North 00°01'07"East, a distance of 20.00 feet to a 5/8-inch iron rod set with a plastic cap stamped"KHA" for corner in the south right-of-way line of F.M. Highway 544; o THENCE with the said south right-of-way line, North 89°59'24"East, a distance of 27.26 feet to the POINT OF -0 a, BEGINNING and containing 0.1079 acres(4,701 square feet)of land,more or less. x0 Bearing system based on the monuments found along the common line of the 11.176 acre tract of land described } a in deed to Hellen Pickard,recorded in County Clerk's File No. 96-0043722 of the Land Records of Collin County, Texas and the called 61.746 acre tract of land described in deed to Woodbridge North Development, LLC, _a recorded under instrument No. 2006040500442250 of the Official Public Records of Collin County,Texas using =a South 00°00'00"West. �4 N Q E•R GO ego S % y, JOHN VICAIN m ` 4097 • (9 qFESS ''••O� tip' ..........' lax Page 1 of 2 \\ Ind ,,Mc. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2007 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: 06/15/07 Budgeted Amount: Exhibits: Two Subject Hold a Public Hearing and consider, and act upon, amending the City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 9 (Nonconforming Uses and Structures) setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. Recommendation Motion to amend the City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 9 (Nonconforming Uses and Structures) setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. Discussion PURPOSE The purpose and intent of the proposed amendment is an attempt to bring nonconforming properties into conformance with current regulations. The proposed changes do not prohibit a property from continuing a nonconforming use provided that such use was a conforming use prior to the time of passage of the previous Zoning Ordinance No. 2001-48 as adopted on November 11, 2001. One major change in the previous ordinance and the proposed ordinance is Section 9.5 Expansion of Nonconforming Uses or Structures. The previous ordinance allowed up to a fifty percent(50%)expansion of an existing legally nonconforming structure. What staff is now proposing is to eliminate this 50% regulation. The proposed ordinance would read: No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the nonconforming use at the effective date of adoption or amendment of this ordinance. No additional structures shall be erected in connection with a nonconforming use of property. When a property owner makes application for a building permit, that permit vests the rights based on all current ordinances in place at that time. However, any expansion creates a new project. Project means an endeavor over which the City exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. If the original permit did not include or give the City reasonable notice of an expansion, any newly proposed expansion would generate a new permit. There are provisions in the Ordinance to allow an applicant to request a hearing by the Zoning Board of Adjustment. When the Board grants a variance for a nonconforming structure that structure and each non-complying feature becomes legally conforming. A clause has been added in regards to single-family dwellings. Single-family or two-family dwellings constructed prior to 11/11/2001 which do not provide the off-street parking required by ordinance shall be considered conforming in regards Page 1 of 2 Page 2 of 2 to parking. Furthermore, single-family or two-family dwellings constructed on platted lots which may now be legally nonconforming due to stricter standards contained in this ordinance, shall be deemed in conformance with this ordinance, as long as the use of the lot is allowed in the respective zoning district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met or the lot shall be considered nonconforming. This clause was included as a result of the zoning class changes in 2006. With the citywide zoning change in January 2006 where residential lots went from a minimum SF-8.5/17 to the current classification of SF-10/24 rendered a great number of residential properties nonconforming. By adding this clause, these lots now become legally conforming lots. Included in the packet are copies of Article 9 indicating proposed additions and eliminations (DRAFT W/CHANGES), and a copy as it would be printed in the Zoning Ordinance (PROPOSED) . Some of the changes are merely clarifications to the existing ordinance. The proposed ordinance better defines a nonconforming use versus a nonconforming structure. There are provisions in the ordinance to authorize the Board of Adjustments to grant variances in specific cases. For example, if a property owner operated a business that is housed in a nonconforming metal structure and that property owner wants to expand the building within the regulations of Article 9. It may not be feasible or practical to construct the new portion with masonry. Therefore the variance request would be considered by ZBoA. If the variance is granted, the structure would be deemed a conforming structure. Again the intent is to encourage the lawful use of buildings and structures to conform to current zoning regulations, while allowing legally nonconforming uses to continue operations subject to ordinances regulating the maintenance of the premises and conditions of operations as may in the judgment of the Board be reasonably required for protection of adjacent property and the public health, safety and welfare. Approved By Initial Date Department Director RO 6/15/07 City Manager ft4 IAA 6 111/0 DRAFT w/ CHANGES anti or�t'�iu Zoning Ordinance ARTICLE 9 NONCONFORMING USES AND STRUCTURES SECTION 9.1 INTENT The lawful use of any building, structure or land existing at the time of the enactment of this ordinance or a prior zoning ordinance may be continued although such use does not conform with the provisions of this ordinance, provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to ordinances regulating the maintenance of the premises and conditions of operations as may in the judgment of the Board be reasonably required for protection of adjacent property and the public health, safety and welfare, and further, the right of nonconforming uses to continue or to use nonconforming structures shall be subject to the specific regulations herein contained. , until the uses are removed, but not to encourage their survival as a nonconforming use.as tua 4, 2006 shall nod be required—to leek area-require�-;-ren lot width, both, conform to the regulations of the district in which the lot is located. Variances to this Iry o io:vii .nm hall only be obtained through action ofthe Bard SECTION 9.2 NONCONFORMINGSSTATUS DEFINED A. Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved. B. Except as provided in this Article,no nonconforming use of land or nonconforming buildings shall be enlarged,changed,altered or repaired except in conformity with these regulations. C. Any use or structure whielhthat does not conform with the regulations of the zoning district in which it is located shall be deemed a-nonconforming use when: 1. The use was in existence and lawfully operating prior toat the time of the passage of thisthe previous Zoning Oordinance No. , effective-en-(insert original adoption date of Wylie Ordinance),and has since been in-regu1ar-andoperating without discontinuous-use; or 2. afid-has-sinee--been-in-regli-har-OFeefftilluous-aseef 3. The use or structures was a lawful use or structure at the time of the adoption of any amendment to this ordinance but by such amendment: (i)the use is placed in a district wherein such use is not otherwise permitted; or(ii) the structure is made to be nonconforming; or Page 1 t„, DRAFT irvoFYuE Zoning Ordinance 34. The use or structure, which does not conform to the regulations prescribed in the district in which such use or structure is located, was in existence at the time of annexation to the City and has since been in regular and continuous use; or 4. Uses which, prior to the effective date of this Ordinance did not provide the required number of off-street parking spaces, shall not be considered a nonconforming use in regards to parking, except as provided in paragraph 9.2D.,below. • D. Single-family or two-family dwellings constructed prior to (insert original adoption date of Wylie Ordinance) which do not provide the off-street parking required by ordinance shall be considered conforming in regards to parking. Furthermore, Single-family or two-family dwellings constructed on platted lots which may now be nonconforming due to stricter standards contained in this Ordinance, shall be deemed in conformance with this Ordinance, as long as the use of the lot is allowed in the respective zoning district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this Ordinance shall be met or the lot shall be considered non-conforming. E. Existing residences located in the districts may be improved, maintained, or rebuilt as conforming structures. SECTION 9.3 REGISTRATION OF NONCONFORMING USES The operator, owner or occupant of any nonconforming uses of land or nonconforming structures shall, within eighteen (18)months after the date on which the use or structure became nonconforming, register the nonconforming use or structure by obtaining from the Building Official a Certificate of Occupancy. Such nonconforming certificate of occupancy shall be considered as evidence of the legal existence of a nonconforming use or structure as contrasted to an illegal use or violation of this ordinance. The Building Official shall maintain a register of all certificates of occupancy issued for nonconforming uses or structures and shall,on written request and payment of the required fee,issue a duplicate certificate to anyone having a proprietary interest in the property in question. SECTION 9.4 CONTINUANCE OF NONCONFORMING USES OF AND 0-RAND STRUCTURES 9.4.1. NONCONFORMING USES A. Except as otherwise provided in this ordinance, the nonconforming use of the building, land or structure lawfully existing at the time of the effective date of this ordinance may be continued.The although such do not conform to the provisions hereof, may be continued; but if said non ARTICLE 9: NONCONFORMING USES AND STRUCTURES Page 2 DRAFT w/ CHANGES l� Gn of WI Lil, Zoning Ordinance Discontinuance of a non conforming use shall commence on the actual act or date of abemelenment, ( nco ,]:..continued ..h...,,ione d f r .. od of � x (6) m nthy ch shall not be the p shall ne c sidered to have been abandoned B. No non-conforming use may be increased as of the effective date of this Ordinance, unless specifically authorized in this Ordinance, unless approved by the Board..- Single family or two family dwellings constructed on platted lots which may now be C. Any existing vacant lot platted prior to the adoption of this Ordinance which was legally conforming shall be deemed a conforming lot. 9.4.2. NONCONFORMING STRUCTURES Uses which r t„ the eff ctiye date of this A. A nonconforming structure may be occupied, upon receipt of a certificate of occupancy, except as herein otherwise provided. B. Repairs, renovations and alterations may be made to a nonconforming structure, provided that: (i) no structural alteration shall be made except those required by law or ordinance or those required to preserve the structure, unless the structure is changed to a conforming structure; and(ii) the work does not increase the nonconformity or expand the existing area of the nonconforming structure or any nonconforming use therein. This Ordinance shall never be construed to allow an addition to a nonconforming structure. C. A nonconforming structure shall not be added to or enlarged in any manner unless such addition and enlargements are made to conform to all the requirements of the district in which such structure is located. Page 3 DRAFT . Crrraf 14vut. Zoning Ordinance D. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the zoning district. SECTION 9.5 EXPANSION OF NONCONFORMING USES OR STRUCTURES top a the str cturo nloss the bull.ding i ..1..,nge d to a of r..-ing. O 1 1`—does not incr th dor it y ,d tho t' f the ap�E6va 1 the :`=vr,� ctea�c c„e ioicvicxvc,cc,c�vr cicpuicv cxccZ'ic}acn�rca�r—crxc nenee..f ..t to al str.cted o e IA. -No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the nonconforming use at the effective date of adoption or amendment of this ordinance. B. DNo additional structures shall be erected in connection with a nonconforming use of lai+dproperty. C. The number of dwelling units or rooms in a nonconforming residential structure shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became nonconforming. SECTION 15 NONCONFO MI C USE`S O1; STDUCTUIDES c—rrvr-�T��� 0 Witte d in the.distr ct i .,d ich it ' I t ,d. .ot he tho eafto cha ea pt to al r to t t ,d Page 4 DRAFT w/ CHANGES 1� Cm of MU! Zoning Ordinance q ar ged- esigned for such use at the doption or anti, rent of this ordinanc e use: SECTION 9.6 TERMINATION OF NONCONFORMING USES OR STRUCTURES The right to operate a nonconforming use shall cease and the use shall be terminated under any of the following circumstances: A. When the use is discontinued or abandoned. Discontinuance of a nonconforming use shall consist of the intent of the user or owner to discontinue a nonconforming use and the actual act of discontinuance. A legal nonconforming use,when discontinued or abandoned,shall not be resumed. B. The following shall constitute prima facie evidence of discontinuance or abandonment: 1. When land used for a legal nonconforming use shall cease to be used in such manner for a period of six(6)months.: or 2. When a building or other structure designed or used for a nonconforming use shall cease to be used in such manner for a period of six(6)months. 3. Any nonconforming use which does not involve a permanent structure and which is moved from the premises shall be considered to have been abandoned. C. When any provision of this ordinance or any other ordinance, or Federal or State Statute is violated with respect to a nonconforming use or nonconforming structure. D. When a nonconforming use is changed to a conforming use by rezoning. E. When a nonconforming structure receives a variance from the Board for each non-complying feature. F. When the structure housing the use is destroyed by the intentional act of the owner or the owner's agent. G. When the right to occupy a non-conforming structure or to maintain or operate a nonconforming use has been terminated by the Board. H. A nonconforming structure which is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity or act of God shall not be again restored, rebuilt or used if the expense of such restoration exceeds seventy-five(75)percent of the repair/replacement cost of the structure at the time such damage occurred. Whenever a nonconforming structure is damaged in excess of seventy-five (75) percent of its replacement cost at that time, the repair or reconstruction of such structure shall conform to all the regulations of the district in which it is located, and it shall be treated as a new structure. A restoration or reconstruction in violation of this ordinance immediately terminates the right to operate the nonconforming use or occupy the nonconforming structure. SECTION 9.7 TERMINATION OF NONCONFORMING USES BY THE BOARD The Board may from time to time on its own motion or upon cause presented by interested persons inquire into the existence, continuation or maintenance of any nonconforming use within the City. The Page 5 ARTICLE 9: NONCONFORMING USES AND STRUCTURES DRAFT 1N Zoning Ordinance Board may take specific action to abate,remove, limit or terminate any nonconforming use under a plan where the owner's actual investment in the use prior to the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the board in determining a reasonable amortization period: A. The owner's capital investment in the structures on the property at the time the use became nonconforming. B. The amount of the investment realized to date and the amount remaining, if any, to be recovered during the amortization period. C. The life expectancy of the investment. D. The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases. E. Removal costs that are directly attributable to the establishment of a termination date,and F. Other costs and expenses that are directly attributable to the establishment of a termination date. SECTION 9.8 CHANGING NONCONFORMING USES A. A lawful nonconforming use of a structure or building may be extended throughout such portions of the buildings as are arranged or designed for such use,provided no structural alterations, except those required and allowed by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a structure or building may be changed to another nonconforming use of a more restrictive classification, after approval by the Board, but where the use of a nonconforming structure, land or building is hereafter changed to a more restricted classification, it shall not thereafter be changed to a use of less restricted classification. If a nonconforming use of a structure, land or building is terminated, whether voluntarily or otherwise, the future use of such structure, land or building shall be in conformity with the provisions of this Ordinance. later bo erted to the F r to str ct: cla i ficati B. No nonconforming use shall be changed to another nonconforming use that requires more off-street parking facilities or off-street loading spaces than the original nonconforming use unless additional off- street parking facilities and loading spaces are provided so as to comply with the requirements of this ordinance. C. A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use. ARTICLE 9: NONCONFORMING USES AND STRUCTURES Page 6 DRAFT w/ CHANGES l� can of W.11_,I Zoning Ordinance SECTION 9.9 RESTORATION OF A DAMAGED PROPERTY HOUSING A OWNER- OCCUPIED, NONCONFORMING SINGLE-FAMILY RESIDENTIAL NONCONFORMING USE STRUCTURE A. Owner Occupied Single-Family Residential Property. Nothing in this ordinance shall prevent the restoration of an owner occupied single-family residential structure which has been destroyed to any extent by fire, explosion or other casualty or act of God or a public enemy, nor to prevent the continued occupancy or use of such building or part of the building which existed at the time of partial destruction, provided that the building permit for the reconstruction is applied for within six months of the destruction and the reconstruction is completed within one year of the date of permit issuance. The continued occupancy shall be conditioned upon compliance with and subject to applicable health and safety regulations. B. within: t.. of tl.e date ofdestr ct: Q-The structure can only be restored or reconstructed so as to have the same height and floor area that it had immediately prior to the damage or destruction. CD. The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. SECTION O 1!1 NONCONFORMING STRUCTURE RECUT ATED nenee.,F str et.. ..he ni- date-ef-this-ordinaneeer it Such struet..re. stence a♦the time„f a ation to tl.e City SECTION 9.1410 RECONSTRUCTION, ENLARGEMENT, AND REPAIR OF NONCONFORMING STRUCTURES A. If a nonconforming structure is partially damaged or destroyed, meaning the expense of such restoration does not exceed seventy-five (75)percent of the repair/replacement cost of the structure at the time such damage occurred by less than 75%, of its r asonablc value, other than by the intentional act of the owner or the owner's agent, or is damaged to the extent that it shall be impractical to repair Page 7 ARTICLE 9: NONCONFORMING USES AND STRUCTURES •� DRAFT 1N On Zoning Ordinance the existing structure and demolition is required, the owner or owner's agent may restore or reconstruct the structure on the existing foundation without Board approval,if: 1. The work does not increase the degree of nonconformity existing prior to such damage, destruction or demolition;and 2. Reconstruction is started within one year of the event damaging or destroying the structure. The Board may extend the one-year time period, if the owner shows that he has intended to rebuild the property. B. 1—The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. 0 e*e opt as to c n f rm♦o♦he p of tlx: rdi ARTICLE 9: NONCONFORMING USES AND STRUCTURES Page 8 ARTICLE 9: NONCONFORMING USES AND STRUCTURES PROPOSED Zoning Ordinance ARTICLE 9 NONCONFORMING USES AND STRUCTURES SECTION 9.1 INTENT The lawful use of any building, structure or land existing at the time of the enactment of this ordinance or a prior zoning ordinance may be continued although such use does not conform with the provisions of this ordinance,provided,however,the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to ordinances regulating the maintenance of the premises and conditions of operations as may in the judgment of the Board be reasonably required for protection of adjacent property and the public health, safety and welfare, and further, the right of nonconforming uses to continue or to use nonconforming structures shall be subject to the specific regulations herein contained. SECTION 9.2 NONCONFORMING STATUS DEFINED A. Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved. B. Except as provided in this Article, no nonconforming use of land or nonconforming buildings shall be enlarged,changed,altered or repaired except in conformity with these regulations. C. Any use or structure that does not conform with regulations of the zoning district in which it is located shall be deemed nonconforming when: 1. The use was in existence and lawfully operating prior to the time of the passage of the previous zoning ordinance No. 2001-48, effective 11/11/2001, and has since been operating without discontinuous; or 2. The use or structure was a lawful use or structure at the time of the adoption of any amendment to this ordinance but by such amendment: (i) the use is placed in a district wherein such use is not otherwise permitted;or(ii)the structure is made to be nonconforming; or 3. The use or structure, which does not conform to the regulations prescribed in the district in which such use or structure is located, was in existence at the time of annexation to the City and has since been in regular and continuous use. D. Single-family or two-family dwellings constructed prior to 11/11/2001 which do not provide the off- street parking required by ordinance shall be considered conforming in regards to parking. Furthermore, single-family or two-family dwellings constructed on platted lots which may now be legally nonconforming due to stricter standards contained in this ordinance, shall be deemed in conformance with this ordinance, as long as the use of the lot is allowed in the respective zoning district. Only the lot size, lot depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this ordinance shall be met or the lot shall be considered nonconforming. SECTION 9.3 REGISTRATION OF NONCONFORMING USES AND STRUCTURES The operator, owner or occupant of any nonconforming uses of land or nonconforming structures shall, within eighteen (18) months after the date on which the use or structure became or becomes nonconforming, register the nonconforming use or structure by obtaining from the Building Official a ARTICLE 9: NONCONFORMING USES AND STRUCTURES Page 1 PROPOSED tit c r1 oF%k N Zoning Ordinance Certificate of Occupancy. Such nonconforming certificate of occupancy shall be considered as evidence of the legal existence of a nonconforming use or structure as contrasted to an illegal use, structure or violation of this ordinance. The Building Official shall maintain a register of all certificates of occupancy issued for nonconforming uses or structures and shall, on written request and payment of the required fee, issue a duplicate certificate to anyone having a proprietary interest in the property in question. SECTION 9.4 CONTINUANCE OF NONCONFORMING USES AND STRUCTURES 9.4.1.NONCONFORMING USES A. Except as otherwise provided in this ordinance,the nonconforming use of a building,land or structure lawfully existing at the time of the effective date of this ordinance may be continued. B. No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the nonconforming use at the effective date of adoption or amendment of this ordinance. C. Any existing vacant lot platted prior to the adoption of this ordinance which was legally conforming prior to the adoption of this ordinance shall be deemed a conforming lot. 9.4.2.NONCONFORMING STRUCTURES A. A legal nonconforming structure may continue to be occupied, upon receipt of a certificate of occupancy,except as herein otherwise provided. B. Repairs,renovations and alterations may be made to a nonconforming structure, provided that: (i)no structural alteration shall be made except those required by law or ordinance or those required to preserve the structure, unless the structure is changed to a conforming structure; and (ii) the work does not increase the nonconformity or expand the existing area of the nonconforming structure or any nonconforming use therein. This ordinance shall never be construed to allow an addition to a nonconforming structure. C. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any other lot, unless every portion of such building or structure is made to conform to all the regulations of the zoning district. SECTION 9.5 EXPANSION OF NONCONFORMING USES OR STRUCTURES A. No nonconforming use may be increased as of the effective date of this ordinance, unless specifically authorized in this ordinance,unless approved by the Board. B. No additional structures shall be erected in connection with a nonconforming use of property. C. The number of dwelling units or rooms in a nonconforming residential structure shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became nonconforming. D. A nonconforming structure shall not be added to or enlarged in any manner unless such addition and enlargements are made to conform to all the requirements of the district in which such structure is located,unless approved by the Board. Page 2 PROPOSED c,,,t _„; Zoning Ordinance SECTION 9.6 TERMINATION OF NONCONFORMING USES OR STRUCTURES The right to operate a nonconforming use and/or occupy a nonconforming structure shall cease and the use shall be terminated and/or the Certificate of Occupancy revoked under any of the following circumstances: A. When the use is discontinued or abandoned. Discontinuance of a nonconforming use shall consist of the intent of the user or owner to discontinue a nonconforming use and the actual act of discontinuance.A legal nonconforming use,when discontinued or abandoned, shall not be resumed. B. The following shall constitute prima facie evidence of discontinuance or abandonment of a nonconforming use or nonconforming structure: 1. When land used for a legal nonconforming use shall cease to be used in such manner for a period of six(6)months. 2. When a legal nonconforming structure shall cease to be occupied for a period of six (6) months. 3. Any nonconforming use which does not involve a permanent structure and which is moved from the premises shall be considered to have been immediately abandoned. C. When any provision of this ordinance or any other ordinance, or Federal or State Statute is violated with respect to a nonconforming use or nonconforming structure. D. When a nonconforming use is changed to a conforming use by rezoning. E. When a nonconforming structure receives a variance from the Board for each non-complying feature. F. When the structure housing the use is destroyed by the intentional act of the owner or the owner's agent. G. When the right to occupy a nonconforming structure or to maintain or operate a nonconforming use has been terminated by the Board. H. If a legal nonconforming structure or a structure housing a legal nonconforming use is damaged or partially destroyed by fire, flood, wind, explosion, earthquake, or other calamity or act of God, it shall not be again restored, rebuilt or used if the expense of such restoration exceeds seventy-five (75) percent of the fair market value of the structure at the time such damage occurred unless the subsequent use of such structure and the repair or reconstruction of such structure shall conform to all the regulations of the zoning district in which it is located, and it shall be treated as a new structure. A restoration or reconstruction in violation of this ordinance immediately terminates the right to operate the nonconforming use or occupy the nonconforming structure. SECTION 9.7 TERMINATION OF NONCONFORMING USES BY THE BOARD The Board may from time to time on its own motion or upon cause presented by interested persons inquire into the existence,continuation or maintenance of any nonconforming use within the City. The Board may take specific action to abate, remove, limit or terminate any nonconforming use under a plan where the owner's actual investment in the use prior to the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the Board in determining a reasonable amortization period: ARTICLE 9: NONCONFORMING USES AND STRUCTURES Pace 3 PROPOSED IA/ ( T 04\ )L11 Zoning Ordinance A. The owner's capital investment in the structures on the property at the time the use became nonconforming. B. The amount of the investment realized to date and the amount remaining, if any,to be recovered during the amortization period. C. The life expectancy of the investment. D. The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of such leases. E. Removal costs that are directly attributable to the establishment of a termination date,and F. Other costs and expenses that are directly attributable to the establishment of a termination date. SECTION 9.8 CHANGING NONCONFORMING USES • A. A lawful nonconforming use of a structure or building may be extended throughout such portions of the buildings as are arranged or designed for such use,provided no structural alterations, except those required and allowed by law or ordinance, are made therein. If no structural alterations are made, a lawful nonconforming use of a structure or building may be changed to another nonconforming use of a more restrictive classification, after approval by the Board, but where the use of a nonconforming structure, land or building is hereafter changed to a more restricted classification, it shall not thereafter be changed to a use of less restricted classification. If a nonconforming use of a structure, land or building is terminated, whether voluntarily or otherwise, the future use of such structure, land or building shall be in conformity with the provisions of this ordinance. B. No nonconforming use shall be changed to another nonconforming use that requires more off-street parking facilities or off-street loading spaces than the original nonconforming use unless additional off- street parking facilities and loading spaces are provided so as to comply with the requirements of this ordinance. C. A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use. SECTION 9.9 RESTORATION OF A DAMAGED PROPERTY HOUSING A OWNER- OCCUPIED,NONCONFORMING SINGLE-FAMILY RESIDENTIAL STRUCTURE A. Nothing in this ordinance shall prevent the restoration of an owner-occupied single-family residential structure which has been destroyed to any extent by fire, explosion, storm or other casualty or act of God or a public enemy, nor to prevent the continued occupancy or use of such building or part of the building which existed at the time of partial destruction, provided that the building permit for the reconstruction is applied for within six (6) months of the destruction and the reconstruction is completed within one (1) year of the date of permit issuance. The continued occupancy shall be conditioned upon compliance with and subject to applicable health, safety and building code regulations. B. The structure can only be restored or reconstructed so as to have the same height and floor area that it had immediately prior to the damage or destruction. C. The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. ARTICLE 9: NONCONFORMING USES AND STRUCTURES Pace 4 PROPOSED Crrti c,F W ui Zoning Ordinance SECTION 9.10 RECONSTRUCTION, ENLARGEMENT, AND REPAIR OF NONCONFORMING STRUCTURES AND RESUMPTION OF NONCONFORMING USE A. If a legal nonconforming structure or a structure housing a legal nonconforming use is partially damaged or destroyed, meaning the expense of such restoration does not exceed seventy-five (75) percent of the fair market value of the structure at the time such damage occurred, other than by the intentional act of the owner or the owner's agent, or is damaged to the extent that it shall be impractical to repair the existing structure and demolition is required, the owner or owner's agent may restore or reconstruct the structure on the existing foundation without Board approval,if: 1. The work does not increase the degree of nonconformity existing prior to such damage, destruction or demolition; and 2. Reconstruction is started within one(1)year of the event damaging or destroying the structure. The Board may extend the one (1) year time period, if the owner shows that he has intended to rebuild the property. B. The property owner has the burden of proof to establish the height and floor area of the structure immediately prior to the damage or destruction. ARTICLE 9: NONCONFORMING USES AND STRUCTURES Pace 5 ite Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2007 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 06/20/07 Budgeted Amount: Exhibits: Subject Hold a Public Hearing and consider, and act upon, amending City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 2, Section 2.5.4 (Accessory Buildings). Recommendation Motion to continue the Public Hearing until the July 10, 2007 meeting and thereafter to consider amending City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 2, Section 2.5.4 (Accessory Buildings). Discussion At its June 19th meeting, Planning and Zoning Commission voted 4-0 to table a recommendation to consider amending Article 2, Section 2.5.4 of the Comprehensive Zoning Ordinance. The Commission requested additional time to research and consider types of exterior materials allowed for accessory buildings, namely composite masonry vs. wood. The Council should convene the hearing and allow any citizen comment, and then continue the Public Hearing until July 10,2007. Approved By Initial Date Department Director RO 6/20/07 City Manager ► I -6/02D/p) Page 1 of 2 Current Accessory Building Ordinance 4. Accessory Buildings a. Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. Attached buildings are defined as any building sharing a common roof with the primary structure. b. Detached accessory buildings shall be subject to all of the following regulations, in addition to any other applicable regulations of this chapter. NOTE: Accessory buildings in AG/30 zoning districts directly associated with the support of a bona fide private agricultural use of the property have some differentiating requirements noted separately under the various headings below. structure, whichever is less. In no case shall the combined ar a of the primary structure Exception 1: Accessory buildings located on lots that are between one (1) and two (2) e feet. E c ption 2: Accessory buildings located on lots that arc two(2) acres or more in size 5.4 "Special Use Permits" of this ordinance. 1. Number of Buildings: a. No more than two (2) accessory buildings may be placed on any residential or commercial lot. b. AG/30: The number of accessory buildings that may be placed on an AG/30 lot is limited by lot coverage (see 4.b.2.b). 2. Size Limitations: a. The combined floor area of all accessory buildings shall not exceed five (5) percent of lot coverage or sixty (60) percent of the primary structure, whichever is less. In no case shall the combined area of the primary structure and accessory building(s) exceed the maximum percentage of lot coverage allowed for the zoning district on which the structures are placed. b. AG/30: Barns and/or stables shall be limited in area to ten (10) percent of lot coverage. 3. Setback Requirements: a. Street: Accessory buildings shall not extend beyond a pl atted front, side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the building shall not be located closer than ten (10) feet from the property line. b. Easement: No accessory building shall be located within any easement. c. Front: Accessory buildings shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district, whichever is greater. d. Side: closer than ten (10) feet from the side property line.Accessory buildings shall not be located closer then five (5) feet to the side property line when the accessory building is located behind the main building. When the accessory building is located in the side yard, the setback for the accessory building will be the same as the setback requirement for the main building. e. Rear: (a) Ten (10) feet if the rear property lino is adjacent to a treet right--ef way. is five(5) feet. E c ption: When the accessory building is a garage with rear access, the r ar setback shall be the property line. When the accessory building is a garage or carport with rear access, the rear setback shall be a minimum of twenty (20) feet from the property line. All other accessory buildings shall not be located closer than five (5) feet to the rear property line. (5)feet of any other structure. f. Other Structures - Accessory buildings, other than carports, shall not be located within five (5) feet of any other structure. g. AG/30: Barns and/or stables shall not be located withi n fifty (50) feet of any property line or dwelling. 4. Roof: a. €xception• �A/hen fh cessory hu ilding is tal building o ^rt. The iv trrci rrrc�caovr7--vmrvmgTo-ia--rrr�c-c minimum roof slope for all accessory buildings shall be 3:12, unless the accessory building is prefabricated, pre-finished, and covers less then three (3) percent of the lot or is a carport. b. building reption• When the accessory building is metal buildinn the roof ro a.�vey--vviivrr-rq--r.Tc' material is not required to closely resemble the roof material of the main buildicig- The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building, unless the accessory building is prefabricated, pre-finished, and covers less then three (3) percent of the lot 5. Exterior Walls: (1) Accessory buildings one hundred twenty (120) square feet and less in (3) Accessory buildings over three hundred (300) square feet in ar a are building: €xception• Ro nc rt tahles located a ery ed Ag iltu Iy 'vnTT'l�l'Tv JacrvrcuTwRtca vi a. Accessory buildings covering less the three (3) percent of the lot are required to be constructed with exterior walls composed of metal with a baked-on enamel or vinyl finish, vinyl, composite masonry facade, or the same masonry content required of the main structure. b. Accessory buildings covering more then three (3) percent of the lot are required to be constructed with exterior walls composed of composite masonry facade material or the same masonry content required of the main structure. c. AG/30: Barns and stables located on property zoned Agricultural (AG/30) are exempt from the masonry requirement for exterior walls. 6. Height: a. Accessory buildings shall be limited to a height of not more than fourteen (14) feet to the top of the roof. E-xeeptier In--the ttt+ral the roof. b. AG/30: Accessory buildings shall be limited to a height of not more than twenty (20) feet to the top of the roof. 7. NOTES: a. AG/30: Commercial equestrian or rodeo arenas whether enclosed, partially enclosed, or open air shall require a Specific Use Permit as provided in section 5.4 "Special Use Permits" of this ordinance. Proposed Accessory Building Ordinance 4. Accessory Buildings a. Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. Attached buildings are defined as any building sharing a common roof with the primary structure. b. Detached accessory buildings shall be subject to all of the following regulations, in addition to any other applicable regulations of this chapter. NOTE: Accessory buildings in AG/30 zoning districts directly associated with the support of a bona fide private agricultural use of the property have some differentiating requirements noted separately under the various headings below. 1. Number of Buildings: a. No more than two (2) accessory buildings may be placed on any residential or commercial lot. b. AG/30: The number of accessory buildings that may be placed on an AG/30 lot is limited by lot coverage (see 4.b.2.b). 2. Size Limitations: a. The combined floor area of all accessory buildings shall not exceed five (5) percent of lot coverage or sixty (60) percent of the primary structure, whichever is less. In no case shall the combined area of the primary structure and accessory building(s)exceed the maximum percentage of lot coverage allowed for the zoning district on which the structures are placed. b. AG/30: Barns and/or stables shall be limited in area to ten (10) percent of lot coverage. 3. Setback Requirements: a. Street: Accessory buildings shall not extend beyond a pl atted front, side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the building shall not be located closer than ten (10)feet from the property line. b. Easement: No accessory building shall be located within any easement. c. Front: Accessory buildings shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district, whichever is greater. d. Side: Accessory buildings shall not be located closer then five (5)feet to the side property line when the accessory building is located behind the main building. When the accessory building is located in the side yard, the setback for the accessory building will be the same as the setback requirement for the main building. e. Rear: When the accessory building is a garage or carport with rear access, the rear setback shall be a minimum of twenty (20)feet from the property line. All other accessory buildings shall not be located closer than five (5)feet to the rear property line. f. Other Structures -Accessory buildings, other than carports, shall not be located within five (5)feet of any other structure. g. AG/30: Barns and/or stables shall not be located withi n fifty (50) feet of any property line or dwelling. 4. Roof: a. The minimum roof slope for all accessory buildings shall be 3:12, unless the accessory building is prefabricated, pre-finished, and covers less then three (3) percent of the lot or is a carport. b. The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building, unless the accessory building is prefabricated, pre-finished, and covers less then three (3) percent of the lot 5. Exterior Walls: a. Accessory buildings covering less the three (3) percent of the lot are required to be constructed with exterior walls composed of metal with a baked-on enamel or vinyl finish, vinyl, composite masonry façade, or the same masonry content required of the main structure. b. Accessory buildings covering more then three (3) percent of the lot are required to be constructed with exterior walls composed of composite masonry façade material or the same masonry content required of the main structure. c. AG/30: Barns and stables located on property zoned Agricultural (AG/30) are exempt from the masonry requirement for exterior walls. 6. Height: a. Accessory buildings shall be I imited to a height of not more than fourteen (14)feet to the top of the roof. b. AG/30: Accessory buildings shall be limited to a height of not more than twenty (20) feet to the top of the roof. 7. NOTES: a. AG/30: Commercial equestrian or rodeo arenas whether enclosed, partially enclosed, or open air shall require a Specific Use Permit as provided in section 5.4 "Special Use Permits"of this ordinance. Accessory Building Comparison List Under the current ordinance there have been six residential variances granted for accessory buildings since July 2004. ZBA 2005-12-304 Harvest Bend • Exterior walls constructed of pre-primed engineered wood. • Current Ordinance-Needed variance for exterior materials(wood). • Proposed Ordinance-Need variance for exterior materials(wood). ZBA 2005-19—513 Valentine • Exterior walls constructed of OSB. • Current Ordinance-Needed variance for exterior materials(wood). • Proposed Ordinance—Need variance for exterior materials(wood). ZBA 2004-09—1740 McMillen • 2000 square foot building with exterior walls constructed of composite masonry, defined as 3rd accessory building. • Current Ordinance-Needed variance for exterior materials(CM), 3rd accessory building on lot,and size(2000 sq ft.). • Proposed Ordinance—No variance needed. Composite masonry exterior walls allowed. Second garage redefined as an attached building. Maximum size allowed is 2850 sq ft. ZBA 2005-07—1750 McMillen • 500 square foot building with exterior walls constructed of composite masonry, defined as 3rd accessory building. • Current Ordinance-Needed variance for exterior materials(CM). • Proposed Ordinance—No variance needed. Composite masonry exterior walls allowed. ZBA 2004-14—811 Crestview • 1300 square foot combined shop/carport with metal exterior walls • Current Ordinance—Needed variance for exterior materials and size. • Proposed Ordinance—No variance needed. ZBA 2006-03—931 Oakbrook • 1000 square foot building with exterior walls constructed of composite masonry. • Current Ordinance—needed variance for exterior materials and size. • Proposed Ordinance—No variance needed. Composite masonry allowed. Maximum size is 1301 sq ft. Under the proposed ordinance,four of the six ZBA cases would not have been required. The proposed ordinance eliminates confusion on definitions regarding accessory buildings, allows for accessory buildings that are within the intent of current ordinance, and updates the ordinance to include technological advances in building materials.Additionally, the proposed ordinance would still require a variance for accessory buildings that are proposed under unusual or exceptional circumstances. Accessory Building Examples Using typical lot and house sizes Current Ordinance New Ordinance Very Small Lot— 1,700 s.f. house on 5,500 s.f. lot 425 s.f. (1700 x 25%) 275 s.f. (5500 x 5%) Materials-3 possibilities Materials—2 possibilities Small Lot—2,400 s.f. house on 8,500 s.f. lot 600 s.f. 425 s.f. (8500 x 5%) Materials- 3 possibilities Materials—2 possibilities Medium Lot(2)—2,600 s.f. house on 10,000 s.f. lot 600 s.f. 500 s.f. (10000 x 5%) Materials- 3 possibilities Materials—2 possibilities Large Lot—3,000 s.f. house on 1 acre lot 1,000 s.f. 1,800 s.f. (3000 x 60%) Materials- 3 possibilities Materials—2 possibilities Very Large Lot—4,000 s.f. house on 2.5 acre lot 3,000 s.f. 2,400 s.f. (4000 x 60%) Materials- 3 possibilities Materials—2 possibilities 7F ttri.lr*--'" r'p III , Y7 . 931 Oakbrook Drive r .�.w '. ! . :4 _ ..1111.1g1r a;_ 811 Crestview Lane 1750 McMillan Road 1740 McMillan Road 304 Harvest Bend Drive r Ameic 1. Example Prefabricated Accessory Buildings Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2007 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 06/15/07 Budgeted Amount: Exhibits: Six Subject Hold a Public Hearing and consider, and act upon, amending Article II of Subdivision Regulation Ordinance No. 2003-03,by adding Section 2.12 establishing regulations regarding the abandonment of Right-Of-Way. Recommendation Motion to amend Article II of Subdivision Regulation Ordinance No. 2003-03, by adding Section 2.12 establishing regulations regarding the abandonment of Right-Of-Way Discussion The proposed amendment will provide principles and procedures for the abandonment of Right-Of-Way. BACKGROUND: City Code Ordinance No. 96-25 (attached) required that the City convey, sell or exchange abandoned street or alley property for the fair market value, and is precluded from giving the property away or selling it for less than fair market value. City Code Ordinance No. 98-16 (attached) established a consolidated Fees and Charges ordinance including right-of-way abandonment fees. City Code Ordinance No. 2006-05 (attached) repealed in its entirety Ordinance No. 96-25 and repealed Ordinance No. 98-16 Section 42.00 (Right-of-way Abandonment Fee). Land and those interests as outlined in Local Government Code § 272.001 (b) may not be conveyed, sold, or exchanged for less than the fair market value of the land or interest unless the conveyance, sale, or exchange is with one or more abutting property owners who own the underlying fee simple. The fair market value is determined by an appraisal obtained by the political subdivision that owns the land or interest or, in the case of land or an interest owned by a home-rule municipality, the fair market value may be determined by the price obtained by the municipality at a public auction. CONSIDERATION: The City receives no tax revenue from right-of-way property. If and when the right-of—way is converted to private ownership, the land and any improvements placed thereon will be subject to all taxes of the City of Wylie. Page 1 of 1 Page 2 of 2 Right-of-way abandonment requires only Council action and no review by any Board or Commission. However, before the right-of-way may be used for private purposes it must be incorporated into a plat or a replat approved by the Planning and Zoning Commission and City Council. Approved By Initial Date Department Director RO 06/15/07 City Manager 4414f, 6 410/0-) Section 2.12: Abandonment of Right-of-Way 1. Abandonment of right-of-way may be applied for under the following conditions: a. The request shall be initiated by an abutting property owner of the right-of-way to be abandoned. b. All property owners abutting such right-of-way shall be notified by the applicant of such request by certified letter. A written response from each abutting property owner must be received by the City prior to staff review. c. All public utilities that have an easement or facilities in the right- of-way that is the subject of the request must consent in writing to the abandonment. If it is determined following review of the application by city staff that ongoing utility interests be protected through easement dedications, the applicant or his authorized agent shall be required to develop and submit a plat dedicating such easements. d. A summary of how the city acquired the right-of-way to be abandoned shall be included with the documentation provided by the applicant. e. A certified appraisal of the value of the land to be abandoned shall be submitted to the city by the applicant. The City Council may waive the requirement for an appraisal if Council deems that it is in the best interest of the City and if allowed by law. f. An explanation which identifies why the proposed use of the land to be abandoned is of more benefit to the community under private ownership than retention of the land as public right-of-way shall be provided by the applicant. g. All property owners abutting such right-of-way must execute a release of claims agreement, and indemnify the City of Wylie against all suits, costs, expenses, and damages that may arise or grow out of such abandonment, which agreement shall be provided by the City of Wylie. h. When the required documents, including those sent to public agencies and abutting property owners, along with a cashier's check in the amount of the fair market value has been presented to the Planning Department, a Staff Report will be prepared and then attached to the ordinance for placement on an upcoming Council agenda. The party requesting the abandonment shall be sent advance written notice of the date, time and place that said request will be heard by the City Council. i. A plat or replat shall be submitted to the City combining the abandoned right-of-way into the adjacent platted lots. Such plat or replat shall be submitted to the city within six (6) months of City Council approval or the approval of the abandonment shall expire and be automatically revoked. Abandonment of right-of-way shall not be considered complete until such plat or replat has been prepared in accordance with this ordinance, and approved by the Planning and Zoning Commission, and filed with the appropriate county. 2. Procedure: Formal application for right-of-way abandonment shall be made by the applicant submitting to the Planning Department an application and all required documentation stating reason for abandonment and a description of the land. The City Council shall have the final authority to approve or deny an abandonment request. Applications shall be obtained from the Planning Department. A cashier's check for the fair market value of the right-of-way shall be submitted along with the completed application for abandonment. In the event abandonment is not granted by City Council, the funds provided will be fully refunded to the purchaser(s). The applicant shall have six (6) months from the date of City Council approval of the abandonment to submit and file a plat or replat with the county to incorporate the abandoned right-of-way into the adjacent platted lot(s). No permits shall be issued without a filed plat. The approval shall expire on the last day of the six-month period if all steps are not completed. Reapproval of an abandonment by the City Council may be applied for at any time subsequent to the date such abandonment becomes invalid by following the procedures set forth herein. If the Director of Planning or City Council should deem changes necessary in the reapproval of an abandonment in light of new or significant information or requirements, it shall so inform the applicant. 3. Content: The plat or replat shall be in accordance with the requirements of this Subdivision Ordinance and a note identifying what is being abandoned shall be shown on the plat or replat. 4. Abandonment of Fire Lanes: a. In instances where fire lanes are depicted on a plat of record, the owner of the property may submit request for a certificate of abandonment to remove the fire lane from the plat. The request shall be submitted to the Director of Planning in the manner prescribed by the Director. b. The request shall include an accurate diagram of the proposed abandonment and reference the exact name of the plat, including volume and page number where the plat was recorded. The request shall be forwarded to the City Council for consideration. c. Notwithstanding any action regarding the certificate of abandonment of a platted fire lane, fire lanes shall be provided in accordance with the City of Wylie Fire Code. d. The certificate of abandonment for a fire lane shall expire if it is not filed with the appropriate county clerk within six (6) months from the date of approval. PROCEDURE FOR ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT A. Formal application for right-of-way abandonment shall be made by the applicant submitting to the Planning Department an application and all required documentation stating reason for abandonment and a description of the land. The City Council shall have the final authority to approve or deny an abandonment request. 1. Application required: Attached to this information sheet is an application form for the abandonment of public right-of-way/easement. 2. Submission deadline: The application must be completed and returned to the Planning Department. The Planning Department will circulate the application among the various City departments for review and approval. After all City departments have executed the application, it will be placed on the next available Council agenda. The City Council holds regular meetings on the second and fourth Tuesdays of the month at 6:00 p.m. at the Wylie Municipal Complex-Council Chambers, 2000 Hwy 78N, Wylie, Texas 75098 3. First page of application: On the first page of the application, the heading information to be filled in includes the name of the addition or subdivision in which the public right-of-way/easement is located. The exception to this case would be the abandonment of a street, in which case the street name would appear in the heading. The date the application is prepared should be entered in the appropriate space. Item No. 6 on the first page should set out the names and addresses of the abutting property owners who have not consented to the vacation and abandonment which you seek. Abutting property owners are owners of land that abut any portion of the land immediately next to the public right-of-way/easement proposed to be abandoned. You should also state why their consent was not obtained; that is, if you were unable to locate the abutting property owners or if the abutting property owner refused to give his or her consent, you should so state briefly setting out the points of objection that such owner might have to this abandonment. Additional sheets may be used if necessary to fully explain. 4. Item No. 7 provides space for a brief statement of the reason such right-of- way/easement should be abandoned. Item No. 8 should relate briefly the history of the use of the right-of-way/easement sought to be abandoned. 5. It is very important that the full name and address of the applicant be shown in the space provided. This will insure proper notifications to the applicant. The applicant's signature must appear immediately above the typed name and the notary certification must be completed. Procedure for Abandonment of a Public ROW Page 1 488299.v1 6. Exhibit No. l: Please note that the abandonment of right-of-way/easement may convey, by law, part of the property to the abutting property owner on the other side. You must provide, attached to the application, a metes and bounds description (dividing the area in half) of the area sought to be abandoned. This item is most easily furnished by a licensed land surveyor. 7. Exhibit No. 2: You must provide, attached to the application, a copy of a plat or detailed sketch of the right-of-way/easement sought to be abandoned. Again, this item is most easily furnished by a licensed land surveyor. It must clearly show the surrounding areas to the nearest streets in all directions, abutting lots, and the block or blocks in which the area sought to be abandoned is located. It shall also show the names of the record owners of the lots abutting the area sought to be abandoned. 8. Exhibit No. 3: As applicant you are responsible for circulating the application and securing the signatures of the authorized representatives or requesting a letter from the authorized representatives. Upon receiving the required signatures/letters, these documents must be made part of this application. 9. Exhibit No. 4: The Planning Department will be responsible for circulating the application amongst the City departments. 10.Exhibit No. 5: All property owners abutting such right-of-way shall be notified by the applicant of such request by certified letter. A written response from each abutting property owner must be received by the City or attached to this application prior to staff review. Sample letter included for your use. 11.Exhibit No. 6: All applicants shall obtain a certified appraisal of the land to be abandoned, unless a waiver to this requirement has been obtained. 12.Exhibit No. 7: All property owners abutting the right-of-way to be abandoned must execute the Release of Claims in favor of the City. 13.An applicant shall have six (6) months from the date of City Council approval of the abandonment to complete all steps required for purchase of the abandoned right-of-way, obtaining City approval of the plat or replat and filing the plat or replat with the county. The approval shall expire on the last day of the six-month period if all steps are not complete. Reapproval of an abandonment by the City Council may be applied for at any time subsequent to the date such abandonment becomes invalid by following the procedures set forth herein. If the Director of Planning or City Council should deem changes necessary in the reapproval of an abandonment in light of new or significant information or requirements, it shall so inform the applicant. Procedure for Abandonment of a Public ROW Page 2 488299.v1 B. Content: 1. The abandonment document shall be in accordance with the final plat requirements of the Subdivision Ordinance, including but not limited to Article II, Section 2.12. C. Abandonment of Fire Lanes: 1. In instances where fire lanes are depicted on a plat of record,the owner of the property may submit request for a certificate of abandonment to remove the fire lane from the plat. The request shall be submitted to the Director of Planning in the manner prescribed by the Director. 2. The request shall include an accurate diagram of the proposed abandonment and reference the exact name of the plat, including volume and page number where the plat was recorded. The request shall be forwarded to the City Council for consideration. 3. Not withstanding any action regarding the certificate of abandonment of a platted fire lane, fire lanes shall be provided in accordance with the City of Wylie Fire Code. 4. The certificate of abandonment for a fire lane shall expire if it is not filed with the appropriate county clerk within six (6) months from the date of approval. CITY OF WYLIE CC Case No.For Office Use Only Date Submitted: Procedure for Abandonment of a Public ROW Page 3 488299.vl ABANDONMENT OF PUBLIC ROW-OF-WAY/EASEMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS ❑ A completed copy of the attached Abandonment of Public ROW/Easement application. ❑ All exhibits processed (except for Exhibit No. 4,which will be processed by staff). o A completed copy of the Easement Dedication Sheet application with all requirements. ❑ Attach responses from all abutting property owners. (sample letter enclosed). ❑ A certified appraisal of the value of the land to be abandoned. O A certified check to the City for the amount of the Appraisal. ❑ An executed Release of Claims from each abutting property owner. ADDRESS/NAME OF ADDITION/SUBDIVISION LEGAL DESCRIPTION APPLICANT(Primary Contact for the Project): Name E-Mail Street Address City State Zip Code Phone Number Fax Number PROPERTY OWNER'S INFORMATION(if different from above): Name E-Mail Street Address City State Zip Code Phone Number Fax Number The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true and correct. Signature of Owner, Agent or Applicant Date Procedure for Abandonment of a Public ROW Page 4 488299.v1 APPLICATION FOR THE ABANDONMENT OF A PUBLIC RIGHT-OF-WAY/EASEMENT TO THE MAYOR AND CITY COUNCIL OF THE CITY OF WYLIE: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. Attached, marked Exhibit No. 1, is a metes and bounds description (dividing the area in half) of the area sought to be abandoned. 2. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/easement sought to be abandoned, and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of-way/easement is situated, together with the record owners of such lots. 3. Attached, marked Exhibit No. 3, is the written consent of all public utilities to the abandonment. 4. Attached, marked Exhibit No. 4, is the consent of the City of Wylie staff to the abandonment. 5. Attached, marked Exhibit No. 5, is the written consent of all the abutting property owners, except the following: (if none, so state) 6. Such public right-of-way/easement should be abandoned because: 7. Such public right-of-way/easement has been and is being used as follows: Procedure for Abandonment of a Public ROW Page 5 488299.vl 8. Attached, marked Exhibit No. 6, is the certified appraisal of the value of the land to be abandoned. 9. Attached, marked Exhibit No. 7, is a Release of Claims executed by each abutting property owner. I swear that all of the information contained in this application is true and correct to the best of my knowledge and belief. Applicant's Signature: Applicant's Name: Applicant's Address: Applicant's Phone Number: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § Subscribed and sworn to before me, a Notary Public, this day of , 200 , by Notary Public in and for the State of Texas Procedure for Abandonment of a Public ROW Page 6 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: EXHIBIT NO. 1 Attached is a copy of the metes and bounds description (dividing the area in half) of the public right-of-way/easement situated in Addition/Subdivision to the City of Wylie, County, Texas, sought to be abandoned. Procedure for Abandonment of a Public ROW Page 7 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: EXHIBIT NO. 2 Attached is a copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above-mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are shown. (If the property has not been platted, applicant has six months from date of City Council approval to complete all steps required for purchase of the abandonment and filing a plat or replat with County in accordance with the final plat requirements of the Subdivision Ordinance.) Procedure for Abandonment of a Public ROW Page 8 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Wylie, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. GAS COMPANY BY: Title TELEPHONE COMPANY BY: Title ELECTRIC COMPANY BY: Title Procedure for Abandonment of a Public ROW Page 9 488299.v1 Application for Abandonment of a Public Right-of-Way/Easement Located: EXHIBIT NO. 4 The undersigned, City staff of the City of Wylie, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above pursuant to City ordinances and with respect to present and future needs of the City of Wylie and see no objection to the requested abandonment from the City's standpoint. City Engineer Building Official Planning Director Fire Marshal Director of Public Services Procedure for Abandonment of a Public ROW Page 10 488299.v1 Application for Abandonment of a Public Right-of- Way/Easement Located: EXHIBIT NO. 5 The attached letters represents, owners of property abutting upon that portion of the public right-of-way/easement named and described in the Application for Abandonment of a Public Right-of-Way/Easement referred to above, do hereby consent to such abandonment. Procedure for Abandonment of a Public ROW Page 11 488299.v1 EXHIBIT NO. 5 w CITY OF WYLIE [DATE] [Name& Address] RE: Abandonment of Right-of-Way Located at: To Whom It May Concern: An abutting property owner of the above referenced public right-of-way has requested that the City abandon said right-of-way/easement. The City Council will consider this request in the near future. If abandoned, the half of the width of the right-of-way/easement will be offered for sale to the owners of abutting properties at the appraised fair market value, in accordance with Ordinance No. 2007-XX, Section 2.12 of the Subdivision Regulations of the City of Wylie. County records indicate that you are an owner of property abutting the subject portion of right- of-way/easement. Please complete the questions below, and return this letter to the City of Wylie Planning Department, 2000 Hwy 78N, Wylie, Texas 75098 at your earliest convenience. I do( ),I do not( ), agree to the abandonment of the subject right-of-way/easement. If abandoned by the City, I am( ), I am not( ), interested in purchase of, at fair market value, that portion of the right-of-way/easement abutting my property. If you do not wish to purchase the offered land, it will be offered to the other abutting property owners. All of the abandoned right-of-way must be purchased by the abutting property owners) within six (6) months of City Council approval. Unless the entire area is sold, the right-of- way/easement will not be abandoned. Signature of property owner or authorized agent Procedure for Abandonment of a Public ROW Page 12 488299.v1 EXHIBIT 6 CERTIFIED APPRAISAL OF THE VALUE OF THE LAND Procedure for Abandonment of a Public ROW Page 13 488299.v1 RELEASE OF CLAIMS In consideration of the abandonment of the northern fifteen feet (15') of right-of-way which is a part of and adjacent to Lots of Block of the Original Town of , according to the Plat thereof recorded in Volume Page , of the Deed Records of County, Texas, as more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes(the"Right-of- Way"), the receipt and sufficiency of which is hereby acknowledged, we, release any and all claims against the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives,which we may possess at the time of the execution of this document, or which come to exist as a result of conduct occurring prior to our execution of this document, relating in any way to the Right-of-Way. We are fully authorized and empowered to execute and enter into this Release upon the terms stated herein, and fully authorized and legally competent to execute this Release as the legal, valid and binding act and deed of the releasing party(ies). We represent and warrant that the claims released above are currently owned solely by us, , free and clear of all liens, encumbrances, pledges, assignments, claims and security interests of any kind or nature. We further represent and warrant that we have the right to compromise and settle the claims and any other claims that could have been asserted by us which relate in any way to the Right-of-Way. We agree to indemnify and hold harmless the City of Wylie, Texas, and its Council Members, officers, agents, employees and representatives from any and all costs and damages arising from claims or encumbrances contrary to the representations and warranties contained in the preceding paragraph of this Release. This Release shall be binding upon and inure to the benefit of the parties'respective legal heirs, successors and assigns. Should any portion(word, clause, phrase, sentence, paragraph or section) of this Release be declared void or unenforceable, such portion shall be considered independent and severable from the remainder,the validity of which shall remain unaffected. In witness whereof, we have executed this Release on the day of , 200_ Procedure for Abandonment of a Public ROW Page 15 488299.vl ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF § Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of , 200 Notary Public, State of Texas My Commission Expires: STATE OF TEXAS § § COUNTY OF § Before me, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of , 200 Notary Public, State of Texas My Commission Expires: Procedure for Abandonment of a Public ROW Page 16 488299.v1 ORDINANCE NO. 16 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING APPENDIX"A"OF THE WYLIE CITY CODE (WYLIE FEE SCHEDULE) BY ADDING SECTION 43.00 RIGHT-OF-WAY ABANDONMENT FEE; PROVIDING FOR A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Staff has undertaken a review of its existing fee schedule and structure and determined that certain new fees be added; and, ' WHEREAS, The City of Wylie currently does not have a fee for the abandonment of right-of-way and has determined there is a need for said fee; and, WHEREAS, State Law requires that the proceeds from the sale of right -of-Way must be useto improve or purchase property for similar purposes, the funds would be set aside for accordingly; and, WHEREAS, the City Council has reviewed the suggested addition to the fee schedule and determined that the same should be adopted and put into effect by the adoption of this ordinance; and, NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION 1 That Appendix"A"of the Wylie City Code be, and it hereby is, amended to add as follows: § Section 43.00 Right-of-Way Abandonment Fee Under State Law, cities are precluded from giving property away. Cities must, under Section 272.001 of the Local Government Code, obtain an appraisal to establish fair market value. The City is then not allowed to convey, sell, or exchange that land and those interests for less than the fair market value of the land or interest SECTION 2 My person violating the provisions of this ordinance, or any part thereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06, therein, as the same now exists or is hereafter amended and shall not be allowed their permit, privilege, or license to which the fee pertains. SECTION 3 Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION 4 This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. • SECTION 5 � r That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION 6 The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this Ordinance. DULY PAS��ySeED AND APPROVED by the City Council of the City of Wylie, Texas, on this the o )'G", day of June, 1996. //xi By Swartz, Mayor •r ATTEST: usan Shultir, ity Secretary CITY OF WYLIE, TEXAS ORDINANCE NO. ye-I(, AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,PROVIDING FOR THE ESTABLISHMENT OF A CONSOLIDATED FEES AND CHARGES ORDINANCE INCLUDING WATER AND SEWER RATES AND FEES; CONSTRUCTION PERMITS AND FEES; IMPACT FEES; SPECIAL DISTRICT FEES; STREET RECONSTRUCTION FEES PERIMETER STREETS FEE IN LIEU OF CONSTRUCTION; MAINTENANCE BO11DS; ZONING AND PLATTING FEES; GARBAGE,TRASH AND BRUSH FEES;PEDDLERS'AND SOLICITORS'FEES; COPYING CHARGES;FINGERPRINTING;TAXICAB FEES;FIRE CODE PERMIT FEES;PARKLAND DEDICATION FEES;ALARM SYSTEM FEES AND CHARGES; ANIMAL FEES;LIBRARY FEES;EXCAVATION PERMIT FEES;COMMUNITY CENTER FEES; MANUFACTURED HOME LICENSE AND PERMIT FEES; SIDEWALK AND DRIVEWAY APPROACH PERMIT FEES; WASTEWATER PRETREATMENT PERMIT FEE;CARNIVAL LICENSE FEE;COIN-OPERATED MACHINE TAX;DANCE HALL LICENSE FEES;POOL HALL LICENSE FEES; GARAGE SALE PERMIT FEES; WRECKER SERVICE FEES; MASSAGE ESTABLISHMENT AND SERVICE FEES; JUNKYARD AND SALVAGE YARD LICENSE FEES; ANNUAL TAX ON AUCTIONEERS; FOOD SERVICE ESTABLISHMENT FOOD STORE PERMIT FEES; GARAGE KEEPER'S ABANDONED VEHICLE REPORT FEE; MUNICIPAL COURT SPECIAL FEES; VEHICLE IMPOUNDING FEES; WASTE HAULING PERMIT FEES; WASTEWATER DISCHARGE PERMIT APPLICATION FEE; MOWING AND RUBBISH CLEAN UP CHARGES AND FEES;ATHLETIC FACILITY CHARGES AND FEES; RIGHT-OF-WAY ABANDONMENT FEE; SEXUALLY ORIENTED BUSINESS FEES;MUNICIPAL COURT BUILDING SECURITY FEES;AMENDING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY CLAUSE; -- PROVIDING A SEVERABILITY CLAUSE; AM) PROVIDING AN EFFECTIVE DATE. WHEREAS,The City Council of the City of Wylie,has determined a need to have a consolidated fees and charges • ordinance for the City of Wylie,Texas;and, WHEREAS,The City of Wylie does not have such a consolidated fees and charges ordinance;and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,THAT: The following fees and charges am adopted by the City Council of the City of Wylie,Texas for the City and outside the City limits where applicable. SECTION 1.00 WATER AND SEWER RATES AND FEES. §1.01 Water and sewer service deposit. Each water customer shall make a deposit to the City of Wylie for water service and sewerage service in accordance with the following schedule: (a) Residential customers: (1) Water service S30.00 (2) Sewer service 30.00 (b)Commercial customers: (1) Water service 62.50 (2) Sewer service 62.50 §1.02 Water rates. (a) The following monthly water rates shall apply to all residential customers within the corporate limits of the City of Wylie,Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $8.90 Football None (Football marks their field at this time.If they choose for the city to contract out this —. marking,a price will need to be agreed upon at that time.) Chalk cost,per bag * 1.50 * All above fees already take into account the 40/50 split between the City of Wylie Parks and Recreation Department and those reserving a field(s).Any special markings above and beyond accepted standard markings will be subject to an additional charge due to extra labor/chalk costs and will need to be agreed upon between the city and those requesting special markings.The 50/50 split will also apply in these instances. SECTION 42.00 RIGHT-OF-WAY ABANDONMENT FEE. Under slate law,cities are prechulcd from giving property away.Cities must,under V.T.C.A.,Local Government Code 272.001,obtain an appraisal to establish fair market value.The city is then not allowed to convey,sell or exchange that land and those interests for less than the fair market value of the land or interest SECTION 43.00 SEXUALLY ORIENTED BUSINESS. The annual fee for a sexually oriented bucincs license shall be S500.00. SECTION 44.00 MUNICIPAL COURT BUILDING SECURITY FEE. The amount of the municipal court building security fee shall be S3.00. SECTION 45.00 PENALTY. Any person violating the provisions of this fee schedule,or any part hereof,commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in section 1-9,therein,as the same now exists or is hereafter amended and shall not be allowed the permit,privilege or license to which the fee pertains. P. ED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,THIS THE 9�DAY OF/4 0 -1998. %---Q--- frt. John Moody,Mayor aCa Salmons Secretary-11) r1'� �! / 1 I SEAL _ c 417. ,_ P�• �0� ‘14%* �rinntu�S'1, `- CONSOLIDATED FEES AND CHARGES ORDINANCE-page 19 ORDINANCE NO.2006-05 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE) BY REPEALING SECTION 42.00 (RIGHT-OF-WAY ABANDONMENT FEE); REPEALING ORDINANCE NO. 96-25; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the City of Wylie, Texas ("City")finds it would be beneficial to be able to sell, exchange or convey City property using any method allowed by state law and the current ordinance is more restrictive than state law; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has determined that it is beneficial and in the best interests of the citizens of Wylie to repeal Section 42.00(Right-of-way Abandonment Fee)of Ordinance No. 98-16 as set forth herein;and WHEREAS,the City Council has determined that it is beneficial and in the best interests of the citizens of Wylie to repeal Ordinance No. 96-25, which established a Right-of way Abandonment Fee as set forth herein NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THIS. CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance)Section 42.00 (Right-of-way Abandonment Fee).Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Section 42.00 (Right-of-way Abandonment Fee)is hereby amended to delete the text as follows: SECTION 42.00 [RESERVED FOR FUTURE USE] SECTION 3: Ordinance No.96-25 Repealed. Wylie Ordinance No. 96-25 is repealed in its entirety. The effective date of the repeal discussed in this Section shall not occur until the effective date of this Ordinance at which time Ordinance No. 96-25 shall be repealed. SECTION 4: Savings/Repealing Clause. All provisions of Wylie Ordinance No. 98-16 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any Ordinance No.2006-05 Deleting Right-of-way Abandonment Fee from Fee Schedule Page I violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,subsections,sentences,clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this the 24th day of January 2006. ``III11111111!//// ,�y 9F wy Mond ,Mayor cr‘ ATTEST: = SEAL • :/A; Carole Ehrlic , rty Secretary '�� !1l1�11 0````• Date of publication in The Wylie News—February 1,2006 • Ordinance No.2006-05 Deleting Right-of-way Abandonment Fee from Fee Schedule Page 2 Wylie City Council CIT_1;Y OF WYLIE AGENDA REPORT Meeting Date: June 26, 2007 Item Number: 4 Department: Planning (City Secretary's Use Only) Prepared By: Charles H. Lee, AICP Account Code: Date Prepared: 06/6/07 Budgeted Amount: Parking Agreement & Site Exhibits: Plan Subject Consider, and act upon, approval of a Site Plan and consider an Alternative Parking Agreement for Best Corner Wylie Addition, Block A, Lots 1 & 2 (Ace Check Cashing & Metro PCS). Subject property being generally located on the northeast corner of SH 78 and W. Kirby Street. Recommendation Motion to approve a site plan and consider an Alternative Parking Agreement for Best Corner Wylie Addition, Block A, Lots 1 & 2 (Ace Check Cashing & Metro PCS). Subject property being generally located on the northeast corner of SH 78 and W. Kirby Street. Discussion Normally, the review and approval of site plans are delegated to Planning & Zoning Commission. In this particular case, the applicant is requesting approval for special off-site parking alternative along with the site plan in order to meet the minimum on-site parking required for Lot 1. The Zoning Ordinance requires City Council review and approval for special off-site Parking Alternatives. Article 7, Section 7.3 Off-Street Parking Requirements (F)Parking Alternatives. This provision allows for minimum required parking spaces be satisfied in lieu of on-site parking under certain conditions. The conditions as laid out in the ordinance include a legal agreement that runs with the property (land) and subject to City Council review. The applicant is requesting that the excess parking spaces on Lot 2 be counted towards meeting the required parking for Lot 1. The applicant is proposing to lease two existing commercial properties located at the northeast corner of SH 78 and W. Kirby Street. The property is zoned Commercial Corridor (CC) District and consists of two lots totaling .594 acres in size. A preliminary plat was approved on this property in January 2006 establishing the two lots. Lot 1 is .15 acres (6,714 sq. ft.) in size with an existing 1,648 sq.ft. brick building on site. Lot 1 was originally developed in the mid-1980s as a convenience store with gasoline pumps. In the mid 1990s TXDOT acquired portions of this property to accommodate the widening and improvements for SH 78. Recently, the City of Wylie has acquired portions of the property to accommodate rights-of-way for a right-turn lane and other traffic improvements at the intersection. The property owner was compensated for the acquisitions; however the property could no longer accommodate motor vehicle fueling station uses. More recent retail uses to the property include ice cream shop and convenience store. The applicant is proposing to convert the existing Page 1 of 2 Page 2 of 2 building into a check cashing service (Ace Cash America). The site work will consist of, landscape improvements, resurfacing of pavement, relocation of drive way and minimum alterations to the building elevations. Lot 2 is .44 acres (19,190 sq. ft.) in size with an existing 1,710 sq. ft. building on site. Lot 2 was originally developed in the mid 1970s as a drive-in restaurant (Dairy Queen) and until recently, the property continued those restaurant uses (Subway Sandwich Shop). The Subway restaurant has recently relocated and the restaurant has been vacant since that time. The applicant is proposing a cellular communications retail center for the property (Metro PCS). Site improvements include pavement resurfacing, a drive approach via Kirby Street, landscape improvements, relocation of dumpster pad and screening and minimum alterations to building elevations. Planning and Zoning Commission voted 4-1 to recommend approval subject to City Council review and approval of parking agreement document. There was a lengthy discussion on the vehicle maneuvering of two parking spaces on Lot 1. After discussion, it was recommended by the Commission to reconfigure the parking spaces to allow only 1 parking space (handicap) and have that space parallel to S.H. 78. The issuance of certificate of occupancy for the property is expressively contingent upon this agreement being filed and recorded with County Clerk and remaining in effect. Consequentially, each new tenant is bound by this same agreement. If the parking agreement is not filed or is voided by the owner and/or tenant, each lot would then have to meet all regulations of the Zoning Ordinance or cease to operate. Approved By Initial Date Department Director RO 06/14/07 City Manager Mill 4 id,o(0-7 // '''' ‘444747.4r#tN:c7;.i.,t*:.a Ao b �� ) y �NETY YAP 14 .7 :, ‘.%.‘titk-7z!= V41t011 ik ... LI 9 r h ♦ 'III \\ ' # ® Il 1I�i , \\. --A, - , ".. ' Mil 1 I i ® sh \ \\\ VO":!::''' .. • :if i 2•,•Rf - aY , +6 I l I S i!z4 AccEssa ,.; .. ®® 6�C� ` e---/ `10&A. TBACK C* €I..) 1 \ S4M 'TMIxA�:�. .,.• zoc,rn4..6— -�-1 �T I ;Ill iRAFFEIC " �_AIP u AR9PO.w 1Aw LAic- A C p __a„� 4"W 164.�r y --— PIL +°:e 3e/�, 9• `+ .. W.KIRBY STREET 7I� -.__R 6_AT,n6.A-----�S W. KIRBY STREET . ` .-- OWNER SURVEYOR ENGINEER STANLEY HADDOCK ROCKWALL SURVEYING THE DIMENSION GROUP 221 COUNTRY CLUB DR. 1984 S.FM 551 10155 SANDHILL ROAR HEATH,TEXAS ROYSE CRY,TEXAS 75189 DALLAS.TEXAS 75238 o n ' PHONE(972)772-5434 (214)343-9400 IA 9J2-7J2-4144 FAX(972)772-5443 MOSTAFA SETAYESH,P.E. 8 SITE DATA SU)AAARY TABLE — - 8 EXISTING ZONING CC(COMIERGMA CORRIDOR) B �EARE , CASH wow, 6.7 4"S..0ENCE FT:(0.154 ACRES) BEST CORNER-WYLIE ADDITION O LA,AREA'2'METRO PCS ,9.265.E S.O.R n.(0.4 ACRES) BLOCK A, LOTS 1 & 2, BUILDING'1'SQUARE FOOTAGE 1,848 5.6�FT. O BUILDING•Z•SQUARE FOOTAGE2,15E S.Q.ET. LOT COVERAGE AREA'1' '4Si LOT`OVER""AREA'2. 8.9 f 0.594 ACRES D PARKING RCM TOTAL PARKING REWIRED LOT'1' fi TOTAL vARKINc REQUIRED LOT•z' 9, AN ADDITION TO THE CITY OF WYLIE 0.69 ACRES E.B.SHELBY TOTAL PARKING REQUIRED Lon•1 s z' ,s SURVEY A.420 CITY OF WYLIE,COLLIN COUNTY,TEXAS TOTAL HANDICAP PARKNG REQUIRED'I' D TOTAL HANDICAP PARING PROVIDED'1' 1 TOTAL NApCN PARKING REQUIRED'2' 1 i TOTAL HANDICAP PARKING PROVIDED"2' 1 TOTAL PAWING PROVIDED,LOT'1' fi TOTAL PARKING PROVIDED 0 LOT''• O 2 Oa �7/MeNS/ON CI TOTAL G .PROVIDED LOTS'1 a T' 18 �— LIGHRNC LOT',• 3 W TO LAMILAMING NG 'I 8 2' 5 —__ Pt, LANDSCAPE REQUIRED LOT'I' 20%DR 1,343 SF 8^ LANDSCAPING PROVIDED LOT•1' 20.4ff OR 1367 SF ' _' R1 1 LANDSCAPE REQUIRED LOT 7' 20%CR 3,841 SF DRAINING INFO. aA«or4A 4Rve PROJECT Na 06079 Twr...¢Is �� LANDSCAPING PROVIDED LOT'Z' 28.6%OR 6.4Po SF /''J'>G SHEET NUMBFA FRONTAGE LANDSCAPE REQUIRED LOT'1' toff OR E)1,Si 4o FRONTAGE LANDSCAPING PRIED LOT-1- FRONTAGE OR 1,367 SF DATE: 05-11-07 D FRONTAGE IM05UPE REQUIRED LOT h' tO1f OR 1,920 SF SITE PLAN C 1 g.�j FRONTAGE LA050APRIC PRIMED LOT•f 7.6i OR 3.3)8 Sr , R TOTAL 50.FT.OF IMPERVIOUS SURFACE 1. 79.85 OR 5.34E SOFT. DRANK BY:tl94 'na TOTK S0.FT.OF IMPERVIOUS SURFACE'2' 71.4%DR 13.716 SOFT. L._• .. > L TOTAL S0.FT.OF IMPERVIOUS SURFACE'1&2' 73.55 DR 19084 SO.Fi. REV.5/24/2007 After recording, return to: Attn: Renae 011ie City of Wylie 2000 Highway 78 North Wylie, Texas 75098 PARKING AGREEMENT This Parking Agreement and Declaration of Consent is entered into between Stanley C. Haddock, an individual residing at 221 Country Club Drive, Heath, Texas 75032 (hereinafter "Haddock") and Lafayette Landing Development, Ltd., located at 221 County Club Drive, Heath, Texas 75032 (hereinafter"Lafayette"). WHEREAS,Haddock owns a tract of real property,with improvements thereon, located at 503 S. State Highway 78, Wylie, Texas, more particularly described by its legal description contained in Exhibit"1"attached hereto(hereinafter"the Haddock Tract"); and WHEREAS,Lafayette owns a tract of real property,with improvements thereon,located at 501 S. State Highway 78, Wylie, Texas, more particularly described by its legal description contained in Exhibit"2"attached hereto(hereinafter"the Lafayette Tract");and WHEREAS,the Haddock Tract and the Lafayette Tract are adjacent and contiguous to each other; and WHEREAS, Haddock is the sole partner/owner of Lafayette; and WHEREAS, Haddock and Lafayette consent and agree to permit Tract A and B, and any occupants thereon to share the parking/parking spaces between the two lots so as to comply with parking alternatives granted by Article 7, Section 7.3 (F), of the general development regulations in the City of Wylie Zoning Ordinance. NOW THEREFORE,in consideration of the following,the parties hereby agrees as follows: PARKING AGREEMENT PAGE I Haddock and Lafayette hereby consent and agree that the use of the parking spaces,sites and rights available for Tracts A and B shall be permitted, utilized and/or available for use by tenants, occupants,or any other users of both Tracts A and B, so that parking spaces/rights may be utilized to satisfy/comply with parking requirements of the City of Wylie, Texas and otherwise satisfy Article 7, Section 7.3 (F)entitled"Parking Alternatives",General Development Regulations in the Zoning Ordinance for the City of Wylie, Texas. In accordance with this Agreement, the tenants, occupants and other users are permitted/entitled to share the parking/parking spaces on the two lots. This consent and agreement shall run with the land and be applicable for both Tracts A and B until otherwise revoked by the parties. Executed this day of ,2007. STANLEY C. HADDOCK LAFAYETTE LANDING DEVELOPMENT, LTD. By: STANLEY C. HADDOCK, GENERAL PARTNER SUBSCRIBED AND SWORN TO before me by Stanley C.Haddock on this day of , 2007. NOTARY PUBLIC in and for the State of Texas (Typed or Printed Name of Notary) PARKING AGREEMENT PAGE 2 SUBSCRIBED AND SWORN TO before me by Lafayette Landing Development,Ltd., by Stanley C. Haddock, its General Partner, on this day of ,2007. NOTARY PUBLIC in and for the State of Texas (Typed or Printed Name of Notary) PARKING AGREEMENT PAGE 3 • —,- \...\ _ \ \ \ • FyX \ \ o N$ o T \\ 0 el k I \\ : / S-, F . \ b f • Ili \ \\ I AI \\ 1 t 1 \\ 1 .E: /^,• � !i19°ea� g; NO. DATE DESCRIPTION BY y I� )1;p1111 i 0 PROPOSED EXTERIOR ELEVATIONS A 5/21/0: CITY COMMENTS CB cybiMeN10N IV iipa 21 5/24/0 an COMMENTS ea'�' ` a1E 1p11 m. d BEST CORNER WYLIE ADDITION, - -^ - fir _ 1 1 F1 a BLOCK A. LOTS 1 & 2 ,�-- ``�., '.r. . eli.1� as33, WYLIE. 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LOTS 1 & 2 , \`� i 333 y WYLIE, TEXAS 75098 ,0116 0.1.,0..8.,w.,.vl ,u„..an.,m ru,. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2007 Item Number: 5 Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 6/15/07 Budgeted Amount: N/A Exhibits: Ordinance, CIP Subject Consider, and act upon, Ordinance No. 2007-18 setting a date, time, and place for the City Council to conduct a public hearing to consider the Thoroughfare Capital Improvements Plan. Recommendation Motion to approve Ordinance No. 2007-18 setting August 14, 2007 at 6:00 at the City Hall Council Chambers as the date, time, and place for the City Council to conduct a public hearing to consider the Thoroughfare Capital Improvements Plan. Discussion On May 22, 2007 Council approved an engineering services agreement to update the Thoroughfare Impact Fees. The fees were last adopted on July 25, 2006. The update is necessary to add Hensley Lane and Springwell Parkway to the capital improvements plan. Potential development in the western portion of the City has made the construction of these roadways necessary. The attached table shows the timeline necessary for the adoption of the fees. The impact fee advisory committee will be meeting at a future date to discuss the proposed fees and make recommendations to Council. Also attached is the draft 10-year Thoroughfare Capital Improvements Plan. Approved By Initial Date Department Director CH 6/15/07 City Manager M'V I la.o 10-7 Page 1 of 1 ORDINANCE NO. 2007-18 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS, SETTING A DATE, TIME AND PLACE FOR THE CITY COUNCIL TO CONDUCT A PUBLIC HEARING TO CONSIDER THE THOROUGHFARE CAPITAL IMPROVEMENTS PLAN; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has previously appointed the City's Planning and Zoning Commission plus an ad hoc member to serve as the Capital Improvements Advisory Committee in accordance with Chapter 395 of the Local Government Code; and WHEREAS, the City Council has previously adopted Land Use Assumptions by Ordinance No. 2006-10; and WHEREAS, the City Council desires to conduct a public hearing in regards to the Thoroughfare Capital Improvements Plan in accordance with Chapter 395 of the Local Government Code regarding the adoption of impact fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION: 2: Call for Public Hearing. On the 14`" day of August, 2007, at 6:00 pm in the City Council Chamber of Wylie City, 2000 North Highway 78, City of Wylie, Texas, the City Council will hold a public hearing giving all interested persons the right to appear and be heard on the Thoroughfare Capital Improvements Plan needed for the adoption of thoroughfare impact fees by the City of Wylie, Texas. Notwithstanding the foregoing, the above stated date for public hearing may be changed to any other date that is in accordance with law and for which notice is provided in accordance with law, if it is determined by the City Manager, or his designee, that good reason exists for changing said date. Ordinance No.2007-18 Public Hearing for Thoroughfare CIP Page 1 SECTION 3: Notice of Hearing. The City Manager, or his designee, is hereby authorized and directed to cause notice of such hearing to be published in a newspaper in each county in which the City lies and send it by certified mail to anyone who has requested to receive it at least thirty(30) days before the date of such hearing, in accordance with Chapter 395 of the Texas Local Government Code and to be provided as otherwise required by law. SECTION 4: Savings/Repealing Clause: All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 5: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date: This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on June 26, 2007. M. G. BYBOTH, Mayor Pro Tem ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Ordinance No.2007-18 Public Hearing for Thoroughfare CIP Page 2 TIMELINE FOR ADOPTION OF LAND USE PLAN ("LUP"). CAPITAL IMPROVEMENTS PLAN ("CIP") AND IMPACT FEES UNDER LOCAL GOVERNMENT CODE ("LGC") FOR THE CITY OF WYLIE Required Action Time Required Date Appoint capital improvements On or before the date an ordinance is Complete advisory committee. LGC adopted establishing the public hearing date 395.058 for the LUP and CIP. Adopt ordinance establishing On or after the date the capital 6/26/07 public hearing date for LUP and improvements advisory committee is CIP. LGC 395.042 appointed. Make available to the public the On or before date the Notice of Public 6/26/07 land use assumptions, time period Hearing on LUP and CIP is published. of the projections and a description of the capital improvement facilities that may be imposed. LCG 395.043 Publish Notice of Public Hearing 30 days before the date of the hearing. Must 7/04/07 on LUP and CIP. LGC 395.044 be in a newspaper in each county in which the city lies and mail by certified mail to any who have requested it. See statute for specific requirements. Conduct Public Hearing on LUP On the date specified in the notice, which 8/14/07 and CIP. must be at least 30 days after the notice is provided. Approve or disapprove the LUP With 30 days of the date of the Public 8/14/07 and CIP. LGC 395.045 Hearing. (Can adopt at the same meeting that Public Hearing is conducted, if adopt after the Public Hearing). Adopt resolution calling public On adoption of the LUP and CIP 8/14/07 hearing on imposition of impact fee. LGC 395.047 Publish Notice of Public Hearing 30 days before the date of the hearing. Must 8/22/07 on the imposition of an impact fee. be in a newspaper in each county in which LCG 395.049 the city lies and mail by certified mail to any who have requested it. See statute for specific requirements. Advisory Committee must file Before the 5th business day before the date By 9/19/07 written comments on the proposed of the Public Hearing on Impact Fees. impact fees. LGC 395.050 Conduct Public Hearing on After approval of LUP and CIP and on the 9/25/07 imposition of impact fees. LGC date specified in the notice, which must be 395.047 at least 30 days after the notice is provided. Adopt ordinance imposing impact Within 30 days of the date of the public 9/25/07 fees. LGC 395.051 hearing on the imposition of impact fees. (Can adopt at the same meeting that Public Hearing is conducted, if adopt after the Public Hearing). 438708-1 Table 1 Thoroughfare Capital Improvement Plan City of Wylie 2007 Roadway Impact Fee PROJECT BOUNDARY PROJECT LENGTH TOTAL CONSTRUCTION COST OF TOTAL COST CONSTRUCTION COST FINANCING ELIGIBLE ARTERIAL NUMBER FROM TO EXISTING DESCRIPTION (ft) COST TO THE CITY CITY PORTION FOR RECOVERY FM 1378 W1 FM 544 W Brown St 2 lanes Build a 4-lane divided section 3,600 $ 6,900,000 $ 1,633,350 $ 1,029,011 $ 2,662,361 FM 1378 W2 W Brown St Parker Rd 2 lanes Build a 4-lane divided section 12,000 $ 14,970,000 $ 14,970,000 $ 9,431,100 $ 24,401,100 W Brown Street W3 FM 1378 Ballard Ave 2 lanes Build a 4-lane divided section 9,500 $ 12,645,000 $ 12,645,000 $ 7,966,350 $ 20,611,350 Hensley Lane W4 Hensley Hooper Road --- Build a 3-lane undivided section 3,000 $ 2,965,000 $ 2,965,000 $ 1,867,950 $ 4,832,950 Country Club Road W5 FM 544 Hooper Road --- Build a 4-lane divided section 5,500 $ 6,800,000 $ 6,800,000 $ 4,284,000 $ 11,084,000 McMillen Road W6 Lewis Country Club(FM 1378) 2 lanes Realign and build a 4-lane divided section 7,150 $ 9,410,000 $ 9,410,000 $ 5,928,300 $ 15,338,300 McCreary Road W7 FM 544 Maxwell Creek Road --- Build a 4-lane divided section 4,100 $ 6,550,000 $ 6,550,000 $ 4,126,500 $ 10,676,500 Springwell Pkwy. W8 FM 544 Hensley Lane --- Build a 4-lane undivided section 2,700 $ 2,850,000 $ 2,850,000 $ 1,795,500 $ 4,645,500 Hensley Lane W9 McCreary Hooper Road --- Build a 4-lane undivided section 5,100 $ 5,095,000 $ 5,095,000 $ 3,209,850 $ 8,304,850 Sub Total $ 68,185,000 $ 62,918,350 $ 39,638,561 $ 102,556,911 Alanis Drive El Century Way S Ballard 3 lanes Build a 6-lane divided section 5,500 $ 9,940,000 $ 9,940,000 $ 6,262,200 $ 16,202,200 Alanis Drive E2 Twin Lakes FM 544 3 lanes Build a 4-lane divided section 2,770 $ 3,080,000 $ 3,080,000 $ 1,940,400 $ 5,020,400 Kirby Street E3 SH 78 Birmingham 4 lanes Build a 4-lane divided section 1,500 $ 1,965,000 $ 1,965,000 $ 1,237,950 $ 3,202,950 Stone Road E4 Birmingham S Ballard 2 lanes Build a 4-lane divided section 900 $ 1,122,000 $ 1,122,000 $ 706,860 $ 1,828,860 Stone Road ES Ballard Akin 2 lanes Build a 4-lane divided section 2,750 $ 3,110,000 $ 3,110,000 $ 1,959,300 $ 5,069,300 S Ballard Avenue E6 Stone Rd Alanis Dr 2 lanes Build a 4-lane divided section 3,700 $ 4,140,000 $ 4,140,000 $ 2,608,200 $ 6,748,200 S Ballard Avenue E7 Alanis Dr County Line 2 lanes Build a 4-lane divided section 6,500 $ 7,430,000 $ 2,184,500 $ 1,376,235 $ 3,560,735 'Stone Road E8 Alkin Vinson 2 lanes Build a 4-lane divided section 11,200 $ 12,965,000 $ 12,965,000 $ 8,167,950 $ 21,132,950 Brown Street E9 SH 78 Stone 2 lanes Build a 4-lane divided section 11,000 $ 13,505,000 $ 13,505,000 $ 8,508,150 $ 22,013,150 ;SH 78 El Eubanks Spring Creek Pkwy 2 lanes Build a 4-lane divided highway section 3,200 $ 3,552,000 $ 3,552,000 $ 2,237,760 $ 5,789,760 Sub Total $ 60,809,000 $ 55,563,500 $ 35,005,005 $ 90,568,505 Grand Total: I $ 128,994,000 I $ 118,481,850 I $ 74,643,566 I$ 193,125,416 City of Wylie-200/Koadway Impact Fee Page? BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:FM 1378 Improvements FM 544 to West Brown Street By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit Price Amount Project Description:6-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 3,600 L.F. Normal Width Each Side 37 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 36 Sta. $ 4,000.00 $ 144,000 2 Unclassified Excavation 31,019 C.Y. $ 9.00 $ 279,167 3 12-inch Lime Treated Subgrade 31,937 S.Y. $ 5.00 $ 159,683 4 Hydrated Lime @ 65#/S.Y. 1,038 Tons $ 115.00 $ 119,363 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 14,070 L.F. $ 2.00 $ 28,140 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 30,299 S.Y. $ 35.00 $ 1,060,465 7 Reinforced Concrete Driveways 500 S.Y. $ 40.00 $ 20,000 8 Side Street Concrete Transitions 400 S.Y. $ 42.00 $ 16,800 9 Finish Grade and Sodding(plus 10%outside ROW) 14,550 S.Y. $ 7.00 $ 101,850 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 3,722 S.Y. $ 34.00 $ 126,556 11 Handicap Ramps 10 Ea. $ 1,500.00 $ 15,000 Paving Improvements Subtotal: $ 2,071,024 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 683,438 13 250'Bridge(51'Wide) 2 Ea. $ 600,000.00 $ 1,200,000 14 Offsite Storm Drainage Improvements 400 L.F. $ 200.00 $ 80,000 Drainage Improvements Subtotal: $ 1,963,438 15 Signalization Improvements at West Brown Street 1 L.S. $ 240,000.00 $ 240,000 16 Landscaping&Irrigation Improvements 3,350 L.F. $ 60.00 $ 201,000 17 Street Lighting Improvements 3,600 L.F. $ 80.00 $ 288,000 18 Railroad Crossing Upgrades 1 L.S. $ 350,000.00 $ 350,000 Paving,Drainage and Aesthetics and Signal Improvements: $ 5,113,462 Miscellaneous Contingencies: 15% $ 767,019 Paving,Drainage and Aesthetics and Signal Improvements Subtotal: $ 5,880,481 Project Cost per Linear Foot: $ 1,633.47 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 489,000 Material Testing and Quality Control(Estimated): $ 95,000 Right-of-way Preparation(Estimated): $ 10,000 Signalization Design(Estimated): $ 22,000 Subtotal,Professional Fees(Estimated): $ 616,000 Project Total: $ 6,496,481 I USE (ROUNDED UP TO NEAREST$10,000): $ 6,500,000 Right-of-way Acquisition (100'x Length=8.0 Acres @$50,000/Acre): $ 400,000 J:\Clerical\Wylie\2007126\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W I-FM 1378 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project: FM 1378 Improvements West Brown Street to Parker Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No.I Description I Quantity I Unit I Price —I Amount Project Description:6-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 12,000 L.F. Normal Width Each Side 37 B-B Expected Average Depth of Roadway Excavation 2.25 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 120 Sta. $ 4,000.00 $ 480,000 2 Unclassified Excavation 100,000 C.Y. $ 9.00 $ 900,000 3 12-inch Lime Treated Subgrade 114,400 S.Y. $ 5.00 $ 572,000 4 Hydrated Lime a 65#/S.Y. 3,718 Tons $ 115.00 $ 427,570 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 50,400 L.F. $ 2.00 $ 100,800 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 108,533 S.Y. $ 35.00 $ 3,798,655 7 Reinforced Concrete Driveways 660 S.Y. $ 40.00 $ 26,400 8 Side Street Concrete Transitions 2,300 S.Y. $ 42.00 $ 96,600 9 Finish Grade and Sodding(plus 10%outside ROW) 39,027 S.Y. $ 7.00 $ 273,187 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 13,333 S.Y. $ 34.00 $ 453,333 11 Handicap Ramps 46 Ea. $ 1,500.00 $ 69,000 Paving Improvements Subtotal: $ 7,197,545 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 2,375,190 13 Offsite Storm Drainage Improvements 300 L.F. $ 200.00 $ 60,000 Drainage Improvements Subtotal: $ 2,435,190 14 Landscaping&Irrigation Improvements 12,000 L.F. $ 60.00 $ 720,000 15 Street Lighting Improvements 12,000 L.F. $ 80.00 $ 960,000 Paving,Drainage and Aesthetics Improvements:_ $ 11,312,735 Miscellaneous Contingencies: 15% $ 1,696,910 Paving,Drainage and Aesthetics Improvements Subtotal:_ $ 13,009,645 Project Cost per Linear Foot: $ 1,084.14 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 1,030,000 Material Testing and Quality Control(Estimated): $ 180,000 Right-of-way Preparation(Estimated): $ 200,000 Subtotal,Professional Fees(Estimated): $ 1,410,000 Project Total: $ 14,419,645 USE (ROUNDED UP TO NEAREST$10,000): $ 14,420,000 1 Right-of-way Acquisition (40'x Length= 11.0 Acres @$50,000/Acre): $ 550,000 J:\Clerical\Wylie\2007I26\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W2-FM 1378 BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:West Brown Street FM 1378 to Ballard Avenue By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Iltem No.1 Description I Quantity I Unit I Price Amount I Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 9,500 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 95 Sta. $ 4,000.00 $ 380,000 2 Unclassified Excavation 85,185 C.Y. $ 9.00 $ 766,667 3 12-inch Lime Treated Subgrade 60,720 S.Y. $ 5.00 $ 303,600 4 Hydrated Lime @ 65#/S.Y. 1,973 Tons $ 115.00 $ 226,941 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 38,640 L.F. $ 2.00 $ 77,280 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 56,222 S.Y. $ 35.00 $ 1,967,770 7 Reinforced Concrete Driveways 1,050 S.Y. $ 40.00 $ 42,000 8 Side Street Concrete Transitions 1,000 S.Y. $ 42.00 $ 42,000 9 Finish Grade and Sodding(plus 10%outside ROW) 67,633 S.Y. $ 7.00 $ 473,433 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 10,222 S.Y. $ 34.00 $ 347,556 11 Handicap Ramps 20 Ea. $ 1,500.00 $ 30,000 Paving Improvements Subtotal: $ 4,657,247 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 1,536,891 13 300'Bridge(51'Wide) 2 Ea. $ 700,000.00 $ 1,400,000 14 Offsite Storm Drainage Improvements 600 L.F. $ 200.00 $ 120,000 Drainage Improvements Subtotal: $ 3,056,891 15 Signalization Improvements at Westgate Way 1 L.S. $ 240,000.00 $ 240,000 16 Landscaping&Irrigation Improvements 9,500 L.F. $ 60.00 $ 570,000 17 Street Lighting Improvements 9,500 L.F. $ 80.00 $ 760,000 18 Railroad Crossing Upgrades 1 L.S. $ 350,000.00 $ 350,000 Paving,Drainage and Aesthetics and Signal Improvements: $ 9,634,138 Miscellaneous Contingencies: 15% $ 1,445,121 Paving,Drainage and Aesthetics and Signal Improvements Subtotal: $ 11,079,259 Project Cost per Linear Foot: $ 1,166.24 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 875,000 Material Testing and Quality Control(Estimated): $ 153,000 Right-of-way Preparation(Estimated): $ 80,000 Signalization Design(Estimated): $ 22,000 Subtotal,Professional Fees(Estimated): $ 1,130,000 Project Total: $ 12,209,259 USE (ROUNDED UP TO NEAREST$10,000): I I I I $ 12,210,000 I Right-of-way Acquisition (40'x Length=8.7 Acres @$50,000/Acre):I I $ 435,000 J:\Clerical\Wylie\2007126\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W3-WBrown BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:Hensley Lane Existing Hensley Lane to Hooper Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST !Item No.1 Description I Quantity I Unit I Price I Amount Project Description:3-lane Undivided Thoroughfare,37-feet B-B,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 3,000 L.F. Normal Width 37 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 30 Sta. $ 4,000.00 $ 120,000 2 Unclassified Excavation 10,185 C.Y. $ 9.00 $ 91,667 3 12-inch Lime Treated Subgrade 13,108 S.Y. $ 5.00 $ 65,540 4 Hydrated Lime A 65#/S.Y. 426 Tons _ $ 115.00 $ 48,991 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 11,550 L.F. $ 2.00 $ 23,100 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 12,436 S.Y. $ 35.00 $ 435,260 7 Reinforced Concrete Driveways 60 S.Y. $ 40.00 $ 2,400 8 Side Street Concrete Transitions 200 S.Y. $ 42.00 $ 8,400 9 Finish Grade and Sodding(plus 10%outside ROW) 5,920 S.Y. $ 7.00 $ 41,440 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 1,528 S.Y. $ 34.00 $ 51,944 11 Handicap Ramps 4 Ea. $ 1,500.00 $ 6,000 Paving Improvements Subtotal: $ 894,742 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 295,265 13 250'Bridge(51'Wide) 1 Ea. $ 600,000.00 $ 600,000 14 Offsite Storm Drainage Improvements 400 L.F. $ 200.00 _ $ 80,000 Drainage Improvements Subtotal: $ 975,265 15 Landscaping&Irrigation Improvements(75%Normal) 2,700 L.F. $ 45.00 $ 121,500 16 Street Lighting Improvements(75%Normal) 3,000 L.F. $ 60.00 $ 180,000 $ - Paving,Drainage and Aesthetics Improvements: $ 2,171,507 Miscellaneous Contingencies: 15% $ 325,726 Paving,Drainage and Aesthetics and Signal Improvements Subtotal: $ 2,497,233 Project Cost per Linear Foot: , $ 832.41 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 194,000 Material Testing and Quality Control(Estimated): $ 44,000 Right-of-way Preparation(Estimated): $ 24,000 Subtotal,Professional Fees(Estimated): $ 262,000 Project Total: $ 2,759,233 L USE (ROUNDED UP TO NEAREST$10,000): I I $ 2,760,000 Ri t-of-wa Acquisition (60'x Length=4.1 Acres @$50,000/Acre): $ 205,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W4-Hensley BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:Country Club Road FM 544 to Hooper Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST (Item No. Description I Quantity I Unit I Price I Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 5,500 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 55 Sta. $ 4,000.00 $ 220,000 2 Unclassified Excavation 49,537 C.Y. $ 9.00 $ 445,833 3 12-inch Lime Treated Subgrade 35,310 S.Y. $ 5.00 $ 176,550 4 Hydrated Lime @ 65#/S.Y. 1,148 Tons $ 115.00 $ 131,971 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 22,470 L.F. $ 2.00 $ 44,940 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 32,694 S.Y. $ 35.00 $ 1,144,290 7 Reinforced Concrete Driveways 150 S.Y. $ 40.00 $ 6,000 8 Side Street Concrete Transitions 500 S.Y. $ 42.00 $ 21,000 9 Finish Grade and Sodding(plus 10%outside ROW) 38,972 S.Y. $ 7.00 $ 272,806 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 5,944 S.Y. $ 34.00 $ 202,111 11 Handicap Ramps 10 Ea. $ 1,500.00 $ 15,000 Paving Improvements Subtotal: $ 2,680,501 12 Underground Storm Drainage Improvements 33% of Pavinn Improvements $ 884,565 13 150'Bridge(51'Wide) 2 Ea. $ 355,000.00 $ 710,000 14 Offsite Storm Drainage Improvements 400 L.F. $ 200.00 $ 80,000 Drainage Improvements Subtotal: $ 1,674,565 15 Landscaping&Irrigation Improvements 5,300 L.F. $ 60.00 $ 318,000 16 Street Lighting Improvements 5,500 L.F. $ 80.00 $ 440,000 17 Signal Improvements at Hensley I L.S. $ 240,000.00 $ 240,000 Paving,Drainage and Aesthetics Improvements: $ 5,353,066 Miscellaneous Contingencies: 15% $ 802,960 Paving,Drainage and Aesthetics and Signal Improvements Subtotal: $ 6,156,026 Project Cost per Linear Foot: $ 1,119.28 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 500,000 Material Testing and Quality Control(Estimated):.. $ 94,000 Right-of-way Preparation(Estimated): $ 22,000 Signal Improvements Design(Estimated): $ 22,000 Subtotal,Professional Fees(Estimated): $ 638,000 - Project Total: $ 6,794,026 I USE (ROUNDED UP TO NEAREST$10,000): I I I I$ 6,800,000 R t-of-way Acquisition (Develper Donated): $ - - J:\Clerical\Wylie\2007I26\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W5-Country Club BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:McMillen Road Paving and Drainage Improvements McCreary Road to FM 1378(1/2 from McCreary Road to Lewis) By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Iltem No.1 Description I Quantity I Unit I Price I Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 7,150 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8%by unit weight 1 Right-of-way Preparation 72 Sta. $ 4,000.00 $ 288,000 2 Unclassified Excavation 63,657 C.Y. $ 9.00 $ 572,917 3 12-inch Lime Treated Subgrade 45,375 S.Y. $ 5.00 $ 226,875 4 Hydrated Lime @ 65#/S.Y. 1,475 Tons $ 115.00 $ 169,589 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 28,875 L.F. $ 2.00 $ 57,750 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 42,014 S.Y. $ 35.00 $ 1,470,490 7 Reinforced Concrete Driveways 500 S.Y. $ 40.00 $ 20,000 8 Side Street Concrete Transitions 400 S.Y. $ 42.00 $ 16,800 9 Finish Grade and Sodding(plus 10%outside ROW) 50,325 S.Y. $ 7.00 $ 352,275 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 7,639 S.Y. $ 34.00 $ 259,722 II Handicap Ramps 14 Ea. $ 1,500.00 $ 21,000 Paving Improvements Subtotal: $ 3,455,418 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 1,140,288 13 275'Bridge(51'Wide) 2 Ea. $ 645,000.00 $ 1,290,000 14 Offsite Storm Drainage Improvements 500 L.F. $ 200.00 $ 100,000 Drainage Improvements Subtotal: $ 2,530,288 15 50%of Signalization Improvements at McCreary Road 1 L.S. $ 120,000.00 $ 120,000 16 Landscaping&Irrigation Improvements 6,875 L.F. $ 60.00 $ 412,500 17 Street Lighting Improvements 7,150 L.F. $ 80.00 $ 572,000 Paving,Drainage and Aesthetics and(50%Signals)Improvements: $ 7,090,206 Miscellaneous Contingencies: 15% $ 1,063,531 Paving,Drainage and Aesthetics and(50%Signals)Improvements Subtotal: $ 8,153,737 Project Cost per Linear Foot: $ 1,140.38 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 680,000 Material Testing and Quality Control(Estimated):_ $ 130,000 Right-of-way Preparation(Estimated): $ 25,000 50%of Signalization Design(Estimated): $ 11,000 Subtotal,Professional Fees(Estimated): $ 846,000 Project Total: $ 8,999,737 USE ROUNDED UP TO NEAREST$10,000): $ 9,000,000 Ri�ltt-of-way Acquisition (50'x Length=8.2 Acres @$50,000/Acre): $ 410,000 J:\Clerical\Wylie\2007I26\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W6-McMillen BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project: McCreary Road FM 544 to South City Limit By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST (Item No.1 Description I Quantity I Unit P;Tc—e--1 Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 4,100 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 41 Sta. $ 4,000.00 $ 164,000 2 Unclassified Excavation 37,963 C.Y. $ 9.00 $ 341,667 3 12-inch Lime Treated Subgrade 27,060 S.Y. $ 5.00 $ 135,300 4 Hydrated Lime @ 65#/S.Y. 879 Tons $ 115.00 $ 101,137 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 17,220 L.F. $ 2.00 $ 34,440 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 25,056 S.Y. $ 35.00 $ 876,960 7 Reinforced Concrete Driveways 300 S.Y. $ 40.00 $ 12,000 8 Side Street Concrete Transitions 400 S.Y. $ 42.00 $ 16,800 9 Finish Grade and Sodding(plus 10%outside ROW) 29,667 S.Y. $ 7.00 $ 207,667 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 4,556 S.Y. $ 34.00 $ 154,889 11 Handicap Ramps 8 Ea. $ 1,500.00 $ 12,000 Paving Improvements Subtotal: $ 2,056,859 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 678,763 13 300-ft.Bridge(51'Wide) 2 Ea. $ 700,000.00 $ 1,400,000 14 Offsite Storm Drainage Improvements 500 L.F. $ 200.00 $ 100,000 Drainage Improvements Subtotal: $ 2,178,763 15 Landscaping&Irrigation Improvements 4,100 L.F. $ 60.00 $ 246,000 16 Street Lighting Improvements 4,100 L.F. $ 80.00 $ 328,000 Paving,Drainage and Aesthetics Improvements: $ 4,809,622 Miscellaneous Contingencies: 15% $ 721,443 Paving,Drainage and Aesthetics Improvements Subtotal: $ 5,531,066 Project Cost per Linear Foot: $ 1,349.04 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 420,000 Material Testing and Quality Control(Estimated): $ 90,000 Right-of-way Preparation(Estimated): $ 30,000 Subtotal,Professional Fees(Estimated): $ 540,000 Project Total: $ 6,071,066 USE (ROUNDED UP TO NEAREST$10,000): $ 6,080,000 Right-of-way Acquisition (100'x Length=9.4 Acres $50,000/Acre): $ 470,000 1:\Clerical\Wylie\2007I26\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W7-McCreary BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project: Springwell Parkway FM 544 to Hensley Lane By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No.( Description I Quantity I Unit I Price I Amount Project Description:4-lane undivided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage(70'ROW) Project Length 2,700 L.F. Normal Width Entire Street 49 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 27 Sta. $ 4,000.00 $ 108,000 2 Unclassified Excavation 17,500 C.Y. $ 9.00 $ 157,500 3 12-inch Lime Treated Subgrade 16,830 S.Y. $ 5.00 $ 84,150 4 Hydrated Lime @ 65#/S.Y. 547 Tons $ 115.00 $ 62,900 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 5,670 L.F. $ 2.00 $ 11,340 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 16,170 S.Y. $ 35.00 $ 565,950 7 Reinforced Concrete Driveways 300 S.Y. $ 40.00 $ 12,000 8 Side Street Concrete Transitions 400 S.Y. $ 42.00 $ 16,800 9 Finish Grade and Sodding(plus 10%outside ROW) 3,670 S.Y. $ 7.00 $ 25,690 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 3,000 S.Y. $ 34.00 $ 102,000 11 Handicap Ramps 8 Ea. $ 1,500.00 $ 12,000 Paving Improvements Subtotal: $ 1,158,330 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 382,249 13 Offsite Storm Drainage Improvements 500 L.F. $ 200.00 $ 100,000 Drainage Improvements Subtotal: $ 482,249 14 Landscaping&Irrigation Improvements 2,700 L.F. $ 50.00 $ 135,000 15 Street Lighting Improvements 2,700 L.F. $ 70.00 $ 189,000 Paving,Drainage and Aesthetics Improvements: $ 1,964,579 Miscellaneous Contingencies: 15% $ 294,687 Paving,Drainage and Aesthetics Improvements Subtotal:_ $ 2,259,266 Project Cost per Linear Foot: $ 836.77 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 198,000 Material Testing and Quality Control(Estimated): $ 41,000 Right-of-way Preparation(Estimated): $ 36,000 Subtotal,Professional Fees(Estimated): $ 275,000 Project Total: $ 2,534,266 USE (ROUNDED UP TO NEAREST$10,000): $ 2,540,000 Right-of-way Acquisition (100'x Length=6.2 Acres @$50,000/Acre):T _ I. $ 310,000 J:\Clerical\QWylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W8-Springwell BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:Hensley Lane McCreary Road to Hooper Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST (Item No.I Description I Quantity I Unit l Price I Amount Project Description:4-lane undivided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage(70'ROW) Project Length 5,100 L.F. Normal Width Entire Street 49 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 51 Sta. $ 4,000.00 $ 204,000 2 Unclassified Excavation 33,056 C.Y. $ 9.00 $ 297,500 3 12-inch Lime Treated Subgrade 31,790 S.Y. $ 5.00 $ 158,950 4 Hydrated Lime @ 65#/S.Y. 1,033 Tons $ 115.00 $ 118,820 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 10,710 L.F. $ 2.00 $ 21,420 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 30,543 S.Y. $ 35.00 $ 1,069,005 7 Reinforced Concrete Driveways 300 S.Y. $ 40.00 $ 12,000 8 Side Street Concrete Transitions 400 S.Y. $ 42.00 $ 16,800 9 Finish Grade and Sodding(plus 10%outside ROW) 7,170 S.Y. $ 7.00 $ 50,190 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 5,667 S.Y. $ 34.00 $ 192,667 11 Handicap Ramps 8 Ea. $ 1,500.00 $ 12,000 Paving Improvements Subtotal: $ 2,153,352 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 710,606 13 Offsite Storm Drainage Improvements 400 L.F. $ 200.00 $ 80,000 Drainage Improvements Subtotal: $ 790,606 14 Landscaping&Irrigation Improvements 5,100 L.F. $ 50.00 $ 255,000 15 Street Lighting Improvements 5,100 L.F. $ 70.00 $ 357,000 Paving,Drainage and Aesthetics Improvements: $ 3,555,958 Miscellaneous Contingencies:_ 15% $ 533,394 Paving,Drainage and Aesthetics Improvements Subtotal: $ 4,089,351 Project Cost per Linear Foot: $ 801.83 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 314,000 Material Testing and Quality Control(Estimated): $ 66,000 Right-of-way Preparation(Estimated): $ 34,000 Subtotal,Professional Fees(Estimated): $ 414,000 Project Total: $ 4,503,351 USE (ROUNDED UP TO NEAREST$10,000): $ 4,510,000 Right-of-way Ac9uisition (100'x Length=11.7 Acres c�r $50,000/Acre): I $ 585,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\W9-Hensley BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project:Alanis Drive West Century Way to South Ballard Avenue By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST 'Item No.1 Description I Quantity I Unit I Price I Amount Project Description:A 6-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 5,500 L.F. Normal Width Each Side 37 B-B Expected Average Depth of Roadway Excavation 2.00 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 55 Sta. $ 4,000.00 $ 220,000 2 Unclassified Excavation 74,074 C.Y. $ 9.00 $ 666,667 3 12-inch Lime Treated Subgrade 47,667 S.Y. $ 5.00 $ 238,333 4 Hydrated Lime @ 65#/S.Y. 1,549 Tons $ 110.00 $ 170,408 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 20,832 L.F. $ 2.00 $ 41,664 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 44,860 S.Y. $ 34.00 $ 1,525,240 7 Reinforced Concrete Driveways 200 S.Y. $ 40.00 $ 8,000 8 Side Street Concrete Transitions 200 S.Y. $ 42.00 $ 8,400 9 Finish Grade and Sodding(plus 10%outside ROW) 21,813 S.Y. $ 7.00 $ 152,690 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 5,511 S.Y. $ 34.00 $ 187,378 11 Handicap Ramps 6 Ea. $ 1,500.00 $ 9,000 Paving Improvements Subtotal: $ 3,227,780 12 Underground Storm Drainage Improvements 30% of Paving Improvements $ 968,334 13 520'Bridge(51'Wide) 2 Ea. $1,200,000.00 $ 2,400,000 14 Offsite Storm Drainage Improvements 150 L.F. $ 200.00 $ 30,000 Drainage Improvements Subtotal: $ 3,398,334 15 Landscaping&Irrigation Improvements 4,980 L.F. $ 60.00 $ 298,800 16 Street Lighting Improvements 5,500 L.F. $ 80.00 $ 440,000 $ - Paving,Drainage and Aesthetics Improvements: $ 7,364,914 Miscellaneous Contingencies: 15% $ 1,104,737 Paving,Drainage and Aesthetics Improvements Subtotal: $ 8,469,652 Project Cost per Linear Foot: $ 1,539.94 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 644,000 Material Testing and Quality Control(Estimated): $ 130,000 Right-of-way Preparation(Estimated): $ 36,000 Subtotal,Professional Fees(Estimated): $ 810,000 Project Total: $ 9,279,652 USE (ROUNDED UP TO NEAREST$10,000): $ 9,280,000 Right-of-way Acquisition(Length-700 x 120'=13.2 Acres @$50,000/Acre: $ 660,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\EI-Alanis W BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project:Alanis Drive East Twin Lakes to FM 544 By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Jitem No.1 Description I Quantity I Unit I Price I Amount I Project Description:4-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 2,770 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.75 feet Lime Stabilized Subgrade Application Rate 8% by unit weight I Right-of-way Preparation 28 Sta. $ 4,000.00 $ 112,000 2 Unclassified Excavation 28,213 C.Y. $ 9.00 $ 253,917 3 12-inch Lime Treated Subgrade 18,282 S.Y. $ 5.00 $ 91,410 4 Hydrated Lime n 65#/S.Y. 594 Tons $ 115.00 $ 68,329 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 11,634 L.F. $ 2.00 $ 23,268 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 16,928 S.Y. $ 35.00 $ 592,480 7 Reinforced Concrete Driveways 300 S.Y. $ 40.00 $ 12,000 8 Side Street Concrete Transitions 600 S.Y. $ 42.00 $ 25,200 9 Finish Grade and Sodding(plus 10%outside ROW) 13,239 S.Y. $ 7.00 $ 92,672 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 3,078 S.Y. $ 34.00 $ 104,644 11 Handicap Ramps 10 Ea. $ 1,500.00 $ 15,000 Paving Improvements Subtotal: $ 1,390,920 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 459,004 13 Offsite Storm Drainage Improvements 290 L.F. $ 200.00 $ 58,000 14 Box Culverts with Headwalls 1 L.S $ 125,000.00 $ 125,000 Drainage Improvements Subtotal: $ 642,004 15 Landscaping&Irrigation Improvements 2,770 L.F. $ 60.00 $ 166,200 16 Street Lighting Improvements 2,770 L.F. $ 80.00 $ 221,600 $ - Paving,Drainage and Aesthetics Improvements: $ 2,420,724 Miscellaneous Contingencies: 15% $ 363,109 Paving,Drainage and Aesthetics Improvements Subtotal: $ 2,783,833 Project Cost per Linear Foot: $ 1,004.99 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 230,000 Material Testing and Quality Control(Estimated): $ 42,000 Right-of-way Preparation(Estimated): $ 20,000 Subtotal,Professional Fees(Estimated): $ 292,000 Project Total: $ 3,075,833 USE ROUNDED UP TO I III I:I Ifl Right-of-way Acquisition (Developer Donated): $ - J:\Clerical\Wylie\2007I26\Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E2-Alanis E BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project: Kirby Street SH 78 to Birmingham By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No.1 Description Quantity 1 Unit I Price Amount Project Description:4-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 1,500 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 3.00 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 15 Sta. $ 4,000.00 $ 60,000 2 Unclassified Excavation 15,000 C.Y. $ 10.00 $ 150,000 3 12-inch Lime Treated Subgrade 9,900 S.Y. $ 5.00 $ 49,500 4 Hydrated Lime @ 65#/S.Y. 322 Tons $ 115.00 $ 37,001 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 6,300 L.F. $ 2.00 $ 12,600 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 9,167 S.Y. $ 36.00 $ 330,012 7 Reinforced Concrete Driveways 500 S.Y. $ 40.00 $ 20,000 8 Side Street Concrete Transitions 1,000 S.Y. $ 42.00 $ 42,000 9 Finish Grade and Sodding(plus 10%outside ROW) 5,178 S.Y. $ 7.00 $ 36,244 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 1,667 S.Y. $ 34.00 $ 56,667 11 Handicap Ramps 20 Ea. $ 1,500.00 $ 30,000 Paving Improvements Subtotal: $ 824,024 12 Underground Storm Drainage Improvements 45% of Paving Improvements $ 370,811 13 Offsite Storm Drainage Improvements 300 L.F. $ 200.00 $ 60,000 $ - Drainage Improvements Subtotal: $ 430,811 14 Landscaping&Irrigation Improvements 1,500 L.F. $ 60.00 $ 90,000 15 Street Lighting Improvements 1,500 L.F. $ 80.00 $ 120,000 $ - Paving,Drainage and Aesthetics Improvements: $ 1,464,835 Miscellaneous Contingencies: 15% $ 219,725 Paving,Drainage and Aesthetics Improvements Subtotal: $ 1,684,561 Project Cost per Linear Foot: $ 1,123.04 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 150,000 Material Testing and Quality Control(Estimated): $ 24,000 Right-of-way Preparation(Estimated): $ 21,000 Subtotal,Professional Fees(Estimated): $ 195,000 Project Total: $ 1,879,561 USE (ROUNDED UP TO NEAREST$10,000): $ 1,880,000 Right-of-way Acquisition (50'x Length=1.7 Acres @$50,000/Acre): $ 85,000 1:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E3-Kirby BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project: Stone Road W(a) Birmingham to South Ballard Avenue By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST (Item No.I Description I Quantity I Unit I Price t Amount Project Description:4-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 900 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 3.00 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 9 Sta. $ 4,000.00 $ 36,000 2 Unclassified Excavation 9,000 C.Y. $ 9.00 $ 81,000 3 I2-inch Lime Treated Subgrade 5,940 S.Y. $ 5.00 $ 29,700 4 Hydrated Lime A 65#/$.Y. 193 Tons $ 115.00 $ 22,201 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 3,780 L.F. $ 2.00 $ 7,560 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 5,500 S.Y. $ 35.00 $ 192,500 7 Reinforced Concrete Driveways 450 S.Y. $ 40.00 $ 18,000 8 Side Street Concrete Transitions 500 S.Y. $ 42.00 $ 21,000 9 Finish Grade and Sodding(plus 10%outside ROW) 3,889 S.Y. $ 7.00 $ 27,222 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 1,000 S.Y. $ 34.00 $ 34,000 11 Handicap Ramps 10 Ea. $ 1,500.00 $ 15,000 Paving Improvements Subtotal: $ 484,183 12 Underground Storm Drainage Improvements 40% of Paving Improvements $ 193,673 13 Offsite Storm Drainage Improvements 125 L.F. $ 200.00 $ 25,000 $ - Drainage Improvements Subtotal: $ 218,673 14 Landscaping&Irrigation Improvements 900 L.F. $ 60.00 $ 54,000 15 Street Lighting Improvements 900 L.F. $ 80.00 $ 72,000 $ - Paving,Drainage and Aesthetics Improvements: $ 828,856 Miscellaneous Contingencies: 15% $ 124,328 Paving,Drainage and Aesthetics Improvements Subtotal: $ 953,185 Project Cost per Linear Foot: $ 1,059.09 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 102,000 Material Testing and Quality Control(Estimated): $ 17,000 Right-of-way Preparation(Estimated): $ 30,000 Subtotal,Professional Fees(Estimated): $ 149,000 Project Total: $ 1,102,185 USE (ROUNDED UP TO NEAREST$10,000): I I I I $ 1,102,000 -_Right-of-way Ac9uisition (20'x Lenjth=0.4 Acres $50,000/Acre: $ 20,000 I J\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E4-Stone W(a) BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project: Stone Road W(b) South Ballard Avenue to Akin Lane By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Iltem No.1 Description I Quantity I Unit I Price I Amount Project Description:4-lanes of a future 6-lane Divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 2,750 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 3.00 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 28 Sta. $ 4,000.00 $ 112,000 2 Unclassified Excavation 27,500 C.Y. $ 9.00 $ 247,500 3 12-inch Lime Treated Subgrade 18,150 S.Y. $ 5.00 $ 90,750 4 Hydrated Lime(cir 65#/S.Y. 590 Tons $ 115.00 $ 67,836 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 11,550 L.F. $ 2.00 $ 23,100 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 16,806 S.Y. $ 35.00 $ 588,210 7 Reinforced Concrete Driveways 270 S.Y. $ 40.00 $ 10,800 8 Side Street Concrete Transitions 800 S.Y. $ 42.00 $ 33,600 9 Finish Grade and Sodding(plus 10%outside ROW) 16,378 S.Y. $ 7.00 $ 114,644 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 3,056 S.Y. $ 34.00 $ 103,889 11 Handicap Ramps 16 Ea. $ 1,500.00 $ 24,000 Paving Improvements Subtotal: $ 1,416,329 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 467,389 13 Offsite Storm Drainage Improvements 50 L.F. $ 200.00 $ 10,000 $ - Drainage Improvements Subtotal: $ 477,389 14 Landscaping&Irrigation Improvements 2,750 L.F. $ 60.00 $ 165,000 15 Street Lighting Improvements 2,750 L.F. $ 80.00 $ 220,000 $ - Paving,Drainage and Aesthetics Improvements: $ 2,278,718 Miscellaneous Contingencies: 15% $ 341,808 Paving,Drainage and Aesthetics Improvements Subtotal: $ 2,620,525 Project Cost per Linear Foot: $ 952.92 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 240,000 Material Testing and Quality Control(Estimated): $ 44,000 Right-of-way Preparation(Estimated): $ 40,000 Subtotal,Professional Fees(Estimated): $ 324,000 Project Total: $ 2,944,525 USE (ROUNDED UP TO NEAREST$10,000): $ 2,950,000 1 Right-of-ww Acquisition (50'x Length_3.2 Acres @$50,000/Acre): $ 160,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E5-Stone W(b) BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project: South Ballard Avenue Alanis Drive to Stone Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. I Description I Quantity I Unit I Price I Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 3,700 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 37 Sta. $ 4,000.00 $ 148,000 2 Unclassified Excavation 34,259 C.Y. $ 9.00 $ 308,333 3 12-inch Lime Treated Subgrade 24,420 S.Y. $ 5.00 $ 122,100 4 Hydrated Lime A 65#/S.Y. 794 Tons $ 115.00 $ 91,270 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 15,540 L.F. $ 2.00 $ 31,080 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 22,611 S.Y. $ 35.00 $ 791,385 7 Reinforced Concrete Driveways 360 S.Y. $ 40.00 $ 14,400 8 Side Street Concrete Transitions 500 S.Y. $ 42.00 $ 21,000 9 Finish Grade and Sodding(plus 10%outside ROW) 26,689 S.Y. $ 7.00 $ 186,822 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 4,111 S.Y. $ 34.00 $ 139,778 11 Handicap Ramps 12 Ea. $ 1,500.00 $ 18,000 Paving Improvements Subtotal: $ 1,872,168 12 Underground Storm Drainage Improvements 33%of Paving Improvements $ 617,815 13 Offsite Storm Drainage Improvements 150 L.F. $ 200.00 $ 30,000 Drainage Improvements Subtotal: $ 647,815 14 Landscaping&Irrigation Improvements 3,700 L.F. $ 60.00 $ 222,000 15 Street Lighting Improvements 3,700 L.F. $ 80.00 $ 296,000 Paving,Drainage and Aesthetics Improvements: $ 3,037,984 Miscellaneous Contingencies: 15% $ 455,698 Paving,Drainage and Aesthetics Improvements Subtotal: $ 3,493,681 Project Cost per Linear Foot: $ 944.24 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 334,000 Material Testing and Quality Control(Estimated): $ 57,000 Right-of-way Preparation(Estimated): $ 42,000 Subtotal,Professional Fees(Estimated): $ 433,000 Project Total: $ 3,926,681 USE (ROUNDED UP TO NEAREST$10,000): I $ 3,930,000 Right-of-way Acquisition (50'x Length=4.2 Acres @$50,000/Acre): $ 210,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E6-S Ballard N BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project: South Ballard Avenue County Line to Alanis Drive By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. I Description Quantity I Unit I Price I Amount I Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 6,500 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 65 Sta. $ 4,000.00 $ 260,000 2 Unclassified Excavation 60,185 C.Y. $ 9.00 $ 541,667 3 12-inch Lime Treated Subgrade 42,900 S.Y. $ 5.00 $ 214,500 4 Hydrated Lime @ 65#/S.Y. 1,394 Tons $ 115.00 $ 160,339 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 27,300 L.F. $ 2.00 $ 54,600 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 39,722 S.Y. $ 35.00 $ 1,390,270 7 Reinforced Concrete Driveways 420 S.Y. $ 40.00 $ 16,800 8 Side Street Concrete Transitions 800 S.Y. $ 42.00 $ 33,600 9 Finish Grade and Sodding(plus 10%outside ROW) 47,533 S.Y. $ 7.00 $ 332,733 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 7,222 S.Y. $ 34.00 $ 245,556 11 Handicap Ramps 16 Ea. $ 1,500.00 $ 24,000 Paving Improvements Subtotal: $ 3,274,064 12 Underground Storm Drainage Improvements 33%of Paving Improvements $ 1,080,441 13 Multiple Box Culverts with Headwalls 1 L.S. $150,000.00 $ 150,000 14 Offsite Storm Drainage Improvements 250 L.F. $ 200.00 $ 50,000 Drainage Improvements Subtotal: $ 1,280,441 15 Landscaping&Irrigation Improvements 6,500 L.F. $ 60.00 $ 390,000 16 Street Lighting Improvements 6,500 L.F. $ 80.00 $ 520,000 Paving,Drainage and Aesthetics Improvements: $ 5,464,506 Miscellaneous Contingencies: 15% $ 819,676 Paving,Drainage and Aesthetics Improvements Subtotal: $ 6,284,181 Project Cost per Linear Foot: $ 966.80 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 553,000 Material Testing and Quality Control(Estimated): $ 100,000 Right-of-way Preparation(Estimated): $ 36,000 Subtotal,Professional Fees(Estimated):_ $ 689,000 Project Total: $ 6,973,181 USE (ROUNDED UP TO NEAREST$10,000): I $ 6,980,000 Right-of-way Acquisition (60'x Length=9.0 Acres @a $50,000/Acre): $ 450,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E7-S Ballard S BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 07-Jun-07 Project: Stone Road Paving and Drainage Improvements Akin Lane to County Line By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No. I Description I Quantity I Unit I Price I Amount Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 11,200 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8%by unit weight 1 Right-of-way Preparation 112 Sta. $ 4,000.00 $ 448,000 2 Unclassified Excavation 103,704 C.Y. $ 9.00 $ 933,333 3 12-inch Lime Treated Subgrade 73,920 S.Y. $ 5.00 $ 369,600 4 Hydrated Lime @ 65#/S.Y. 2,402 Tons $ 115.00 $ 276,276 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 47,040 L.F. $ 2.00 $ 94,080 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 68,444 S.Y. $ 35.00 $ 2,395,540 7 Reinforced Concrete Driveways 1,800 S.Y. $ 40.00 $ 72,000 8 Side Street Concrete Transitions 2,000 S.Y. $ 42.00 $ 84,000 9 Finish Grade and Sodding(plus 10%outside ROW) 82,522 S.Y. $ 7.00 $ 577,656 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 12,444 S.Y. $ 34.00 $ 423,111 11 Handicap Ramps 50 Ea. $ 1,500.00 $ 75,000 Paving Improvements Subtotal: $ 5,748,596 12 Underground Storm Drainage Improvements 33%of Paving Improvement• $ 1,897,037 13 Multiple Box Culverts with Headwalls 1 L.S. $350,000.00 $ 350,000 14 Offsite Storm Drainage Improvements 800 L.F. $ 200.00 $ 160,000 Drainage Improvements Subtotal: $ 2,407,037 15 Landscaping&Irrigation Improvements 11,200 L.F. $ 60.00 $ 672,000 16 Street Lighting Improvements 11,200 L.F. $ 80.00 $ 896,000 Paving,Drainage and Aesthetics Improvements: $ 9,723,633 Miscellaneous Contingencies: 15% $ 1,458,545 Paving,Drainage and Aesthetics Improvements Subtotal: $ 11,182,178 Project Cost per Linear Foot: $ 998.41 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 930,000 Material Testing and Quality Control(Estimated): $ 170,000 Right-of-way Preparation(Estimated): $ 45,000 Subtotal,Professional Fees(Estimated): $ 1,145,000 Project Total:_ $ 12,327,178 L [ USE (ROUNDED UP TO NEAREST$10,000): J $ 12,330,000 Right-of-way Acquisition (50'x Length=12.7 Acres A$50,000/Acre): $ 635,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\ES-Stone E BIRKHOFF, HENDRICKS & CONWAY, L.L.P. Project No. 2007126 CONSULTING ENGINEERS Client: City of Wylie Date: 08-Jun-07 Project:East Brown Street SH 78 to Stone Road By: JRC ENGINEER'S OPINION OF CONSTRUCTION COST Item No.1 Description I Quantity I Unit 1 Price Amount _ Project Description:4-lanes of a future 6-lane divided Thoroughfare,12-foot lanes,8-inch thick,reinforced concrete street with curbs and underground storm drainage Project Length 11,000 L.F. Normal Width Each Side 25 B-B Expected Average Depth of Roadway Excavation 2.50 feet Lime Stabilized Subgrade Application Rate 8% by unit weight 1 Right-of-way Preparation 110 Sta. $ 4,000.00 $ 440,000 2 Unclassified Excavation 99,537 C.Y. $ 9.00 $ 895,833 3 I2-inch Lime Treated Subgrade 70,950 S.Y. $ 5.00 $ 354,750 4 Hydrated Lime @ 65#/S.Y. 2,306 Tons $ 115.00 $ 265,176 5 6-inch Monolithic Concrete Curb(plus 5%for Median Openings) 45,150 L.F. $ 2.00 $ 90,300 6 8-inch Reinforced Concrete Pavement(plus 10%for Intersections) 65,694 S.Y. $ 35.00 $ 2,299,290 7 Reinforced Concrete Driveways 750 S.Y. $ 40.00 $ 30,000 8 Side Street Concrete Transitions 2,000 S.Y. $ 42.00 $ 84,000 9 Finish Grade and Sodding(plus 10%outside ROW) 66,156 S.Y. $ 7.00 $ 463,089 10 5-foot Wide Reinforced Concrete Sidewalk(both sides) 11,944 S.Y. $ 34.00 $ 406,111 11 Handicap Ramps 40 Ea. $ 1,500.00 $ 60,000 Paving Improvements Subtotal: $ 5,388,549 12 Underground Storm Drainage Improvements 33% of Paving Improvements $ 1,778,221 13 220'Bridge(51'Wide) 2 Ea. $ 517,000.00 $ 1,034,000 14 Multiple Box Culverts and Headwalls 2 L.S. $ 200,000.00 $ 400,000 15 Offsite Storm Drainage Improvements 600 L.F. $ 200.00 $ 120,000 Drainage Improvements Subtotal: $ 3,332,221 16 Landscaping&Irrigation Improvements 10,700 L.F. $ 60.00 $ 642,000 17 Street Lighting Improvements 11,000 L.F. $ 80.00 $ 880,000 Paving,Drainage and Aesthetics and Signal Improvements: $ 10,242,770 Miscellaneous Contingencies: 15% $ 1,536,416 Paving,Drainage and Aesthetics and Signal Improvements Subtotal: $ 11,779,186 Project Cost per Linear Foot: $ 1,070.84 Engineering,Surveying&Geotechnical Investigation(Estimated): $ 980,000 Material Testing and Quality Control(Estimated): $ 172,000 Right-of-way Preparation(Estimated): $ 68,000 Subtotal,Professional Fees(Estimated): $ 1,220,000 Proiect Total: $ 12,999,186 USE (ROUNDED UP TO NEAREST$10,000): I I I $ 13,000,000 Right-of-wax Acquisition (40'x Len: =10.1 Acres $50,000/Acre : NM $ 505,000 J:\Clerical\Wylie\2007126 Roadway CIP\Eng-Estimates\Conceptual Budgets.xls\E9-E Brown Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2007 Item Number: 6 (City Secretary's Use Only) Department: City Secretary Prepared By: City Secretary Office Account Code: Date Prepared: June 14, 2007 Budgeted Amount: Exhibits: 4 Subject Consider, and act upon, the recommendations of the 2007 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, North Texas Municipal Water District, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for those whose terms expire in July of 2007 and appointment of a representative and an alternate to the Southeast Collin County Emergency Medical Services Coalition. Recommendation Motion to accept the recommendations of the 2007 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, North Texas Municipal Water District, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for those whose terms expire in July of 2007 and appointment of a representative and an alternate to the Southeast Collin County Emergency Medical Services Coalition. Discussion Article 8, Section 1A of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. The City Council has prescribed the purpose, composition, function, duties, accountability and the tenure of each board, commission and committee. The City Secretary's Office began an active campaign to solicit for Board and Commission applications by utilizing the Wylie News, eWylie, all municipal facilities and current board and commission members. We also utilized the City's Website by offering application submittal on-line. An interview panel, consisting of three council members, was used to conduct interviews of all applicants. All applicants were personally contacted to schedule an informal meeting, in open session, with the Boards and Commission Council Interview Panel. Council members appointed by the City Council for 2007 were: Councilman Carter Porter, Councilman Merrill Young, and Councilman David Goss. Mayor Pro Tem Red Byboth was an alternate. The applicants consisted of 16 new applicants and 17 current members seeking Page 1 of 2 reappointment. The Panel met with applicants on Thursday, June 7, 2007, Monday, June 11, 2007 and Thursday, June 14, 2007. The Council feels that the entire process is helpful to them in making appointments and offers an opportunity to understand some of the visions the applicants have for the community. The 2007 Boards and Commission Council Interview Panel has attached their recommendations for Council consideration and action. Also, the Boards and Commission Council Interview Panel has made a recommendation for a representative and alternate to the Southeast Collin County Emergency Medical Services Coalition. Previously, Eric Hogue and Reta Allen were the representatives with City Manager Biff Johnson as the alternate for the City of Wylie. The Southeast Collin County Emergency Medical Services Coalition members constitute Collin County, City of Parker, City of Lucas, Town of St. Paul, City of Murphy, City of Lavon and City of Wylie. The objective of the Coalition is to create a union of participating members for the purpose of contracting and/or providing for regional emergency medical services to the participating government entities. Per the Coalition Constitution and Bylaws, there are no term limits for its members. Approved By Initial Date Department Director CE 06/15/07 City Manager /1/14 b 4111 /0') Board & Commission Applicants Interviewed/Considered for Appointment /Reappointment 2007 Thursday, June 7, 2007 Monday, June 11, 2007 Thursday, June 14, 2007 Sam Satterwhite - WEDC Robert Diaz — Parks/Rec Linda Jourdan— ZBOA Lt. Atkison —Animal Shelter Kevin Finnell — P&Z Ken Qualls — Animal Shelter J Johnny Bray - Construction Brandi LaFleur — Parks/Rec Frankie Delgado— Parks/Rec Rachel Orozco - LibraryShirleyurnett— Lib./4B Joe Murphy —u) Y rP Y — Library Renae 011ie- P&Z/ZBOA Dan Chesnut— Parks/Rec Tim Bennett— P&Z David James — Library Marvin Fuller - WEDC Zachary Herrera Anne Hiney— Parks/Rec 4B Mitch Herzog - WEDC Kathyrn Welp Karyn McGinnis — ZBOA (Alt) Willie Osborn— ZBOA (Alt) John Manganilla Frank Spingola — Construction Jim Griffin Robert Wieneke Patsy Robertson — Public Arts William Baumbach Bryan Rogers Robert Thurmond Jr. Ashley Burt David Tillery Ruthie Wright Ramona Kopchenko Eric LeJeune Phillip Johnston Lymari Ames Lisa Palomba 13 14 12 Overall Total: 39 (includes Board Liaison and applicants that asked to be considered without an interview) (Listing do not include applicants that were scheduled but did not appear—3) Board Liaison Board Member seeking reappointment 2007 BOARD AND COMMISSION COUNCIL INTERVIEW PANEL RECOMMENDATION CHART ANIMAL SHELTER ADVISORY BOARD This board must have 4 qualified members: 1 licensed veterinarian, 1 animal shelter employee, 1 county or municipal 2007-2008 Boards and Commission official, 1 representative from an animal welfare organization,and 1 City of Wylie resident. Seeking Applicant(s) Selected by Recommendations Current Board Members Expiring Terms (2) Reappt. (1) Selection/Review Panel Chuck Kerin Chuck Kerin Licensed Veterinarian Diane Culver Diane Culver Resident of the City Ken Qualls Ken Qualls Yes Ken Qualls Ken Qualls Animal Shelter Employee Heather Screws Animal Welfare Heather Screws Representative Carter Porter County Or Municipal Earl Newsom Earl Newsom No Carter Porter Official CONSTRUCTION CODE BOARD 2007-2008 Boards and Commission Current Board Members I Expiring Terms (4) Seeking Applicant(s) Selected by Recommendations Reappt.(2?) Selection/Review Panel Ronald Hauck Ronald Hauck Current Member Elvia Clark Elvia Clark Current Member Jim Chaney Jim Chaney Current Member Scott Henry Scott Henry No Bryan Rogers Bryan Rogers New Member Eric Brown Chad Tittle No Lisa Palomba Lisa Palomba New Member Steve Repasky Steve Repasky Unknown Zachary Herrera Zachary Herrera New Member Frank Spingola Frank Spingola Yes Frank Spingola Frank Spingola Re-appointed LIBRARY BOARD 2007-2008 Boards and Commission Current Board Members I Expiring Terms (4) Seeking Applicant(s) Selected by Recommendations Reappt. (3) Selection/Review Panel Sandra Williams Sandra Williams No Robert Wieneke Robert Wieneke New Member Lucy Shriver Lucy Shriver Current Member Shirley Burnett Shirley Burnett Yes Shirley Burnett Shirley Burnett Re-appointed Grace Morrison Grace Morrison Current Member David James David James Yes David James David James Re-appointed Junaid Najamuddin Junaid Najamuddin Current Member Joe Murphy Joe Murphy Yes James Griffin James Griffin New Member 1 2007 BOARD AND COMMISSION COUNCIL INTERVIEW PANEL RECOMMENDATION CHART PARKS & RECREATION BOARD I 2007-2008 Boards and Commission Current Board Members Expiring Terms (3) Seeking Applicant(s) Selected by Recommendations Reappt. (3) Selection/Review Panel Donna Larson Donna Larson Current Member Daniel Chesnut Daniel Chesnut Yes Daniel Chesnut Daniel Chesnut Re-appointed Brandi Lafleur Brandi Lafleur Yes Brandi Lafleur Brandi Lafleur Re-appointed Anne Hiney Anne Hiney Current Member Frankie Delgado Frankie Delgado Yes Frankie Delgado Frankie Delgado Re-appointed Benny Jones Benny Jones Current Member David Willey David Willey Current Member PARKS&RECREATION 4B BOARD 2007-2008 Boards and Commission Current Board Members J Expiring Terms (4) I Seeking Applicant(s) Selected by Recommendations Reappt. (3) Selection/Review Panel Shirley Burnett Shirley Burnett Yes Shirley Burnett Shirley Burnett Re-appointed Dan Chestnut Dan Chesnut Yes Dan Chesnut Dan Chesnut Re-appointed Anne Hiney Anne Hiney Yes Anne Hiney Anne Hiney Re-appointed Eric Hogue Vacant David Goss David Goss New Member John Mondy John Mondy Current Member Merrill Young Merrill Young Current Member Rick White Rick White Current Member PLANNING &ZONING BOARD 2007-2008 Boards and Commission Current Board Members I Expiring Terms (3) (1) Seeking Applicant(s) Selected by Recommendations Vacancy Reappt. (2) Selection/Review Panel Scott Ames Scott Ames Current Member Kevin Finnell Kevin Finnell Yes Ruthie Wright Ruthie Wright New Member Expiring Term - Ramona Jamie Gregg Resigned -Vacant Ramona Kopchenko Kopchenko New Member John Onufreiczuk John Onutreczuk Current Member David Goss Vacant Phillip Johnston Phillip Johnston New Member Tim Bennett Tim Bennett Yes Tim Bennett Tim Bennett Re-appointed Dennis Larson Dennis Larson Current Member 2 2007 BOARD AND COMMISSION COUNCIL INTERVIEW PANEL RECOMMENDATION CHART PUBLIC ARTS ADVISORY BOARD Applicant(s) Selected by Seeking2007-2008 Boards and Commission Current Board Members I Expiring Terms (3) ( Recommendations Reappt. (1) Selection/Review Panel Barbara Marks Barbara Marks NO-Changed Mind Ashley Burt Ashley Burt New Member Patsy Robertson Patsy Robertson Yes Patsy Robertson Patsy Robertson Re-appointed Larry Clark Larry Clark No Kathryn Welp Kathryn Welp New Member Polly Harrison Polly Harrison Current Member Kathy Spillyards Kathy Spillyards Current Member Stewart Matthews Stewart Matthews Current Member Warner Washington Warner Washington Current Member WYLIE ECONOMIC DEVELOPMENT CORPORATION 2007-2008 Boards and Commission Current Board Members Expiring Terms (2) I Seeking Applicant(s) Selected by Recommendations Reappt. (2) Selection/Review Panel Mitch Herzog Mitch Herzog Yes Mitch Herzog Mitch Herzog Re-appointed Marvin Fuller Marvin Fuller Yes Marvin Fuller Marvin Fuller Re-appointed Chris Seely Chris Seely Current Member John Yeager John Yeager Current Member Merrill Young Merrill Young Current Member ZONING BOARD OF ADJUSTMENTS 2007-2008 Boards and Commission Current Board Members I Expiring Terms (3) I Seeking Applicant(s) Selected by Recommendations and (1) Vacancy Reappt. (3) Selection/Review Panel Willie Osborn (Alt) Willie Osborn Yes Willie Osborn (alt) Willie Osborn (alt) Re-appointed William Karyn McGinnis (Alt) Karyn McGinnis Yes William Baumbach (alt) Baumbach (alt) New Member Linda Jourdan Linda Jourdan Yes Linda Jourdan Linda Jourdan 7 Re-appointed Marilyn Herrera Marilyn Herrera Current Member Layne LeBaron Layne LeBaron 7 Current Member Thomas Young Resigned -Vacant Karyn McGinnis Karyn McGinnis New Member Jeff Ellis Jeff Ellis p Current Member NORTH TEXAS MUNICIPAL WATER DISTRICT 2007-2008 Boards and Commission I Current Board Members Expiring Terms (1) I Seeking Applicant(s) Selected by Recommendations and (1)Vacancy Reappt. (1) Selection/Review Panel Marvin Fuller Marvin Fuller Yes Marvin Fuller Marvin Fuller Re-appointed Robert Vacant Vacant Robert Thurmond Jr. Thurmond Jr. New Member I- 3 2007 BOARD AND COMMISSION COUNCIL INTERVIEW PANEL RECOMMENDATION CHART SOUTHEAST COLLIN COUNTY EMERGENCY MEDICAL SERVICES COALITION 2007-2008 Boards and Commission Current Board Members Vacancy I Seeking Applicant(s) Selected by Recommendations Reappt. (0) Selection/Review Panel Eric Hogue Vacant No Rick White Rick White New Member Vacant Vacant (Alt) Merrill Young (alternate) Merrill Young New Member 4 CITY OF WYLIE 2006-200 = •ARD AND COM ION 'J =ER 111 �q �i I��;� CURRENT TERM PLAC NAME IIF!/l\ 4 -, ■�R� PH' ''ii/ I O , I -, lid ,_ h � .aM APPT. EXPIRES Allowed to A-AL SHELTER ADVISORY BOA' - Y eslNo Staff Liaison-Lt.Mike Atkison- 972/442-8183 1 Chuck Kerin 707 Parker Rd. 972/442-7236 972/442-6513 ckerin@verizon.net 7/04 7/06 7/08 No 2 Diane Culver 2918 Jamestown 972/429-3805 214/981-6225 jcul@peoplepc.com 7/06 7/06 7/08 No 3 Ken Qualls 2000 Highway 78 N. 972/442/5268 ken.qualls@wylietexas.gov 1/06 7/06 7/07 Yes 4 Earl Newsom 619 Stoneybrook Dr. 972/442-7133 214/802-3960 earl.newsom@wylietexas.gov 7/04 7/06 7/07 No 5 Heather Screws 1001 S. Hwy 78 Lot 102 972/442-9542 heathers123@verizon.net 1/06 7/06 7/08 No CONSTRUCTION CODE BOARD Staff Liaison-Building Director,Johnny Bray 972/442-8151 1 Ronald Hauck 1205 Summerdale Ln 972/461-2514 daronone@verizon.net 7/06 7/06 7/08 No 2 Elvia Clark 807 Glen Lakes Ct 214/474-1844 elviahclark@hotmail.com 7/06 7/06 7/08 Yes 3 Jim Chaney P.O. Box 114 972/442-7303 214/455-3314 jdogg326@verizon.net 7/04 7/06 7/08 No 4 Scott Henry 616 Odenville Drive 972/989-7466 bmh901@verizon.net 7/05 7/05 7/07 Yes 5 Chad Tittle 2935 Glendale 972/978-4943 ctittle@verizon.net 10/06 7/05 7/07 No 6 Steve Repasky 316 S. Fourth Street 972/442-4301 srepasky@tcco.com 7/05 7/05 7/07 No 7 Frank Spingola 508 Rustic Place 972/442-6909 214/384-5925 fmspingola@aol.com 7/05 7/05 7/07 No LIBRARY BOARD Staff Liaison-Library Director,Rachel Orozco 972/442-7566 1 Sandra Williams 1418 Eastedge Drive 972/941-8895 skwilliams@verizon.net 7/05 7/05 7/07 No 2 Lucy Shriver 572 John Ross 972/442-0361 469/556-0549 c conceptions@verizon.net 7/06 7/06 7/08 No 3 Shirley Burnett 327 S. Fourth Street 972/442-5767 shirley426@aol.com 7/05 7/05 7/07 Yes 4 David James 108 N. Rustic Trail 972/429-6086 972/429-4689 wyliedave@gmail.com 7/05 7/05 7/07 No 5 Grace Morrison 118 Glen Knoll 972/442-1689 gracem4@verizon.net 7/06 7/08 Yes 6 Junaid Najamuddin 212 Palmdale Drive 972/442-9733 214/207-8535 jnajamuddin@yahoo.com 9/05 7/06 7/08 No 7 Joe Murphy 1704 Lincoln 972/442-2119 469/893-6812 jmrn1704@verizonmail.com 7/05 7/05 7/07 Unknown PARKS AND RECREATION BOARD Staff Liaison-Asst.Parks Director,Robert Diaz 972/442-8197 1 Donna Larson 345 Donna Drive 972/442-6424 972/442-2111 graphics@wylieprinting.com 7/06 7/06 7/08 No 2 _Daniel Chesnut 200 Picadilly Circle 972/442-1375 972/941-2145 aggienuts@msn.com 7/05 7/05 7/07 No 3 Brandi Lafleur 3507 Viburnum Drive 214/474-2343 tklafleur@msn.com 7/05 7/05 7/07 No 4 Anne Hiney 301N. Cottonbelt Ave 972/442-0370 972/672-4133 anne hiney@mac.com 7/06 7/08 No 5 Frankie Delgado 1011 Meandering Way 214/474-1000 972/479-6594 fvdelgado@comcast.net 2/06 7/05 7/07 No 6 Benny Jones 2002 Waterfall Way 972/461-2740 bennyjones2@yahoo.com 7/05 7/06 7/08 No 7 David Willey 706 Nickelville 972/442-9127 972/562-0670 DwandDAWilley@aol.com 7/02 7/06 7/08 No PARKS AND RECREATION 4B BOARD 1 Shirley Burnett 327 S. Fourth Street 972/442-5767 shirley426@aol.com 7/05 7/05 7/07 Yes 2 Dan Chesnut 200 Picadilly Circle 972/442-0103 972/941-2145 aggienuts@aol.com 7/05 7/05 7/07 No 3 Anne Hiney 301 N.Cottonbelt Ave. 972/442-0370 972/672-4133 anne hiney@mac.com 7/05 7/05 7/07 No 4 7/05 7/05 7/07 5 John Mondy 114 Douglas 972/442-3882 972/578-2039 mayor@wylietexas.gov 7/04 7/06 7/08 Unknown 6 Merrill Young 200 Westgate Way 972/442-7916 972/849-1354 merrill.young@wylietexas.gov 7/05 7/06 7/08 No 7 Rick White 814 Forest Edge Lane 972/429-0317 972/429/5745 rick.white@wylietexas.gov 7/05 7/06 7/08 No CITY OF WYLIE 2006-2007 BOARD AND COMMISSION MEMBERS PLAC NAME S .ems "+ _ . pH . ,:_ • " G • . I CURRENT I TERM Allowed to J. 4 APPT. EXPIRES Public ANNI LT' • 'G - V - Yes/No Staff Liaison-Planning Director,Renae 011ie 972/442-8157 1 Scott Ames 1406 Anchor Drive 972/442-0858 972/684-0597 _ scooter@nortelnetworks.com 3/05 7/06 7/08 No 2 Kevin Finnell 506 West Oak 214/914-6770 214/914-6770 rell@foresters.biz or kevinfAiplide 12/06 7/05 7/07 Yes 3 vacarn 7/05 7/05 7/07 4 John Onufreiczuk 3103 Bryce Drive 469/878-2262 214/706-6500 jonufreiczuk©yahoo.com 7/06 7/06 7/08 5 Dennis Larson 345 Donna Dr. 972/442-6424 214/476-7939 denlars@verizon.net 7/04 7/06 7/08 6 7/06 7/06 7/08 7 Tim Bennett 601 Parker Road 972/429-3993 timbennett2@verizon.net 7/07 7/06 7/07 PUBLIC ARTS ADVISORY BOARD Staff Liaison-City Manager,Mindy Manson 1 Barbara Marks 906 Easter Drive 972/442-1739 903/457-4986 barbara.j.marks@I-3com.com 8/06 8/06 7/07 Unknown 2 Patsy Robertson 517 Dogwood Drive 972/442-5720 8/06 8/06 7/07 Unknown 3 Larry Clark 807 Glen Lakes Court 214/474-1844 972/284-4157 Iarry.clark@sypris.com 8/06 8/06 7/07 Yes 4 Polly Harrison 3102 Candlebrook Dr 214/474-1355 pollyharrison@grandecom.net 8/06 8/06 7/08 Unknown 5 Kathy Spillyards 301 N. Jackson Ave. 214/274-1261 972/442-0228 kathyspillyards@earthlink.net 8/06 8/06 7/08 Yes 6 Stewart Matthews 3010 Elderberry Drive 972/575-8554 972/398-6666 productslawyer@aol.com 8/06 8/06 7/08 No 7 Warner Washington 621 Stoneybrook Drive 972/442-0282 warnergerri@msn.com 8/06 8/06 7/08 Unknown WYLIE ECONOMIC DEVELOPMENT CORPORATION BOARD _ Staff Liaison-WEDC Executive Director,Sam Satterwhite 972/442-7901 Mitch Herzog 802 Forest Edge Lane 972/442-2649 herzogmitch@yahoo.com 4/06 7/04 7/07 No 2 Marvin Fuller 355 Donna Drive 972/442-6565 214/908-5515 marvin.fuller@inwoodbank.com 7/04 7/07 No 3 Chris Seely 1415 Quail Meadow 972/567-6636 972/205-0505 chris.seely@adams-engineering.com _ 3/07 7/06 7/09 Unknown 4 John Yeager P.O. Box 40 972/442-3123 972/442-3505 john@wylieinsurance.com 7/06 7/09 No 5 Merrill Young 200 Westgate Way 972/442-7916 merrill.young@wylietexas.gov 7/06 7/09 No ZONING BOARD OF ADJUSTMENTS Staff Liaison-Planning Director,Renae 011ie 972/442-8157 1-Alt Willie Osborne 1007 Chilton Drive 972/575/8560 willieosborne@msn.com 8/06 7/05 7/07 Yes 2-Alt Karyn McGinnis 803 Bayou Ct. 214/796-5216 972/442-1277 karynmcginnis@yahoo.com 8/06 7/06 7/07 Unknown 1 Linda Jourdan 423 Gaston/POBox 894 972/442-1746 lindaj@gucl.com or Ijourdan@gmail.corn 7/05 7/05 7/07 No 2 Marilyn Herrera 503 Dogwood 972/442-1688 none 7/06 7/08 No 3 Layne LeBaron 224 Rush Creek 972/442-5867 214/536-7725 Ikew@gte.net 7/01 7/06 7/08 No 4 Vacant 7/06 7/06 7/08 5 Jeff Ellis 400 Vickie Lane 972/442-0615 972/814-1595 jeffery.ellisRgmail.com 1/05 7/06 7/08 No NORTH TEXAS MUNICIPAL WATER DISTRICT BOARD Jim Parks,Executive Director,NTMWD 1 avant 7/05 7/05 7/07 2 Marvin Fuller __ 355 Donna Drive 972/442-6565 214/908-5515 marvin.fuller@inwoodbank.com 7/04 7/06 7/08 Please contact the City Secretary's Office with any revisions to this list. Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: 06-26-07 Item Number: 7 Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 06-18-07 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2007-18(R) authorizing the Mayor Pro Tern to execute a Promissory Note, in the amount of$155,000.00, and all documentation necessary to effectuate the Note between the City of Wylie and Wylie Economic Development Corporation. Recommendation Approve Resolution No. 2007-18(R) authorizing the Mayor Pro Tern to execute a Promissory Note, in the amount of$155,000.00, and all documentation necessary to effectuate the Note between the City of Wylie and Wylie Economic Development Corporation. Discussion The Wylie Economic Development Corporation (WEDC) is under contract to purchase ±3.2 acres from Global Innovation, Inc. (formerly Lone Star Circuits). The purchase price for the tract is $155,000. In an effort to reduce the interest expense and fees required via conventional financing and preserve the WEDC's present cash position, the WEDC is requesting that the City of Wylie enter into a Promissory Note (as attached) for 100% of the purchase price. The terms being proposed are 24 months with an interest rate of 5.2%. As contemplated by Larry Williamson, Director of Finance, $155,000 can be advanced to the WEDC out of the General Fund. The proposed interest rate is equal to that which the City would earn on a short-term certificate of deposit or within its Texpool investment accounts. Under this scenario, the City would not be forgoing interest earnings which it would otherwise earn. Annual payments by the WEDC will equal $81,767.52 with $8,534.97 paid in interest over the life of the note. Approved By Initial Date Department Director SS 6/18/,07 City Manager l l) ' a l b( a/ r07 Page 1 of 1 RESOLUTION NO. 2007-18(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE MAYOR PRO TEM TO EXECUTE A PROMISSORY NOTE AND ALL DOCUMENTATION NECESSARY TO EFFECTUATE THE NOTE BETWEEN THE CITY OF WYLIE, TEXAS AND WYLIE ECONOMIC DEVELOPMENT CORPORATION (WEDC). WHEREAS, the City Council of the City of Wylie, Texas has determined that it will be beneficial and advantageous to the city for the Wylie Economic Development Corporation to have the necessary means and capability to purchase property located within the city limits; and, WHEREAS, the Wylie Economic Development Corporation (WEDC) has deemed it beneficial to purchase property from Global Innovation, Inc. (formerly Lone Star Circuits); and, WHEREAS, in order to reduce interest expense and fees and preserve the Wylie Economic Development Corporation's present cash position, it has been deemed advantageous to enter into a promissory note for the amount of the property purchase; and, WHEREAS, the Wylie Economic Development Corporation has requested that such promissory note be executed between the City of Wylie and the Wylie Economic Development Corporation (WEDC) in the amount of $155,000.00 for a term of twenty-four months at a interest rate of 5.2%; and, WHEREAS, the Wylie Economic Development Corporation agrees to the terms of payment to the City of Wylie of principal and interest of the amount of the promissory note thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: That the Mayor of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a Promissory Note between the City of Wylie, Texas, and the Wylie Economic Development Corporation for the advancement of funds for the purchase of property from Global Innovation, Inc. Resolution 2007-18(R) Promissory Note for WEDC Purchase of Property DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 26th day of June, 2007. M. G. BYBOTH, Mayor Pro Tern ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2007-18(R) Promissory Note for WEDC Purchase of Property PROMISSORY NOTE Date: June 27, 2007 Maker: Wylie Economic Development Corporation, a Texas Corporation Makers Address: 108-C West Marble Wylie, Texas 75098 Payee: City of Wylie Place of Payment: 2000 Highway 78 North Wylie, Texas 75098 Principal Amount: One Hundred Fifty Five Thousand and 00/100 Dollars ($155,000) Annual Interest Rate Paid on Unpaid Balance: 5.20% Terms of Payments: principal and interest being due on the 27th day of each month in consecutive installments in the amount of$6,813.96, the first such installment being due on July 27, 2007, and, if not sooner paid, all principal and interest being due on June 27, 2009. Maker promises to pay to the order of Payee at the place for payment and according to the terms of payment the principal amount plus interest at the rates stated above. All unpaid amounts shall be due by the final scheduled payment date. If Maker defaults in the payment of this note or in the performance of any obligation in any instrument securing or collateral to it, and default continues after Payee gives Maker notice of the default and the time which it must be cured, as may be required by law or by written agreement, then Payee may either declare the unpaid principal balance and earned interest on this note immediately due or the Payee has the right of intercept on the sale taxes remitted by the state to the WEDC. The intercept will be accomplished by an internal transfer from the WEDC sales tax revenue account to the General Fund of the payee. Maker waives all demands for payment, presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity, protests, and notices of protest, to the extent permitted by law. Interest on the debt evidenced by this not shall not exceed the maximum amount of non usurious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be cancelled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of Page 1 of 2 the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt. The Maker is responsible for all obligations represented by this note. When the context requires, singular nouns and pronouns include the plural. City of Wylie, Texas By: M. G. Byboth,Mayor Pro Tern Wylie Economic Development Corporation A Texas Corporation By: Marvin Fuller, President Page 2 of 2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: June 26, 2007 Item Number: 1 - ES Department: Public Services (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: Date Prepared: June 18, 2007 Budgeted Amount: Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2007-19(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of improvements for Olde City Park. Recommendation Motion to approve Resolution No. 2007-19(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of improvements for Olde City Park. Discussion The 2003 Collin County Bond election established a pool of funding for park and open space development in Collin County. The County took the approach of establishing a matching grant system as the means of distributing the funding throughout the County. The grant is set up as a 50-50, dollar-for-dollar, reimbursement program. Staff received notice in March 2007 that the County was accepting grant applications for the development, expansion or improvement of parks and open space. Applications must be submitted to the County by July 9, 2007, and awards for successful applications will be made by the County in October 2007. The sponsoring entity must approve a resolution authorizing the project application submittal and designation of a project official. At a February 2007 Park Board retreat, the Park Board identified this proposed project as a high priority and recommended that staff submit an application for consideration in the 2007 Collin County Park and Open Space Grant program. This project proposes to enlarge and improve the existing park for the citizens, to preserve the park's existing border from commercial development occurring along State Highway 78, and to create an aesthetically pleasing entrance into the downtown area. Proposed improvements include the installation of underground drainage, a 25 space lighted parking lot on the north side of the park near Jackson Street, restrooms, concrete sidewalks, landscaping, irrigation, benches, tables, etc. It is anticipated that the City's matching fund commitment for this project will be approximately$330,000. The proposed source of funding is the Central Zone of the Park Acquisition and Improvement (A&I) fund. By the end of the current fiscal year, staff estimates that there will be approximately $186,000 in this line item. These Page 1 of 2 Page 2 of 2 funds would allow initiation of the project. By June 2008, staff anticipates receipt of an additional $300,000 into the A&I Central Zone upon payment of parkland fees associated with Alanis Crossing. Alternatively, Council may authorize staff to borrow funds, if available, from the East and West Zones of the A&I fund and to repay those Zones upon receipt of funds into the Central Zone. Approved By Initial Date Department Director MS 6/18/07 City Manager / Wt 6 lab /o7 RESOLUTION NO. 2007-19(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE APPLICATION TO COLLIN COUNTY FOR GRANT FUNDING FOR THE IMPROVEMENT OF OLDE CITY PARK AND DESIGNATING A PROJECT OFFICIAL. WHEREAS, Collin County is accepting grant applications for the development, expansion, or improvement of parks in Collin County, utilizing Open Space Program bond funds; and WHEREAS, the City of Wylie wishes to make improvements to Olde City Park; and WHEREAS, the City of Wylie wishes to designate a project official for the purposes of working with Collin County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City of Wylie hereby certifies that the matching share for this application is readily available at this time. SECTION 2: That the City of Wylie hereby authorizes and directs its City Manager or his designee to act as the Applicant in working with Collin County for the purposes of the grant funding. DULY PASS AND APPROVED by the affirmation vote of the Wylie City Council on this 26th day of June 2007. M. G. Byboth, Mayor Pro Tern ATTEST: Carole Ehrlich, City Secretary Resolution No. 2007-19(R) Application to Collin County Grant Funding—Olde City Park