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03-25-2014 (City Council) Agenda Packet 7 Wylie City Council CITY OF E NOTICE OF MEETING Regular Meeting Agenda March 25, 2014- 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Rick White Mayor pro tern Keith Stephens Place 1 NathanScott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 Diane Culver 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 website: www,w lietexas, g ov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Eagle Scout Presentation to: Kosin Outha-Aphay Nathan Porter • Presentation—Community Waste Disposal Annual Report 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. March 25,2014 Wylie City Council Regular Meeting Agenda Page 2 of 3 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 the Minutes of the March 11, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for February 28, 2014. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for February 28, 2014. (L. Bantz, Finance Director) D. Consider, and act upon, approval of a Preliminary Plat for Inspiration, Phase 1 & 2 consisting of 19.656 acres to establish single family residential lots for a master planned development within Wylie's ETJ, generally located north of Parker Road (F.M. 2414) and east of Aztec Trail. (R. 011ie, P & Z Director) E. Consider, and act upon, Ordinance No. 2014-11 amending Wylie's Code of Ordinances No. 2005-52, Chapter 2 (Administration), Article V (Finance), Division 5 (Donation of Public Funds to Not-for-Profit Organizations), Sections 2-161 (Purpose of Division), 2-162 (Procedures), 2-163 (Eligibility Criteria), 2-165 (Accountability) and 2-166 (Request for Public Funds form); providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Manson, City Manager) F. Consider, and act upon, approval of Change Order #1 and final acceptance of the State Highway 78 Water Distribution Line to Wilson Contractor Services, LLC and authorize final payment in the amount of $124,715.57 and accept the project as complete. (C. Hoisted, City Engineer) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing, and consider, and act upon, approval of a Replat for Woodbridge Crossing, Block A, Lots 11R & 12R, adjusting the boundary (property lines) for two commercial lots on 2.1456 acres, generally located south of F.M. 544 and approximately 735 feet west of Springwell Parkway. (R. 011ie, P & Z Director) Executive Summary The purpose for the Replat is to realign property boundaries of the two lots to accommodate the development of Lot 11R. The western boundary of Lot 11R shall shift to the east. 2. Conduct the Vt Public Hearing for the annexation of approximately 62 acres of land situated in the Francisco De La Pina Survey, Abstract No. A0688, Collin County, Texas, generally located west of E. Stone Road and approximately 1,600 feet south of Brown Street. 2014-01A (R. 011ie, P &Z Director) Executive Summary This annexation is at the request of property owners of three tracts of land. The subject tracts are contiguous to existing city limits on the western side,while properties to the north, south and east are within unincorporated Collin County. March 25,2014 Wylie City Council Regular Meeting Agenda Page 3 of 3 3. Conduct the 1st Public Hearing for the annexation of approximately 6.210 acres of land situated in the Lewis M. Marshall Survey, Abstract No. 594 and the William Patterson Survey, Abstract No. 716, which is contiguous and adjacent to the City of Wylie, in Collin County, Texas, generally located south of Parker Road, east of the City of Parker boundary and west of Rita Smith Elementary School. 2014-02A (R. 011ie, P &Z Director) Executive Summary This annexation is at the request of property owners of a single open space tract of land. The subject tract is contiguous to existing city limits on the northern,eastern,and southern sides,while properties to the west are within the city limits of Parker. 4. Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District (NTMWD) Board to fill an expired term and begin the new term of June 1, 2014 to May 31, 2016. (C. Ehrlich, City Secretary) Executive Summary The Board of Directors of the North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member Cities for assuring that NTMWD operations occur in accordance with state and federal law, in alignment with NTMWD policy, and in the best interests of the Cities receiving services. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Discuss and provide direction regarding a proposed Code of Ethics for Council members and Board members, and a proposed amendment to the Council Rules of Procedures for a Travel Policy. (Mayor Hogue & Councilwoman Culver) • Discuss and provide direction regarding a possible amendment to the Code of Ordinances as it pertains to no smoking regulations. (Councilman Scott & Councilman Wintters) RECONVENE INTO REGULAR SESSION ADJOURNMENT In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. CERTIFICATION I certify that this Notice of Meeting was posted on March 21, 2014 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council ',ITV ClOF VVYLIE Minutes Wylie City Council Meeting Tuesday, March 11, 2014 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tem Rick White, Councilwoman Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Nathan Scott. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Police Chief, John Duscio; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Planning Director Renae 011ie led the Pledge of Allegiance. PRESENTATIONS • Recognition of seven employees celebrating milestone years of service to the City of Wylie. City Manager Manson and Mayor Hogue presented items of appreciation to City of Wylie employees celebrating a milestone in their career with the City. Those celebrating a milestone included: • Officer Joseph McGriggs— 10 years • Firefighter/Paramedic Edwin Barney— 10 years • Captain/Paramedic Chris Campbell — 10 years • Utility Technician Jody Webb— 10 years • Police Sergeant Randy Hooker— 15 years • Police Lieutenant Mike Atkison —25 years Mayor Hogue thanked them for their service to the Wylie community and to the City. Minutes March 11, 2014 Wylie City Council Page 1 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. No citizens were present wishing to address council during citizens comments. 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 the Minutes of the February 25, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2014-08 amending Wylie's Comprehensive Zoning Ordinance No. 2001-48, as heretofore amended, so as to change the zoning on the hereinafter described property (Zoning Case No. 2014-01), containing 31.414± acres of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas, from Agricultural (A/30) to Single Family 10/24 District (SF-10/24) to accommodate a single family-detached residential subdivision; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. ZC 2014- 01 (R. 011ie, Planning& Zoning Director) C. Consider, and act upon, approval of the vendor request from Relay for Life-Team Amazed by You Event at Olde City Park on April 26, 2014. (R. Diaz, Parks & Rec Superintendent) D. Consider, and act upon, Ordinance No. 2014-09 amending Ordinance No. 2013-35 (2013-2014 Budget) for the purpose of implementing the position of Juvenile Case Manager in the Municipal Court; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance.. (L. Bantz, Finance Director) E. Consider, and act upon, Ordinance No. 2014-10 amending Wylie's Code of Ordinances No. 2005-07, Chapter 34 (Courts), Article II (Municipal Court), Division 1 (Generally), by adding Section 34-25 (Juvenile Case Manager Funding) and amending Appendix C (Wylie Comprehensive Fee Schedule), Section XII (Municipal Court); creating and providing for the assessment and collection of a Municipal Court Juvenile Case Management Fee; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (L. Bantz, Finance Director) F. Consider, and act upon,Resolution No. 2014-04(R) authorizing the adoption of a Code Minutes March 11, 2014 Wylie City Council Page 2 of Ethics and Minimum Training Standards for Juvenile Case Managers employed by the City of Wylie; providing for implementation of the same; providing for periodic review to ensure implementation of such standards; providing for repealing, savings and severability clauses; and providing for an effective date. (L. Bantz, Finance Director) G. Consider and place on file, the Monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of January 31, 2014. (S. Satterwhite, WEDC Executive Director) Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tern White to approve the Consent Agenda as presented. A vote was taken and the motion passed 5-0 with Councilmen Wintters and Stephens absent. REGULAR AGENDA PUBLIC HEARING 1. Hold a public hearing and consider, and act upon, approval of the revised City of Wylie Thoroughfare Plan. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that the City of Wylie Thoroughfare Plan was last updated in 2004. As part of the update to the thoroughfare impact fees, the plan is being revised to reflect the needed capacity in future roadways as well as showing the existing and future roadway alignments. The plan also incorporates the proposed changes included in the 2013 Collin County Mobility Plan. Public Hearing Mayor Hogue opened the public hearing at 6:28 pm asking anyone wishing to address council regarding the revised Wylie Thoroughfare Plan to come forward. Wylie residents residing near Park Blvd. addressed council speaking against the widening of Park Blvd. Persons speaking included: Christi Farrow, Josh Farrow, Angela Martin, Tim Cullam, and Brandy Schultz. With no one else wishing to speak, Mayor Hogue closed the public hearing at 6:50 pm. Council/Staff Discussion Councilman Scott asked City Engineer Hoisted if when the thoroughfare committee met and chose the Park Blvd. to Parker widening, was it based upon needing another access or bypass in that area. City Engineer Hoisted replied that the committee felt another east /west major arterial between Parker Road and SH 544 was needed. Scott asked what the committee's reasoning was to come to that particular recommendation. Mr. Hoisted replied it was based on population and major thoroughfare access through the city. Parker Blvd at that time was considered a major Minutes March 11, 2014 Wylie City Council Page 3 arterial by the City of Plano and therefore was recommended in the plan. Councilwoman Culver stated that the projected population at the time the plan was reviewed was estimated at 65,000 at build out but has since been revised to be 55,000. She explained that this is not significant enough to change the plan. Hoisted said in addition to city population the plan takes into account the traffic coming through Wylie from an east to west destination to access 190, and Central Express Way. Councilman Scott stated that in his opinion the reduction in population of 10,000 was a good reason not to widen Park Blvd. Scott stated the traffic from widening Park Blvd. would interfere with the new trail system and would cause excessive traffic to the neighborhoods adjacent to Park Blvd. and bisect the community. Mr. Hoisted replied the plan for some years was to build Park Blvd. to a four lane road; whether the road is increased to a six lane had not been decided and would depend on the need. The thoroughfare plan simply sets alignments and recommends a plan. It is up to council if and when any of the roads are constructed. City Manager Manson explained that the current proposed thoroughfare plan had the same recommendations regarding Park Blvd. and Parker Road as had been proposed for many years on previous plans. The proposed plan does have some minor changes but those deal more with the construction of 190 and other arterial factors. The plan also takes into account many highly trained engineers who are making recommendations based on traffic expectations. Council Actin A motion was made by Mayor pro tem White, seconded by Councilwoman Culver to approve the revised City of Wylie Thoroughfare Plan. A vote was taken and the motion passed 4-1 with Mayor Hogue, Mayor pro tern White, Councilwoman Culver and Councilman Jones voting for and Councilman Scott voting against with Councilmen Stephens and Wintters absent. 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 No.'s 2014-08, 2014-09 and 2014-10 into the official record. Mayor Hogue convened into Executive Session at 7:08 p.m. reading the caption below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Discussion regarding property generally located near the 100 block of North Jackson. Street. Mayor Hogue reconvened in to Open Session at 7:33 p.m. Minutes March 11, 2014 Wylie City Council Page 4 RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. No action was taken as a result of Executive Session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman Scott to adjourn the meeting at 7:35 p.m. A vote was taken and the motion passed 5-0 with Councilmen Wintters and Stephens absent. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes March 11, 2014 Wylie City Council Page 5 GAO "e'*ts ` Wylie City Council t �g.10446 fi AGENDA REPORT Meeting Date: March 25, 2014 Item Number: B Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: March 10, 2014 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for February 28, 2014. Recommendation Motion to approve, the City of Wylie Monthly Revenue and Expenditure Report for February 28, 2014.. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. (Rev 01/2014) Page 1 of I ����-�^ ���� U�� CITY' ��n vv v ^-n�- MowTnLYp|mAwomLmspmnT February 28.2014 xmmuAL CURRENT YTo/uCTuAL oen"m=m BUDGET MONTH ACTUAL YTo4oTuAL AmAPERCENT *1.67% ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 18.824.538 1.510.753 15.017.480 82.80% A FRANCHISE FEES 2.383.500 191.372 715.806 29.91% g LICENSES AND PERMITS 506.000 39.379 234.533 4144% INTERGOVERNMENTAL REV. 772.580 78.907 357.737 40.30% SERVICE FEES 2.880.180 242.247 1.024.557 34.31% C FINES AND FORFEITURES 297.000 20.205 91.153 30.09% INTEREST INCOME 15.000 235 1.178 7.86% D MISCELLANEOUS INCOME 205.500 13.935 50.813 19.18% OTHER FINANCING SOURCES 1.789.098 O 1.788.098 100.00% E REVENUES 27.e0e.406 2.103.0e3 19.882.466 71.2*Y6 USE OF FUND BALANCE 1.407.800 NA NA NA p USE OF ROLLOVER FUNDS FOR PSe 55.100 NA NA NA TOTAL REvEmusa ue.*oo.uon NA NA, NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 90.811 3.180 38.010 41.86"& CITY MANAGER 817.350 57.910 270.020 3377"& CITY SECRETARY 207.723 15.962 88.082 33.58"& CITY ATTORNEY 148.000 8 35.578 24.84"& FINANCE 883.170 74.748 411.374 41.84"& FACILITIES 571.001 100.455 243.977 4273"& MUNICIPAL COURT 208.889 18.514 88.277 30.82"& HUMAN RESOURCES 217.379 13.388 83.662 38.49.& PURCHASING 84.007 0.184 34.015 30.18.& INFORMATION TECHNOLOGY 1.044.980 101.534 455.930 43.63.& POLICE 6.090.088 493.283 2.850.621 42.57.& FIRE 6.072.030 380.135 2.202.064 3027.& EMERGENCY COMMUNICATIONS 1.244.389 72.777 434.909 34.95.& ANIMAL CONTROL 377.556 30.331 140.677 38.85.& PLANNING 507.676 33.740 185.352 30.51.& BUILDING INSPECTION *13.350 27.408 184.978 30.03.& CODE ENFORCEMENT 241.704 8.157 73.065 3023.& STREETS 1.885.447 72.110 403.216 24.57.& PARKS 1.895.531 85.638 013.494 3237.& LIBRARY 1.535.632 100.678 023.645 48.61.& COMBINED SERVICES 3.802.559 287.110 1.054.082 41.74.& TOTAL EXPENDITURES 2e.435.250 1.984.227 11.1e9.633 38.05% REVENUES ovEpx(umoEn)EXPENDITURES -2.e44 118.866 8.682.833 33.19Y6 A. Property Tax Collections for FY13'14anof February 28 are 97.O0%. in comparison wFY12'13 for the same time period 95.59Y6. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Service Fees:Trash fees billed in October are applicable towards FY 2012-13 revenue with the remaining fees coming from other seasonal fees. D. Interest Income: In relation to the last 12 months the current interest is in line with projections. E.Other Financing Sources includes the annual transfer from the Utility Fund. CITY OF WYLIE MONTHLY FINANCIAL REPORT February 28,2014 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 41.67% ACCOUNT DESCRIPTION 2013-2014 2013-2014 2013-2014 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 13,783,000 869,341 3,941,509 28.60% G INTEREST INCOME 7,000 88 694 9.91% MISCELLANEOUS INCOME 42,000 4,188 19,792 47.12% OTHER FINANCING SOURCES 5,219 0 5,219 100.00% REVENUES 13,837,219 873,617 3,967,213 28.67% USE OF FUND BALANCE 425,500 NA NA NA H TOTAL REVENUES 14,262,719 NA NA NA UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 295,876 19,556 122,790 41.50% UTILITIES-WATER 1,798,327 92,431 714,613 39.74% CITY ENGINEER 539,511 29,015 151,152 28.02% UTILITIES-SEWER 800,161 137,821 389,634 48.69% UTILITY BILLING 350,944 16,183 108,760 30.99% COMBINED SERVICES 10,447,336 1,755,273 5,894,630 56.42% J TOTAL EXPENDITURES 14,232,155 2,050,278 7,381,581 51.87% REVENUES OVER/(UNDER)EXPENDITURES 30,564 -1,176,661 -3,414,368 -23.19% G.Most Utility Fund Revenue billed in October is applicable to FY 2012-13. H.Use of Fund Balance:For Replacement/New Fleet&Equipment. I. Due to one-time expenditures including purchase of new vehicles. This will level out throughout the fiscal year. J.Due to annual transfer to the General Fund&debt service payment recorded in February. This will level out throughout the fiscal year. 4 OF Nit, 4,8 tirtsifire Wylie City Council AGENDA REPORT Meeting Date: March 25, 2014 Item Number: C Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: March 10, 2014 Budgeted Amount: Exhibits: Monthly Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for February 28, 2014. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for February 28, 2014. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. (Rev 01/2014) Page 1 of 1 1 2013-2014 Investment Report February 28, 2014 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date 1 $14,525,407.92 MMA 0.0283% Texpool 12/31/2006 NA 2 $15,042,308.59 MMA 0.0318% TexStar 3/15/2011 NA $29,567,716.51 Total Weighted Average Coupon: 0.03% Money Markets: $29,567,716.51 Weighted Average Maturity(Days): 1.00 Certificates of Deposits: $0.00 $29,567,716.51 Wylie City Council AGENDA REPORT Meeting Date: March 25, 2014 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 5, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Preliminary Plat for Inspiration, Phase 1 & 2 consisting of 19.656 acres to establish single family residential lots for a master planned development within Wylie's ETJ, generally located north of Parker Road(F.M. 2414) and east of Aztec Trail. Recommendation Motion to approve, a Preliminary Plat for Inspiration, Phase 1 & 2 consisting of 19.656 acres to establish single family residential lots for a master planned development within Wylie's ETJ, generally located north of Parker Road(F.M. 2414) and east of Aztec Trail. Discussion Owner: Parker Lakeside,LLC Applicant: Jacobs Inspiration is an approximate 700 acre Master Planned Community; Special Municipal Utility District (MUD) located in Unincorporated Collin County. The MUD consists of approximately 1,400 single family lots of varied densities and multiple open space areas and a possible WISD school site. Phase 1 & 2 totals approximately 150 acres. Portions of the MUD is located in both City of Wylie's (19.656) and Town of St. Paul's (132.425) ETJs. In accordance with the approved development agreement; the MUD shall comply with City's subdivision Regulations and more specifically plat requirements for properties within Wylie's ETJ. The subject of this consideration is 19.656 acres located in Wylie's ETJ for 53 single family lots and one common area lot consistent with the approved development agreement. The average lot size is approximately 12,000 square feet with minimum 7,800 square feet. This Preliminary Plat complies with all applicable technical requirements of the City of Wylie and conforms to the approved Development Agreement. (Rev 01/2014) Page 1 of 2 Page 2 of 2 P&Z Commission Discussion The Commission discussed access to the development and the timing of realignment for Parker Road and how it affects the development. Staff presented the previous plat of the main arterial that will bring traffic from Parker Road into the development and connect to the north in Lucas' ETJ. The Commission recommends approval 6-0 subject to additions and/or alterations to the engineering plans as required by the Engineering Department. 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PLAT RECORDS, COLLIN COUNTY, TEXAS C.C.# 20091021001291820 \ \ \\ r( AND TOMMY THOMAS (20%) 1f, 10.00 ACRES C.C.# 2009102OMAS o \V Oat I -L� 1 Y� NORMAN R. MORROW AND WIFE, O.P.R.C.C.T. PARKER LAKESIDE LLC. 9�„ \ 0 50 100 200Iliif S : LUZIA M. MORROW g 20130507000619170 \ /� C.. �, Mi1 VOLUME 1531, PAGE 279 C.C.# D.P.R.C.C.T. AV L' D.R.C.C.T. oy 0 A� 1 I60 E FIllK Li 1�e 21 . R JI j \ V \V PARKER LAKESIDE LLC. 1 _... `, _ 1 rT A C.C.# 20130507000619170 ��� _I p S<17 OyF oy \ O.PR.C.C.T. PI ., imi m \ \� 20' UTILITY EASEMENT TO NORTH ` \ TEXAS MUNICIPAL WATER DISTRICT _ '` EIS m S - � ` DEED LINE v9 o c.C.g 96-ooasl a7 1 � "- - 1�2-�`� - �a, C ' 0 tiF 7V D.P.R.C.C.T. (2.003 ACRES) �� BLOCK L 67 �o O 60 \ APS A IN II IS '` V 010 t 8 oy .- 5'' �Qt 0°j JOHN WILLIAM 2.3437 KERNAN ACRES AND WIFE, it g ^g Q v s ,,gO 00 0 2 �t QPG,, �\ VALARIE EVELYN KERNAN n L Y 4..) o- \ .,5�\,3 4), y,R \ PHASE PLAN 4 VOLUME 4177, PAGE 384 'V w 77 0 E, �6 5F, �i `�s `° L 1 o m ti� �Ea o� 3 V V 1 „ = 500' D.R.O,C.T. :z 01 g° „°', m w 2 , ¢ �. ,bC o QO ,pb `�' \ a `\' N Q " 60 BLOCK L 9 x 60' BLOCK M --P`'f-�3 G3 o \\ 25 SET 9 z N No l 20. v\ 16 O'(f"SF-d' E.,G y \ 0 0 0 1 i t 2 _ 17 m -y0 so -Sc--,c '''qq O' BACK O. 25'BL " 14 0 15 q 16 N 15 otiF �\ LINE BEARING DISTANCE rOrr 6p, ti'b ,}p so \\ Li2 N01°30'S6"W 17.65' - Z 60' O' so '` a \ \ L13 N68'Sb'33"E 274.8T I� m 9 - 60' 50' 9 L14 S79'25'46"E 183.81' 24Y X 60' ___ 6p' 60' 59' 26 14' \"o 14 (9 <ti \ 50'X 80' m b°j 705 260 ----_-_ _ R=400' ADDISON_GRACE LANE _ Rn2p` 1H' �'�' 'CO 60 `"\ Lib S44°57'45"E 144.24' BUILDING L17 S73.16'13"E 126.42' 5.284 AC 75'B 720 67' t91, — - 114 g8, \ 60 so- 13 o \\ L18 SO1'31'02"E - 122.35' PAD L 2 it L18 S07'37'02"E 38.16' (TYP) EASEMENT FOR 44 v 1 .P.:21 " .' g 36 22 27' 40 15g� 3 -3 S. O 60 Z.4 \ 5' o 0 g L19 N88'28'S8"E 111.94' RIGHT-OF-WAY WATER `� ^ 23 _ 5 s Z s ! 4 @ SIDE -•- -.r TRANSMISSION PIPELINE 130' ( 25'BL 5h 0 \6A O. 0 A L20 N55°54'S2"E 239.63' ALLEN/PLANO/FRISCO/MCKINNEY ----.1 �� ( 130, `v 12 9F, y �� YARD iti PIPELINE PROJECT B, PHASE 2 (145) 2 y 1 4i 2 w 3 > 4 S ,b0 \ C.C.# 20100806000813270 M M ill! S' ^+ o? w �. 6 s 0.P.R.C.C.T. 0.@ /I.? 730' `°(° 22 Vl0c'S, `9d \ Ni 1 - mBLOCK J ,� A 71BLOCK L m W m C Oy 25' SET 10.00 ACRES 4 n it 130' 74' 17 7 1s 1A1 �\ A BACK NORMAN R. MORROW AND WIFE, 214' `" 3 71' 71' •° Q, LUZIA M. MORROW Ul , m m BLOCK K m �( 74' 84' 51 43' 93' -‘15' 63 'n BLOCK M /�.. 1 ---- VOLUME 1531, PAGE 279 _ 1 730' 21 h Q BLOCK J 62 43' 79' 60' 3• 51 '�0• w 10 0V o-s- D.R.0.C.T. 3 - 130' N $ m is, o m- 15'BL �� 60 m 206' °' W :- - m 118' Qs, p F& j 75 74M 8 4 20 o yo79' > 42 w1 60 X 130 LOT LAYOUT 2o131' jl798' > 4T 25allpfts ams25BL TYP m � 738' 1° 19 �_ .0 71' 77' 72' Eea S HOp 02 A 23 58 tib No 0 \ '•I m130' -00 MAR1N,j 1 a � Ty \ 82 R-3 .., L1 _, 85' 46 coD' v ° 1i ., 3. kz zR 8�06052 96D �� 2 �� �F OFWY L_ v LOT SUMMARY TABLE Ira d�4 TRAIL 0 t 1 ! \ CITY L _ E T.9 _AZT.( , '�'1 �" 5 B • w 9 S AZTEC 7p TRAWL ' p : . • WAY 220 L 8 A S T D T CITY OF WYLIE E 1 �Yw N9E1 ANID OCCUPATIO 760' 1 (�y� � WN OF • , UP lJI V I lJ 2 ' 0itOMMON AREA i o m. m 7 °S 50 .. -rT' X S.770' p m I , ° 4 ° ° " 4 n 5 w 6 n 7 N' 6 A9, 13 hF, INSPIRATION PHASE 2B TOTAL ___ i 40' __ �'- 7 7 _ - °: 60' S, ge x V o-y 75'X 140'LOTS(60`XSS'PADS) 0 0 2.5 BEGINNING ' ( �w ., �0 130' 68' e6, 60 65' "o. •� ``°\ 60'X 130'LOTS(50'X80'PADS) 53 53 Y9 0! 1 `"- 'z 130' 22' 75' I 69 65' 1 q M ii oy S6'X 130'LOTS 40'X80'PADS) 0 0 �}} ppqq `T' ry n w m 74 30' BLOCK H A6' ' 2 F ( TRACT F# I L J ro _—_ 170' _—_ _ y `"- om 8 "10 16 4 65 459' - 75s' 5 70'' 37' 25• 65' 15 yg TOTAL 53 53 m Itqp' 130' f25b BLOCKH t6 tOAverage LotSize (sf) 12,242 33. 2 `�" a — o `� n 2423 - 78w77U ,{ 6 ID :::\k Gross Area(acres) 1966 ELCCKD - Art 22 Gross Density(lots/acre) 2.70 _ _ �0 170' - �I dB, LOCK K __. 130' r? At 6' 43' 22' .� ��- 25'RI 21 20 x+, - 65', '� R 98 �4� \ 00. �� PRELIMINARY PLAT a) LEGAL DESCRIPTION CITY OF WYLIE FOR L WYLIE TRACT '- BEING A 19.656 ACRE TRACT OF LAND SITUATED IN THE L. FARMER SURVEY, ABSTRACT NO. 334, IN THE CITY OF WYLIE E.T.J., COLLIN COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND, CONVEYED "PRELIMINARY PLAT FOR REVIEW PURPOSES ONLY"o INSPIRATION TO PARKER LAKESIDE, LLC., BY DEED RECORDED IN COUNTY CLERKS FILE NO. 20130507000619170, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, AND PART OF A 5.000 ACRE SAVE AND EXCEPT "SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY ORDINANCE AND STATE LAW AND IS SUBJECT TRACT OF LAND CONVEYED TO KRISTEN MAZZA, BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 20091021001291790, JEFFERY P. WEYANDT, BY DEED RECORDED IN COUNTY CLERK'S FILE NO. TO FINES AND WITHHOLDING OF UTILITIES AND BUILDING PERMITS." THT 1 2 20091021001291800, RUSSELL W. COFFEE, JR., BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 20091021001291810, PETER CROW, BY DEED RECORDED IN COUNTY CLERK'S FILE NO. PHASES 1 20091021001291820, AND TOMMY THOMAS, BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 20091021001291830, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 19.656 ACRE TRACT WITH THE "RECOMMENDED FOR APPROVAL" a BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND JULIAN DAY 259, 2004, CALCULATED FROM DALLAS COBS ARP (PID-0F8984) AND DENTON COBS ARP (PID-DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: OUT OF THE a COMMENCING AT A 5/8" CAPPED IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR A SOUTHWEST CORNER OF SAID PARKER LAKESIDE, LLC. TRACT, SAID POINT BEING AT THE L. GARNER SURVEY, ABSTRACT NO 334, AND v SOUTHEAST END OF A CORNER CLIP AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF FARM TO MARKET ROAD NO. 2514, (PARKER ROAD), A VARIABLE WIDTH RIGHT-OF-WAY, AND THE EAST CHAIRMAN, PLANNING & ZONING COMMISSION DATE m RIGHT-OF-WAY LINE OF AZTEC TRAIL, A PRESCRIPTIVE RIGHT-OF-WAY BY USE AND OCCUPATION CITY OF WYLIE M. MORRIS SURVEY, ABSTRACT NO. 561 , a THENCE, NORTH 44 DEGREES 56 MINUTES 54 SECONDS WEST, ALONG SAID CORNER CLIP, A DISTANCE OF 41.22 FEET TO A WOOD MONUMENT FOUND AT THE NORTHWEST END OF SAID CORNER CLIP; 0, THENCE, ALONG THE WEST LINE OF SAID PARKER LAKESIDE, LLC. TRACT, AND THE COMMON EAST RIGHT-OF-WAY LINE OF SAID AZTEC TRAIL, THE FOLLOWING COURSES AND DISTANCES: "APPROVED FOR CONSTRUCTION" IN THE CITY OF WYLIE E.T.J., COLLIN COUNTY, TEXAS -t NORTH 01 DEGREE 30 MINUTES 56 SECONDS WEST, A DISTANCE OF 1805.22 FEET SET FOR THE POINT OF BEGINNING ON THE NORTH E.T.J. LINE OF THE TOWN OF ST. PAUL, AND THE COMMON SOUTH 1 9.656 ACRES w E.T.J. LINE OF THE CITY OF WYLIE; 53 RESIDENTIAL LOTS 03 NORTH MORROW 01 DEGREE AND WIFE,30 LUZA ME MORROW 56 , BY DEED ONDS ST, A RECORDEDAIINE OF VOLUME65 1531,FEET E 279 B" IRON ROD DEED RECORDS,UND COLLINR THE COUNTY, TEXAS CORNER OF A 10.00 ACRE TRACT OF LAND CONVEYED TO NORMAN R. MAYOR, CITY OF WYLIE, TEXAS DATE J 1 COMMON AREA. o NORTH 00 DEGREES 09 MINUTES 24 SECONDS WEST, ALONG THE EAST LINE OF SAID MORROW TRACT, AND A 2.3437 ACRE TRACT OF LAND CONVEYED TO JOHN WILLIAM KERNAN AND WIFE, VALARIE 2 EVELYN KERNAN, BY DEED RECORDED IN VOLUME 4177, PAGE 384, DEED RECORDS, COLLIN COUNTY, TEXAS, A DISTANCE OF 713.35 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "ACCEPTED" "JACOBS- SET FOR CORNER; K o NORTH 68 DEGREES 54 MINUTES 33 SECONDS EAST, A DISTANCE OF 214.87 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; 01- a SOUTH 79 DEGREES 25 MINUTES 46 SECONDS EAST, A DISTANCE OF 183.81 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; MAYOR, CITY OF WYLIE, TEXAS DATE SOUTH 44 DEGREES 57 MINUTES 45 SECONDS EAST, A DISTANCE OF 144.24 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; THE UNDERSIGNED, THE CITY SECRETARY OF THE CITY OF WYLIE, TEXAS, HEREBY CERTIFIES THAT THE FOREGOING FINAL PLAT OF THE OWNER/DEVELOPER PLANNER SUBDIVISION OR ADDITION TO THE CITY OF WYLIE WAS SUBMITTED TO THE CITY COUNCIL r E SOUTH 73 DEGREES 16 MINUTES 13 SECONDS EAST, A DISTANCE OF 126.42 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; ON ___ DAY OF 20___. AND THE COUNCIL, BY FORMAL ACTION, THEN AND THERE ACCEPTED THE DEDICATION r OF S P PUBLIC AND SEWER AS SH AND SET IN LEY, ENT, ES, ATER N TH To SOUTH 63 DEGREES 28 MINUTES 40 SECONDS EAST, A DISTANCE OF 122.35 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; PLATTANDTSAIDLCOUNCILK URTHERMAUTHORIZED THECMAYOR TTOWNOTE THE ACCEPTANCES THEREOF W BY SIGNING HISRNAME ASDHEREEIINABOVDE PARKER LAKESIDE, LLC MESA DESIGN GROUP eti SUBSCRIBED. 8200 DOUGLAS AVENUE, SUITE 300 1807 ROSS AVENUE - SOUTH 01 DEGREES 31 MINUTES 02 SECONDS EAST, A DISTANCE OF 38.16 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; WITNESS MY HAND THIS DAY OF A.D.. 20 _ DALLAS, TEXAS 75225 DALLAS, TEXAS 75201 o ^� F NORTH 88 DEGREES 28 MINUTES 58 SECONDS EAST, A DISTANCE OF 111.94 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; 214.750.1800 214.871 .0568 II o NORTH 55 DEGREES 54 MINUTES 52 SECONDS EAST, A DISTANCE OF 239.63 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; o SOUTH 34 DEGREES 05 MINUTES 08 SECONDS EAST, A DISTANCE OF 821.81 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER ON THE AFORESAID SOUTH ENGINEER:• E.T.J. LINE OF THE CITY OF WYLIE, AND THE AFORESAID COMMON NORTH E.T.J. LINE OF THE TOWN OF ST. PAUL; o CITY SECRETARY mo o SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 1483.16 FEET TO THE POINT OF BEGINNING AND CONTAINING 19.656 ACRES OF LAND, MORE OR LESS. CITY OF WYLIE, TEXAS Z O x 1999 BRYAN STREET, SUITE 1200 o DALLAS, TX 75201-3136 o PHONE 214-638-0145 H o FAX 214-638-0447 114 Jacobs Engineering Group Inc. 0- Texas Registration #2966 ci FEBRUARY 2014 SCALE: 1 "=100' SHEET 1 OF 1 A. PROJECT NO WVXX0311 Wylie City Council AGENDA REPORT Meeting Date: March 25, 2014 Item Number: F Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: March 13, 2014 Budgeted Amount: Ordinance; Draft changes presented at 1-14-14 Work Exhibits: Session Subject Consider, and act upon, Ordinance No. 2014-11 amending Wylie's Code of Ordinances No. 2005-52, Chapter 2 (Administration), Article V (Finance), Division 5 (Donation of Public Funds to Not-for-Profit Organizations), Sections 2-161 (Purpose of Division), 2-162 (Procedures), 2-163 (Eligibility Criteria), 2-165 (Accountability) and 2-166 (Request for Public Funds form); providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve, Ordinance No. 2014-11 amending Wylie's Code of Ordinances No. 2005-52, Chapter 2 (Administration), Article V (Finance), Division 5 (Donation of Public Funds to Not-for-Profit Organizations), Sections 2-161 (Purpose of Division), 2-162 (Procedures), 2-163 (Eligibility Criteria), 2-165 (Accountability) and 2-166 (Request for Public Funds form); providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion A Work Session was held January 14, 2014 to discuss proposed amendments to the existing ordinance regulating donations to not-for-profit organizations. The existing ordinance was structured to enable the Council to consider providing funding to not-for-profit organizations as a part of the budget process each year, including a May 1 deadline for organizations to submit an application for budget consideration. On occasion, a request has been made to consider funding for not-for-profits at times other than the budget review and, as such, the procedure established in the ordinance has not been followed. A draft of proposed changes to the Ordinance presented during the Work Session removed the language related to funding not-for-profits as a part of the budget process in order to keep the procedures generic and applicable to a wider variety of circumstances. The consensus of Council at that time was to move forward with the changes as presented. (Rev 01/2014) Page 1 of 1 ORDINANCE NO. 2014-11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES NO. 2005-52, CHAPTER 2 (ADMINISTRATION), ARTICLE V (FINANCE), DIVISION 5 (DONATION OF PUBLIC FUNDS TO NOT-FOR-PROFIT ORGANIZATIONS), SECTIONS 2-161 (PURPOSE OF DIVISION), 2-162 (PROCEDURES), 2-163 (ELIGIBILITY CRITERIA), 2-165 (ACCOUNTABILITY) AND 2-166 (REQUEST FOR PUBLIC FUNDS FORM); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the City of Wylie, Texas' ("City") Code of Ordinances No. 2005-52, as amended ("Code of Ordinances"), Chapter 2 (Administration), Article V (Finance), Division 5 (Donation of Public Funds to Not-For-Profit Organizations), Sections 2-161 (Purpose of Division), 2-162 (Procedures), 2-163 (Eligibility Criteria), 2- 165 (Accountability) and 2-166 (Request for Public Funds Form), should be amended as set forth herein; and WHEREAS, the City Council adopted Ordinance No. 2005-52 to establish a policy to provide guidance to not-for-profit organizations on the procedures for requesting donations of public funds from the City("Donation Policy"); and WHEREAS, the City Council desires to continue donating public funds in a fiscally responsible manner to qualified not-for-profit organizations which provide necessary services to the citizens of the City; and WHEREAS, the City Council desires to amend the Donation Policy to streamline and clarify the process for requesting donations of public funds from the City; and WHEREAS, the City Council has investigated and determined that it is in the best interest of the City and its citizens to amend the Code of Ordinances as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to the Code of Ordinances, Chapter 2 (Administration), Article V (Finance), Division 5 (Donation of Public Funds to Not-For- Profit Organizations), Sections 2-161 (Purpose of Division), 2-162 (Procedures), 2-163 (Eligibility Criteria), 2-165 (Accountability) and 2-166 (Request for Public Funds Form). The Code of Ordinances, Chapter 2 (Administration), Article V (Finance), Division 5 Ordinance No.2014-11—Amending Ordinance No.2005-52 Donation of Public Funds—Not-For-Profit Organizations Page 1 of 4 (Donation of Public Funds to Not-For-Profit Organizations), Sections 2-161 (Purpose of Division), 2-162 (Procedures), 2-163 (Eligibility Criteria), 2-165 (Accountability) and 2- 166 (Request for Public Funds Form) are hereby amended as follows: "CHAPTER 2. ADMINISTRATION ARTICLE V. FINANCE DIVISION 5. DONATION OF PUBLIC FUNDS TO NOT-FOR-PROFIT ORGANIZATIONS Sec. 2-161. Purpose of division. The City of Wylie may, from time to time, provide financial assistance to not-for-profit organizations that provide assistance to its citizens. In funding not-for-profit organizations, the City of Wylie will: Sec. 2-162. Procedures. (1) Requests for the donation of public funds to not-for-profit organizations must be submitted to the city manager's office. (2) Organizations requesting the donation of public funds from the City of Wylie are required to complete the city's request foi in. (3) Each not-for-profit organization's application for funds will be screened by the city manager's office to ensure that the guidelines and criteria are met. (4) Presentations of qualified applicant requests will be made at a city council meeting, to include a public hearing. (5) Not-for-profit organizations whose requests do not meet the guidelines and criteria of this policy will be so notified and, if appropriate, invited to resubmit the request. (6) City council donations to not-for-profit organizations will be based on the benefit to the public and the priorities of community outcomes. Ordinance No. 2014-11 —Amending Ordinance No. 2005-52 Donation of Public Funds—Not-For-Profit Organizations Page 2 of 4 Sec. 2-163. Eligibility criteria. (10) . . . d. A current list of the organization's board of directors, officers, and staff. e. The organization's bylaws and mission statement. f. Audited financial statements and/or detailed budgets for the two years prior to the date of the organization's request. Sec. 2-165. Accountability. Not-for-profit organizations requesting donations of public funds will adhere to general accounting principles as set by law. Continued compliance with these standards is a criterion for possible future donations. Submission of an end-of-year financial report to the city after the donation is granted is required as a condition of the receipt of funds. Sec. 2-166. Request for public funds form. [NOTE: The form previously set forth in Section 2-166 is hereby removed — the form is on file and may be obtained in the City Secretary's Office.]" SECTION 3: Savings/Repealing Clause. The Code of Ordinances shall remain in full force and effect, save and except as amended by this or any other ordinance. All. provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause and/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. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause and/or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional and/or invalid. Ordinance No.2014-11 —Amending Ordinance No.2005-52 Donation of Public Funds—Not-For-Profit Organizations Page 3 of 4 SECTION 5: Effective Date. This Ordinance shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 25th day of March, 2014. Eric Hogue, Mayor ATTESTED TO BY AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Ordinance No.2014-11 —Amending Ordinance No.2005-52 Donation of Public Funds—Not-For-Profit Organizations Page 4 of 4 Wylie City Council CITY OF WYLIE AGENDA REPORT DIVISION 5. DONATION OF PUBLIC FUNDS TO NOT-FOR-PROFIT ORGANIZATIONS Sec. 2-161. Purpose of division. Sec. 2-162. Procedures. Sec. 2-163. Eligibility criteria. Sec. 2-164. Restrictions on the use of public funds. Sec. 2-165. Accountability. Sec. 2-166. Request for public funds form. Secs. 2-167-2-170. Reserved. Sec. 2-161. Purpose of division. The City of Wylie is committed to providing may, from time to time provide financial assistance to not-for-profit organizations that provide assistance to its citizens. In funding not-for-profit organizations, the City of Wylie will: (1) Encourage the not-for-profit organizations to provide services that meet specific needs of Wylie citizens. (2) Provide last resort capital or operating budget support to not-for-profit organizations. (3) Supplement (not supplant) funding from other sources available to not-for-profit organizations. (4) Provide limited funds to encourage the not-for-profit organizations to seek alternative resources of funds, donated materials and volunteer labor. (5) Relate specifically to measurable levels of service provided to city citizens. (6) Promote accountability through reporting of services provided. (Ord. No. 2005-52, § 1, 10-11-2005) Sec. 2-162. Procedures. The presentation and consideration of requests for expenditures of public funds by the city council in support of not-for-profit organizations will be evaluated based on the following guidelines and criteria: (1) Requests for the donation of public funds to not-for-profit organizations must be submitted to the Wylie City Manager's Office. on or before May 1 of each year for consideration in the operating budget process. {2) An emergency request may be submitted at any time provided: a. The request was not reasonably foreseeable on or before May 1 budget process deadline; or b. The essential function of the requesting not for profit organization would be irreparably harmed if delayed to the next budget process cycle. Page 1 of 5 Page 2 of 5 (3) Organizations requesting the donation of public funds from the City of Wylie are required to complete the city's request form {Section 2 166). [MM note: I recommend removing the form from the Code of Ordinances—we should not have administrative forms codified.] (4) Each not-for-profit organization's application for funds will be screened by the city manager's office to ensure the guidelines and criteria are met. (5) Presentations of qualified applicant requests will be made at a city council meeting appropriate to the operating budget process, to include a public hearing. (6) Not-for-profit organizations whose requests do not meet the guidelines and criteria of this policy will be so notified and if appropriate, invited to resubmit the request. for the next budget eerie. (7) City council donations to not-for-profit organizations will be based on the benefit to the public and the priorities of community outcomes. (Ord. No. 2005-52, § 1, 10-11-2005) Sec. 2-163. Eligibility criteria. At a minimum, the not-for-profit organizations will meet the following qualifying criteria to receive public funds: (1) The organization will be a nonprofit, tax exempt 501(c)(3) corporation, in good standing with the State of Texas, and must have an active board of directors in compliance with IRS Section 501(c)(3). (2) The organization will have been operating successfully for at least two years prior to the application deadline. (3) The organization will have sufficient funding support to meet ongoing operating costs and obligations. (4) The organization is not currently receiving other funding from the City of Wylie. (5) If previously funded by the City of Wylie, the organization must have successfully fulfilled all prior contractual obligations, or explain reasons for noncompliance. (6) Services and programs are need-based, nondiscriminatory, and provided to the citizens of the City of Wylie. (7) Services and programs are provided through means that are more cost effective than the city government could provide. (8) Services and programs supplement or extend the services and programs by the city. (9) Services and programs are able to fill gaps that may exist between those of the city and the needs of the community. (10) The organizations are able to verify their not-for-profit status and submit detailed financial documents for review by city staff, including, but not limited to: a. Federal tax identification number; b. Copy of 501(c)(3) nonprofit status certification letter; and c. Certificate of liability insurance. Page 3 of 5 [MM note: the 3 following items are listed in Sec. 2-165 below but I would recommend listing them here instead for clarity.] d. Submission of a current list of the organization's board of directors, officers, and staff. e. Submission of the organization's bylaws and mission statement. f. Submission of two immediately prior years' audited financial statement and/or detailed budget as part of the application process. (Ord. No. 2005-52, § 1, 10-11-2005) Sec. 2-164. Restrictions on the use of public funds. The City of Wylie will not fund the following: (1) No more than 25 percent of the public funds request may be for salaries; however, under unusual circumstances, exceptions may be approved by the city council. (2) Social functions, parties, receptions, fund-raising benefits, refreshments, or beverages. (3) Licensing fees of any kind. (4) Underwriting, investments, stocks, bonds, or any financial obligation. (5) Interest and/or depreciation on loans, fines, penalties, or costs of litigation. (Ord. No. 2005-52, § 1, 10-11-2005) Sec. 2-165.Accountability. Not-for-profit organizations requesting donations of public funds will adhere to general accounting principles as set by law. Continued compliance with these standards is a criterion for possible future donations. Submission of end-of-year financial report to the city after the donation is granted is required as a condition of the receipt of funds. These standards include, but are not limited to: (1) Submission of a current list of the organization's board of directors, officers, and staff. (2) Submission of the organization's bylaws and mission statement. the application process. (4) Submission of end of year financial report to the city after the donation is granted. [MM note: I moved this statement into the paragraph above.] (Ord. No. 2005-52, § 1, 10-11-2005) Sec. 2-166. Request for public funds form. ec. -1 "s"e ut for a lie fury s for REQUEST FOR PUBLIC FUNDS FORM Submit to: Office of the City Manager Page 4 of 5 City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Telephone: 972-442-8121 Fax: 972-442-4302 Deadline: May 1, Name of Organization: Address of Organization: Telephone of Organization: Name(s) of Contact Person: Federal Tax ID: Requested Donation Amount: List of Attachments: Copy of 501(c)(3) Nonprofit Status Certification Letter. Certificate of Liability Insurance. Copy of Organization Bylaws and Mission Statement. Current List of Board of Directors, Officers, and Staff. Copy of the most recent Audited Financial Statement and/or Budget. Briefly describe the purpose, programs, and accomplishments of the organization: Page 5 of 5 How is the organization governed and managed? What is the geographic service area of the organization? If the organization serves outside the City of Wylie, please indicate the number or percentage of Wylie citizens served: Has the organization previously applied for a donation of public funds from the City of Wylie? Yes No If"Yes" briefly describe the details and outcome of the request: What is the intended use of the requested donation of public funds? What benefit to the citizens of Wylie (educational, economic, health, etc.)will result from the requested donation of public funds? Explain how the organization will evaluate the results of the use of this donation of public funds: The undersigned do hereby attest that the above information is true and correct to the best of our knowledge. (Ord. No. 2005-52, § 1, i0-11-20O5) ecs. -1 ? 2-17 Syr; 114 ,${ Wylie City Council AGENDA REPORT 188 or IV Meeting Date: March 25,2014 Item Number: F Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: 615-5725-58310 Date Prepared: March 17,2014 Budgeted Amount: $1,059,600 Exhibits: 4 Subject Consider, and act upon, approval of Change Order #1 and final acceptance of the State Highway 78 Water Distribution Line to Wilson Contractor Services, LLC and authorize final payment in the amount of $124,715.57 and accept the project as complete. Recommendation Motion to approve Change Order #1 and final acceptance of the State Highway 78 Water Distribution Line to Wilson Contractor Services, LLC and authorize final payment in the amount of $124,715.57 and accept the project as complete. Discussion On June 25, 2013, a construction contract was awarded to Wilson Contractor Services, LLC in the amount of $1,059,599.41 for the construction of water line improvements along State Highway 78. All punch list items have been addressed by the contractor. The final contract amount after field changes and quantity adjustments is $1,069,766.47. Page 1 of 1 CONSENT OF OWNER 0 ARCHITECT 0 SURETY COMPANY CONTRACTOR ❑ TO FINAL PAYMENT SURETY ° OTHER AIA DOCUMENT G707 PROJECT: State Highway 78 Water Distribution Line (Bid #W2013-51-B) (name, address) Wylie, Texas TO (Owner) 1 City of Wylie J Project No: N/A 300 Country Club Road Contract For: Water Line Distribution Wylie, TX 75098 J Contract Date: 06125/2013 CONTRACTOR: Wilson Contractors Services, LLC In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) SureTec Insurance Company 1330 Post Oak Boulevard, Suite 1100, Houston, Texas 77056 , SURETY COMPANY, on bond of (here insert name of Contractor) Wilson Contractor Services, LLC 107 Bell Avenue, Suite 3, Denton, Texas 76201 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of.Owner) City of Wylie 300 Country Club Road, Wylie, TX 75098 , OWNER, as set forth in the said Surety Company's bond, Bond No. 4391894. IN WITNESS WHEREOF. the Surety Company has hereunto set its hand this 17`I' day of March, 2014. SureTee Insurance Company ety Company • • inure Aut torized Representative Attest: W (Seal): Steven W. Lewis, -less , ennifer Picchi Title Attorney-In-Fact NOTE.:rhts form t so used as a companion document to AIA DOCUMENT (1706, CONTRACTORS AFFIDAVIT OF PAYMENT AND DEB IS AND CI ALMS, Ct teen_Edition xtA DOCUMENTs70 .CONSENT OF SURETY COMPANY TO FINAL PAYMENT APRIL 1970 EDITION - AIM() ONE PAGE. 1972 Phis Abf RieAN INSTITUTE OF ARCHITECTS, 17)5 NEW YORK AVE..) NW, WASHINGTON, D.C. 20006 POA4: 4221029 S tire Tee r ee Comperny 1LIMITE[D POWER OF ATTORNEY Know A11 Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas,and having its principal office in Houston, Harris County; Texas, does by these presents make,constitute and appoint 1 Clem Fr Desch,Steven W.Lewis,Men Sparks,Eric Leach,Lisa Borhaug;Roger Bales,Jennifer.Picchi,Melissa Leach its true and lawful Attorney-in-fact;with full power and authority hereby conferred in its name,place and stead, to execute, acknowledge and deliver any and all bonds,recognizances,undertakings or other'instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for Five Million and 00/100 Dollars($5,000,000.00) -and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary;hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in.force until 12t32120 E5 and is made under and by authority of the follotv'ing resolutions of the Board of Directors of the SureTec Insurance Company Be it Resolved,:that the President, any Vice-President any Assistant Vice-President„any Secretary or any Assisttmt Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as AUorney(s)-in•Fact to represent and act for cad on behalf of the Company subject to the following provisions: (Ittorneyan-Feet:may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds_,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or'tenninating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon'the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it ReSolveu,:that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any:power of attnmcy or any certificate:relating thereto by facsimile,and any power of attorney or certificate bearing faasifiile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.-(Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21 st day of March,A.D.2013. o SURETEC LNSUILANCE COMPANY 4,9r. / .p By: m w i bl John I4 ox J President State of Texas ss: V� ,fAri `' 'selr County of Harris vr'" On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who;being by me duly sworn,did depose and say,that he resides in Houston, Texas,that he is President.of SURETEC INSURANCE COMPANY,:the company described in and which executed the above instrument;that he blows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. ,▪x e SAGO ELYN Notar Mfiblle 0 /, ..-IL. Notary Texas "/ e 1‘ ./ \\, cR(( Slate of Texas _ ''// x• 9 ij Gomm.Expo er1a/2017 JacgYielyn Maldonado,Notary Public Mfy commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SUREI EC INSURANCE COMPANY,ido hereby certify that the above and foregoing is a true and correct copy Hof a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. f; 144171 VC Given under my hand and the sea[a said Company at Houston,Texas this day of - , A.D. 1 ,.Bre t Beaty,Assistant,ecretaay Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8 00 am and 5:00 pm CST; BI ,..HOFF9 HENDRICKS & CARTER, L® PROFESSIONAL ENGINEERS 11910 Greenville Ave.,Suite 600 Dallas,Texas 75243 Fax(214)461-8390 Phone(214)361-7900 JOHN W.BIRKHOFF,P.E. GARY C HENDRICKS,PH: JOE R.CARTER,P.E. ... MATT HICKEY,PE ANDREW MATA,JR,P L JOSEPH T.GRAJEWSKI,III,P E ... DEREKB.CHANEY,P.E. March 5,2014 CRAIG M.KERKHOFF;P:E. Mr. Chris Hoisted,P.E. City Engineer City of Wylie 300 Country Club Road Wylie,Texas 75098 Re: State Highway 78 Water Distribution Line Pay Request No.4 &Final Dear Mr. Hoisted: Two(2)copies(with original signatures)of Pay Request No. 4 &Final in the amount of$124,715.57 for the work performed by Wilson Contractor Services,LLC on the State Highway 78 Water Distribution Line project through December 30,2013 are enclosed. The total amount invoiced is $10,167.06 more than the total contract amount. If you concur with this pay request,please have it executed for the City of Wylie and forward one copy along with the payment due to Wilson Contractor Services,LLC. Sincerely yours, "" Joe R. Carter,P.E. Enclosures cc: - Mr. Tony Martinez(Wilson Contractor Services,LLC) Texas American Public Works Association 2012 Awardee Environmental Project of the Year$2 Million — Fyke Road Lift Station Replacement r\clefesi\wy11e\2006-127 sn 78wi\pay requesx\payreq mt-a-sinal dere Texas Firm F526 MONTHLY PAY REQUEST Page 1 of 3 Owner: City of Wylie,Texas Pay Request No. 4&FINAL Project: State Highway 78 Water Distribution Line Contract Date: June 25,2013 Bid# W2013-51-B Original Contract Amount: $ 1,059,559.41 From: 30-Oct-13 To: 30-Dec-13 Revised Contract Amount: $ 1,059,559.41 Project Start Date: 13-Aug-2013 Contractor: Wilson Contractor Services,LLC Est.Completion Date: 30-Dec-2013 Cal.Days 107 Bell Ave.,Suite 3 Denton,Texas 76201 Allotted: 140 Used: 140 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount BASE BID (Birmingham Street to East Brown Street) 1 24"Water Line by Open Cut w/Std Embedment L.F. 1,142 1,147 145 1,147 $198.65 $ 227,851.55 2 24"WL by Dry Bore w/42"OD Steel Pipe L.F. 325 320 0 320 $524.86 $ 167,955.20 3 24"Water Line by O.C.w/Conc.Encasement L.F. 20 0 20 $161.40 $ 3,228.00 4 20"Water Line by O.C.w/Std Embedment L.F. 2,140 2,380 0 2,380 $106.51 $ 253,493.80 5 20"WL by Dry Bore w/36"OD Steel Pipe L.F. 430 0 430 $400.56 $ 172,240.80 6 20"Water Line by O.C.w/Conc.Encasement L.F. 10 0 10 $236.75 $ 2,367.50 7 14"Water Line by O.C.w/Std Embedment L.F. 21 0 5 $194.36 $ 971.80 8 12"Water Line by O.C.w/Std Embedment L.F. 71 81 10 81 $74.34 $ 6,021.54 9 12"WL by Dry Bore w/24"OD Steel Pipe L.F. 138 0 138 $237.32 $ 32,750.16 10 12"Water Line by O.C.w/Conc.Encasement L.F. 10 0 0 0 $170.50 $ - 11 24"Butterfly Valve w/Extended Operator Ea. 4 3 4 $7,981.50 $ 31,926.00 12 20"Butterfly Valve w/Extended Operator Ea. 2 0 2 $6,920.50 $ 13,841.00 13 16"Butterfly Valve w/Extended Operator Ea. 1 0 1 $6,200.50 $ 6,200.50 14 14"Butterfly Valve w/Extended Operator Ea. 1 0 1 $6,355.50 $ 6,355.50 15 12"Gate Valve w/Extended Operator Ea. 7 0 7 $2,200.00 $ 15,400.00 16 8"Gate Valve w/Extended Operator Ea. 1 0 1 $1,420.05 $ 1,420.05 17 4"Comb.Air Release Valve w/4'Dia. Manhole Ea. 2 0 2 $9,453.39 $ 18,906.78 18 6"Blow-off Valve w/4 Diameter Manhole Ea. 3 0 3 $9,281.19 $ 27,843.57 19 12"Blow-off Valve w/5'Diameter Manhole Ea. 1 1 1 $12,346.15 $ 12,346.15 20 Connect to Existing Waterline Ea. 4 5 1 5 $2,450.00 $ 12,250.00 21 Sawcut Existing Pavement L.F. 54 0 54 $10.00 $ 540.00 22 Replace 4"Ty-D HMAC Pvmt&6"Flex Base S.Y. 24 24 24 $86.00 $ 2,064.00 23 Replace Existing 4'Reinf.Concrete Sidewalk S.Y. 32 0 32 $129.50 $ 4,144.00 24 Solid Block Sod Bermuda Grass(10'wide) S.Y. 3,893 7,745 3,852 7,745 $2.80 $ 21,686.00 J\CLERICAL\Wyhe12006-127 SH 78 WL\Pay RequestWay-Req_Fmal xlsx MONTHLY PAY ' QUEST Page 2 of 3 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount 25 Storm Water Pollution Prevention Plan L.S. 1 0 1 $800.00 $ 800.00 26 Trench Safety Plan&Trench Safety Systems L.F. 3,414 3,643 229 3,643 $1.15 $ 4,189.45 27 Hydromulch Seed&Fertilizer L.S. 1 0 1 $3,100.00 $ 3,100.00 28 Traffic Control Plan&Devices Mo. 4 1 4 $300.00 $ 1,200.00 29 Storm Water Pollution Prey.&Erosion Control L.S. 1 0 1 $6,825.00 $ 6,825.00 30 Contengencies Allowance L.S. 1 29.35% 33.85% $35,000.00 $ 11,848.12 30 Owner's Contingency Allowance Breakdown($35,000 Maximum) Furnish&Install 16"Water Line by 5A Open Cut w/Std.Embedment L.F. 5 5 5 $46.67 $ 233.35 Furnish&Install 16"Gate Valve 8A w/Extended Operator Ea, 1 1 1 $650.00 $ 650.00 9A Furnish&Install Fire Hydrant Assembly Ea, 1 1 1 $2,504.26 $ 2,504.26 Remove&Replace Existing 6" 17A Flexible Base Driveway S.Y. 31 31 31 $22.35 $ 692.85 31A-1 Additional Fittings Tie-in at Sta.0+00 L.S. 1 1 1 $1,803.79 $ 1,803.79 Labor to Install Additional Fittings Tie- 31A-2 in at Sta.0+00 L.S. 1 1 1 $721.52 $ 721.52 Restocking Charge for 42"Steel 32A Encasement L.S. 1 1 1 $540.00 $ 540.00 Restock Two 22.5d bends&Replace 33A w/Two 45d bends L.S. 1 1 1 $702.35 $ 702.35 Excavator Crew Locating Existing 14- 34A inch Water Line Days 2 2 2 $2,000.00 $ 4,000.00 Subtotal:Owner's Contingency Items $ 11,848.12 MATERIALS ON HAND $ - Prepared and Recommended by: BIRKHOFF,HENDRICKS&CARTER,L.L.P. Total Amount $ 1,069,766.47 Professional Engineers,Dallas,Texas (Texas Firm F526) By: )7 .—i ___-...--- ' ,_ , I* ' '4-4 4-Mar-14 Less Amount Retained 0% $ - Joe l'.Carter,P.E. Date Total Amount Payable $ 1,069,766.47 i Accepted by Contractor: Less Previous Payments $ 945,050.90 WILSON CONTRACTOR SERVICES, LLC By: Amount Due This Request $ 124,715.57 Date Approved by Owner: CITY OF WYLIE,TEXAS By: Date J\CLERICAL\Wylte\2006-127 SH 78 WL\Pay RequestWay-ReqFinal xlsx MONTHLY PAY ' QUEST Page 3 of 3 Quantity Quantity Complete Total Item in Revised This Work Contract Extended No. Description Unit Proposal Quantity Request Completed Price Amount MATERIALS ON HAND: Invoice INVOICE INSTALLED Material Number Description Unit Price Qty. Amount Qty. Amount Still on Hand 4606203 OPS 24" Steel Casing $ 40.50 138 $ 5,589.00 138 $ 5,589.00 $ - 4606204 OPS 42"Steel Casing $ 108.00 325 $ 35,100.00 325 $ 35,100.00 $ - 4864801 OPS 24"Casing Spacers $ 124.50 55 $ 6,847.50 55 $ 6,847.50 $ - 4864801 OPS 20"Casing Spacers $ 112.00 74 $ 8,288.00 74 $ 8,288.00 $ - 4864801 OPS 12"Casing Spacers $ 76.00 23 $ 1,748.00 23 $ 1,748.00 $ - 4864801 OPS 24"End Seals $ 113.00 6 $ 678.00 6 $ 678.00 $ - 4864801 OPS 20"End Seals $ 91.50 12 $ 1,098.00 12 $ 1,098.00 $ - 4864801 OPS 12"End Seals $ 55.50 2 $ 111.00 2 $ 111.00 $ - 3118552 24"MJ BFV $ 3,000.00 4 $ 12,000.00 4 $ 12,000.00 $ - 3118552 16"MJ BFV $ 1,550.00 1 $ 1,550.00 1 $ 1,550.00 $ - 3118552 14"MJ BFV $ 1,450.00 1 $ 1,450.00 1 $ 1,450.00 $ - 3118552 4"Comb.ARV $ 705.00 1 $ 705.00 1 $ 705.00 $ - 3121647 20"C905 DR18 PVC $ 39.35 240 $ 9,444.00 240 $ 9,444.00 $ - 3121663 24"C905 DR18 PVC $ 57.35 100 $ 5,735.00 100 $ 5,735.00 $ - 3121663 20"C905 DR18 PVC $ 39.35 640 $ 25,184.00 640 $ 25,184.00 $ - 3121664 20"C905 DR18 PVC $ 39.35 480 $ 18,888.00 480 $ 18,888.00 $ - 3121665 20"C905 DR18 PVC $ 39.35 640 $ 25,184.00 640 $ 25,184.00 $ - 3114673 20"C905 DR18 PVC $ 39.35 640 $ 25,184.00 640 $ 25,184.00 $ - 3113613 24"MT Tee C110 5 3,998.56 2 $ 7,997.12 2 $ 7,997.12 $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - , $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - 0 0 $ - 0 $ - 0 $ - $ - TOTAL: Materials-on-Hand $ 192,780.62 $ 192,780.62 $ - J\CLERICAL\Wyhe\2006-127 SH 78 WL\Pay RequestWay-Req_Final xlsx CITY OF WYLIE, TEXAS STATE HIGHWAY 78 WATER DISTRIBUTION LINE (BID:#W2013-51-13) CHANGE ORDER NO. 1 A. INTENT OF CHANGE ORDER. The intent of this change order is to modify the provisions of the contract entered into between the City of Wylie. Texas and Wilson Contractor Services. II,C. 107 Bell Aye, Suite ,. Denton, Texas 76201,for construction of the State Highway78 Water Distribution Line (Bid #W2013-51-B). dated June 25,201 3, B. DESCRIPTION OF CHANGE I. Revise the length of 20-inch water line to account for location of tie-in to 14-inch water line different than originally planned. 2. Revise the length of 12-inch water line to avoid interference with existing 12-inch water line 3 Revise quantity of solid block sod Bermuda grass per City direction. 4. Miscellaneous revisions regarding connection at Sta. 0+00 on plans due to different configuration than originally planned. 5. Add cost for contractor location of existing l4-inch waterline different than originally planned. C. EFFECT OF CHANGE ON CONTRACT AMOUNT This change order will hare the following effect on the cost of this project Item Prev ions Quantity Revised Amount No. Description Quantity This C.0, Quantity Unit fait Price of Change I — 24 W L by Open Cut v./Stir:Embedment 14142 S : 1.147 L. S198:65 $993:25 2 24"R'L by Dry Bore w'42 Steel Encase .(325 (5) 320 L:I $524;86 ($2.624301 4 20 W.L.by Open Cutw /SW Embedment 2.140 140 2.280 LF SI06.51 S14911.40 7 14 W.L.by Open Cut wl Std.Embedment 21 (6) _.. 15 L:F. $194.36 ($1 166.16) 12'W 1, by Open Cut w7 Std Embedment 71 10 81 I .F $74.34 $743 40. 10- 12 W.L.by Open Cut vdConc,Encase 10 _(10), 0 LF $I70.50 ($1,70500) 20 Cornice to Existing Rater Line . ,--4 I 5 Ea $2.450.00 $2,450,00 24 : Solid Block Sod Burmnda Grass. 3,893 3,852 7,745 S.Y. $2.80 $10,785.60 26 Trench Safety Plan&Systems - .1,414 229 ' 3.643 L F. SI 15 $263.35 90 Owner's Contiin2enaes Allowance .1 41384% 58616% L.S. $35,000,00 ($14,484,48) Total: :' ... S10,16706 jam , )diredd ddi woo .ni6os.l ,o i dt.r March 11201,0 Page /oft: City of Wylie State Highway 78 Water Distribution Line (Bid W2013-5I-B) ... Change Order No. 1 Original Contract Amount $ 1,059-559.41 Change Order No.1. $ i0,167.06 Revised Contract Amount . 5 1,069,726.47 D. EFFECT OF CHANGE ON CONTRACT TIME The Aork required under this change order will add no calendar days to this project Original Contract Time 140 calendar days Change Order No,1 0 calendar days Revised Contract Time: 140 calendar days The completion date for the project will be res ised as follows Notice To Proceed Issued August 13,2013 140 Calendar Day s Bid .c.,,d ..... ..,. . Decembei 30.3013 (Original Completion Date) E. AGREEMENT By the signatures below of dutyauthorized agents, the City of Wylie. Texas and Wilson Contractor Services, LI,C do hereby agree to append this Change Order No. I to the original contract between themselves, dated June 25, 2013. City of Wylie Wilson Contractor Services,LLC Owner ,,�pd,_,( Contractor i. By By. fm, dl•� t .zmturc) Pitt, ,yg ( ature) f>,Name. Name: H,b�4 i rilJ�K a. (4leaseprinii P (pleasse-f,rinp t itle: title t/1'f p Cectde-n (please punt) (pl aveprnhi Date Date: .,$ 1,7 / Attest. Attest: / ,.✓cxy e S am Gi . aras :_e a M.,.ar.o.;£ ,.o an. Iifm ch 11 2014) Page 2 of CONTRACTOR'S AFFIDAVIT OF. FINAL PAYMENT AND RELEASE THE STATE OF 'TEXAS § § COUNTY OF COLLIN . § BEFORE ME,the undersigned authority,on this day personally appeared Weldon Wilson CAffiant ),mho, after beirigby me duly sworn.deposes and says that he:is President:: , of Wilson Contractor Services,LLC (corporation,partnership,trade name) of County,:State of Texas(the Contractor"),which said Contractor was awarded the contract dated the 25'1'. day of June, 20 13 , fat the construction of State Highway 78 Water Distribution Line(Bid#W2013-51-B) in The City of Wylie,Texas,..... - (the"Work").for a total consideration of Dollars to be paid to the said Contractor(the "Contract),and that Affiant has full power of authority to make this affidavit That The City of W}lie,Texas (the Owner')has approved the final estimate on said Work,and that the said Contractor has fully satisfied and paid any and all ulamu that may be covered by Chapter 53 of the Texas Property Code.:and Article 5160 of the Revised Civil Statutes of the State of Texas,of any other applicable statutes or charter provisions, and that all just bills for labor and materials have been paid and discharged by said Conti actoraisofar as they pertam to the Work in question That in addition to any funds which may have been previously paid hs the Owner,:the Contractor hereby accepts the amount of $124.715 57 Donal s a5 FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waives and releases any right ,Aftiant and/or the Contractor may have to.pursue claims of any nature against the Owner arising:out of or in any manner connected with the performance of the Woik and/or the Contract, including but not limited to claims of third parties that supplied material and/or labor`for the Work for or through She Contractor:("Subcontractors"), as well as claims for delay, additional compensation of for recovery of liquidated damages which may have been withheld by the Owner. The Contractor shall defend,:hold harmless and indemnify the Owner from any such claims of such Subcontractors: The Contractor further releases the Owner from any claim or liability arising from:any act or neglect of the Owner related to of connected with the Contract. This affidavit is given pursuant to the final pay rent provisions of the Contract,and shall not be deemed to alter:or modify the terms and provisions of said Contract Wilson Contractor Services.LLC Bv s //ti�;;,1l} �,9q (Attie ,/ 4 p^ • (Primed Name) SUBSCRIBED AND SWORN TO BEFORE ML,this the 21 day of d7,'1.FffS-t( .A.D. 2014 I ?�'' P TPICIA HOLTWILSON /Lt'f,L .L'e. } /,it L,� <.✓ cs*isSiom,xPIRES (iNc4tary'Public,m and for the State of Texas) x. R l tk.w. as x I tiNte et le ih Zit jam. /3. (Punted arm.et Nome)) My Commission Expires d- f i )t,'AS ,da,mr „ , a4,n. Aadl.i_o.. Wylie City Council AGENDA REPORT Meeting Date: March 25, 2014 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 5, 2014 Budgeted Amount: Exhibits: 1 Subject Hold a Public Hearing, and consider, and act upon, approval of a Replat for Woodbridge Crossing, Block A, Lots 11R & 12R, adjusting the boundary (property lines) for two commercial lots on 2.1456 acres, generally located south of F.M. 544 and approximately 735 feet west of Springwell Parkway. Recommendation Motion to approve, a Replat for Woodbridge Crossing, Block A, Lots 11R & 12R, adjusting the boundary (property lines) for two commercial lots on 2.1456 acres, generally located south of F.M. 544 and approximately 735 feet west of Springwell Parkway. Discussion Owner: Woodbridge Crossing,LP %Direct Development Applicant: David Petree Surveying The purpose for the Replat is to realign property boundaries of the two lots to accommodate the development of Lot 11R. The western boundary of Lot 11R shall shift to the east. The properties total of 2.1456 acres currently on two lots; Lot I IR consists of 0.8908 acre and Lot 12R consists of 1.2548 acres. The property located within the Woodbridge Crossing Shopping Center. All existing utility easements including fire lane and access shall remain unchanged. A site plan proposing the development of Lot I I R is on the current agenda for the Commission's consideration. This Replat complies with all applicable technical requirements of the City of Wylie. P&Z Commission Discussion The Commission recommends approval 5-0, subject to additions and/or alterations to the engineering plans as required by the Engineering Department. (Rev 01/2014) Page 1 of I. � (N)//w....r ,5/N D WG„ OW PG. ,2 D g 1 FARM MARKET ROAD N O . 5 4 4 «, OA sr�,,�,.,s A ZD RIGHT-OF-WAY, .E/E.uNF- ..-/0 15' 30. BO' SCALE /7 o I POINT OF BEGINNINGI1 VSICINITY MAP oo' /D N 89'44'08"E-233.08' oo,swncv�(cvo N 895Yi4"E ..c.T. �i3� 0 117.50' �s/"rc..a. —,.R�—__115.58' 8058' °s/e'0... ( 4) ) •ON'ER NH00500TM THEREFORE.Know ALL MEN er THESE PRESS ( .. \ _ 3. -- STATE OF YEWS r VOL. SMT E STATE OF TEXAS COUNTY OF W e5 _ r_ C° N T WOODBRDGEYCgRO55DlG LP.,A uniORtt I, N 007530"E C \ �c M s WOODDO DGE CROSSING,L THROUGH.DESIGNATING TH DOES EEHPR sEBY ADOPT THIS oEDAVID SEWATSOfJE FaREGOTOGMN N WHOSE I - 40.00' �3 Imo- V CT 3 .P.RCC.. LOTS 11R 2&12R 2HB OCK ABOVE DGE CROSSING ANAME IS SUBSCRIBED TO THE STRUMENT,AND V/ s/a',.v_s a P.re.,.c r. 6e p N AND ACKNOWLEDGED TO ON E THATEREIN PE EXECUTED THE SAME FOR THE PURPOSE -- De t,Q{ �'l J - _ - ADDITION.STREETS, Tinv1F`�'° FOREVER.WATER ESMT. - WATER - _ '' HEREBY DEDICATE.Ali - - ovEMENTs __ N 89'44'30"E V o.P.RC.c.I. 3 - - v P T G T ..- F GATED GIVEN UPON MY HAND AND SEAL OF OFFICE THIS- _DAY OF ---'---I o COLON uto BLOCK OA of COF EASEMENTS FD PUBLIC USE OREVER. z0t4. I-_ J--I 17.50' THE c n o WOiED co CROSSING co TS,.AND BEING ALL OF c tt�OTEX s AN SHOWN. DEDICATED, N THIS v P PUBLIC e��c�cs�FENCES ------ ADDITION G FORTH.PLAT FERECORDEDNIN .EESS.SHRUBSFOR STREET RORDOTHE�IMPROVEMENTS GROWTHS SHALL FENCES. 'F Io E ,3 ACROSS NTS T urvtt TEXASPARTICULARLY DESCRIBED BY ENTTSTMA NOTARY uBUC IN AND FOR THE STATE OF TIXPS COUNCIL OF PAGE i.ND uxos FOLLOWS, PLACED IN LANDSCAPE N InocmON,UTILITY aECINN Nc AT A s/a T RNER TMs o�oRF�HEL on EASEMENTS aF. BLOCK.A.OF SAID WOODBRIDGE IRON CROSSING CO C UTILING LOCATED IN THE SOUTH UNLESS THE ITIES DESIRING ENT LIMITS THE USE 0 USING NPARTIGTHE SAME Ui ES. .4 w .LOTUR2 LOT f2R 2 OF FARM MARK.MARKET ROAD NO..s44 cA 120 FOOT B SUBORDINATE r0 THE _ 0.8908 AC. l. 1.2548 AC. ) ' PUBLICS ° 0 sU 's MENCE ST THESE ESE W BY.THESE PRESENTS: TM • O Aq O�+ON E D "T °.E OTHER' coccece co ecoo,„,cc,TE,,,,,,,,,,,,THE Nos.,u,, BUILDINGS.FENCES.TREES,SHRUELS OR THIS PLAT aafELRI _ • ry. R to 51 GD,13 S4u o B T-OF-WAY.E OF SAID R B soaD N R AURVEY'OF THE LAND AND THAT THE o o D SHOWN THEREON PLACE N • cy `R,DO"7"0 G"t F 2 E '' B E OOT O EM 0 D y BDVSON°re CE F THE CP'°F WYLIE CE WiH•iM1 FOR CORNER W ,VOOD9 L.O)'R OF INGRESS A.EGRESS TO OR FROM THEIR RESPECT.ECONSTFUCTNG • THEW as sT a EAST FOR A DISTANCE W W - • h PATROLLING,MAINTAINING, METERS. D / MRSE'FOR THE NORTH EAST CORNER00 AU Y 'Un SAME BEING THE NORTHWEST'CORNER O CPROCURING o Lrc .• c. pI� 5 n BLOCK A.WOODBRIDGE• CROSSING ACCORDING PERMISSION FROM ANYONE.THIS P1AT APPROVED SUBJECT TO A.LL 1 PREOFESSION.REGISTERED..RECRD IP W.V.TSPA „3 .Z... RULES, REGULATIONS AND RESOLUTON E OF ND SURVEYOR NO lass i� ry i`N OPUB.RECORDS/F COLON TEXAS, HE Ctt OF INANE TE .O O 2 h E 3°'EAST AND DEPARTING THE SOUTH THAT THE STREET o COVENANTS AND AGREES T < y , SOUTH NE OF SAID FARM TO MARKET ROAD No UNDERSIGNED (0 ALONG THE COMMON LINE WITH SAID LOT 13R-1,A DISTANCE OF WYLIE D(TISH UZED BY TT.O CITY N FOR THE 'I P _ •BE E TEXAS DE.R.ENT CIF BEING 1,1E SOUTH WEST CORNER OF SAD LOT 13R-1. D BENG. UL S ALTER,RE' NS'FU COUNTY OF - j NO - wRSTREET FACIunESE TOGETHERM�ES ALL°ICCEpEAL RMAL PERPETUALLY F OAWS VOL. DITON.ACCORDING TO TIE pgG UNtt,GExa1 F THE OFFICIAL T PUBLIC RECORDS OF COLLIN THER7F RECORDED IN VOLUME ILOCAEEDMIN ENTS.IN UPON AND ACR.S CCJUNttERTAIN RTExAs pROPER, BEFORE EWND PElREE K THE N 0 DEED ALITHORI,,ON TTH NHOSE L.71Y0.P 3 VOL. 3 AND AY EXECUTED fHE SAME FOR THE PURPOSE NRPEIVAILLY ALMNNTAIN ADDITIOMAL FACILITIES.OR ANY PART i ACKNOWLEDGED TO E � .. .i. OPRS �M ITHECE 0 SAID THEREOF. DCONSIDERATION TIMT.ERENOSTATED. F { DISTANCE 1 �HWEST C RNN co csa LOT FOR OPERA MHO nis I HIS DAY PERSONALLY ATER ESMT. r(-1 r71 �, pL 20°9 G 3,D 3, p �--L- R SAME BENG NORT `H AGLTES °N MY HAND ANp E L DF°FFGF THO DA °F 0„/ D 5. ESMT GIVEN �_ 1 L- a''a ='•°'1 L L 16 _ '^°^'' a 1 L. - a RESTORE THE creEIE SETSURFACE OPERATION TTHER REPAIR AS CLOSE To THE /% • i WAS FOUND BEFORESUCH WORK -- I THENCE E OF 15.00 FEET To WHICH REASON..PRACTICABLE,E% Ore ('''") •X SET 0F0 AND BENG N THE STRUCTURES wTHN THE STREET EASEMENT S).7 C i cDNu ,N ro -� WEST LINE ID LOT 1T ALSO BEING THENORTHEAST WERE REMOVED ASARESULT OF SUCH WORK. OF SAID R, S 89'44'30"W-18226' — ccT.115 LOT raft THEREOF c ADDITION, NOTARY PUBLIC N AND FOR THE STATE°F TEXAS I corvc 13500' nv"rosrRic i340 - 0 THE CEP.. THERE/ RECORDED N VOLUME 7121 u -tj 7.__ ._ -_. _ F THE/F=Ctu.PUB OE COLL.�cNCY, v1TNEs.,VI,HAMD,THE THE _.DAY OF zot<. , 15 N 89'44'30"E- 148.90' sue;S 015.00'"E TEXAS: H MNc 'T c: :'/c. or, 15:00' THENCE sou,as.11 37 WEST AND ALONG THE COMMON LINE WOODBRIDGE CROSSNG,LP 1 PFJ U_E..,L a/Sc.,-Rc" W.14R-1 A DISTANCE FOR GARNER OF 14890 FEET TO AN x N CONCRET BWARE u TED PARTNERSBP - _ N FOUND E WOODBRIDGE CROSSING GP. Ij 1 THENCE Na DISTANCE of NG ALONG AI AN A.DELAWARE OMIT./LwelOtt CO MPAnn LANE OF LOT 1.-1 A NORTH Nzsz62LFc 'I 24 - ACCESS VOL.2010,Pe 3 MT- O .OD 10N '0 IN CONCRETE SET FOR CORNER. ITS GENERAL PARTNER l 0, G^P_ iHENCEOMORTH 05 4 3 DISTANCE OF I NO FEET TO A 4. IL G 5/a" ROO SET FOR CORNER,' DAND S.WATSON CK ' P. O OBRID�2MIO,C G1. THENCE NOR.OP 15.30'WEST.A DISTANCE OF 4000 FEET TO 1 �UL , THE POINT OF BEGINNING ANO CONTAIN NG 214%ACRES OR --.-_ aCUNO P' W00 0' 93..2 MARE FEET OF LAND MORE OR LESS - -- - � AR• CRUSSFG I, a 40 SO'o0O,C C1. FINAL PLAT OF ���� THE UNIEFE CROSSING gptt SECRETARY OF THE CITY OF WYLIE.TEXAS HEREBY Ohs "RECOMMENDEDDER FOREGOING REPEAT AS LOTS 11R_2&12R 2.BLOCK•A•. WOODBRIDGE CROSSING ADDITION I1, HE PURPOSE OF,IS PLAT E TO REDMENEION LOTS 11R,AND, DATE olo TO THE G F,WAANOAS Uo�EL a°ORMa00 LOTS 11R-2 & 12R-2, BLOCK 'A' o SELLING A PORTION OF IE ADOInGN BY METES AN/Bassos'rD F N.H.A o THEa" D IS FINES AND CItt 0,VP.,TEXAS E ACCEPTED THE DEDICAnON OF STREETS.ALLEY.PARKS. wTHH/NOINc OF UTILITIES ANDEBuAinllacAaEreMlT3.A" Sc ENT,PUBLIC IN am,UPON SAID pwcEE.AND WATER AND SAE COUNCIL FEWER LINES AS SHOWN ANDus..AUTHORIZES THE SET FOR,R TO TE OWN.(LOTS„,R-,&,2R-,7 SURVEYOR BEING A REPEAT OF 2.1456 ACRES OF LAND .N a "ERE°"A w000eR.00E c GaF'Iieo iN APPRovEo FOR coxsrnucn°N• THE M1E SCMA HAND THEREOF e°Y SIGNING 00 NAME AS HERBNABCVE SUBSCRIBED. z 6° LOTS 11 R-1 & 12R-1 BLOCK 'A' OF o2 R r c/a RDIRDECT CROSSING. °TOAl00om9a9eo.OF THE GEED RECORDS OF COLON D Y OF _..A.D..zDl a. REGISTERED PROFESSIONAL NO. 90 WOODBRIDGE CROSSING ADDITION, AN ADDITION ODUN7 INSTRUMENT NO.20 As PER GEED ro MAYOR CTY°F INTO..EXAs -- DATE -- '' DO��D4�o'°°S 9':so334 4 SURVEYOR TO THE CITY OF WYLIE, TEXAS, 4)ACCORDING TO THE¶DEAL EMERGENCY MANAGEMENT AGENCY WATSON D�2t4) 4500 AS RECORDED IN VOL. 2010, PG. 113 OF THE INSURANCE ADMINI OUNTY, I .A� OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS INSURANCN RATE MAP- O.00os°7 FLOOD H.0F°ECTIVE DATE of"CEMBER 19. CITY°F WY CITY LIE FEBRUARY 18, 2014 -R Y SHOWN H NOT E WITHIN AN AREA OF TEXAS COMMUNITY RRUTp,M PANEL 1297. o'YEAR FLOOD. MAYOR,CITY OF WYLIE.TEXAS DATE -.. / ' _-.__. . - VOLUME , PAGE_-_-, O.P.R.C.C.T... , Wylie City Council t �g .�.w fi AGENDA REPORT Meeting Date: March 25, 2014 Item Number: 2. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 4, 2014 Budgeted Amount: Exhibits: 4 Subject Conduct the 1st Public Hearing for the annexation of approximately 62 acres of land situated in the Francisco De La Pina Survey, Abstract No. A0688, Collin County, Texas, generally located west of E. Stone Road and approximately 1,600 feet south of Brown Street. 2014-01A Recommendation Conduct Public Hearing only. No action is necessary. Discussion Property Owner: Cross Country Villas, LLC Applicant: Douglas Properties,Inc. This annexation is at the request of property owners of three tracts of land. The subject tracts are contiguous to existing city limits on the western side, while properties to the north, south and east are within unincorporated Collin County. The applicant desires to bring the subject tracts into the city and eventually develop it as a combination of uses including,but not limited to assisted living, medical complexes, and single family dwellings. Exhibits attached: Exhibit "A" Legal Description; Exhibit "B" Survey; Exhibit "C" Concept Plan; Exhibit "D" Service Plan Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings March 12, 2014. and March 19, 2014 First Public Hearing March 25, 2014 Second Public Hearing April 8, 2014. Adoption of Ordinance April 22, 2014 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. (Rev 01/2014) Page 1 of 1 DEED DESCRIPTION BEING a 61.989 acre tract or parcel of land situated in the Francisco De La Pina Survey, Abstract No.688 in the City of Wylie, Collin County,Texas, and being comprised of the following tracts of land; a 1.500 acre tract of land conveyed to DOT MARIE KREYMER recorded in Volume 5066,Page 02965, Collin County Deed Records, Collin County,Texas, a 3.465 acre tract of land conveyed to Crosscountry Villas, LLC,a Texas limited liability company recorded in Clerk's File No.20131120001562630, Real Property Records, Collin County,Texas,a 36.61 acre tract of land known as Tract I, a 0.49 acre tract of land known as Tract II both Tracts of land conveyed to CROSSCOUNTRY VILLAS, L.L.C.,a Texas limited liability company recorded in Clerk's File No. 20110812000853240, Real Property Records, Collin County,Texas, a 4.00 acre tract of land conveyed to Crosscountry Villas, LLC recorded in Clerk's File No. 20130524000716080,Real Property Records, Collin County,Texas, a total of 13.1309 acres of land and being Tract l(3.00 acres) and Tract II (10.1309 acres) conveyed to ROBERT KREYMER and wife, PHYLLIS KREYMER recorded in Volume 2967, Page 275, and being a part of a 10.1309 acre tract of land known as Tract I and a part of a 3.00 acre tract of land known as Tract II conveyed to ROBERT KREYMER AND WIFE, PHYLLIS KREYMER Recorded in Volume 2967, Page 268, Deed Records, Collin County,Texas and being more particularly described as follows: BEGINNING at the southeast corner of that tract of land described to Crosscounty Villas, LLC recorded in Clerk's File No. 20131120001562630 and being in the approximate centerline of County Road 382; THENCE North 89 degrees 34 minutes 52 seconds West,a distance pf 427.87 feet along the south line of said Crosscounty Villas, LLC to the southeast corner of that tract of land described to CROSSCOUNTRY VILLAS L.L.C., recorded in County Clerk's file No. 201181200053240 Real Property Records,Collin County,Texas; THENCE along the southerly and westerly line of said CROSSCOUNTRY VILLAS L.L.C.tract the following courses and distances: South 89 degrees 52 minutes 06 seconds West, a distance of 295.63 feet; North 89 degrees 18 minutes 02 seconds West, a distance of 804.71 feet; South 89 degrees 52 minutes 38 seconds West, a distance of 679.48 feet to the southwest corner of said CROSSCOUNTRY VILLAS L.L.C.Tract; North 00 degrees 21 minutes 29 seconds West a distance of 648.73 feet; South 89 degrees 43 minutes 13 seconds East, a distance of 263.10; North 00 degrees 16 minutes 47 seconds East, a distance of 118.84; South 89 degrees 43 minutes 13 seconds East, a distance of 414.86; North 00 degrees 16 minutes 47 seconds East, a distance of 210.47; South 89 degrees 45 minutes 00 seconds East a distance of 195.20 feet to the southwest corner of aforementioned 10 1309 acre Tract II conveyed to ROBERT KREYMER and wife, PHYLLIS KREYMER recorded in Volume 2967, Page 275, Deed Records, Collin county,Texas; THENCE North 00 degrees 14 minutes 16 seconds East, a distance of 532.19 feet along the west line of said KREYMER tract and the west line of aforementioned KREYMER 10.1309 acre tract conveyed in Volume 2967,Page 268, Deed Records Collin County,Texas; THENCE over and across said KREYMER 10.1309 acre tract and the 3.00 acre tract conveyed in Volume 2967, Page 268, Deed Records Collin County,Texas; South 76 degrees 11 minutes 00 seconds East,a distance of 419.07 feet; North 13 degrees 54 minutes 40 seconds East, a distance of 235.02 feet; THENCE South 76 degrees 11 minutes 34 seconds East a distance of 899.29 feet to the northeast corner of herein described tract and being in the approximate center of County Road 382; THENCE along or near the center of County Road 382 and the easterly lines of the following: all aforementioned KREYMER tracts recorded in Volume 2967, Page 268,Volume 2967, Page 275 and Volume 5066, Page 2963, Deed Records, Collin County,Texas, and all aforementioned CROSSCOUNTRY VILLAS L.L.C.Tracts recorded in County Clerk's Files No.'s 20130524000716080, 20131120001562630 and 20110812000853240 of the Real Property Records of Collin County,Texas; South 00 degrees 00 minutes 58 seconds East, a distance of 449.46 feet; South 00 degrees 08 minutes 20 seconds West, a distance of 474.02 feet; THENCE South 00 degrees 06 minutes 57 seconds West a distance of 506.81 feet to the POINT OF BEGINNING and containing 61.990 acres more or less. THE ABOVE 61.990 ACRE DESCRIPTION IS A COMBINATION OF THE ABOVE ADJOINING DEEDS.THIS DESCRIPTION IS FOR INFORMATION PURPOSES ONLY. NO SURVEY HAS BEEN PREFORMED ON THE GROUND AND THIS DOCUMENT IS NOT TO BE RECORDED FOR ANY PURPOSE , 4.30(0.1.34.74,10:&:„. HARRY L. DICKENS 5939 of r -_- '10..-.---- -xi Ne l 29-W 619,73_ - ? 7+ 3 : ? � ' to 1 4 P 1 ' A L I 1 5)1 IV ft t'l le git iF1 g 44 111 6 1r .,-I 111 ' ig . 1� J -fl i 1i 1 i_ t I I_ - _109'14'16-E 53.l9',_':: 1� r' N: { r A s I ,---, 2 7 -Of ' 1 II ' 11 11., t PI R t 1 I ,1 o / / ,.=.'' 500'06'57-W 506.61' STOW - $00'06'2013 474.02 ROAD S00'60 56-E 646 46' lid- r � ` -- ' € I€ c s 1< s s s s s s c s il i €� # ' iiag #�#€C pI4 ae 1 i# I it iI i# €#E. EiE. 3l S1. itE. 31E. U jifhi I! 1pIIIIIMIWH 11111 Iffiit iliffif If if if 'f if If if if II il Hit 114/401111 g� 41 1 liNk5 F 1 # t 1 ;I 11 lI cause411 1 F1 1 ,1 1 1 44#] i[ [fVf OM 4siij 3 is 1 11t [ f 5 s 5 5 S 5 f : x 5 S 1 f E[Qi IW(ilitikili 2,17171,1,14!:5•1 c 2013 Westwood Professional Services, Inc. DEED DESCRIPTION cc S.N. No. 78 •,,,/. d 0 40ra FAQ'ELECTRIC COOPERATIVE WC. BEING a 61.989 acre tract or parcel of land situated in the Francisco De La Pina Survey, ro ao' m w° m 87 Abstract No.688 in the City of Wylie, Collin County, Texas, and being comprised of the DRCCT sitosto co following tracts of land; a 1.500 acre tract of land conveyed to DOT MARIE KREYMER 0? E. Brown Street ;5. m et rig: >, recorded in Volume 5066, Page 02965, Collin County Deed Records, Collin County, Texas, a o .?" L 3.465 acre tract of land conveyed to Crosscountry Villas, LLC, a Texas limited liability o a oII • > r > °� company recorded in Clerk's File No. 20131120001562630, Real Property Records, Collin AL yyy y, N 13 54 40 E 235.02 - s>sy +i = tia, 1'3¢" o a� County,Texas, a 36.61 acre tract of land known as Tract I, a 0.49 acre tract of land known vat 5BA?i Pep! '-` lav `s 350.08 awketio $� as Tract II both Tracts of land conveyed to CROSSCOUNTRY VILLAS, L.L.C., a Texas limited _N • DRCCT. ittI `. s�11 '3,¢>,0,58‘ f a in \ E. Stone Drive 8 liability company recorded in Clerk's File No. 20110812000853240, Real Property Records, MitiiitViettiatMOVA 99.29> Collin County,Texas, a 4.00 acre tract of land conveyed to Crosscountry Villas, LLC S`� > 578, recorded in Clerk's File No. 20130524000716080, Real Property Records, Collin County, GRAPHIC SCALE 1"=100' 8 / SUBJECT CT s•1 t 00"f tT34" S#g Texas, a total of 13.1309 acres of land and being Tract I (3.00 acres) and Tract II (10.1309 Alanis Drive - 4I9,07, - 27 acres) conveyed to ROBERT KREYMER and wife, PHYLLIS KREYMER recorded in Volume 100 0 100 200 ,614,6460,716 04. 2967, Page 275, and being a part of a 10.1309 acre tract of land known as Tract land a part ,�, - - - - of a 3.00 acre tract of land known as Tract II conveyed to ROBERT KREYMER AND WIFE, i 44, PI�i4S _ - PARXAROS4 LTD. PHYLLIS KREYMER Recorded in Volume 2967, Page 268, Deed Records, Collin County, R. ... ' NEORU ENTAa Texas and being more particularly described as follows: VICINITY MAP /1�7FL�G/TNa `o 20QB � BEGINNING at the southeast corner of that tract of land described to Crosscounty Villas, NOT TO SCALE 2� t' DRCCT. ORQQT46,844108,P448,4110111101841840,414 1! - LLC recorded in Clerk's File No. 20131120001562630 and being in the approximate La - , id* of County Road 382; TRACTS .4- torn THENCE North 89 degrees 34 minutes 52 seconds West, a distance pf 427.87 feet along lili:111:1? 10009 Aare in i Si";Li iiii iii;ititil i TRACT A - `r it the south line of said Crosscounty Villas, LLC to the southeast corner of that tract of land 434005 Squarer Feet bal �,�� W described to CROSSCOUNTRY VILLAS L.L.C., recorded in County Clerk's file No. QATED WEPE NT LIVNVO z Squire N OAPoIER LEWIS K„.; 2OX9978qusre Fsef 03 201181200053240 Real Property Records, Collin County, Texas; o n Valens Peps � of O THENCE along the southerly and westerly line of said CROSSCOUNTRY VILLAS L.L.C. tract ORCCT. vs 9 the following courses and distances: 18 N South 89 degrees 52 minutes 06 seconds West, a distance of 295.63 feet; g ag ,,, ,, „, „,, ,,,,,,. , .4„,.„„ws,,,„,,,,A,,,,,,„,,,,,,,,,,,,, oilleiWie North 89 degrees 18 minutes 02 seconds West, a distance of 804.71 feet; S89'45'00"E 19 -� aim ..,, x witriotefattenr7/1,14441anonsfeAp hilleo. r„.". pon ens ...4, 4n o eAlietillirEterritli.11.1044.Callienkm,,,,,jp,e area at! firs � South 89 degrees 52 minutes 38 seconds West, a distance of 679.48 feet to the southwest corner of said CROSSCOUNTRY VILLAS L.L.C. Tract; DR IfORTON TEXAS North 00 degrees 21 minutes 29 seconds West a distance of 648.73 feet; NB7FiUIENT Na 7 14. �` I South 89 degrees 43 minutes 13 seconds East, a distance of 263.10; 2004062500094410 / LAIIYDALE g ORCCT N00'1 • 1 0.47'---- A�1oDONALD North 00 degrees 16 minutes 47 seconds East, a distance of 118.84; to-p4.0,4momatio - TODD and KIN BRAA�R ` '� / R=325.00 DRCCT. South 89 degrees 43 minutes 13 seconds East, a distance of 414.86; Jy87RUMENTNa 2007'80800107 9090 ! L=284.14' ew e.0 and KIM BRAANER T-t51.87 North 00 degrees 16 minutes 47 seconds East, a distance of 210.47; H0044001007 /497/i N16VTAb QRCCT CH=275.17' itmeettetwitutteanis*mot 20070808000779000 A=50105'21" I South 89 degrees 45 minutes 00 seconds East a distance of 195.20 feet to the DRQCT lidaWiaBstaCB=S65'02'57'W southwest corner of aforementioned 10.1309 acre Tract II conveyed to ROBERT ,JOE and . S89'43'13"E 414.86' I d KREYMER and wife, PHYLLIS KREYMER recorded in Volume 2967, Page 275, Deed TOLLESON a '47"E 118ielato .84'--- Att • 3 DANIEL A. RLSLI Records, Collin county,Texas; FILENG ': > %':c • _ _ _ _ _ pT THENCE North 00 degrees 14 minutes 16 seconds East, a distance of 532.19 feet along the 20100122000070150 DRCCT. / west line of said KREYMER tract and the west line of aforementioned KREYMER 10.1309 '43'13"E 263.10' / 0 acre tract conveyed in Volume 2967, Page 268, Deed Records Collin County,Texas; 15, JOIN A ends r _ _ _ _ y TOUCHSTONE THENCE over and across said KREYMER 10.1309 acre tract and the 3.00 acre tract ,..: conveyed in Volume 2967, Page 268, Deed Records Collin County, Texas; YATES . ROAD RE A>a 98 00 - South 76 degrees 11 minutes 00 seconds East, a distance of 419.07 feet; i pRCCT ; North 13 degrees 54 minutes 40 seconds East, a distance of 235.02 feet; la amp P0800 ti: sII ,• / I 5 THENCE South 76 degrees 11 minutes 34 seconds East a distance of 899.29 feet to the: 1;4 0:41:::::::::::::::::::::::40 691 northeast corner of herein described tract and being in the approximate center of County taltalernipp fro ` )4431061,OVA Road 382; ABBY GAY /e e• C SffE E Va1ms 878Q peps - b 2 THENCE along or near the center of County Road 382 and the easterly lines of the 44:011:44 ORCCT. Tar 4aAar 6 I — — L77 8 following: all aforementioned KREYMER tracts recorded in Volume 2967, Page 268, ( s BAY Volume 296fore entie 275oned and Volume RY 066, Page L.L.C.296rDacd Records, nlCo County ty,Clerk's Texas, MI wane 4 and all aforementioned CROSSCOUNTRY VILLAS LLC Tracts recorded in County Clerk's GUY L. and I- 141114; IP. 6 Files No.'s 20130524000716080, 20131120001562630 and 20110812000853240 of the CATES \ 0^f) 3 DR-C;T. ' Real Property Records of Collin County, Texas; 44V-/ygipf, ///ya, ` ti:::::::::144,7:::$44::::::::117:!,!.: Mill © South 00 degrees 00 minutes 58 seconds East, a distance of 449.46 feet; e'G070627gOG9BC190 eStrAil6niAl \\\\ ' South 00 degrees 08 minutes 20 seconds West, a distance of 474.02 feet, DRC;C;T. 4 8 THENCE South 00 degrees 06 minutes 57 seconds West a distance of 506.81 feet to the sics w \ / / POINT OF BEGINNING and containing 61.990 acres more or less. tl4L" v --------47 / • - — — — — — — — _ Mil � HILLTOP cn ` amiloye r0 CIRCLE astiv.Asto ,, . . vostostitfo.44•1,4,y. 14 ,T, it ems bwerit „,,,,..„„„„„,,,,„,,,,...„,,,,,,,,,,A,,,,,,b.,„ pito f 2 JOIN and YANYU •: - INTte(netarlaill Oa s EAKiLAR mVow S89'52'06"W 295. 3' N89'34'52"W 427.87' -_____________— PLACE OFr ORCCT. S. • MEREDITh/PACKARD N�LI4M J. :'� j 11 KA7} EEN AL KERN CARROt CALYIN HOLLEY PRANCES MORGAN WESLEY C .1011E3 NORTH BAY ESTA • - 35 CONCEPT PLAN BE7}lANY LYI1�V PACKARD PHYLLIS J. : VaYms 4TJCS Pestops 1094 and BEVERLY KAY HOLLEY A87NI VT Na FIE ENat ga-001784s PHASE 2 of F�ENa9aoaea FZEnragfaoe DRCCT. V ne Pea DRCCT. 34DRCCT. 61 .990ACRES DRCCT. DRCCT. DRDGT. OJ�CCT OUT OF THE -- --- FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 Nsp.vtrach4 . . ,a - IN COLLIN COUNTY, TEXAS ENGINEER/SURVEYOR: 2740 North Dallas Parkway TIPTON ENGINEERING Suite 280 Plano, Texas 75093 01 a division of Westwood 214 473-4640 M Firm No. F-11756 MARCH 11 , 2014 0003172 City Concept Plan.dwg EXHIBIT "D" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA CROSS COUNTRY VILLAS TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: XX-XX-XXXX ACREAGE ANNEXED: 61.990 acres SURVEY, ABSTRACT & COUNTY: Francisco De La Pina Survey, Abstract No. A0688, Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as EXHIBIT "D" determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. EXHIBIT "D" E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. EXHIBIT "D" 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. EXHIBIT "D" J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. ` Wylie City Council AGENDA REPORT Meeting Date: March 25, 2014 Item Number: 3. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: March 04, 2014 Budgeted Amount: Exhibits: 4 Subject Conduct the 1st Public Hearing for the annexation of approximately 6.210 acres of land situated in the Lewis M. Marshall Survey, Abstract No. 594 and the William Patterson Survey, Abstract No. 716, which is contiguous and adjacent to the City of Wylie, in Collin County, Texas, generally located south of Parker Road, east of the City of Parker boundary and west of Rita Smith Elementary School. Recommendation Conduct the 1st Public Hearing only. No action is necessary. Discussion Property Owner: Creekside Development VII, LLC Applicant: Creekside Development VII,LLC This annexation is at the request of property owners of a single open space tract of land. The subject tract is contiguous to existing city limits on the northern, eastern, and southern sides, while properties to the west are within the city limits of Parker. The applicant desires to bring the subject tract into the city to create connectivity between Phase VII to the south and the Estates of Creekside to the north. Exhibits attached: Exhibit "A" Legal Description; Exhibit "B" Survey; Exhibit "C" Approved Final Plat; Exhibit"D" Service Plan. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings March 12, 2014 and March 19, 2014 First Public Hearing March 25, 2014 Second Public Hearing April 8, 2014 Adoption of Ordinance April 22, 2014 (Rev 01/2014) Page 1 of 2 Page 2 of 2 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. ANNEXATION EXHIBIT COLLIN COUNTY,TEXAS BEING A 6.210 ACRE TRACT OF LAND SITUATED IN THE LEWIS M. MARSHALL SURVEY, ABSTRACT NO. 594 AND WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716, COLLIN COUNTY, TEXAS; BEING A PORTION OF A CALLED 23.014 ACRE TRACT OF LAND DESCRIBED IN THE GENERAL <WARRANTY DEED TO CREEKSIDE DEVELOPMENT VII, LLC, RECORDED IN INSTRUMENT NO. 20130722001018620, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, (O.P.R.C.C.T.), SAID 6.210 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8-INCH IRON ROD FOUND FOR THE MOST EASTERLY SOUTHEAST CORNER OF SAID 23.014 ACRE TRACT OF LAND SAME BEING THE SOUTHWEST CORNER OF LOT 1, BLOCK A OF RITA SMITH ELEMENTARY SCHOOL, AN ADDITION TO THE CITY OF WYLIE ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2007, PAGE 459, PLAT RECORDS OF COLLIN COUNTY, TEXAS (P.R.C.C.T.), AND BEING IN THE NORTH LINE OF RIVERCHASE, PHASE THREE, AN ADDITION TO THE CITY OF WYLIE ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET 0, PAGE 262, P.R.C.C.T.; THENCE SOUTH 88°29'55" WEST ALONG THE COMMON LINE OF SAID 23.014 ACRE TRACT OF LAND AND SAID RIVERCHASE ADDITION, A DISTANCE OF 458.65 TO A 5/8-INCH IRON ROD FOUND FOR CORNER IN THE EAST LINE OF SAID 23.014 ACRE TRACT AND BEING THE NORTHWEST CORNER OF SAID RIVERCHASE ADDITION; THENCE ALONG THE COMMON LINE OF SAID 23.014 ACRE TRACT AND SAID RIVERCHASE ADDITION, THE FOLLOWING: SOUTH 01°01'36" WEST, A DISTANCE OF 231.60 FEET TO A 5/8-INCH IRON ROD FOUND FOR CORNER; SOUTH 00°27'33" WEST, A DISTANCE OF 191.03 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED°BURY+PARTNERS"FOUND FOR CORNER SOUTH 00°15'43" EAST, A DISTANCE OF 33.84 FEET TO A POINT FOR CORNER; THENCE SOUTH 88°44'46" WEST, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 23.014 ACRE TRACT OF LAND, A DISTANCE OF 265.62 FEET TO APPOINT FOR CORNER IN THE WESTERLY LINE OF SAID 23.014 ACRE TACT OF LAND SAME BEING THE EASTERLY LINE OF THAT CALLED 59.544 ACRE TRACT OF LAND DESCRIBED IN THE GENERAL WARRANTY DEED TO ESTATES AT CREEKSIDE PARKER ' I, LLC, RECORDED IN INSTRUMENT NO. 20130722001018540, O.P.R.C.C.T., AND BEING IN THE APPROXIMATE CENTERLINE OF MUDDY CREEK; THENCE ALONG THE COMMON LINE OF SAID 23.014 ACRE TRACT OF LAND AND SAID 59.544 ACRE TRACT OF LAND AND GENERALLY ALONG THE CENTERLINE MEANDERS OF MUDDY CREEK,THE FOLLOWING: NORTH 55°28'45"WEST, A DISTANCE OF 85.53 FEET; NORTH 02°19'47"WEST,A DISTANCE OF 52.48 FEET; NORTH 17°29'42" EAST, A DISTANCE OF 115.92 FEET NORTH 32°59'14" EAST,A DISTANCE OF 235.76 FEET; NORTH 11°38'26" EAST,A DISTANCE OF 98.35 FEET; NORTH 32°50'40" EAST, A DISTANCE OF 116.64 FEET; S:\SUR\0102039 Lafayette\30004 Creekside\6.210 ACRES.docx Page 1 of 3 ANNEXATION EXHIBIT COLLIN COUNTY,TEXAS SOUTH 89°34'55" EAST,A DISTANCE OF 200.75 FEET; NORTH 70°41'40" EAST, A DISTANCE OF 159.49 FEET; NORTH 50°28'06" EAST, A DISTANCE OF 230.20 FEET; NORTH 17°42'09" EAST, A DISTANCE OF 206.26 FEET; 1 NORTH 02°47'32" EAST, A DISTANCE OF 117.40 FEET; NORTH 29°07'43"WEST,A DISTANCE OF 80.48 FEET; NORTH 59°58'11"WEST,A DISTANCE OF 89.27 FEET; NORTH 65'54'21"WEST,A DISTANCE OF 56.64 FEET; NORTH 31°09'02"WEST, A DISTANCE OF 10.41 FEET TO A POINT IN THE NORTH LINE OF SAID 23.014 ACRE TRACT OF LAND AND BEING IN THE WESTERLY SOUTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO ALFRED FALL MONROE, RECORDED IN VOLUME 4094, PAGE 2830, DEED RECORDS OF COLLIN COUNTY, TEXAS; f THENCE ALONG THE COMMON LINE OF SAID 23.014 ACRE TRACT OF LAND AND SAID MONROE TRACT OF LAND, THE FOLLOWING: NORTH 89°38'28" EAST, A DISTANCE OF 210.58 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"BURY+PARTNERS" FOUND FOR CORNER; SOUTH 03°44'23" WEST, A DISTANCE OF 152.48 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"BURY+PARTNERS" FOUND FOR CORNER; SOUTH 02°15'56" WEST, A DISTANCE OF 104.95 FEET TO A 5/8-INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "BURY+PARTNERS" FOUND FOR THE SOUTHERLY SOUTHWEST CORNER OF SAID MONROE TRACT OF LAND AND BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED LOT 1, BLOCK A OF RITA SMITH ELEMENTARY SCHOOL ADDITION; THENCE SOUTH 06°53'32" WEST, ALONG THE COMMON LINE OF SAID 23.014 ACRE TRACT OF LAND AND SAID LOT 1, BLOCK A, A DISTANCE OF 536.00 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 6.210 ACRES OF LAND, MORE OR LESS. BEARINGS AND DISTANCES CALLED FOR HEREIN ARE BASED ON THE GENERAL WARRANTY DEED RECORDED IN INSTRUMENT NO. 20130722001018620, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT Of,T ,r1 k TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY c� G-s r I: .' {� EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY - THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE ••• ' i ..wis.i• � ww w.. �POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. DAV1 . RDT , \.,........r!.08 .60,"::::::z..: 4,,. 1.,E S:\SUR\0102039 Lafayette\30004 Creekside\6.210 ACRES.docx Page 2 of 3 1 \1/4......____ / L21 LEGEND -..... f IRE IRON ROD FOUND -- ..-----i L20 4,0 oe ALFRED FALL MONROE CIRF 5/ 8—INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY 4- PARTNERS" FOUND 'n ,._ta D.R.C.C.T. DEEDS RECORDS. tn r,- (.41% VOL, 4094. PG 2830 COLLIN COUNTY, TEXAS U — ow DRCCT P.R.C.C.T. PLAT RECORDS, . . ee COLLIN COUNTY, TEXAS 0 tn 0.P.R.C.C.T. OFFICIAL PUBLIC RECORDS co 03 COLLIN COUNTY, TEXAS -4 •4 VOL./PG. VOLUME/PAGE 14.1 la CABIPG. CABINET/PAGE > > ix IX f C., D I 2 0 _. ..., 1 0 0 ce r ..:( a, E x 5"(c...4•b\1,..\'\ ('' 1 4, 01- •N`a ta Q 0 L2-1J .g CITY OF PARKER CITY LIMITS \91 I CITY OF WYLIElri LOT 1, BLOCK A . I RITA SMITH ELEMENTARY Q ) --.1 SCHOOL VOL 2007, PG. 459, PRCCT be)•40";.:1,t-r to ‘>0 1,0'\4306C L12 imm cy.. c, 1,o 04- moon PORTION OF A 0 100 200 4",,‘.., :::. If CALLED 23.014 ACRES -0"‘ ‘ CREEKSIDE DEVELOPMENT VII. LLC PONT or orommvo 1"=200' .co \ an LIMITS (.0 INST. NO. 2013072200101 auo OPRCCT A. 0 :..,- 1 .5/8"RAT 5/8'tor (mu L1 (Cu) 6.210 ACRES OPEN SPACE A-1, z PRIVATE PARK 2 DRAINAGE AND UTiu-ry EASEMENT 8 R1VERCHASE, PHASE THREE CAB. 0, PG. 262, PRCCT ••., r'S LINE DATA LINE DATA a& ) LINE # BEARING DISTANCE LINE # BEARING DISTANCE 5/8"!RP APPROXIMATE CENTERLINE \(CU) L1 58829'55"W 458,65' 115 N17•42'09"E 206 26' , OF MUDDY CREEK Z L2 51'01'36"W 231.60' 116 N2'47'32"E 117 40' 3 L3 50'27'33"W 191.03 L17 N29'07'43"W 80 48' _ r- 14 SO'15'43"E 33.84' L18 N59'58'11W 89,27' ..1 . CITY CIRF L5 S88'44'46"w 265.62' 119 N65'54'2 rw 56.64' OATS 4 ow or Irrem Ne -J L6 N55'2845"W 85.53' L20 N31'09'02"w 10.41' i 1 I-5 I L7 14219'47"w 52.48' 121 N89'38'28"E 210.58' CALLED 23,014 ACRES L8 N1729'42E 115.92' L22 S3'44'23"W 152.48' CREEKSIDE DEVELOPMENT VII, LLC INST. NO. 20130722001013620 19 N32'59'14E 235.76' L23 5215'56W 104.95' OPRCCT NOTES: LIO N11'38'26"E 98.35' L24 S6'53'32"W 536.00' BEARINGS AND DISTANCES CALLED FOR HEREIN ARE BASED ON THE LI1 N32'SO'40"E ii 6.64' ,.. ... GENERAL WARRANTY DEED RECORDED IN INSTRUMENT NO, L12 S89'34'55"E 200.75' 20130722001018620, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, , TEXAS. L13 N70'41'40"E 159,49' , •*.t. . k\ LI 4 N5028.06"E 230,20' THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT M / ...i 00000 •• • — •• ••• 4\ REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS V DAT . DT/ NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL • PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR %.i / • ' •rf.e s‘0.-"0. ', ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS , 4 0 Iecti \1/4.C.1 PREPARED. BURY ANNEXATION EXHIBIT CREEKSIDE 5310 Harvest Hill Road,Suite 100 Dallas,Texas 75230 DEVELOPMENT VII, LLC Tel.(972)9914)011 Fax(972)991.0278 COLLIN COUNTY, TEXAS TBPE 4 F-1048 TBPLS#F-10107502 Copyright 0 2014 PAGE 3 OF 3 DATE: 02/24/1 41 DRAWN BY: EAP I FILE:S:\SUR\01020,39 LAFAYETTE\30004 CREEKSIDE\10203904—PH—VII—ANNEX EXB.DWG /1- — Ng rilli ---1 liEii6l ESE illV7iiiiiiiiiiiTiNiifili 1/1111101i 114/1111 1 /MI Oil ' tlt - t 1:11g9:1?3 - re Mt ; sR0a! it$nliliWilM1411 `,,... \ '\ / \ , fittiUUtit;fi y " / li 7 is yA5A ° ¢i -` \ r -`/pg5 4,00 ° g a �1' r °'�&a 1` K i i+i i'w a a 6. y ,_. 1. Y.mm .: v t � g 55 p,, . .: ..:.� ..LA.[Y1 N.L Oii ! bZ.AAMCrl7fA+C7 7, 3iii, " -_.es. , 7 pp gg ' t t--- 2 "-.1 •-•,-4-- !-- 1!111 itt, ili "Ilk", a ' 6 5 4 i 8 * a 4ss A. ttt 11 _` 3 ; , _ .M ppM OLKr.l'r...Ca I .� IA 1 r +1 pp n y qc I ! _ r _ ) i m i11 RI iilfl ■ff 11 m�_ II 141 I. 1op i ;°�$ ¢illitI hi meet ,L�. ,r- ,.." 1 1 11 010/ �3�t� 6y YI t i z q I 'A� a1 #9�is / '�1 w F Eli i 0 � i of 6 q' �) �1 .if t� '� 7! Ill ; f . N 1 , 1# 1.4 .0 -12 1,,.., /1 '-, . al, lifil 1 ; $33t A i.4 .... ti �c,it(7 -i r 1 %1 ` t " ; p a m = 2 t '.t 1'. nrrr wow ro. " =' gl ` g g q b �-- R -i atr1Yt1 M_ '�� .._. i i01C+7'i�_. MIT - 'y -- '�. hiP t:44.0 _ GAME.10 Min'WPar 9 $ EXHIBIT "D" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA CREEKSIDE PHASE VII TRACT ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: XX-XX-XXXX ACREAGE ANNEXED: 6.210 acres SURVEY, ABSTRACT & COUNTY: Lewis M. Marshall Survey, Abstract No. 594 and the William Patterson Survey, Abstract No. 716, which is contiguous and adjacent to the City of Wylie, in Collin County, Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of EXHIBIT "D" topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4, The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. EXHIBIT "D" E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. EXHIBIT "D" 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half (4 1/2) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. I. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years EXHIBIT "D" from the effective date of the annexation ordinance and substantially completed within four and one-half(4 1/2) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: March 25, 2014 Item Number: 4. Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: March 11, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District (NTMWD) Board to fill an expired term and begin the new term of June 1, 2014 to May 31, 2016. Recommendation A motion to appoint, to the North Texas Municipal Water District (NTMWD) Board to fill an expired term and begin the new term of June 1, 2014 to May 31, 2016. Discussion The Board of Directors of the North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member Cities for assuring that NTMWD operations occur in accordance with state and federal law, in alignment with NTMWD policy, and in the best interests of the Cities receiving services. In accordance with the statute creating the District (Article 8280-141), the qualifications of a director include the following: "No person shall be appointed a Director unless he resides in the city from which he is appointed. No member of a governing body of a city and no employee of a city shall be appointed as a Director."Under other state law,no other government official that receives compensation could be appointed. NTMWD's existing Board (18 member cities) is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board, thereby gaining experience and contributing the necessary leadership. This provides the maximum benefit in order to assure the city's needs are met in the most effective manner. All NTMWD programs provide service based on cost to serve, with all cities provided equal treatment. Therefore, NTMWD policy established by the Board of Directors affects cost,performance and quality of service. The City of Wylie has two board members on the NTMWD Board; Mr. Marvin Fuller whose term expires May 31, 2014 and Mr. Bob Thurmond, Jr. whose term expires May 31, 2015. NTMWD is requesting that by majority vote, the Wylie City Council reappoint Mr. Marvin Fuller or appoint another Director to serve a term from June 1, 2014 to May 3], 2016. Mr. Fuller has agreed to serve another term if appointed. The City Council will need to make this appointment before the term expires May 31,2014. Pagel oft NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity March 4, 2014 Ms. Mindy Manson, City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 RE: NTMWD BOARD MEMBER APPOINTMENT Dear Ms. Manson: This is your official notification that Mr. Marvin Fuller's term of office as an NTMWD Board Member expires May 31, 2014. The City Council, by a majority vote, should reappoint Mr. Fuller or appoint another Director to serve a term from June 1, 2014, to May 31, 2016. In accordance with the statute creating the District (Article 8280-141), the qualifications of a Director include the following: "No person shall be appointed a Director unless he resides in and owns taxable property in the city from which he is appointed. No member of a governing body of a city, and no employee of a city, shall be appointed as a Director." Under other state law, no other government official that receives compensation could be appointed. The cities served by the NTMWD appreciate the work and effort expended by the appointed Directors. It is my practice to visit with new Directors in an orientation session prior to their first meeting; therefore, please notify my office in writing when the City Council has appointed a Director for the new term. Should you have any questions or need additional information, please do not hesitate to contact my office. Sincerely, ES M. PARKS -cutive Director JMP/mcf cc: . Marvin Fuller L./City Secretary 505 E.Brown Street • P.O.Box 2408 • Wylie,Texas 75098-2408 • Telephone:(972)442-5405 • Fax:(972)295-6440 614* y fi Wylie City Council r �;, AGENDA REPORT g„ ts$ or 1 Meeting Date: March 25, 2014 Item Number: WS-1 Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: March 19, 2014 Budgeted Amount: Draft of Proposed Ordinance; Exhibits: Draft Council Travel Policy Subject Discuss and provide direction regarding a proposed Code of Ethics for Council members and Board members, and a proposed amendment to the Council Rules of Procedures for a Travel Policy. Recommendation N/A Discussion This item is on the agenda at the request of Mayor Hogue and Councilwoman. Culver. The possible implementation of a Code of Ethics has been discussed in prior Council meetings. The attached draft is a proposed structure for a Code of Ethics for Council members and appointed Board members. There are current state laws regulating the conduct of local public officials covering items such as conflict of interest and gifts. The intent of the proposed Code of Ethics is to supplement those laws by adopting additional regulations addressing items such as the appropriate use of City letterhead and the misuse or disclosure of confidential infouiiation. The proposal also includes the appointment of a Board of Ethics that would consist of 5 members and 2 alternates whose responsibility would be to hear complaints or inquiries and make recommendations to Council for action. The Board members must live within the city limits and may not serve on any other Council appointed Board or Commission during their term on the Board of Ethics. The draft attached is not in a final form but is intended to identify the intent of the proposed ordinance. Also included is a draft Travel Policy which sets out conferences and meetings to be funded through the budget process as well as reimbursable travel expenses and per diems rates. There are currently no policies in place to address Council travel. (Rev 01/2014) Page 1 of 1 For elected officials and boards and commissions. It is the policy of the City Council of the City of Wylie to hold its members and the city's other appointed officials to the highest standards of ethical conduct. The City Council believes that it has a responsibility to make every reasonable effort to assure the citizens of Wylie that their elected and appointed officials will always place the public's interest above their own. To that end,the City Council has concluded that current state laws regulating the conduct of local public officials should be supplemented by adopting additional regulations for the city's elected and appointed officials and that city staff should be directed to provide, at least once a calendar year, educational programs to the city's elected and appointed officials on their legal and ethical obligations under state and local law, including, particularly, their obligation to avoid conflicts of interest. The council and mayor recognize that ethical issues will arise in the course of public service. It is the intent of the code of ethics: (1) To clarify which actions are allowed and which constitute a breach of the public trust and, specifically relating to the use of public office for private gain, employment and supervision of family members, gifts, conflicts of interest, improper use of confidential information or records, and other ethics matters not inconsistent with the Charter; (2) To establish a board of ethics empowered to issue advisory opinions so that elected officials and boards and commissions members may seek guidance about ethical issues connected with their service; and (3) To establish a system that enables citizens to report possible wrong doing and seek enforcement so that any breach of the public trust may be discovered and dealt with appropriately. Ethical Values. It is the official policy of the city that: (1) City officials shall be independent, impartial, and responsible to the citizens of the city; (2) City officials shall not have a financial interest, and shall not engage in any business, transaction, or professional activity, or incur any obligation that conflicts with the proper discharge of their duties for the city in the public interest. (3) The principles of personal conduct and ethical behavior that should guide the behavior of city officials include: a. A commitment to the public welfare; b. Respect for the value and dignity of all individuals; c. Accountability to the citizens of the city; d. Truthfulness; and e. Fairness. (4) Under such principles of conduct and ethical behavior, city officials should: 1 a. Conduct themselves with integrity and in a manner that merits the trust and support of the public; b. Be responsible stewards of the taxpayers' resources; and c. Take no official actions that would result in personal benefit in conflict with the best interests of the city. (5) To implement the purpose and principles set out above, the City Council has determined that it is advisable to enact rules of ethical conduct to govern city officials. It is the purpose and intent of city council to assure a fair opportunity for all of the city's citizens to participate in government, to adopt standards of disclosure and transparency in government, and to promote public trust in government. In addition to the Ethical Values defined above, the City Council has determined that the following criteria shall be adhered to by elected and appointed officials: Use of cell phones and electronic devices during meetings. City officials shall refrain from using cell phones or electronic devices during a meeting unless it is for the purpose of accessing agendas and information relevant to the agenda. Cell phones shall be turned off or put on vibrate during meetings. Should it be necessary to use a cell phone, city officials shall step out of the meeting. Text messaging and emails shall not be sent during a meeting unless it is an emergency. Use of City letterhead and logo. The City's name, letterhead and logo are not to be used for non-City business or purposes. City officials shall not use the City letterhead or other materials for personal correspondence, in connection with non-City business such as personal fund raising for charitable causes, endorsements, or other types of personal business. Examples of appropriate use of letterhead include a letter of appreciation to a Board member for their service or a letter of congratulations to a new Eagle Scout. Appearance on behalf of private interests of others. (1) A member of the City Council shall not appear before the City Council or any administrative board or advisory board for the purpose of representing the interests of another person or entity. However, a member of the City Council may, to the extent otherwise permitted by law, appear before any such body to represent the member's own interests or the interests of the member's spouse or minor children. (2) A city official who is not a member of the City Council shall not appear before the body on which he or she serves for the purpose of representing the interests of another person or entity, and shall not appear before any other body for the purpose of representing the interests of another person or entity in connection with an appeal from a decision of the body on which the city official serves. However, the city official may, to the extent 2 otherwise permitted by law, appear before any such body to represent the city official's own interests or the interests of the city official's spouse or minor children. Misuse and disclosure of confidential information. (1) It is a violation of this ethics code for a city official to violate V.T.C.A., Penal Code, § 39.06 (Misuse of Official Information), as amended. (2) A city official shall not disclose to the public any information that is deemed confidential under any federal, state, local law, or council rules. Restrictions on political activity and political contributions. (1) No city official or candidate for City Council shall meet with any employee or group of employees of the city for political campaign purposes while such employees are on duty. (2) No city official shall, directly or indirectly, coerce or attempt to coerce any city employee to: (a) Participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue; or (b) Refrain from engaging in any lawful political activity. (3) The following actions by city officials are not prohibited by this section: (a) The making of a general statement encouraging another person to vote in an election; (b) A solicitation of contributions or other support that is directed to the general public or to an association or organization; and (c) The acceptance of a campaign contribution from a city employee. (d) No city official shall use, request, or permit the use of city facilities, personnel, equipment, or supplies for the creation or distribution of materials to be used in a political campaign or for any other purpose in support of a political campaign. However, meeting rooms and other city facilities that are made available for use by the public may be used for political purposes by city officials under the same terms and conditions as they are made available for other public uses Board of Ethics. Creation and appointment. There is hereby created a Board of Ethics to consist of five members and two alternates. The purpose of the board shall be to issue advisory opinions and waivers on ethical issues arising under this article and to hear inquiries or complaints and issue findings and recommendations regarding alleged violations of this article. Prospective Board of Ethics members shall be interviewed by the entire City Council. 3 Qualifications. 1) All members must live within the city of Wylie city limits. 2) Members may not serve on any other Council appointed Board or Commission during their term on the Board of Ethics. 3) No City of Wylie employee can be on the code of ethics board Terms of appointment. 1) No member can serve more than 2 years. (With the exception of the inception to achieve staggered terms.) Removal. The unexcused absence of any member of the board from three (3) consecutive meetings, unless the board has excused the absence for good and sufficient reasons as determined by the board, shall constitute a resignation from the board. A member may be removed for inappropriate conduct before the expiration of the member's term. Before removing a member, the code of ethics board shall specify the cause for a recommendation of removal and shall give the member the opportunity to make a personal explanation. Then the recommendation shall be brought to the City Council for an official vote by council. If the recommendation is regarding a city council member that member shall be exempt from the vote Consultation with city attorney. The board of ethics may consult with the city attorney or a designee of the city attorney regarding legal issues which may arise in connection with this article and may request advisory assistance from the city attorney in conducting hearings on inquiries during any stage of the process. Advisory opinions and waivers. (1) Any current elected officials or board/commissions member or anyone seeking to become a elected officials or board/commissions member may submit a written request to the board of ethics for advisory opinions on whether any conduct by that person would constitute a violation of the code of ethics. The board of ethics shall render an advisory opinion pursuant to written rules adopted by the board, but in no case shall the board take longer than six (6) weeks from the time it received the request to issue an advisory opinion or to give written notice explaining the reason for delay and stating an expected issuance date. 4 (2) Any current elected officials or board/commissions member or anyone seeking to become an elected officials or board/commissions member may submit a written request for a waiver of any provision of the code of ethics. The board of ethics is empowered to grant a waiver if it finds that the waiver will serve the best interests of the city. The board shall issue appropriate notice of its meeting on the waiver and its meeting shall be open to the public. The board shall either issue or deny the waiver within six (6) weeks of receiving the request. Complaints or inquiries to the Board of Ethics. Any person may file an official written complaint or inquiry with the Board of Ethics asking whether a current elected officials or board/commissions member has failed to comply with this code of ethics. Prior to review by the Board of Ethics, the City Attorney shall first determine the following: a. If the Board of Ethics has jurisdiction over the alleged violation, and; b. If the alleged violation, if true,would or would not constitute a violation of this article. Subject to section and the rules adopted by the Council pursuant to section , the Board of Ethics shall: (1) Conduct a hearing in a meeting, which shall be open to the public on all official written complaints or inquiries which have not been dismissed pursuant to paragraph of section or resolved under paragraph of section . (2) Except as otherwise provided in this article, make public written findings and recommendations, if any, on complaints or inquiries. Board findings should characterize the seriousness of the violation, if any. (3) Inform the person who is the subject of the complaint or inquiry and the person who submitted the complaint or inquiry of its findings, and recommendations; and (4) If the board feels corrective action may be necessary, they must make their recommendations to the City Council in writing. The board may propose actions appropriate to the finding, ranging from a recommendation that the person abstain from further action on the matter or seek a waiver, to adopting a resolution reprimanding the person. Procedures for complaints or inquiries. The City Council shall adopt written rules to govern the Board of Ethics in order to create a process that is fair both to the person who submitted the complaint or inquiry and the person who is the subject of the complaint or inquiry. In addition to rules which the board may in its discretion adopt, the rules shall: (1) Establish time lines for all aspects of its handling of complaints or inquiries. The time lines shall be sufficiently long to enable a person who is the subject of a complaint or inquiry to have adequate time to understand the complaint or inquiry and prepare a 5 response. The rules shall allow the board to alter the time lines upon a request of the subject of a complaint or inquiry for more time to prepare; (2) Require the complaint or inquiry to be in writing on a form approved by the board, to be signed, and to show the home or business address and telephone number of the person who submitted it. The form shall contain a statement that must be signed and which states that, to the best of the person's knowledge, information, and belief formed after reasonable reflection, the information in the complaint or inquiry is true. The rules shall require the complaint or inquiry to describe the facts that constitute the violation of this code of ethics in sufficient detail so that the board and the person who is the subject of the complaint or inquiry can reasonably be expected to understand the nature of any offense that is being alleged; (3) Prohibit the board from accepting complaints or inquiries about actions that took place or became known to the complainant more than 6 months prior to the date of filing; (4) Require the board to notify the person who is the subject of the complaint or inquiry that a complaint or inquiry has been filed. The rules shall require the board to provide the notification in a timely manner, but no more than five (5) days from the day the complaint or inquiry was filed, provided that they shall require the board to notify the person who is the subject of the complaint or inquiry immediately if he or she so requests. The rules shall require the notification to include a copy of the full complaint or inquiry; a copy of any portion of this article that is alleged to have been or that may be violated; and the board's rules for dealing with complaints or inquiries; (5) Require the board to provide the subject of the complaint or inquiry with a copy of the complaint or inquiry before it provides copies to any other parties. The rules shall recognize that distribution to the public of a complaint or inquiry prior to screening by the board as required in below could harm the reputation of an innocent person and is contrary to the public interest; therefore, the rules shall prohibit the public release of the complaint or inquiry until the screening process in below has been completed; (6) Require the board or a committee of the board to meet within thirty-one (31) days of receiving a complaint or inquiry to screen the complaint or inquiry. The rules shall allow the board to immediately dismiss a complaint or inquiry if: c. The alleged violation is a minor or de minimis violation; d. The complaint or inquiry is, on its face, frivolous, groundless, or brought for purposes of harassment; e. The matter has become moot because the person who is the subject of the complaint or inquiry is no longer an elected officials or board/commissions member; f. The person who is the subject of the complaint or inquiry had obtained a waiver or an advisory opinion under section 2-54 permitting the conduct. 6 The rules shall require the dismissal and the reason for dismissal to be in writing and available to the public. (7) Allow the board, at its discretion, to make a finding solely on the basis of written arguments without holding a public hearing, if it determines that there is no significant discrepancy in the facts as presented by the person filing the complaint or inquiry and the person who is the subject of the complaint or inquiry; and the board determines that it doesn't need any additional information. However, the person charged retains the right to request a hearing, which shall be open to the public. (8) Require the board to have hearings at meetings, which are open to the public on complaints or inquiries, which have not been dismissed pursuant to paragraph of section or resolved under paragraph (7) of this section. (9) Allow any person who is the subject of a complaint or inquiry to designate a representative if he or she wishes to be represented by someone else, to present evidence, and to cross-examine witnesses. The rules shall allow the person who submitted the complaint or inquiry and the subject of the complaint or inquiry sufficient time to examine and respond to any evidence not presented to them in advance of the hearing; (10) Require deliberations on complaints or inquiries to be conducted in closed session; (11) Allow the board to dismiss a complaint or inquiry without a finding for or against the subject of the complaint or inquiry if the person committed the violation due to oversight and comes into voluntary compliance; (12) Allow the board to dismiss a complaint or inquiry if the person who submitted it does not appear at hearing and if, in the opinion of the board, it would be unfair to the subject of the complaint or inquiry not to have the opportunity to examine the person. The rules shall, however, require the board to schedule the hearing at a time that is reasonably convenient to both the person who submitted the complaint or inquiry and the subject of the complaint or inquiry; (13) Require the board to base a finding of a violation upon clear and convincing evidence; (14) Require the board to inform the person who submitted the complaint or inquiry and the subject of the complaint or inquiry in writing if it believes a complaint or inquiry is frivolous, groundless, or brought for purposes of harassment; (15) Prohibit members who have not been present for the hearing from participating in a recommendation; (16) Require that findings and recommendations be made only by a majority of the board; (17) Allow the board to consider, when it makes findings and recommendations, the severity of offense; the presence or absence of any intention to conceal, deceive, or mislead; whether the violation was deliberate, negligent, or inadvertent; and whether the incident was isolated or part of a pattern; 7 (18) Allow the board to issue an advisory opinion in response to a complaint or inquiry, in lieu of making findings and recommendations, where deemed appropriate by the board. Education. The city shall provide training and educational materials to city officials on their ethical obligations under state law and this article. Such training shall include at least one formal classroom session in each calendar year. All city officials shall must annually attend the formal training session offered by the city or equivalent training sessions conducted by the Texas Municipal League or similar organizations. The city also shall prepare and distribute brochures and other written materials on the subject to each city official at the time of his or her election or appointment to office. 8 Amendment to Council Rules of Procedures: Travel Policy Except for the trips specifically outlined below,travel at City expense by a Councilmember shall be approved in advance by vote of the Council. Funds shall be budgeted for all members of the Council to attend the following: 1. Texas Municipal League -Annual Meeting 2. Texas Municipal League - Elected Officials Conference(AMCC) 3. Collin County Day in Austin 4. Wylie Day in Austin 5. Additional funds shall be available for Councilmembers who are appointed to specific association or committee work at the local, state or federal level. 6. Appearance before or attendance at a legislative committee hearing when time does not allow for prior Council approval. 7. International Council of Shopping Center Conference for Mayor and/or Council designee. 8. Texas Municipal League - Newly Elected Officials Orientation for new Councilmembers only. With prior consent of the Council,funds shall be authorized for unscheduled and unanticipated trips as may be necessary for Councilmembers to meet with Federal or State agencies concerning City business. Per Diem Councilmembers shall be provided a per diem allowance as reimbursement for allowable meals in accordance with IRS rules following the rates indicated on the U.S. General Services Administration website,www.gsa.gov for the city of travel. Receipts are not required. Per diem funds may be requested in advance of travel or reimbursed after travel has taken place. The per diem rate will be adjusted for partial travel days. Any meals provided by a conference will be deducted at the per diem rate. Allowable Travel Expenses In addition to per diem, Councilmembers are eligible for reimbursement or direct pre-payment by the City for the following: 1. Meeting registration 2. Lodging 3. Internet charges 4. Airfare, including luggage charge 5. Automobile mileage at the current IRS rate per mile 6. Ground transportation (taxi, bus or shuttle) between airport and hotel 7. Ground transportation (taxi, bus or shuttle)within the visited city 8. Parking fees, including those for leaving a personal vehicle at the airport and for parking at the hotel Receipts are required for Allowable Travel Expenses. Any additional expense items not covered above required City Council approval for reimbursement. Spouse/Guest Attendance Spouses/guests are encouraged to attend authorized functions; however,the City shall not reimburse any expenses incurred by the spouse/guest of a Councilmember. Out of State Trips Councilmembers authorized to travel out of the state shall report back to the full Council regarding the content of the meeting during a Work Session following the trip. 1OF Oite y fi Wylie City Council r �,%t,= AGENDA REPORT g„ ts$ or 1 Meeting Date: March 11, 2014 Item Number: WS-2 Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: March 25, 2014 Budgeted Amount: Exhibits: 1 Subject Discuss and provide direction regarding a possible amendment to the Code of Ordinances as it pertains to no smoking regulations. Recommendation N/A Discussion This discussion item is at the request of Councilman Scott and Councilman Wintters. Our current Code of Ordinances regulates smoking and the use of tobacco products in municipal facilities and parks only. In researching options, cities have the ability to regulate smoking in municipal worksites, private worksites,restaurants, bars not in restaurants, and bars in restaurants. The University of Houston has an extensive data base of all Texas cities and their associated regulations. Attached is information that provides the names of cities, an identified protection level,population and so forth. The protection categories are municipal worksites, private worksites, restaurants, bars not in restaurants, and bars in restaurants. Based on each city's regulations, a number of 1 — 5 is assigned to that category with 1 being "no restrictions" to 5 being"100% smoke free". Included is a list of Collin County cities, Dallas County cities, all Texas cities sorted by population, and state- wide data. Based on that comparison data, it appears that Wylie is one of the least restrictive cities in Collin and Dallas counties. Should Council wish to move forward with considering some level of regulation, staff will work with the City Attorney on additional research such as how regulations would be implemented and enforced, and are existing businesses "grandfathered". During this review, it may also be logical to review any issues surrounding e- cigarettes. (Rev 01/2014) Page 1 of 1 Texas Munipalities with SHS Ordinances Page 1 of 1 List of Texas Municipalities with SHS Ordinances Collin County (n = 6) 02-06-2014 w7ETURti mgi is to Sort By: Municipality Directions for report generation: • Multiple columns may be sorted to sequence this report. • First, click on the Sort button of the least important column you wish to sort on. Then click on the next least important sort column, working up to the primary sort column. Only 3-4 columns can be sorted most effectively. • To change the sort order (ascending or descending) click the same column again. • When focusing on Population and/or Percent Minority, it may be more useful to screen for population range and/or a percentage minority range from the Create Report screen prior to requesting this report. P.ROTECTiON t.EvEa" DE'SCRIPTIWE INFOnivIATt©N Q ca: tip,1. J� e J� ...Jcr `tse „... A Gt0 ,�csa g47 47�� q; Q c Q` 0 Qy' Allen 5 1 2 2 2 84,246 35.08 3 Collin 6/10/2003 Frisco 5 5 3 1 1 116,989 32.84 3 Collin 11/7/2006 McKinney 5 5 5 1 1 131,117 35.52 3 Collin 7/20/2010 Murphy 1 1 3 3 3 17,708 45.13 3 Collin 5/3/1999 Plano 5 5 5 5 5 259,841 41.65 3 Collin 4/9/2007 Wylie 2 1 1 1 1 41,427 38.33 3 Collin 5/12/2009 100%© Smoke Free (5) - No smoking allowed in a particular setting; Moderate (4) - Designated smoking areas are allowed if separately ventilated; Mixed (3) - Coverage is partial due to exceptions, ambiguities, or legal issues; Limited (2) - Designated smoking areas allowed or required; No Coverage (1) - No restrictions on smoking. Minor exceptions may exist. Notes;Only known ordinances with SHS provisions in the settings listed above are Included.Population data is derived from the most recent Estimated Census and Minority%is derived from the 2000 Census.For descriptions of items reported and the rating criteria,please visit the Methods section of this website.This analysis is for research and evaluation purposes;it is not intended to be a legal opinion. This site Is partially funded by Contract x2.013-042091 from the Texas Department of State Health Services(TDSHS)to University of Houston Law Center. Last Updated: April 2013 Email Patricia Gray with questions or comments about this website. http://shsordinances.uh.edu/MuniList.aspx 2/6/2014 Texas Munipalities with SHS Ordinances Page 1 of 1 List of Texas Municipalities with SHS Ordinances Dallas County (n = 19) 02-06-2014 RIET9Fi+fT0 CRENIE pEPaRT') Sort By: Municipality Directions for report generation: • Multiple columns may be sorted to sequence this report. • First, click on the Sort button of the least Important column you wish to sort on. Then click on the next least important sort column, working up to the primary sort column. Only 3-4 columns can be sorted most effectively. • To change the sort order (ascending or descending) click the same column again. • When focusing on Population and/or Percent Minority, it may be more useful to screen for population range and/or a percentage minority range from the Create Report screen prior to requesting this report. PRO'TEICTION LEVEL• DESCRIPTIVE INiIORMATiON �caQk41r QtiR y QJ ?O J? y� Addison 2 2 2 1 1 13,056 46.45 3 Dallas 3/22/1988 Balch Springs 5 1 2 1 1 23,728 72.28 3 Dallas 6/23/2003 Cedar Hill 2 2 3 1 1 45,028 74.23 3 Dallas 2/8/2000 Coppell 1 2 2 1 1 38,659 33.94 3 Dallas 1/1/1999 Dallas 5 5 5 5 5 1,197,816 71.18 3 Dallas 12/10/2008 DeSoto 2 2 2 1 1 49,047 82.58 3 Dallas 9/19/2000 Duncanville 2 2 2 1 1 38,524 67.65 3 Dallas 6/19/1989 Farmers Branch 1 1 2 2 1 28,616 55.80 3 Dallas 2/2/1987 Garland 5 1 3 1 1 226,876 63.30 3 Dallas 2/21/2006 Glenn Heights 2 2 2 1 1 11,278 74.78 3 Dallas 4/3/1995 Grand Prairie 1 2 2 2 1 175,396 70.89 3 Dallas 2/4/1986 Highland Park 5 1 4 1 4 8,564 8.43 3 Dallas 3/26/2007 Irving 4 3 4 1 4 216,290 69.23 3 Dallas 2/5/2009 Lancaster 2 2 2 1 1 36,361 87.10 3 Dallas 1/1/1994 Mesquite 3 3 5 5 5 139,824 58.37 3 Dallas 3/16/2009 Richardson 5 5 5 2 2 99,223 41.95 3 Dallas 5/12/2008 Rowlett 5 5 5 1 1 56,199 38.51 3 Dallas 2/3/2009 Sachse 5 1 1 1 1 20,329 36.28 3 Dallas 4/17/1995 University Park 5 5 5 5 5 23,068 9.00 3 Dallas 2/16/2010 100% Smoke Free (5) - No smoking allowed in a particular setting; Moderate (4) - Designated smoking areas are allowed if separately ventilated; Mixed (3) - Coverage is partial due to exceptions, ambiguities, or legal Issues; Limited (2) - Designated smoking areas allowed or required; No Coverage (1) - No restrictions on smoking. Minor exceptions may exist. Notes:Only known ordinances with SHS provisions in the settings listed above are included.Population data is derived from the most recent Estimated Census and Minority%is derived from the 2000 Census. For descriptions of items reported and the rating criteria,please visit the Methods section of this website.This analysis is for research and evaluation purposes;it is not intended to be a legal opinion, This site Is partially funded by Contract A2013-042091 from the Texas Department of State Health Services(TDSHS)to University of Houston Law Center. Last Updated;April 2013 Email Patricia Gray with questions or comments about this website. http.//shsordinances.uh.edu/MuniList.aspx 2/6/2014 Texas Munipalities with SHS Ordinances Page 1 of 5 List of Texas Municipalities with SHS Ordinances Statewide(n = 273) 02-11-2014 *mom TO CREATE REPORT ) Sort By: Population, 0/0 Minority, County, PHR, Passage Date, Municipality Directions for report generation: • Multiple columns may be sorted to sequence this report. • First, click on the Sort button of the least important column you wish to sort on. Then click on the next least important sort column, working up to the primary sort column. Only 3-4 columns can be sorted most effectively. • To change the sort order (ascending or descending) click the same column again. • When focusing on Population and/or Percent Minority, it may be more useful to screen for population range and/or a percentage minority range from the Create Report screen prior to requesting this report. PROTECTION LEVEL' DESCRIPTIVE INFORMATION 4; CMsortt sort sort sort sort sort sort sort Houston 5 5 5 5 5 2,099,451 74.38 6 Harris 10/18/2006 San Antonio 5 5 5 5 5 1,327,407 73.40 8 Bexar 8/19/2010 Dallas 5 5 5 5 5 1,197,816 71.18 3 Dallas 12/10/2008 Austin 5 5 5 5 5 790,390 51.26 7 Travis 12/15/2011 Fort Worth 5 5 5 1 5 741,206 58.27 3 Tarrant 8/21/2007 El Paso 5 5 5 5 5 649,121 85.76 10 El Paso 1/2/2002 Arlington 1 1 5 1 5 365,438 55.12 3 Tarrant 3/18/2008 Corpus Christi 5 5 5 5 5 305,215 66.71 11 Nueces 12/16/2008 Plano 5 5 5 5 5 259,841 41.65 3 Collin 4/9/2007 Laredo 5 5 5 5 5 236,091 96.58 11 Webb 4/3/2006 Lubbock 4 4 4 1 1 229,573 44.28 1 Lubbock 7/12/2001 Garland 5 1 3 1 1 226,876 63.30 3 Dallas 2/21/2006 Irving 4 3 4 1 4 216,290 69.23 3 Dallas 2/5/2009 Amarillo 1 1 2 1 2 190,695 40.26 1 Potter 9/19/1989 Grand Prairie 1 2 2 2 1 175,396 70.89 3 Dallas 2/4/1986 Brownsville 5 5 5 5 5 175,023 94.27 11 Cameron 12/5/2012 Pasadena 5 5 5 1 5 149,043 67.30 6 Harris 2/2/2008 Mesquite 3 3 5 5 5 139,824 58.37 3 Dallas 3/16/2009 McKinney 5 5 5 1 1 131,117 35.52 3 Collin 7/20/2010 McAllen 5 2 4 4 4 129,877 88.30 11 Hidalgo 4/14/2008 Killeen 5 5 5 1 5 127,921 65.42 7 Bell 2/10/2009 Waco 2 2 4 4 4 124,805 54,15 7 McLennan 11/17/2009 Carrollton 2 1 4 3 3 119,097 53.75 3 Denton 8/24/1999 Beaumont 5 5 5 5 5 118,296 65.31 5 Jefferson 4/25/2006 Abilene 5 5 5 5 5 117,063 37.63 2 Taylor 12/21/2006 Frisco 5 5 3 1 1 116,989 32.84 3 Collin 11/7/2006 Denton 5 5 5 3 5 113,383 38.09 3 Denton 12/18/2012 Midland 2 1 2 2 2 111,147 48.12 9 Midland 5/26/2005 Wichita Falls 2 2 2 1 2 104,553 36.39 2 Wichita 11/5/2002 Odessa 1 1 2 2 2 99,940 58.48 9 Ector 6/26/2001 Round Rock 5 5 5 1 3 99,887 46,01 7 Williamson 11/14/2002 Richardson 5 5 5 2 2 99,223 41.95 3 Dallas 5/12/2008 Tyler 5 5 5 5 5 96,900 49.17 4 Smith 2/6/2008 Lewisville 2 2 5 5 5 95,290 50.38 3 Denton 7/2/2012 College Station 5 5 5 5 5 93,857 31.75 7 Brazos 9/23/2010 http.//shsordinances.uh.edu/MuniList.aspx 2/11/2014 Texas Munipalities with SHS Ordinances Page 2 of 5 San Angelo 5 5 5 5 5 93,200 45.64 9 Tom Green 11/15/2010 Pearland 5 5 5 5 5 91,252 51.21 6 Brazoria 11/19/2007 Allen 5 1 2 2 2 84,246 35.08 3 Coffin 6/10/2003 League City 3 3 5 1 1 83,560 31,81 6 Galveston 4/10/2007 Longview 4 4 4 4 4 80,455 43.78 4 Gregg 1/9/2003 Sugar Land 5 5 5 1 5 78,817 55.58 6 Fort Bend 9/4/2007 Edinburg 2 2 2 1 1 77,100 91.99 11 Hidalgo 7/7/1992 Mission 2 2 2 2 2 77,058 87.72 11 Hidalgo 3/14/1994 Bryan 2 1 2 1 1 76,201 56.99 7 Brazos 3/27/2001 Baytown 5 5 5 5 5 71,802 61.28 6 Harris 11/20/2006 Pharr 2 1 1 1 1 70,400 93.95 11 Hidalgo 7/16/1996 Missouri City 5 5 5 3 5 67,358 75.07 6 Fort Bend 6/21/2010 Temple 3 1 3 1 1 66,102 44.52 7 Bell 12/21/2006 Harlingen 5 5 5 1 5 64,849 81.99 11 Cameron 3/23/2005 Flower Mound 5 5 5 5 5 64,669 22.27 3 Denton 11/3/2008 North Richland Hills 5 2 2 1 1 63,343 25.34 3 Tarrant 10/27/1997 Victoria 5 5 5 5 5 62,592 58.18 8 Victoria 6/20/2006 New Braunfels 5 5 5 1 1 57,740 39.15 8 Carnal 2/14/2005 Mansfield 5 3 4 3 3 56,368 35.62 3 Tarrant 2/9/2009 Conroe 5 5 5 1 5 56,207 51.70 6 Montgomery 5/6/2010 Rowlett 5 5 5 1 1 56,199 38.51 3 Dallas 2/3/2009 Port Arthur 5 1 1 1 1 53,818 77.16 5 Jefferson 2/13/1996 Euless 2 2 2 2 2 51,277 44.72 3 Tarrant 7/12/1994 DeSoto 2 2 2 1 1 49,047 82.58 3 Dallas 9/19/2000 Cedar Park 2 1 1 1 1 48,937 30.71 7 Williamson 1/1/1988 Galveston 5 5 5 3 5 47,743 54.97 6 Galveston 9/23/2010 Georgetown 5 1 5 1 1 47,400 27.87 7 Williamson 11/28/2006 Bedford 2 1 2 2 2 46,979 26.54 3 Tarrant 5/27/1997 Texas City 2 2 2 1 1 45,099 58.96 6 Galveston 2/18/1998 Cedar Hill 2 2 3 1 1 45,028 74.23 3 Dallas 2/8/2000 San Marcos 5 5 5 5 5 44,894 46.32 7 Hays 10/2/2013 Haltom City 2 2 2 1 1 42,409 52.92 3 Tarrant 7/9/2001 Wylie 2 1 1 1 1 41,427 38.33 3 Collin 5/12/2009 Keller 5 1 1 1 1 39,627 15.63 3 Tarrant 1/1/2006 Coppell 1 2 2 1 1 38,659 33.94 3 Dallas 1/1/1999 Huntsville 2 2 2 2 2 38,548 46.72 6 Walker 10/27/1987 Duncanville 2 2 2 1 1 38,524 67.65 3 Dallas 6/19/1989 Sherman 2 2 2 1 1 38,521 36.60 3 Grayson 11/8/1993 Rockwall 2 1 5 1 1 37,490 27.28 3 Rockwall 4/16/2007 Hurst 5 1 2 1 1 37,337 30.68 3 Tarrant 12/13/1994 Burleson 2 2 2 1 1 36,690 16.78 3 Johnson 9/8/1994 Texarkana 5 4 4 1 1 36,411 46.87 4 Bowie 8/23/2004 Lancaster 2 2 2 1 1 36,361 87.10 3 Dallas 1/1/1994 The Colony 2 2 2 1 1 36,328 38.06 3 Denton 9/17/1990 Friendswood 5 1 1 1 1 35,805 22.54 6 Galveston 11/1/1999 Weslaco 5 1 1 1 1 35,670 86.68 11 Hidalgo 6/2/1987 Del Rio 5 2 5 2 2 35,591 86,24 8 Val Verde 3/9/2004 Lufkin 5 5 5 5 5 35,067 54.29 5 Angelina 4/2/2013 La Porte 2 2 2 2 2 33,800 38.46 6 Harris 3/26/1990 Nacogdoches 5 5 5 5 1 32,996 48.83 5 Nacogdoches 4/15/2008 Copperas Cove 5 5 5 5 5 32,032 41.76 7 Coryeli 11/2/2004 Socorro 5 5 5 5 5 32,013 97.95 10 El Paso 12/7/2006 Deer Park 5 1 1 1 1 32,010 30.47 6 Harris 3/5/1996 Schertz 1 2 4 2 4 31,465 39.45 8 Guadalupe 11/6/2001 Rosenberg 5 5 5 1 5 30,618 75.15 6 Fort Bend 4/5/2011 Cleburne 5 1 2 1 1 29,337 33.85 3 Johnson 2/26/2002 Farmers Branch 1 1 2 2 1 28,616 55.80 3 Dallas 2/2/1987 Big Spring 4 4 4 1 1 27,282 53.30 9 Howard 9/12/2006 Lake Jackson 4 1 4 1 4 26,849 30.31 6 Brazoria 11/21/2005 Harker Heights 5 1 1 1 1 26,700 47.02 7 Bell 3/26/1992 Southlake 5 5 5 5 5 26,575 16.00 3 Tarrant 4/17/2007 Leander 5 5 5 1 1 26,521 34.17 7 Williamson 3/1/2001 Eagle Pass 5 5 5 5 5 26,248 96.37 8 Maverick 9/28/2010 Kingsville 5 1 2 1 1 26,213 78.93 11 Kleberg 2/8/1993 Greenville 5 2 3 3 3 25,557 42.30 3 Hunt 6/22/1999 Seguin 2 2 2 1 1 25,175 64.47 8 Guadalupe 9/20/2005 http://shs©rdinances.uh.edu/MuniList.aspx 2/11/2014 Texas Munipalities with SHS Ordinances Page 3 of 5 4 4 2 2 2 25,171 36.20 4 Lamar 6/13/1994 San Benito 5 1 1 1 1 24,250 91.41 11 Cameron 11/9/1995 Alvin 5 1 5 1 5 24,236 41.33 6 Brazoria 1/11/2001 Corsicana 2 2 4 4 4 23,770 54.96 3 Navarro 12/2/2008 Balch Springs 5 1 2 1 1 23,728 72.28 3 Dallas 6/23/2003 Marshall 5 5 5 5 5 23,523 57.39 4 Harrison 6/28/2007 Watauga 5 1 1 1 1 23,497 33.57 3 Tarrant 2/24/1997 University Park 5 5 5 5 5 23,068 9.00 3 Dallas 2/16/2010 Colleyville 2 2 2 1 1 22,807 15.09 3 Tarrant 4/18/1989 Denison 2 2 2 1 1 22,682 23.02 3 Grayson 2/4/2002 Kerrville 3 3 4 5 5 22,347 32.36 8 Kerr 6/10/2008 Plainview 5 1 1 1 1 22,194 66.15 1 Hale 9/10/1991 Benbrook 5 5 5 5 5 21,234 20.26 3 Tarrant 2/1/2007 Sachse 5 1 1 1 1 20,329 36.28 3 Dallas 4/17/1995 Corinth 5 2 2 1 1 19,935 22.93 3 Denton 2/18/1993 Brownwood 5 1 1 1 1 19,288 32.88 2 Brown 7/8/2003 Alice 5 1 1 1 1 19,104 86.68 11 Jim Wells 7/19/1999 Angleton 5 1 5 1 5 18,862 45.51 6 Brazoria 12/19/2006 Palestine 5 5 5 1 5 18,712 47.73 4 Anderson 10/26/2009 Dickinson 5 1 1 1 1 18,680 47.70 6 Galveston 6/28/1994 Orange 2 1 1 1 1 18,595 41.83 5 Orange 5/25/1993 Ennis 5 5 5 5 5 18,513 55.80 3 Ellis 6/21/2010 Alamo 5 1 1 1 1 18,353 85.17 11 Hidalgo 1/20/1998 Belton 2 2 2 2 2 18,216 40.62 7 Bell 10/26/1993 Midlothian 3 1 3 3 3 18,037 21.16 3 Ellis 5/8/2007 Pampa 2 1 1 1 1 17,994 31.58 1 Gray 3/26/1991 Murphy 1 1 3 3 3 17,708 45.13 3 Collin 5/3/1999 Stafford 5 3 5 5 5 17,693 77.55 6 Fort Bend 2/6/2013 Bay City 5 1 1 1 1 17,614 60.88 6 Matagorda 10/16/1992 Stephenville 5 1 1 1 1 17,123 20.38 3 Erath 3/1/1994 South Houston 2 1 1 1 1 16,983 90.10 6 Harris 7/5/2005 Bellaire 5 1 1 1 1 16,855 27.37 6 Harris 4/1/1996 Mineral Wells 1 1 2 1 1 16,788 36.19 3 Palo Pinto 1/1/1999 White Settlement 2 2 3 1 1 16,116 33.48 3 Tarrant 2/28/2012 Terrell 2 1 2 1 1 15,816 55.08 3 Kaufman 11/16/1999 Brenham 5 1 5 2 5 15,716 41.55 7 Washington 4/19/2007 Mount Pleasant 2 1 1 1 1 15,564 67.32 4 Titus 3/1/1994 Sulphur Springs 2 2 2 2 2 15,449 31.56 4 Hopkins 12/2/1997 Portland 5 5 5 1 1 15,099 39.87 11 San Patriclo 10/3/2006 Highland Village 5 5 5 5 5 15,056 14.14 3 Denton 4/12/2011 West University 4 4 4 4 4 14,787 18.40 6 Harris 2/8/1999 Place Forney 2 2 3 1 1 14,661 28.78 3 Kaufman 9/7/1993 Jacksonville 5 5 5 1 1 14,544 58.54 4 Cherokee 2/21/2012 Katy 2 1 1 1 1 14,102 37.21 6 Harris 10/28/1996 Rio Grande City 5 2 5 2 1 13,834 95.28 11 Starr 5/5/2011. Henderson 1 1 2 1 1 13,712 43.76 4 Rusk 4/11/1989 Hewitt 3 3 3 1 3 13,549 27.82 7 McLennan 8/16/2010 Canyon 5 1 1 1 1 13,303 21.16 1 Randall 3/5/1992 Live Oak 5 1 1 1 1 13,131 54.52 8 Bexar 9/3/1994 Addison 2 2 2 1 1 13,056 46.45 3 Dallas 3/22/1988 Kilgore 3 5 5 5 4 12,975 36.21 4 Gregg 6/9/2009 Crowley 2 1 1 1 1 12,838 32.34 2 Tarrant 3/19/1992 Athens 5 5 5 1 1 12,710 46.22 4 Henderson 4/23/2012 Lockhart 5 1 1 1 1 12,698 61.59 7 Caldwell 2/1/1994 Forest Hill 5 2 2 3 3 12,355 88.34 3 Tarrant 4/21/2009 Alton 5 5 5 5 5 12,341 93.87 11 Hidalgo 12/18/2007 Port Lavaca 5 1 1 1 1 12,248 67.23 8 Calhoun 8/11/1997 Santa Fe 4 4 4 1 1 12,222 13.60 6 Galveston 9/8/2005 Seabrook 5 1 5 1 1 11,952 24.72 6 Harris 11/20/2007 Lumberton 2 1 2 1 1 11,943 7.09 5 Hardin 4/12/1993 El Campo 5 1 1 1 1 11,602 58.40 6 Wharton 5/9/1995 Lakeway 2 2 2 1 1 11,391 13.24 7 Travis 2/21/2006 Glenn Heights 2 2 2 1 1 11,278 74.78 3 Dallas 4/3/1995 Clute 5 1 1 1 1 11,211 65.44 6 Brazoria 3/22/2007 Andrews 5 1 1 1 1 11,088 54.00 9 Andrews 6/24/2003 http://shsordinances.uh.edu/MuniList.aspx 2/11/2014 Texas Munipalities with SHS Ordinances Page 4 of 5 Vernon 5 5 5 5 5 11,002 40.61 2 Wilbarger 5/13/2006 Azle 5 1 2 1 1 10,947 11.81 3 Tarrant 11/20/2001 Vidor 5 1 1 1 1 10,579 7.40 5 Orange 11/29/1994 Fredericksburg 5 5 5 1 1 10,530 23.26 8 Gillespie 11/7/2002 Robinson 5 5 5 5 5 10,509 19.81 7 McLennan 11/11/2008 Boerne 2 5 5 1 5 10,471 25.44 8 Kendall 6/14/2011 Webster 5 4 4 1 2 10,400 54.21 6 Harris 7/5/1994 Leon Valley 2 2 2 1 1 10,151 64.88 8 Bexar 11/18/2008 Bellmead 2 1 2 1 1 9,901 57.54 7 McLennan 3/12/1996 Wharton 2 1 1 1 1 8,832 68.10 6 Wharton 7/8/1996 Pecos 5 1 1 1 1 8,780 86.21 9 Reeves 5/11/1995 Rockport 2 2 2 2 1 8,766 25.98 11 Aransas 3/23/1993 Highland Park 5 1 4 1 4 8,564 8.43 3 Dallas 3/26/2007 Woodway 5 5 5 1 5 8,452 13.26 7 McLennan 6/14/2004 Fort Stockton 5 1 3 3 3 8,283 77.29 9 Pecos 11/22/2005 Aransas Pass 5 1 1 1 1 8,204 45.49 11 San Patricio 10/20/2003 Elgin 5 1 1 1 1 8,135 64.73 7 Bastrop 9/16/1997 Kirby 5 1 1 1 1 8,000 70.23 8 Bexar 1/1/2001 Granbury 5 5 5 5 5 7,978 11.88 3 Hood 10/21/2008 Bridge City 2 2 2 1 1 7,840 10.94 5 Orange 3/2/1993 Whitehouse 5 1 1 1 1 7,660 14.70 4 Smith 1/26/1993 Jersey Village 2 1 1 1 1 7,620 33.12 6 Harris 12/15/2003 River Oaks 2 1 1 1 1 7,427 51.18 3 Tarrant 11/27/2007 Bastrop 1 1 2 1 1 7,218 39.73 7 Bastrop 1/1/1988 Monahans 2 1 1 1 1 6,953 58.41 9 Ward 5/24/1998 Crockett 5 3 5 3 3 6,950 60.98 5 Houston 8/7/2006 Cuero 5 1 1 1 1 6,841 57.07 8 DeWitt 11/2/2006 Carthage 5 1 1 1 1 6,779 34.53 4 Panola 6/24/1996 Kennedale 5 1 1 1 1 6,763 26.44 3 Tarrant 10/12/1995 Kaufman 5 5 5 1 5 6,703 44.62 3 Kaufman 9/17/2007 Silsbee 2 1 1 1 1 6,611 36.38 5 Hardin 11/12/1985 Lacy-Lakeview 5 1 1 1 1 6,489 46.79 7 McLennan 11/12/2002 Littlefield 5 1 1 1 1 6,372 61.41 1 Lamb 2/11/1993 Everman 5 1 1 1 1 6,108 73.98 3 Tarrant 3/13/2007 Childress 4 1 1 1 1 6,105 43.19 1 Childress 9/1/1999 Sealy 2 1 2 1 1 6,019 52.27 6 Austin 4/12/2006 Marlin 4 1 1 1 1 5,967 70.15 7 Falls 7/11/1995 Alpine 5 1 1 5 5 5,905 54.78 10 Brewster 7/12/2010 Yoakum 5 5 5 1 5 5,815 55.06 8 Lavaca 5/12/2007 Kermit 5 1 1 1 1 5,708 62.70 9 Winkler 5/16/2005 Atlanta 1 1 1 1 1 5,675 36.78 4 Cass 7/2/2007 Edna 1 1 2 1 2 5,499 49.81 8 Jackson 10/20/1993 Wake Village 5 4 4 2 4 5,492 34.07 4 Bowie 4/10/2006 Post 5 1 1 1 1 5,376 59.51 1 Garza 2/22/1999 Windcrest 5 1 1 1 1 5,364 42.52 8 Bexar 3/20/2000 Bowie 5 1 1 1 1 5,218 14.12 2 Montague 11/6/2007 Center 5 1 1 1 1 5,193 60.91 5 Shelby 8/8/1994 Muleshoe 5 1 1 1 1 5,158 66.34 1 Bailey 2/1/1997 Falfurrias 5 1 1 1 1 4,981 92.97 11 Brooks 7/26/2002 Tulia 5 1 1 1 1 4,967 56.71 1 Swisher 7/9/2002 Gilmer 1 1 2 1 1 4,905 28.01 4 Upshur 12/11/1990 Lindale 5 1 1 1 1 4,818 20.28 4 Smith 4/14/1998 Diboll 5 1 1 1 1 4,776 68.22 5 Angelina 1/13/1997 Mineola 5 1 1 1 1 4,515 30.43 4 Wood 6/25/2001 Jacksboro 5 1 2 1 2 4,511 28.51 2 Jack 8/28/2001 Hearne 2 1 1 1 1 4,459 79.48 7 Robertson 8/14/1995 Madisonville 2 1 1 1 1 4,396 61.85 7 Madison 6/10/1991 Magnolia 2 2 1 1 1 4,396 62.08 6 Montgomery 7/9/1993 Dlmmitt 2 1 1 1 1 4,393 72.37 1 Castro 2/19/1996 Caldwell 5 5 5 1 5 4,104 41.42 7 Burleson 4/14/2007 West Columbia 2 1 1 1 1 3,905 41.43 6 Brazoria 1/4/1993 Mont Belvieu 5 1 1 1 1 3,835 17.78 6 Chambers 3/9/1992 Spring Valley 5 5 5 5 5 3,715 14.86 6 Harris 11/14/2006 Taylor Lake Village 5 1 1 1 1 3,544 14.62 6 Harris 4/6/1994 Horseshoe Bay 5 5 5 5 5 3,418 11.61 7 Llano 8/25/2009 Haskell 5 1 1 1 1 3,322 33.99 2 Haskell 2/9/1993 http://shsordinances.uh.edu/MuniList.aspx 2/11/2014 Texas Munipalities with SHS Ordinances Page 5 of 5 2 1 1 1 1 3,285 59.76 4 Red River 8/19/1997 Llano 5 5 1 1 1 3,232 15.35 7 Llano 9/16/1991 Henrietta 2 1 1 1 1 3,141 7.70 2 Clay 5/13/1991 Hamilton 5 1 1 1 1 3,095 10.73 7 Hamilton 8/12/1993 West Lake Hills 4 4 5 1 1 3,063 9.53 7 Travis 9/8/1993 Oak Ridge North 5 1 1 1 1 3,049 14,17 6 Montgomery 8/18/1993 Floydada 5 1 1 1 1 3,038 66,19 1 Floyd 3/23/1995 Brazoria 2 1 1 1 1 3,019 29.55 6 Brazoria 9/13/1994 Refugio 2 2 2 1 1 2,890 64.33 11 Refugio 4/9/1991 Needville 2 1 1 1 1 2,823 36.66 6 Fort Bend 2/10/1997 South Padre Island 5 5 5 1 1 2,816 32.78 11 Cameron 9/1/2010 West 2 1 1 1 1 2,807 18.60 7 McLennan 12/6/1994 Quanah 5 1 1 1 1 2,641 29.50 2 Hardeman 8/15/1995 Daingerfield 2 1 1 1 1 2,560 43.95 4 Morris 2/28/2000 Panhandle 5 1 1 1 1 2,452 12.48 1 Carson 7/30/1998 George West 2 2 2 1 1 2,445 52.27 11 Live Oak 8/19/1996 Glen Rose 5 1 2 1 2 2,444 23.53 3 Somervell 7/12/1994 Memphis 5 1 1 1 1 2,290 42.58 1 Hall 3/6/1997 Waskom 2 2 3 2 2 2,160 34.81 4 Harrison 1/5/1988 Jefferson 2 1 1 1 1 2,106 41.88 4 Marion 11/18/1996 Jones Creek 5 1 1 1 1 2,020 31.19 6 Brazoria 11/1/1995 Beverly Hills 2 2 2 2 2 1,995 69.72 7 McLennan 9/26/1991 Marfa 2 1 1 1 1 1,981 69.96 10 Presidio 10/24/1996 Troup 2 2 2 1 1 1,869 35.31 4 Smith 12/6/1990 Kemah 2 2 2 2 2 1,773 29.89 6 Galveston 4/14/2005 Humble 5 5 5 1 5 1,760 26.76 6 Harris 2/23/2012. Arcola 5 1 1 1 1 1,642 92.20 6 Fort Bend 6/1/1999 Lone Star 5 1 1 1 1 1,581 39.91 4 Morris 5/24/2001 Roman Forest 5 1 1 1 1 1,538 14,56 6 Montgomery 4/18/2002 Meridian 2 1 1 1 1 1,493 37.24 7 Bosque 7/13/1998 Rollingwood 5 4 5 1 1 1,412 11.26 7 Travis 3/21/2001 Moody 3 1 3 1 1 1,371 29.39 7 McLennan 6/4/2002 Emory 5 1 1 1 1 1,239 15.90 4 Rains 11/14/1995 Clear Lake Shores 2 1 1 1 1 1,063 10.35 6 Galveston 1/24/1997 Tomball 2 2 2 1 1 1,045 9.28 6 Harris 1/1/1978 Lakeport 5 1 1 1 1 974 69,71 4 Gregg 12/18/1998 Mertron 5 1 1 1 1 781 38.92 9 Irian 12/6/1993 Beasley 5 1 1 1 1 641 59.91 6 Fort Bend 3/19/1992 Montgomery 5 1 1 1 1 621 42.03 6 Montgomery 11/3/1997 Orchard 1 1 2 1 1 352 41.76 6 Fort Bend 8/15/1984 Richland Hills 2 1 1 1 1 338 15.68 3 Tarrant 9/11/2007 100% Smoke Free (5) - No smoking allowed in a particular setting; Moderate (4) - Designated smoking areas are allowed if separately ventilated; Mixed (3) - Coverage is partial due to exceptions, ambiguities, or legal issues; Limited (2) Designated smoking areas allowed or required; No Coverage (1) - No restrictions on smoking. Minor exceptions may exist. Notes:Only known ordinances with SHS provisions In the settings listed above are included.Population data is derived from the most recent Estimated Census and Minority%is derived from the 2000 Census.For descriptions of items reported and the rating criteria,please visit the Methods section of this website.This analysis is for research and evaluation purposes; it is not intended to be a legal opinion. This site is partially funded by Contract#2013-042091 from the Texas Department of State Health Services(T©SHS)to University of Houston Law Center. Last Updated; April 2013 Email Patricia Gray with questions or comments about this website. http://shsordinances.uh.edu/MuniList.aspx 2/11/2014 UK - HNETS Texas Smoke-free Ordinance Database Report Page 1 of 1 Summary of Protection Level by Setting, Setting Details, and Enforcement and Penalties in Texas SHS Ordinances, Statewide (n = 273) 02-06-2014 !t T REAM R4r+POfty PROTECTION LEVEL : r, ., , lr ,si:'z t£ti k:' ycv; �.., ., rp,;;. iY.�s•' .,,f " t J.` , e ".,.x,v'A! k ,,„...,i..:k iui;.k :": Yr'3\b••�� ...}t,.}h P r�r sr�#}1 �j,:•tt(,i,rt},t t3(s4J#•<.j ss)r'~a'3 t,. &.s}r}e3 SiYt„{i#,tl'u0�1}73,47;.ari•,,,}1J9s.. .�N.£t �).. �t� po1SS.„^e�I{I .,��5 h [.}�'$df#, x J,,)$i1;!S.YSSt}., t,s,r}t1j,4,,( j "'r,",®(('r° 4"dn '{t�:: Y ls. a,'rr;a kU t`tk111iY.i t'Y3�Y ttig`is its `S W�sa�#i > Al� k1`�S}s 3 )"t "a,'a8 @a1Ytl23kr � .,S rd f ,i Nt.,'i fin..�1'i�.?y��a e.to-`l,l v.A•�:'^.�'1 ,Y AgiA . J ,t#. r > V� t aY+,14`�,' s t'�`a e ., Al X�i 100% No Coverage Limited Mixed Moderate Smoke Free N We N % N % N % N % Municipal Worksites 15 5 78 29 8 3 11 4 161 59 Private Sector Worksites 138 51 49 18 8 3 11 4 67 25 Restaurants 100 37 61 22 13 5 18 7 81 30 Bars—In Restaurants 169 62 22 8 10 4 11 4 61 22 Bars—Not in Restaurants 192 70 23 8 11 4 5 2 42 15 100%Smoke Free(5)-No smoking allowed In a particular setting;Moderate(4)-Designated smoking areas are allowed it separately ventilated; Mixed(3)-Coverage is partial due to e•cpprinnc,Amhig„itioc,or lwrjal Issues; Limited(2)-Designated smoking areas allowed or required;No Coverage(1)-No restrictions on smoking,Minor exceptions may exist. SETTING DETAIL ar st ;.y \s£•k {jrf,f;<, 3 'Xst n.,.�,o i £;,,',t!'YaSS.s�,rs , i'-a,£w@j Yr#'v.;.'l .�k✓,� �g_..... s ti,. .;vF'a,t,{')>}yr >.�;,.rg.:<t,, 2 },"pi } �'}�gt %1144 .'�h.y.y 1.Z{s;'f�.{}3 , ..'ad}`, JI{s� fti r1' .f rrt .r. .r. 2 ,Y, ` =4 .�s} \#11,nj't ,{ �P itljf r;i{it,7f4,,7t. , t� of S4 �j s1�s7 ,Sit at�.�¢�tr7,,., ;�,� �s�k{; 3 � �� 1��,�: �,:$x � =rt �.�{ t>f ':� t��,, }�� y .r4,., tis ; n�z,:.�,. :� })r,� .,i ; M @@ , i l.;ld,�$f#tr ikhi l 4,04, i i !; 1 i ,ti d �,,,, , 't i 14 i s}Ili,, 0 �tii"t i'£:.ss��w,usa�� ��Ua�s� ii}u.fr�uF�t�u'e� �S��U�Swr,'dY?�#�{:,ts"��f1��t�� b�`�.'1��,('�u`�, t��:.. ` .'�" �m&�rc�tnn� �lg l�4{,:LsrtnY#rrtirSw;���uut,�.hsad�.rs�:��ier,a,rob,!,{tt�x 7Y�tN'D:m.�a ab „r aw�+,;w.§ N Sto N % Bars Defined by % of Sales of Alcohol 26 10 54 20 Age Restriction 11 4 18 7 In the above groupings,if bars are specifically stated,but no distinction is made between bars located in restaurants and/or those not in restaurants, it is assumed that restrictions and/or exemptions apply equally to both. In the groupings below,the variables are independently scored; no grouping totals should be inferred. a. r.�.rt r,rsu.r. rrs.n.�n.r, , v.,, r�.,�,.!ss"".i ,.�+,.. kx�:,,. +o r rmarnssrvia xse.s:n ri'x,;:r nr.x. f 1 t 1 .p .F'4 Xs.,. f .X +t•Y.�'. S� 7'd ti""41 aP tt1 a£S" , ,.$ ,,.g,,,s: .� ''.;Y"',;Jvr f.. c..e S5r '.Ds,, cn,Ys7 iA Y,,.,S,.., t4.Y srv€ ,"k. 4i „'X}„45st(i. .r.YM4"F. {k.�.,r7h„}}?{ll{}4 j t{q{j...£{.�F,f#{;r$tn�, Yt�Xtl s'�,<h`{< �?{ f Yr}rr rY,27 ks c ..�k $t. , ...,�`r�, .s{3,rftrr,l '7.,, ":"?l�,t,t �i Fr h}�Yrm`}.,.tr�i?�,,�{s�i�,,S;ttn� l} t. �X s� t ,Yr�k1 t fry ,t,� r,�t� .,rt.?r"st£� ti��,t((,,�,1� s'£ �,t, "b r ,1 r1}" ... t•,,r nr=tr:.t,, 1 zz`,t t11;}{?„1 t } .ta!f fsaYtr. ,., ri'.SS''t}.a , rkf{..a,rtr t, ,y,,t}11.4fvt,,,}i{., ,a. X„} � �+E` �ygA vt .k�.a.�,�� ,,s#,{ttfl} rr.,,,{�{J�.?i, ,„�k ( � t�}(f�{it,ri z . }1r,J t4 #s tf t,..St a..t}',�yM,��y�^f?I bl:s��,r}�t�j#,S ,t, rI}/� �p p� t.E t?�r.,�*�a "'uV ���t�.,�'�+s �'�i� I�tll.�L§.dn'dT��fll�isSit U��S��1S�;tSY'�GU�X't-aS{{�}I!���,ta�{'.1�y''>llllt�tX���kSk��{F+bS�'�'� �f�LfU#e,:�.auf.;s•: .w>. � awwd��6S4auttat�5tttt�U tt'..�ub�24}stew"�.'quT.s�".�a�..�n..um,Aus�GA ,Atcft.�S`��.a a,sS2��kiv,'fA� U7� Exemption _. N % N % N 'gym for 27 10 Exemption for Minimum 8 3 4 1 Minimum Seating Number of Employees Signage 160 59 Non-retaliation 47 17 44 16 t; �i{ o { l5{ �u �F � � I Non-smoker's Rights 20 7 20 7 s .. i 1m , 5 Sss J tnuu Gi y Sk .. Exempt 17 6 Written Policy 62 23 65 24 Restriction 94 34 Signage 217 79 119 44_ i ENFORCEMENT AND PENALTIES ,,, rSrt,r tft S�'r t t t '{' "ct x .... ,..;,.r '.{e� , u . �! tf s€tt}��t;}•i{tP l>,t}7�r:'A,=,�Iligr} f('i <}},,,"t. , Y,�,,"' r ,�li ., 11411.1 1 4 t k �s' •; s,.w � :a . . VM Tt�i�rz��sl�ltt�{}kJrf�,�snu�,��asvZt�:3�b.��f.�?�SArm��t�?d� �lE..�?.b�„v,.r£ $@a:'v:&. ,SwF+m�ri,r...,�,�ui� �'�o$4�SY�� ,�.u„w,�rlr4��a;-; �,,.>d,�A•nu�`�.tu�;�,'� N °/a N % N W �. Enforcement Authority 195 71 Penalty166 61:. 246 90 —Law Officer 139 51 Fine 148 54 223 82 Fire Officer 37 14 Other 99 36 139— 51 Health Official o�m�_., 36 13 13 Loss... ..�. � -. , , . .., of License 9 3 N/A N/A Other City Official 62 23 Violation Notice 7 3 Business Representative 29 11 Criminal Charge 79 29 125 46 Private Individual 39 14 Other 273 100 Notes:Only known ordinances with SHS provisions in the settings listed above are included,Population data is derived from the most recent Estimated Census and Minority%is derived from the 2000 Census.For descriptions of items reported and the rating criteria,please visit the Methods section of this website.This analysis is for research and evaluation purposes; It is not intended to be a legal opinion. This site is partially funded by Contract*2013-042091 from the Texas Department of State Health Services(T©SHS)to University of Houston Law Center, Last Updated:April 2013 Email Patricia Gray with questions or comments about this website. http://shsordinances.uh.edu/restrSummary l.aspx 2/6/2014