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09-27-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA September 27, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of September 13, 2005 and the Special Called Meeting of September 20,2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon authorizing the Mayor to execute an amendment to Work Order WYL-32 to TRC/The Hogan Corporation in the amount of$12,140 for the design of approximately 1,150 LF of 8-inch gravity sewer, 1,470 LF of 8-inch water line, and 1,640 LF of storm sewer along Ballard Avenue. (C.Hoisted, City Engineer) C. Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 10C, generally located northwest of Woodbridge Phase 9, at the intersection of Creek Crossing Lane and Lost Highlands Lane. (C. Thompson,Planning and Zoning Director) D. Consider and act upon authorizing the Mayor to enter into a Lease Agreement with Collin County for the use of offices located at the Wylie Municipal Complex. (M. Manson,Assistant City Manager) E. Consider and act upon authorizing the Mayor to sign an Interlocal Agreement with the Wylie Economic Development Corporation(WEDC). (M.Roath, City Manager) F. Consider and act upon authorizing the Mayor to execute an agreement with Johnson Supply, Inc. for the installation of 9,000 3G DSL Master Meter meters, the installation of a complete and functional route management system, a complete and functional collection reading system and all software and hardware required in making the system functional. (L. Williamson, Finance Director) G. Consider and act upon authorizing the Mayor to execute an Indemnity agreement with Wylie Goodyear for storage space. (L. Williamson, Finance Director) H. Consider and act upon Ordinance No. 2005-48 amending Ordinance No. 2004-29 (2004-25 Budget) and approving an emergency appropriation of funds for the life, health, property and the public peace involving Hurricane Rita; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M.Roath, City Manager) Rip ;,:!e TEAL AVISIDUATION 1. Consider and act upon approval of Ordinance No. 2005-37 amending Chapter 78, Parks and Recreation,of the Wylie Code of Ordinances. (M.Sferra,Public Services Director) Executive Summary On January 13, 2004, Council approved revisions to Chapter 78, Parks and Recreation, of the Wylie Code of Ordinances. The current ordinance requires the Park Board to conduct a periodic review of the ordinance and make recommendations for changes to the City Council. For the past several months, the Board has reviewed the ordinance and made recommendations for changes and clarification. The City Attorney's office has also reviewed the recommended changes. The Board approved the recommended changes on July 25,2005. 2. Consider and act upon a request by Skorburg Company to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage in excess of 18,000 square feet.(C.Hoisted City Engineer) Executive Summary The City of Wylie Design Standards and Construction Details include a design for an estate residential roadway section for lots of one acre or larger. Skorburg Company has requested to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage in excess of 18,000 square feet. The roadway section includes 26 feet of concrete paving, a 2 foot shoulder, and a drainage easement adjacent to the street right of way. The developer also requests that the City require the home builder to field verify the elevation of the driveway culvert prior to C.O.to eliminate ponding in the City maintained drainage swales. 3. Consider and act upon authorizing the Mayor to execute an agreement between Wylie Northeast Water Supply Corporation and the City of Wylie to establish fees and charges and the mechanism for the shutting off of water for the none payment of the City of Wylie Sewer and Trash service. (L. Williamson, Finance Director) Executive Summary The City of Wylie has not had the ability to collect its sewer and trash fees with the threat of water service cut-offs in those areas where the City provides the sewer and trash service and Wylie Northeast provides water. Wylie Northeast has been reluctant to cut off City of Wylie sewer customers unless a written agreement was in effect with the City. 4. Consider and act upon a Resolution nominating candidates to the Board of Directors for the Collin Central Appraisal District of Collin County for two-year terms beginning January 1, 2006. (C. Ehrlich, City Secretary) Executive Summary The City of Wylie has 38 votes that may be cast for the Board of Directors of the Collin Central Appraisal District. This is the first step of the process in which nominations are accepted. Council is asked to approve a Resolution, nominating a candidate for the Central Appraisal District for Collin County Board of Directors, which must be delivered to the Chief Appraiser before October 17,2005. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. EXECUTIVE SESSION. , Recess into Closed Session in compliance with Section 551.001,et.seq, Texas Government Code,to wit: Section 551.072. To deliberate the purchase,exchange,lease or value of real property generally located at: • State Highway 78 and Jackson • Discussion of acquisition of ROW for Kirby Street RECONVENE INTO OPEN SESSION Take any action as a result of Executive Sessions WORK SESSION • Presentation and update of newly installed Laserfiche Electronic Storage • Council training for web-mail use for e-mail 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. I certify that this Notice of Meeting was posted on this 23rd day of September, 2005 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES Wylie City Council Tuesday, September 13, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman Earl Newsom, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mark Roath; Assistant City Manager,Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Library Director, Rachael Orozco; Fire Chief, Shan English; Human Resource Manager, Lynn Fagerstrom; Public Information Officer,Mark Witter,and City Secretary, Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Mike Frick representing the Faith Lutheran Church gave the invocation and Mayor Pro Tern Hogue led the Pledge of Allegiance CITIZENS PARTICIPATION Jessica Kaltenbach,residing at 3004 Claybrook Drive, Wylie Texas addressed Council asking members to consider moving the meeting time for City Council Meetings from 6:00 p.m. to a later time to allow additional time for citizens to attend the meetings. 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. Approval of the Minutes from the Special Called Meeting of August 30, 2005 and the Emergency Meeting of September 2,2005 of the City Council. (C.Ehrlich, City Secretary) B. Consider and act upon a Final Plat for Pinehurst Addition generally located at the southwest corner of Cotton Belt and Fleming Drives. (C. Thompson,Planning and Zoning Director) C. Consider and act upon a Final Plat for Wylie Independent School District,Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. (C. Thompson,Planning and Zoning Director) D. Consider and act upon a Final Plat for Collins Estate Addition, generally located south of Stone Road and Stoneridge Farms Addition, west of old FM 544. (C. Thompson, Planning and Zoning Director) Minutes—September 13,2005 Wylie City Council Page 1 E. Consider an offer by TXU Electric Delivery to provide the City with benefits comparable to those agreed to with the Steering Committee of Cities and a cash payment to the City for not intervening in or participate in any Show Cause Action against them prior to July 1, 2006. (M. Roath, City Manager) Council Action A motion was made by Mayor Pro Tem Hogue to remove Item C from the Consent Agenda. Consensus of Council was to remove and consider under individual consideration items. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to approve Items A, B,D,and E of the Consent Agenda as presented. A vote was taken and passed 7-0. INDIVIDUAL CONSIDERATION C. Consider and act upon a Final Plat for Wylie Independent School District,Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. (C. Thompson,Planning and Zoning Director) Council Discussion Mr.Thompson explained the area in which the final plat for Wylie Independent School District,Wylie Junior High School #3 would be placed and the road involved in this new construction. Mayor Pro Tern Hogue asked Mr. Thompson if the school were built today, would they have two points of access. Mr. Thompson replied yes they would. Mr. Thompson stated that Hensley may need to be relocated. Mayor Pro Tern Hogue then asked who would pay for this. City Engineer Hoisted stated that if the road was required due to the construction, WISD would be responsible. Mayor Mondy asked if any schools had been built in Wylie without traffic issues. Mr. Hoisted stated all schools built thus far had some traffic problems. Mayor Mondy asked if WISD would come back and resurface Hooper. Mr. Hoisted stated that WISD would be required to provide two lanes of concrete along their frontage of future Country Club but not Hooper Road. Mayor Pro Tem Hogue asked when they were planning to start construction of the Junior High. Mr. Hoisted stated immediately upon approval of the final plat. Councilman White asked when the construction of Country Club would be done. Mr.Hoisted stated that when the Woodbridge Development was completed,all four lanes would be constructed.He stated that the money would be escrowed. He explained that the cost escrowed by WISD for Hensley and Country Club was over $500,000. Mayor Mondy asked if this was enough to build those roads. Mr. Hoisted stated that it would be, to build the amount of road for the frontage of the school. Mayor Pro Tern Hogue voiced concern regarding Hensley and the additional traffic on Hensley and Hooper Road. He stated that Hooper would be stacked up with traffic all the way to F.M. 544. Mr. Hoisted suggested that Council ask WISD to perform a traffic study to determine what off site improvements were needed. Mayor Mondy stated that it was his desire to have four lanes on Hooper Road and at least a two lanes on Hensley of paved road.Mr.Hoisted stated that the City could not require WISD to build more than was required for their frontage. Applicant Comments After some discussion between Council and staff regarding the roads and traffic issues, Ronny Klingbeil of RLK Engineering, L.L.C. and representing Wylie Independent School District,presented to Council a letter requesting the tabling of Item C for 30 days,and waiving the 30 day approval for this plat,to allow time for a traffic study to determine road requirements. Minutes—September 13,2005 Wylie City Council Page 2 Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to accept the request by the applicant to table Item C for 30 days (October 11, 2005)to allow time for staff and the applicant to review the traffic study and other issues pertaining to this Final Plat. A vote was taken and passed 7- 0. RECESS CITY COUNCIL Mayor Mondy recessed City Council at 6:30 p.m. CALL TO ORDER PARKS&RECREATION FACILITIES DEVELOPMENT CORPORATION Mayor Mondy called the Parks & Recreation Facilities Development Corporation meeting to order at 6:31 p.m. with Mayor Pro Tern Hogue, Councilman White, Councilman Young and Shirley Burnett present. Dan Chestnut and Ann Hiney were absent. 1. Consider and act upon approval of the FY 2005-2006 4B Budget, authorizing expenditures for the FY 2005 Community Services Facilities Capital Improvement Plan. Parks& Recreation Facilities Development Corporation Board Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve the FY 2005-2006 4B Budget and authorize expenditures for the FY 2005 Community Services Facilities Capital Improvement Plan. A vote was taken and passed 5-0 with Dan Chestnut and Anne Hiney absent. ADJOURN PARKS&RECREATION FACILITIES DEVELOPMENT CORPORATION Mayor Mondy adjourned the Parks & Recreation Facilities Development Corporation Meeting at 6:35 p.m. Consensus of the 4B Board was to adjourn. RECONVENE CITY COUNCIL Mayor Mondy reconvened the City Council Meeting at 6:36 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION 1. Consider and act upon approval of the FY 2005-2006 4B Budget and the Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the 'h cent sales tax for parks, recreation, and library projects. As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council. Further, the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." He explained that changes in State law during the 2003 Legislative Session made it so that 4B funds can no longer be used for Minutes—September 13,2005 Wylie City Council Page 3 Library purposes. Items that had been previously funded for the Library from 4B were shifted to the General Fund in FY2004. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve the FY 2005-2006 4B Budget and the Community Services Facilities Capital Improvement Plan. A vote was taken and passed 7-0. 2. Consider and act upon Ordinance No. 2005-41 of the City of Wylie,Texas, adopting a budget and appropriating resources for Fiscal Year 2005-2006, beginning October 1, 2005, and ending September 30,2006. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the purpose of the public hearing on August 30, 2005, was to give the taxpayers an opportunity to express their views on the proposed budget. At the end of the hearing, the City Council scheduled and announced the meeting to adopt the proposed budget set for tonight, September 13, 2005 at 6:00 p.m. at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098. Mr. Williamson asked Council to consider and adopt the proposed FY 2005-2006 Budget as presented. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve Ordinance No 2005-41 of the City of Wylie Texas, adopting a budget and appropriating resources for Fiscal Year 2005-2006, beginning October 1, 2005 and ending September 30, 2006. A vote was taken and passed 7-0. 3. Consider and act upon Ordinance No. 2005-42 fixing the tax rate/levy for 2005 and for the fiscal year 2005-2006 Budget. The tax rate proposed is sixty-nine and one-half cents ($0.695) per$100 of assessed value. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the City has held two public hearings on the tax rate so that citizens could voice their concerns or comments to the City Council. SB 18 also required specific new language in the ordinance and to be in larger type than the rest of the ordinance. This tax ordinance will generate new levies of$8,838,323 in the General Fund and$2,092,662 in the General Obligation Debt Service Fund. The revenue from the ad valorem taxes is the primary source of funding in the General Fund and represents approximately 56% of total General Fund revenues. Finance Director Williamson recognized Karla Stovall, Budget Officer for her hard work assisting with the 2005-2006 Budget preparation. Council Discussion Councilman Young stated that he had concerns with the $0.695 tax rate. He proposed to set the rate at$0.650 per $100 of appraised value, still allowing enough to cover $175,000 to expend to Katrina victims and still leave a surplus. He also mentioned that the Capital Program/Improvements for the past 5 years was not included in the budget referenced in the City Charter. (Article VII, Section 5 paragraph 3). Mayor Mondy explained that each department had a five year master plan incorporating these Capital Programs. Finance Director Williamson explained that the 5 year Capital Improvement Plan was built into the annual budget. Mayor Mondy explained that part of the reasoning behind leaving the tax rate of$0.695 was to accommodate expenditures like the animal shelter improvements that are mandated by law. Councilman Young stated that he just did not want to see surplus money in the budget. Mayor Mondy stated that a strong surplus(fund balance)allowed the City to borrow money at a much better bond rate and was a benefit to the taxpayers. City Manager Roath explained that expenditures set Minutes—September 13,2005 Wylie City Council Page 4 in the budget previously approved tonight, included large expenditures for such items as the animal shelter improvements and included an 18%surplus which was very close to the recommended amount(15%)to be held in surplus. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tem Hogue to move; that the property taxes be increased by the adoption of a tax rate of$0.695 per $100 of property value and to approve Ordinance #2005-42. A vote was taken and passed 7-0 with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Newsom, Councilman Young, Councilman White, and Councilman Porter voting for and none against. 4. Consider and act upon Ordinance No. 2005-43 approving and authorizing the execution and delivery of$2,110,000 "City of Wylie Public Property Finance Contractual Obligation, Series 2005" to American National Bank; specifying the terms of such contract; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contract,including the approval and execution of a Paying Agent/ registrar Agreement; and providing an effective date. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that pursuant to V.T.C.A , Local Government Code, Subchapter A of Chapter 271 (the Public Property Finance Act),the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property. The equipment to be financed from the proceeds of the Contractual Obligations has all been approved by Council. Mr. Williamson stated that the rate offered to the City by American National Bank was 4.55%per annum. Council Discussion Mayor Mondy asked Mr. Williamson what lending institutions were contacted to bid on the bonds. Mr. Williamson stated that two lending institutions were contacted, but only one lending institution responded to the request for bid(American National Bank). Mayor Mondy then asked Mr. Williamson what the previous rate was for bonds. Mr. Williamson stated that some of the material he had reviewed from the 1999 bond issues was around the 4.5%to 5.5%. He also explained that it was at his suggestion that American National Bank lower the rate to the 4.55%. He explained that most banks do not want to commit to an interest rate as low as 4.55%over a 10 year period.He stated that it was a very competitive rate and beneficial to the City. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance#2005-43 approving and authorizing the execution and delivery of$2,110,000"City of Wylie Public Property Finance Contractual Obligation, Series 2005" to American National Bank; specifying the terms of such contract' making provisions for the payment thereof; and resolving other matters incident and related to the execution,performance and payment of such contract, including the approval and execution of a Paying Agent/registrar Agreement; and providing an effective date. A vote was taken and passed 7-0. 5. Consider and act upon approval of the purchase of 8, 232 3G radio read Master Meters. (L. Williamson, Finance Director) Staff Comments Minutes—September 13,2005 Wylie City Council Page 5 Finance Director Williamson addressed Council stating that over the last couple of months the Water Division has been working on a State required water audit. The purpose of this audit, among other things, is to determine the amount of water loss being experienced in our system from leaks and meter error. Meter error is the amount a water meter is off in registering a certain volume of water. Mr. Williamson explained that in order to determine meter error, the Water Division randomly pulled 50 residential meters from around the City and performed a bench test on each meter. The 50 meters were selected because 50 were statistically representative. The test ran 10 gallons of water through each meter at low, medium and high flow rates. The results were tabulated. The test results indicated that at the low flow rate, the meters on average were registering only 45% of the water passing through the meters; at medium and high flow rates only 97%. We used these readings and statistical usage flow rates to calculate the amount of water that was being delivered to our customers, but was not being billed due to meter error. The number of gallons being lost due to meter error is calculated at 46,033,637 gallons. With an average retail price of$3.55 per 1,000 gallons, the City has been losing approximately$163,500 annually in water revenue as a result of this meter error. Council Discussion Mayor Mondy asked how staff would communicate the increase in water billing to the accuracy of the new meters. Mr. Williamson stated that for the most part the increase would be minimal for most residents when the increase was disbursed to all residents. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to approve the purchase of 8,232 3G radio read Master Meters in the amount of$1,623,387 from Master Meters and Johnson Lab and Supply. A vote was taken and passed 7-0. 6. Consider and act upon awarding contracts to United Healthcare for employee group medical, dental and life insurance and to Jefferson Pilot for employee long term disability insurance. (L. Fagerstrom,Human Resources Manager) Staff Comments Human Resource Director Lynn Fagerstrom addressed Council stating that the competitive proposals have been solicited to provide employee group insurance coverage for the 2006 fiscal year. The RFP instructed the insurance providers to submit quotes based on the same level of benefits provided under the current P.P.O. medical plan and the ancillary dental,life and disability policies.Alternate proposals were invited and providers were encouraged to submit options to reduce costs without materially diminishing the existing level of benefits. United Healthcare, represented by Wylie Insurance Agency,was the only provider to submit a proposal for group medical insurance. Council Discussion Mayor Mondy asked HR Manager Fagerstrom how Workman's Comp played into the insurance. Ms. Fagerstrom stated that they were two entirely separate policies. Mayor Mondy then asked Ms. Fagerstrom to explain the cost savings of 25% for Workman's Comp this year. Ms. Fagerstrom explained that over the past three years, the city has greatly reduced their usage of workman's comp due to the training,prevention and education provided and the carrier has reduced the rate charged to the City by 25%this year. Council Action A motion was made by Councilman Young, seconded by Councilman White to award contracts to United Healthcare for employee group medical, dental and life insurance and to Jefferson Pilot for employee long term disability insurance. A vote was taken and passed 7-0. Minutes—September 13,2005 Wylie City Council Page 6 7. Consider and act upon Ordinance No. 2005-45 amending Ordinance No. 2005-40 which amended Ordinance 2004-29 approving an emergency appropriation of funds for the life, health, property and the public peace of the citizens of Wylie, Texas for victims of Hurricane Katrina; providing for repealing, savings and severability clauses; and providing for an effective date. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the City had taken in many hurricane victims and had used all the funds allocated through Ordinance #2005-40 in the past few days. He also commented of the pride he had in both Fire Chief English and staff for their response to the victims over the past week and the long hours they have put in. Fire Chief English addressed Council stating that the City Council allocated $100,000 to aide in sheltering hurricane victims here. He explained that volunteers and staff have put in numerous hours and rallied over 800 volunteers to contribute time, and have collected over $10,000 in Wal-Mart cards for the victims. He explained that the City had exhausted the funds allocated and was requesting an additional $100,000 to continue with the effort. Chief English reviewed the costs for overtime and supplies to set up the Armory and keep it running. Chief English reported that the victims were very appreciative of the assistance the citizens, volunteers, and staff have provided. He commended new Library Director Rachael Orozco for her assistance in obtaining and tracking over 800 volunteers from Wylie. He stated that the additional funds would be used for police assistance, long term housing, and other necessary needs. He stated that FEMA had committed to reimburse for all funds expended for housing for the victims for up to 12 months as long as the leasing was done by the City. He stated that the goal is to have all victims placed in housing by October 1,2005. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Ordinance #2005-45 and to amend Section 2 to read: That up to one hundred thousand dollars and no/100 ($100,000.)may be expended over the next 60 days for any aide necessary to help the hurricane victims brought to Wylie, including but not limited to police and emergency personnel, city services, shelter, basic necessities and other expenditures determined to be necessary by the Mayor to manage the public emergency created in Wylie by the acceptance of hurricane victims. PUBLIC HEARINGS 8. Hold a Public Hearing and consider and act upon Ordinance No. 2005-44 approving a change in zoning to amend the Riverchase Planned Development (PD 99-31) in order to remove restrictions of height of fences, generally located west of FM 1378 (Country Club Road) and south of FM 2514(Parker Road). ZC 2005-17(C. Thompson,Planning& Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the applicant is requesting removal of the restrictive conditions of the approved Planned Development No. 99-31 PD. The PD stipulates that fences within the Riverchase subdivision may not exceed 6 feet in height. The approved amendment will conform with the City Code of Ordinances and Covenants(CCR's)of Riverchase HOA that allow fences to be constructed to a height of eight feet. Developer/Builder Jerry Sylo, Jones &Boyd representing D.R. Horton,residing at 17090 Dallas Pkwy, #200, Dallas Texas (developer/builder)addressed Council stating that he had no objection to the change in fencing height. Public Hearing Minutes—September 13,2005 Wylie City Council Page 7 Mayor Mondy opened the public hearing at 7:13 p.m. asking anyone present to address Council to come forward and state their name and address for the record. Representatives of the Riverchase HOA (Horns Smith, residing at 205 Stonecrest Trail and Deardra Utley, President of the Riverchase HOA residing at Stone Glenn Drive, Wylie Texas, were present to voice no opposition to the removal of restrictions of height of fences. They stated that a large sampling of the residents provided favor for the change in fencing. Mayor Mondy closed the public hearing at 7:15 p.m. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Hogue to approve Ordinance No. 2005-44 approving a change in zoning to amend the Riverchase Planned Development (PD 99-31) in order to remove restrictions of height of fences , generally located west of FM 1378 (Country Club Road)and south of FM 2514(Parker Road). ZC 2005-17. A vote was taken and passed 7-0. 9. Hold a Public Hearing and consider and act upon Ordinance No. 2005-46 approving a Specific Use Permit for an Amateur Communications Tower and Antenna, to Cantral Eargle at 2933 Glendale Drive,Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. ZC 2005-16 (C. Thompson,Planning&Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that Twenty-four (24) notifications were mailed in compliance with State law. Nine (9) written responses have been returned. Eight (8) opposing and one (1) favoring the request, because owners of more than twenty (20) percent of the legal notification area have submitted written opposition, the affirmative vote of (6 members) of the Council is required for approval. Mr. Thompson stated that the antenna would not be visible from the street and would be 14 feet in height. Transmissions would not be hampered by this tower. Mr. Thompson explained that the Federal Communications Commission(FCC) ultimately controls the operation of individual amateur communications, as well as the limits which local governments may restrict such operations. Local regulations that involve the placement, screening or height of antennas based on acceptable health, safety and aesthetic considerations must also be crafted to reasonably accommodate amateur communications. Amateur radio is a public service and aids in times of emergency. Council Discussion Mayor Mondy asked how many towers currently had been approved. Mr. Thompson replied that there have been 4 since he has been with the City and 47 households within the City Limits of Wylie have licenses to operate these radios. He stated that this was one half of one percent of the population in Wylie. He explained that he did not know how many actual towers exist at this time in Wylie. Mayor Mondy asked if the City could allow one per subdivision to allow access to communication in times of disaster. Mr.Thompson explained that it might be better to consider a distance such as the City does for cell towers. Mayor Mondy asked if the City could move toward this end. He asked Mr. Thompson to present a map, at a later date, showing where the towers are currently located. Mayor Pro Tem Hogue asked if the applicant was the property owner. Mr. Thompson reported that the applicant was not the property owner but was the father of the property owner and lived in the residence. Mayor Pro Tern Hogue voiced his concern regarding the towers adversely affecting the aesthetics of the neighborhood in areas where trees had not matured to hide the towers. Public Hearing Minutes—September 13,2005 Wylie City Council Page 8 Mayor Mondy opened the public hearing at 7:25 p.m. asking anyone present to address Council to come forward and state their name and address for the record. Mason Sarles residing at 1518 Windward Lane, Wylie Texas addressed Council stating that in the past couple of years, he had applied and received an SUP from the Wylie City Council for an amateur tower. He stated that he was speaking on behalf of the applicant regarding the resale of property in and around his residence with no adverse effect due to the tower. He also mentioned that there had been no complaints from either adjacent property owners or the FCC since the construction of this tower. Mr. Chad Tittle residing at 2935 Glendale and within the 200 foot area of the applicant addressed Council stating that he was very much against the approval of an SUP for this tower. He stated that the applicant had large trees in his yard but that most of the residents surrounding his property were newly developed homes with no large trees to hide the looks of the proposed tower. He stated that everyone (100%) in his neighborhood was fully against this zoning case. He also stated that the tower had a hand crank to lower the tower when not in use, and he felt that it would be very difficult for the applicant to operate and lower the tower when not in use. Applicant Comments Mr. Cantral Eargle addressed Council stating that he was a 76 year old man who has retired andhas operated amateur radios for the past forty years. He stated that there was a small VHF tower on the carport which he planned to take down once the SUP for the tower is approved. He stated that if there was a disaster he would have a generator in place and would be ready to communicate during the emergency. Councilman Newsom asked which band he would be operating. The applicant stated mostly 20 bands. Councilman Newsom stated that this band would not interfere with any other communication device. He stated that he would be cranking the tower down when not in use to prevent damage to the antenna. Mayor Mondy asked if the applicant owned the property. Mr. Eargle stated that he was not the property owner but would be residing with his daughter who was the current property owner. Mayor Mondy closed the public hearing at 7:36 p.m. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Hogue to deny Ordinance #2005-46 approving a Specific Use Permit for an Amateur Communications Tower and antenna to Cantral Eargle at 2933 Glendale Drive, Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. (ZC 2005-16) A vote was taken with Mayor Pro Tem Hogue and Councilman Young voting for and Mayor Mondy, Councilwoman Allen, Councilman Newsom, Councilman White and Councilman Porter voting against. Council Action A motion was made by Councilman Newsom to reconsider Item #9. Consensus of Council was to reconsider. Council Action A motion was made by Councilman Newsom, seconded by Councilwoman Allen to approve Ordinance #2005-46 approving a Specific Use Permit for an Amateur Communications Tower and antenna with the stipulation that the Specific Use Permit would be tied to Cantral Eargle residing at 2944 Glendale Drive, Wylie, Texas Lot 54 Block A of the Cimarron Estates, Phase 2 Addition (applicant) and not pass to future property owners. A vote was taken and failed 5-2 (Super Majority of 6 affirmative members Minutes—September 13,2005 Wylie City Council Page 9 needed) with Mayor Mondy, Councilwoman Allen, Councilman Newsom, Councilman Porter, and Councilman White voting for and Mayor Pro Tern Hogue and Councilman Young voting against. 10. Consider and act upon authorizing the Mayor to execute a Warranty Deed for Park Land Dedication along Alanis Drive. (C.Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on March 22, 2005, Council approved the exchange of property on Alanis Drive for right of way, including the dedication of park land generally located east of the Glenn Knoll Mobile Home Park. Approximately 5.324 acres of land is being dedicated,which will be applied as a credit to future park land dedication requirements for other properties owned by the Grantor. He also explained that the copy of the Warranty Deed in the Council packets had been changed to correct the date of execution to September 13,2005 if Council approved this item. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to authorize the Mayor to execute a Warranty Deed for Parkland Dedication along Alanis Drive. A vote was taken and passed 7-0. 11. Consider and act upon acceptance of the resignation of Mary Vaughn and the appointment of a new member to the Library Advisory Board for the unexpired term of July 2004 to July 2006. (R. Orozco,Library Director) Staff Comments Library Director Orozco addressed Council stating that in Article VIII, Section 2C of the City Charter authorizes the City Council to appoint a Library Board. The Board shall consist of seven(7) citizens who shall be qualified voters who shall serve for a term of two(2)years with three (3)members'terms expiring in even-numbered years and four(4) members' terms expiring in odd-numbered years. Members of the board shall elect a chairman, each July,from their membership and shall meet at the call of the chairman or at the request of the city council.The city manager shall appoint a staff representative to the board. Mary Vaughn has served faithfully as a Library Board member. However, she has recently submitted her resignation from her appointment to the Library Board due to increasing school commitments. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to accept the resignation of Mary Vaughn and appoint Junaid Nagamuddin to fill the unexpired term from July 2004 to July 2006. A vote was taken and passed 7-0. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE HI,SECTION 13-D. City Secretary Carole Ehrlich read captions to Ordinance No.'s 2005-41, 2005-42, 2005-43, 2005-44, and 2005-45 into the official record. ORDINANCE NO.2005-41 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2005-2006, BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE Minutes—September 13,2005 Wylie City Council Page 10 ORDINANCE NO.2005-42 AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE,TEXAS,FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30,2006,AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY;PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH;AND PROVIDING FOR AN EFFECTIVE DATE. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A$100,000 HOME BY APPROXIMATELY$6.03 ORDINANCE NO.2005-43 AN ORDINANCE APPROVING AND ATHORIZING THE EXECUTION AND DELIVERY OF "CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION, SERIES 2005"; SPECIFYING THE TERMS OF SUCH CONTRACT; MAKING PROVISIONS FOR THE PAYMENT THEREOF; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE EXECUTION, PERFORMANCE AND PAYMENT OF SUCH CONTRACT, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO.2005-44 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED,AND TO AMEND ORDINANCE NO. 99-31 AND THE DESIGN STANDARDS FOR THE RIVERCHASE PLANNED DEVELOPMENT DISTRICT (EAST FORK BY THE LAKE/RIVERCHASE) ON THE HEREINAFTER DESCRIBED PROPERTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.2005-45 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-40, WHICH AMENDED ORDINANCE 2004-29, APPROVING AN EMERGENCY APPROPRIATION OF FUNDS FOR THE LIFE,HEALTH,PROPERTY AND THE PUBLIC PEACE OF THE CITIZENS OF WYLIE TEXAS AND VICTIMS OF HURRICANE KATRINA; PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. Mayor Mondy convened into Executive Session at 7:45 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq, Texas Government Code,to wit: • Section 551.074. To deliberate the Evaluation of the City Manager Mayor Mondy reconvened into Open Session at 8:10 p.m. RECOVENE INTO OPEN SESSION Take any action as a result of Executive Session Mayor Mondy announced that there would be a Special Called Meeting on the 20`h of September, 2005 to continue the Evaluation of the City Manager. ADJOURNMENT Council Action Minutes—September 13,2005 Wylie City Council Page 11 A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to adjourn the meeting at 8:11 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—September 13,2005 Wylie City Council Page 12 MINUTES WYLIE CITY COUNCIL AGENDA Special Called Meeting Tuesday, September 20, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER Mayor Mondy called the meeting to order at 6:03 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman Earl Newsom, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mark Roath; Assistant City Manager, Mindy Manson; Planning & Zoning Director, Claude Thompson; Assistant Finance Director, Ron Hutchison; Police Chief Jeff Butters,and City Secretary,Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Mayor Pro Tern Hogue gave the invocation and Councilman White led the Pledge of Allegiance. PRESENTATION • Presentation by Susan Etheridge,Executive Director for the Collin County Children's Advocacy Center Executive Director of the Collin County Children's Advocacy Center, Susan Etheridge addressed Council giving an overview of the work the CCCAC provides to the County and Citizens of Wylie and the resources for funding of those services. Ms. Etheridge explained that in Collin County the CCCAC received over 300 new cases of child abuse each month and over 400 children in the Foster Care System at any given time. Last year in Collin County there were 3,800 referrals of child abuse in the CCCAC Center. Ms. Etheridge reported that this was a 17% increase from the year before and it is anticipated that this will rise to 20% next year. Wylie makes up about 8% of this total. Last year Wylie had 292 referrals and in 03-04 there were 231 referrals which is a 26% increase. She added that mental health services have been ongoing by CCCAC, for the evacuees housed in the Armory. Therapy services that CCCAC provided in Collin Country, was over 1000 hours and computes to over $600,000, if paid for individually. She explained some of the other services the center provides such as medical attention, rent and other life necessities. • Presentation by Vicki Magee,Executive Director for CASA Executive Director of the Court Appointed Special Advocates, Vicki Magee addressed Council giving an overview of the work CASA provides to the County and Citizens of Wylie and the resources for Minutes—September 20,2005 Wylie City Council Page 1 funding of those services. She explained that the organization is appointed to 100% of the cases in Collin County when children are removed from the home. The mission of CASA is to provide an advocate to each child removed from a household. We are the guardian of the child for legal purposes. Our responsibilities are designated in the Texas Family Code. The advocates assigned to the cases provide care to the child as well as testify in court and provide all documents required by the court. They act as the eyes and ears of the court. She explained that the volunteers, unlike Child Protective Services, provides one on one or one to two cases at a time, allowing individual assistance to that child and case. Ms. Magee reported that about 7% of the children served at CASA on an annual basis were from the City of Wylie. She reported that the administrative cost of the program was 16% and 84% goes directly to the programs to assist children. She explained that a crisis was at hand in regards to funding these programs. Numbers of children were increasing and funds were short to assist all the cases reported. She handed out information on the CASA services. INDIVIDUAL CONSIDERATION 1. Consider and act upon Ordinance No. 2005-47 amending Ordinance No. 2004-29 (2004- 2005 Budget) and Approving an Appropriation of Funds for Abused and Neglected Children and Displaced Individuals of The City Of Wylie, Texas and Collin County; Providing For Repealing, Savings And Severability Clauses; and Providing for an Effective Date of this Ordinance. Staff Report We have received a request from Mayor David E. Dorman of the City of Melissa to join Collin County Cities in the support of the Collin County Children's Advocacy Center, Court Appointed Special Advocates, and the City House. These worthwhile organizations serve the communities within Collin County and support the Police Departments within these communities. Representatives from both CASA and CCCAC were present tonight to explain the work that each organization performs on a daily basis. Also included in the packet is a letter from Mayor Dorman, City of Melissa, urging support in joining with the other cities that have already opted into this program. The support would be initially, three entities, CASA, CCCAC and CITY House for a total of$.50 per Wylie resident (population 29,800). This total would be $14,900. If the City Council approves this Ordinance and the appropriation of funds, a legal contract must be entered into which: (i) clearly states the public purpose to be furthered, and(ii)contains terms which give the City sufficient control over performance of the contract to insure that the public purpose for which the funds are being donated is carried out for the benefit of the City and it residents. The City Attorney's office (Rebecca Brewer) will provide such contract for Council approval before disbursement of funds. Council Discussion Mayor Mondy asked Police Chief Butters if he saw value to these programs. Chief Butter replied that there was not much interaction with CASA but the department had a large amount of interaction with CCCAC,with some of their volunteers at the Police Department at least every week or two. Chief Butters explained that the organizations were a very valuable asset to the City of Wylie and were needed to assist with these displaced children. Mayor Mondy asked City Manager Roath what the recommendation from staff was. City Manager Roath replied that the fist recommendation would be for staff to come back to Council with a policy for contributions to non-profit organizations that serve the public purpose. With the growth of Wylie, there will be more and more organizations coming before Council for contributions and an overall policy needs to be in place. Secondly, the determination must be made as to the impact to the City with regard to the services of these two organizations and it would seem that there is such an impact. In regards to City House, there is no information regarding this organization. Ms. Mcgee stated that this was a home for displaced children. Mayor Pro Tern Hogue stated that he would like to see a policy in place before contributing to any organization. He stated that he Minutes—September 20,2005 Wylie City Council Page 2 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM September 27, 2005 Engineering Council Meeting Of: Originating Department: Prepared By: Chris Hoisted Account Code No. #: Date Prepared: September 19, 2005 Budgeted Amount: N/A Exhibits: Amendment AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute an amendment to Work Order WYL-32 to TRC/The Hogan Corporation in the amount of $12,140 for the design of approximately 1,150 LF of 8-inch gravity sewer, 1,470 LF of 8-inch water line, and 1,640 LF of storm sewer along Ballard Avenue. RECOMMENDED ACTION: Approval SUMMARY: An 8-inch water and sewer line serve properties on Ballard Avenue between Stone Road and Birmingham Street. The lines are deteriorated and are in conflict with the future paving and drainage improvements along Ballard Avenue. Also, an alternate to the storm sewer at the southern end of the project is being designed which will eliminate the need for an open swale along the east side of the project. The Hogan Corporation is currently finalizing the design of the paving improvements to Ballard Ave., and the attached amendment revises the design phase services to include 1,150 linear feet of 8-inch sewer line, 1,470 linear feet of 8-inch water line, and 1,640 linear feet of storm sewer. The proposal increases the design phase services by$12,140 for a total of$239,540. APPROVED BY: Initial Date Department Director: CH \ 9/19/05 City Manager: 42812 \ 9/aa/ai 1 9/7/2005 AMENDMENT TO: WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO. WYL-32 PAVING AND DRAINAGE IMPROVEMENTS ALONG Ballard Avenue ( STONE ROAD SOUTH TO CITY LIMITS ) The reference to Work Order No. WYL-32 is hereby amended as follows: C. DESIGN PHASE 3. Final Plans and Specifications j. Revise the plan and profile sheets to include 1,150 LF of 8" gravity sewer line and 1,470 LF of 8" waterline along Ballard Avenue from Stone Road to Birmingham Street. The 8" gravity sewer and 8" waterline are to be designed and incorporated into the paving and drainage construction plans. k. Design an alternate outfall for the storm drainage system to include 1,640 LF of drainage pipe along Alanis Drive from Ballard Ave. to the creek located east of Hall Drive. Separate plan and profile sheets are to be produced and incorporated into the original plan set. G. BASIS OF COMPENSATION 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section C, on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of$239,540. -1- 9/7/2005 APPROVED: ACCEPTED: CITY OF WYLIE TRC /THE HOGAN CORPORATION By By - John Mondy F on,P.E. Mayor Senior ector Date Date 9 7 oS -2- CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 27, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: September 19, 2005 Budgeted Amount: Exhibits: Preliminary Plat AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 10C, generally located northwest of Woodbridge Phase 9, at the intersection of Creek Crossing Lane and Lost Highlands Lane. RECOMMENDED ACTION: The Planning and Zoning Commission voted on September 6, 2005, 6—0 to recommend approval. SUMMARY: The property totals 49.097 acres and will create 174 residential lots, with minimum lot sizes of 7,200 square feet in accordance with the PD. The subject property is part of the larger mixed use Woodbridge Planned Development (PD 98-15), which consists of Single-Family Residential of varying densities, Multifamily Residential, a Golf Course, Parks, Commercial, a School Site, and Common Open Spaces. The entire Planned Development is 921 acres in size of which approximately 409 acres and 1,650 single-family lots of the PD are located within the Sachse city limits. The portion of the PD located within the Wylie city limits is approximately 512 acres in size and includes a golf course, a school site, common and public open spaces, and approximately 980 single-family residential lots (SF-5.5, SF-7.2 and SF-8.4). The Phase 10C Addition currently under consideration is entirely within the Wylie city limits. The Concept Plan was approved by the City Council as part of the original Planned Development (PD 1998- 15) on June 9, 1998, but did not serve as an approved Preliminary Plat and each subsequent phase must have a Development Plan/Preliminary Plat approved by the Planning and Zoning Commission and City Council. No public hearing is required for Development Plans, which conform to the PD's Concept Plan. The subject development will comply with all of the applicable requirements set forth in the conditions of the PD 1998-15, and generally complies with the approved Concept Plan of the PD. APPROVED BY: Initial Date Department Director: CT \ 9/19/05 City Manager: /YJBA \ 9A i/4 1 AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 10C, generally located northwest of Woodbridge Phase 9, at the intersection of Creek Crossing Lane and Lost Highlands Lane. 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Bd .n..ar wa":" m• 5% +o• M1� 8 --- �� CB.NS _ �'// j/ U[/ YY� •�% d" O.:,X1e�N. 1 �} 'Iv.' r , ��'11B 0, \l �3 %�'��\ ss'nE� ---6=9. :r. .. O' -e\ �i al g yS �' B2B9' �!` • Ini USX VAM DETNL N ... • -.GI lb_ • 6}/ '' 1 n �.P P Tr. I .25. ,11• 9 Y I I)]!-\. 61'/ - ''�,a • e\ ry _ ti IF ` \ \__ s/B'wsr j / �.e\�1• (��"'lll e 9 a •G� tE 'fr de pr �/ ° aea a .n 2I1r.k �.3963-ACR �..---— / `/ .-�y 'T' ,� 9.1 1 �,'G. eB \ ., se'2.'wT �799.J% -ACRES_ — '/ // ♦ / tis d 28 I w7esc %T7WBR/DfiE PROPERAES.7.tC-//T / i• ¢ / ,s \ °•• 5 :8. `� d' 0�V. \1L`L 19 0�'�, 11 \ `c C.F.NO7'94,0032076/ / ram//S,./ 9 t •B o '� -\ n 1 �rva3Te llw \ r\`R.C.C. / /�,.// {-- /' _ '�.�h 14: to \ p. ,a;�� a: \ I } \ \ \�q�. ///// I' '/ �'G� '•'t1/e '/ .5p31. -� tS S tr,. J'• �/ `b' 8.. 51..a' lr.3o' A I $ 120.00' 6 \ // / / i'� za' \ t Y+ �/ G ffi 4 22 senr.BE r26 I 4 •.BRIDGE PH I tttt ^ \ 6 •.d/j/// �/ :�• --�/ +Y� 5650 °$Ai) 4r- t�l 11\ \ `� % %�' ti \ �r.' SBoar N MRccr L .7: '17 F •'�\ ——/\ 1•45 B.E. /// ///'� / a /�7 .52. a��CI- 'W 1gO.00 I \Tr'8. •:-.1 ' s�° � ff" 8 �6 3 1 12 zo• F / \��50.5 /B ysy //i '�4 A K ta� ` 1 el w �" I d.��ci $ Q¢�� °o-�ti ii.. airy / i.�r',km. rl''531'21N •\\\ -/ O�� /��I / �.'�/ ;A•r�,�j t�- vie ' \ \ s. A'� 6 �xo; \,_ .- [• ' ; • 6. az /�i °�' w56.:. C t w .� N L o . A\ ��( 1 z ,G z1 r3' < j '` 8./\,/ / "In', '1at6 �.'r $ S\ 5a Ar'' :�. NB' •`� %\ r• v\ \ .(W $ i270 / ]]].>�,S 7f r ` /^ .I/// u*IA , C / �/ 5 �j�' �6_.5Ui Bp i' -tj0..E \ \ "\ Se r10 I r` I`)`` M ` �yN# /yr ( 1 °o —$ E� `E 1l'� •A,y •ly$a. '','o, $ T'N.' G�5} \ 5,d �I / j, A+ /14 v Al \ 1 Cj'. 4 P {T \Ip_�q "'EJ �l tom/- \�A i' \ a 5B5,�1 \ c \N 4\\\\ 1 ` rt \ . t,0, a ,1 ,s11 V. PRELIMINARY PLAT \ \ \t � 12 ie. \5' I t``ia°° WOODBRlDOE \\ , \\` (. 4 $ \QS „1E� C \ N PHASE 10OTS 5 ,`� 1�' 'P" 2 COMMON AREA N. .O_ \ \ 1)'' ZONED:PLANNED DEVELOPMENT \ N \ `\`\ p� W E FIF.661 RON SET DISTRICT(PD 96-15) ws-f69 lloo SET N BEING 49 0967 ACRES SITUATED IN THE ! nv lAIDINC,NXE95,a NnIERAx¢CASPENT RICHARDNENEMNSURVEL,ABSTRACT NO.660 . ussAms ILL-BMIDNC DIM CITY OP WYLIE,COLLIN COUNTY S EMIT.-.OEAEIT AND COLLIN COUNTY,TEXAS + Tr•ME.oNA f91T.-1.TIEMANC OEASES EASEMENT €i NE-MNl a WALL MANIETiNI¢EAY°IdT GRAPHIC SCALE Tg PLE Puac VASTY EA9NENT tw _ �J�y� LRC6T. OOP RECORDS OF CR.COMM TENS a �_� •n•A5'•••"• I Y.RC.CT.-ES SECONDS R C0.IN!COUNTY TEXAS c.wa r aww..w -�R4I , ('-COYOTES LOT FRONTAGE >m�w DT X 95VOM DETNL Nat rraY 7 ♦.SHEET E""N CNNWE .u.o•mw�m -w. mo S.�•ro�ronm�M1.memM-m..namww•.rawnnacrvbbrw wr.oawe 1 .N M1 .w.cr •.m tr<r m.m.....m .m r w.mwy.rmaw•..awr.auger umw.m Viw RA��.- — — SHEET 2 of 3!! ¢I I I k I couaTYos cdLLII• o.AMeR•<ER1.rA>E NOW THEREFORE..Ow AL/MEN EY TOPE PRESENTS: MOW TABLE LORE TABLE a0009EID0E at10... ..«a Pe P..../.............. ... WPM DELTA RAMIS LENGTH CMBQO STANK COW LIVE LENGTH 9EAR410 aw..C.Ta0300C.MCa.aTa..1«0 p..*r.0 11111 w.Mr of.MiaA....1, 11.1000 *.« a.3aaa M wwaere..,mop.. 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M cpr Ap..ceMCora.Tana.Lcaa9mMae.m.ear.wra« M.01w.ma.rm may ln TM..l.bro.w.wa..a M.rp.bn manras.,we.wl de. CL IISD'M" 160.m 61M NS510780 DAN LD nm SA JSYJT Ceuta.....«.....a.,.....m.e,a map*moue.arm... aaavMr w.aat a6a.rM...aaraeM.IM.MM VP CO 996'00' 150.m 2193 N.67pYbt 21P) L9 19121 %6AY/I"W 8F .•n .yrr•marina.,w Mar.aow a ware• rrwraw.a wa.twp. no 1346 r5am A/a 6159121211 Y 3836 Lb N6,03 $602/Yrt t !+1•.�et0. CrreC.wrv•r*i 60.1..7091L.p..«.d.Pm meat 00**aawn"Men ....marwOip. oo o*.,.a.dwm",.n.r•vrwwb ar+rr0�r..rar�..rer..M�w.a+ •W k MM R re .max 7*0w M....wrM1 amraw SWIM el .a tw area ra""«r en.•...Me..w.r am.. L72 6651.E 25000 I66D2 65215'36V 1AE26 L2 4151 53610'66 PPMtaro«C"15 exam. cwra.Tr..rwaMMMpl...I.mm.a lnCewnn9r 77x.d +'AIr N.My,Aaw a.Mrar.m.,Er.meH•.n..bl pan..... 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I.21 LI2 119.16 S7P36'M"E .S- d*.N.ee.<a.pits M�awp.a omal an.a.smx....•N.el 74600.•....d paw.PO..es.Ma,Irma.r.e.r«vwwrwwdawawa«.rr+r•al...d+w...a« CID AI9YY 1.6000 IM.P S11DY11'W 1021) Lt6 P0.m %SAYII"W e22 wan ts ro0Onrneeel eP....5.ea..sae.. ....,,sh.....w«m,e.w r. 11.1.E.0t T.C.41.a.n...Mry...M e6.0*7 2rwb a.asl•IMasenewe......WEM.rna...Mnl.......wa.y.ar0vwl C19 90Wb0" 1150 52.62 6425Y10"W /7.36 L19 /621 5.A•1l700 • • oC.......e...o.a....ii..M...PP.. CP 16'2Y15"1121m 3231 NIO•roY2T J22.IJ LTO 11.62 524,091 ere Y•- 6Ie'.ev.L93 00 0Pr 1tee334.......... Mara_ rut atw.aM n9. b.a upon be vets 6a.n.En w.ae.nm...Me me..a.......w.....mru �5'35 J190 51.65 52560YJT 10.69 L2I 2300 NeseIrs E war 6. ...•o.ve b MMrpM,Me.9n.0 eve.um.0610 .•10owar....re.news DO. . n.an C22 .Sp'49'rY Imm 6A55 e 6Oawemen.ad Lot 15.a 0MxO®m0reaase CLUB, b+roax-Mn op........,.....M P.a...*We.e.rga.L0n 32200230 2E41 L2. 7.61 %21y02"W CLUB, pamp.d..reea..a.,+9.a•.ra.Talw.w a.caavAr.Trr. 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MOT..PUBLIC a.ro.STATE OF Tors 30 e.o..n 77161E Eat 17,«rap,andanmm.0.51a'.aydare.)273 10004 eadwae.q In r m-e aletorme art•nindtn wnomaTn«m pinroam<wm.. f0.9 9020 31 >M7 4 In .1Vta-r1Lm4L..... du11KYMd®rmuTMe OaEN 1 MZ% 32 )Z•2 ] Lam 0 7447 05ama 4pu.reaam« w..o a o".maw.ma.or WOOPFIRME F.SE 9. 66d ]] 1013 ; MA ]M M Mu 11.3 • ma.r 00............m......... ..ell410 o,L.^pme1Ln.n Me man se of NOCOBt00E PHASES.wn ..Ow AU MM 9Y T19EM r.mH3_ 754? 35 6T•1 9 law r 10Mm M..arg041*41 rut L..801600 ..M n1mtae46....wra.p..r.an act.wnea.11m4w2+1.wax 7.1 36 10903 4 7447 m.m.o.C.F.a«ooOMIDCE M SE 9. ...m....w.ma.P.P.PA....amm.lo.ennen«amwrm......mp m.. 7341 I ewD 0 7200 of.City of M1 2 PAO 11 7080 ln ▪was....1..w"'Im a L....Lam and....a va00BmWEp PHASE.ttow .lee.«e F.w insen P.D....a........pr.Mma. 7560 • TAO 9e66 7565 7200 3669 T.6x4 OTAT Ph.a pm.a 91a1.aa SPAmn•are1OMe.oar.. .m0 a•1a9.0.wb 16a0 _ 6 7300 11 )N) _4.,S av▪ 2 M.+d,M..r.b Mr 40451 1 , � 7 7200 16 7M] 0n.n%aama an.or23,1]H'.MA.radius 1770.w,.adaea.• 7P0 p 7l16 - vary.aewmea5P62a.m•SP. ..a 60n.etro•risen iron eon.. �*10 Pmay-yv.Dca.n ON..sw Lew,D«.,..naH 1 ASSOCIATE,ow 1 )59a 6 93e• 1 9N2 "orb.prep nee M Peg..a a P....a a 12700P rCa µis law 9 10 AA -5wn..M0Mand 0.rte of 0M e0M MP. ••n <.a r.wy 1 MW 10 M24 II OM) •c.m«epa or l5Nxa9',rwra;•n.uaea wr.ar0w.. 1 67W 11 7624 20 1F.O a•m�aamaeP n..e..a 11 7.2a 31 7M! 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San 6.7 9112 ae"atip.p roe%.MP 1.1rNe sea« nee.7.Ott.Mp...MO.Cewa Tram M 1 iqW MA 6 2500 2 7566 1 a. 6 7660 CERTIFICATE OF APP... 3 7290 1 305 7 )S60 • 7324 1 1359 a 7560 m4.....5.4l4.AHpear 5 UN 1 19M 9 76M 6 7424 1 6606 10 7510 7 7324 1 3507 11 7560 . 2w ta 15 a .am.a00 Oleo • 7324 1 4276 12 7560 c.c., *7• a 6.mA6Ta m • 7310 1 3a91 13 7360 - 10 7030 1 0237 14 'AOve.alwteowawr 11 7a00 1 5007 15 Tits K02 72 7500 n 0425 1le 7 *712 13 7600 PRELIMINARY136•L�a �9 PLAT 10015 Map.City avryw,Trr G.. 1 A00 22 1 /y/V��Qr[B`j1 11W9�6/y6Dly�[99{O�I//y��y++I I7 9561 25 7200 W/16D4M6. .E.cE II PM.F n 9261 26 7200 4 RESIDENTIAL Ma..C.o,w,r,Ter COW 17 LOTS 2 COMMON AREA u T.ut..e.a Me cut a.vaal et Pe Ca or w.,T. Meta twee....•4.0.21Maa a ZONED:PLANNED96-15)DEVELOPMENT , .CNIOON DE e.AM IOC r d VA.Mm•w.eroM cut O.p one_r2a 0867 CR(POSITUATED Coa0 W*.MM.i..a.,an ar.ere.rode Ma0.07 awwa.w.aM, BEING 19.D667 ACRES SITUATED IN THE wenr..a,ao.p es,one.a.and...M.so awn.e.bon In as upon maps•.mid Comp C RICHARD NEINMAN SURVEY,ABSTRACT NO.660 I. rMM..n.n. a.mayor or a n Me sem..1.1.reap M m ae...e.o... CITY OF WYLIE,COLLIN COUNTY wen.my nand the_ay a5 wa AND COLON COUNTY,TEAS cm City dM T.. �..-Nw� i m ya..�,.. am4m.L.sr.is .rna.10.maapo Mr.awoua9 Pm.' A�A<�-�J )A•n.na pew,. SHEET C3 of 3,I1 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 27, 2005 Originating Department: City Manager Prepared By: Mindy Manson Account Code No. #: Date Prepared: September 20, 2005 Budgeted Amount: Exhibits: Lease AGENDA SUBJECT: Consider and act upon authorizing the Mayor to enter into a Lease Agreement with Collin County for the use of offices located at the Wylie Municipal Complex. RECOMMENDED ACTION: Approval SUMMARY: The City of Wylie has had a lease agreement with Collin County since 1988 for the County's use of office space in the Municipal Complex. The attached lease has been reviewed and recommended for approval by both City and County staff. The term of the lease remains on a month-to-month basis. The lease rate will increase from $14,208 per year with no assessment for utilities, garbage removal and janitorial service to $19,536 per year, plus $3,552 per year for utilities, garbage removal and janitorial service. APPROVED BY: Initial Date Department Director: MM \ 9/20/05 City Manager: Ad& \ 9h,3/ar 1 COMMERCIAL LEASE This Lease is made and entered into by and between the CITY OF WYLIE, TEXAS, a municipal corporation organized under the laws of the State of Texas, referred to in this lease as "Lessor", and COLLIN COUNTY,Texas, referred to in this lease as "Lessee". In consideration of the mutual covenants and agreements set forth in this lease, and other good and valuable consideration, Lessor does hereby demise and lease to Lessee, and Lessee does hereby lease from Lessor, the property described in Exhibit A attached to this lease, which is a portion of Wylie City Hall. These premises are referred to in this lease as "the premises" or "the leased premises." ARTICLE 1. TERM AND TERMINATION Term of Lease 1.1 The term of this lease shall commence on October 1, 2005, and shall continue on a month-to-month basis subject to termination as specified in Sections 1.2 and 1.3. The parties may review the lease on an annual basis and negotiate any changes. Termination 1.2 This lease is only for the leased premises. Lessor shall have the right to terminate this lease with no penalty by giving Lessee forty-five (45) days written notice that Lessor is moving its City Hall offices to another building. Any amounts paid by Lessee as rent shall be returned to Lessee within thirty(30) days of the termination date in a pro-rated amount. 1.3 Either Lessor or Lessee shall have the right to terminate this lease with no penalty by giving the other party ninety (90) days written notice. Any amounts pre-paid by Lessee as rent shall be returned to Lessee within thirty(30) days of the termination date in a pro-rated amount. ARTICLE 2. RENT Rent 2.1 Lessee agrees to pay to Lessor as base rent the sum of Nineteen Thousand Five Hundred Thirty-Six Dollars ($19,536) during the lease term payable in monthly installments in the amount of One Thousand Six Hundred Twenty-Eight Dollars ($1,628) per month in advance, with any amount owed for a partial month being pro-rated. Any amounts pre-paid by Lessee as rent shall be returned to Lessee within thirty(30) days of the termination date in a pro-rated amount. COMMERCIAL LEASE-Page 1 ARTICLE 3. USE OF PREMISES Permitted Use 3.1 Lessee shall operate the leased premises for the purpose of conducting County Justice of the Peace Court, continuously during the term of this agreement and shall use the premises for no other purpose. Waste, Nuisance, or Illegal Uses 3.2 Lessee shall not use, or permit the use of, the premises for any purpose which shall increase the existing rate of insurance upon the building, or cause the cancellation of any insurance policy covering said building, or sell or permit to be kept, used or sold in or about said premises any article which may be prohibited by the City of Wylie insurance policies. Collin County shall not commit any waste upon the premises, nor cause any public or private nuisance or other act which may disturb the quiet enjoyment of any other Lessee, nor shall Collin County allow said unsafe purpose, including, but not limited to, the storage of any flammable materials, nor shall Collin County use any apparatus, machinery or device in or on said premises which shall make any noise or set up any vibration which can be detected by other Lessees, or which shall in any way be a detriment to said building. Parking 3.3 Lessee's employees, customers, guests and invitees shall have the right to park, without charge, during the term of this lease on the parcel adjacent to the building on the west side. ARTICLE 4. MAINTENANCE, SURRENDER AND HOLDOVER Maintenance 4.1 Lessor shall maintain the leased premises and parking area in good condition, except that Lessee shall promptly make any repairs or replacements to the Property that are the result of damage caused by Lessee or Lessee's employees, agents, invitees, visitors or guests. If Lessee fails to make such repairs or replacements, Lessor, in its sole option, may, after proving ten (10) days written notice to Lessee, make such repairs or replacements and Lessee shall repay the costs incurred by Lessor as part of the next monthly rental payment due and owing, and failure to pay shall constitute and event of default. Surrender 4.2 Lessee shall surrender the leased premises to Lessor at the expiration of this lease in good order, repair and condition, at least equal to the condition at the beginning of this lease, ordinary wear and tear excepted. COMMERCIAL LEASE-Page 2 Holdover 4.3 Lessee shall vacate the leased premises immediately upon the expiration of the lease term or earlier termination of this lease. Lessee shall reimburse Lessor for and indemnify Lessor against all damages incurred by Lessor as a result of any delay by Lessee in vacating the leased premises. If Lessee does not vacate the leased premises upon the expiration of the lease term or earlier termination of this lease, Lessee's occupancy of the leased premises shall be a day-to-day tenancy, subject to all of the terms of this lease, except that the rent during the holdover period shall be increased to an amount which is one-and-one-half(1%2) times the rent in effect on the expiration or termination of this lease, computed on a daily basis for each day of the holdover period, plus all additional sums due under this lease. This paragraph shall not be construed as Lessor's consent for Lessee to hold over or to extend this lease. ARTICLE 5. HOLD HARMLESS Hold Harmless Clause 5.1 Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs, and expenses, including reasonable attorney's fees for the defense of such claims and demands, arising from the conduct or management of Lessee's business on the leased premises or from its use of the leased premises, or from any breach on the part of Lessee of any conditions of this lease, or from any act or negligence of Lessee, its agents, contractors, employees, sublessees, concessionaires, or licensees in or about the leased premises, but Lessor shall not indemnify or hold harmless Lessor for its own negligence or willful misconduct. In case of any action or proceeding brought against Lessor by reason of such claim, Lessee, upon notice from Lessor, agrees to defend the action or proceeding by counsel acceptable to Lessor. ARTICLE 6. UTILITIES, GARBAGE REMOVAL AND JANITORIAL SERVICES Utility Charges, Garbage Removal, and Janitorial Services 6.1 Lessee shall pay the sum of Three Thousand Five Hundred Fifty-Two dollars ($3,552) during the lease term payable in monthly installments in the amount of Two Hundred Ninety-Six dollars ($296) per month for their proportionate share of all utility charges for water, electricity, heat and gas used in and about Wylie City Hall, garbage removal, and janitorial services, during the term of the lease or any extensions thereof, all such charges to be paid by Lessee directly to Lessor before the same shall become delinquent. The utility charges contained in this paragraph may be reviewed by Lessor on an annual basis and mutually changed by Lessor and Lessee to reflect then current operating conditions. COMMERCIAL LEASE-Page 3 ARTICLE 7. ALTERATIONS, ADDITIONS, AND IMPROVEMENTS Consent of Lessor 7.1 Lessee shall not make any structural alterations, additions, or improvements to the leased premises without the prior written consent of Lessor, and Lessee may not remove improvements or any part thereof without the consent of the Lessor. Nonstructural alterations, additions, or improvements shall not require approval by Lessor. Property of Lessor 7.2 All alterations, additions, or improvements made by Lessee which remain on the leased premises at the expiration or termination of this Lease shall become the property of Lessor. ARTICLE 8. TRADE FIXTURES AND SIGNS Trade Fixtures 8.1 Lessee shall have the right at all times to erect or install shelves,bins, machinery, or other trade fixtures in, on, or about the leased premises, provided that Lessee complies with all applicable governmental laws, ordinances, and regulations regarding such fixtures. Lessee shall have the right to remove all trade fixtures at the termination of this lease. Any trade fixtures that have not been removed by Lessee at the termination of this lease shall be deemed abandoned by Lessee and shall automatically become the property of Lessor. Signs 8.2 Lessee shall have the right at all times to maintain signs existing, pursuant to a previous lease, at the time of execution of this lease. Lessee may relocate, replace, remove or add additional signs upon written approval of Lessor, which shall not be unreasonably withheld. ARTICLE 9. DAMAGE OR DESTRUCTION OF PREMISES Notice to Lessor 9.1 If the leased premises or any structures or improvements on the leased premises should be damaged or destroyed by fire, tornado, or other casualty, Lessee shall give immediate written notice of the damage or destruction to Lessor, including a description of the damage and, as far as known to Lessee, the cause of the damage. Casualty 9.2 This Lease shall not terminate upon a casualty, regardless of the amount of damage by fire, tornado, or other casualty. Lessor shall not be required to make any repairs. The lease may be terminated by either party in writing if Lessor determines that it will not make any repairs. COMMERCIAL LEASE-Page 4 ARTICLE 10. DEFAULT Default by Lessee 10.1 If Lessee shall remain in default under any other condition of this lease for a period of thirty (30) days after written notice from Lessor, Lessor may recover monetary damages and shall have all remedies at law or equity to dispossess Lessee from the leased premises and to allow Lessor to retake possession of the leased premises, including an action for forcible entry and detainer. Waiver of Breach 10.2 A waiver by either Lessor or Lessee of a breach of this lease by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of the lease. ARTICLE 11. INSPECTION BY LESSOR 11.1 Lessee shall permit representatives and employees of Lessor to enter into and on the leased premises at all reasonable times for the purpose of inspection of the premises and conducting any services, maintenance, etc. ARTICLE 12. ASSIGNMENT AND SUBLEASE Assignment and Subletting by Lessee 12.1 Lessee may not sublet, assign, encumber, or otherwise transfer this lease or any right or interest in this lease, or in the leased premises or the improvements on the leased premises, without the written consent of Lessor, which consent shall be solely within the discretion of the Lessor. Assignment by Lessor 12.2 Lessor may assign or transfer any or all of its interests under the terms of this lease provided that Lessor notifies such assignee of the contents of this Lease. ARTICLE 13. MISCELLANEOUS Notices and Addresses 13.1 All notices required under this lease must be given by certified mail or registered mail, addressed to the proper party, at the following addresses: COMMERCIAL LEASE-Page 5 Lessor: City of Wylie Mr. Mark B. Roath 2000 Hwy. 78 North Wylie, TX 75098 Lessee: Collin County/Construction&Projects Department 4600 Community Ave. McKinney, TX 75071 Either party may change the address to which notices are to be sent it by giving the other party notice of the new address in the manner provided in this section. Parties Bound 13.2 This agreement shall be binding upon, and inure to the benefit of, the parties to this lease and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this agreement. Texas Law to Apply 13.3 This agreement shall be construed under, and in accordance with the laws of the State of Texas, and all obligations of the parties created by this lease are performable in Collin County, Texas. Legal Construction 13.4 In case any one or more of the provisions contained in this agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the agreement, and this agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the agreement. Prior Agreements Superseded 13.5 This agreement constitutes the sole and only agreement of the parties to the agreement and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this agreement. Amendment 13.6 No amendment, modification, or alteration of the terms of this agreement shall be binding unless it is in writing, dated subsequent to the date of this agreement, and duly executed by the parties to this agreement. COMMERCIAL LEASE-Page 6 Rights and Remedies Cumulative 13.7 The rights and remedies provided by this lease agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Attorney's Fees and Costs 13.8 If, as a result of a breach of this agreement by either party, the other party employs an attorney or attorneys to enforce its rights under this lease, then the breaching party agrees to pay the other party the reasonable attorney's fees and costs incurred to enforce this lease. Force Majeure 13.9 Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this lease so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and. any other cause not reasonably within the control of Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. Time of Essence 13.10 Time is of the essence of this agreement. The undersigned Lessor and Lessee execute this agreement on the date set forth below, at Wylie, Collin County, Texas. [execution page follows] COMMERCIAL LEASE-Page 7 EXECUTED to be effective the 1st day of October, 2005. LESSOR: THE CITY OF WYLIE, TEXAS, a municipal corporation organized under the laws of the State of Texas By: Printed Name: John Mondy, Mayor Date Executed: September 27, 2005 LESSEE: COLLIN COUNTY, TEXAS By: Printed Name: Date Executed: COMMERCIAL LEASE-Page 8 EXHIBIT A Leased premises consist of 1,776 square feet of office space within the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas; Francisco De La Pina Survey, Abstract A0688; Block 2, Tract 195. COMMERCIAL LEASE-Page 9 CITY OF WYLIE Item No. E Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 27, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: September 16, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon authorizing the Mayor to sign an Interlocal Agreement with the Wylie Economic Development Corporation(WEDC). RECOMMENDED ACTION: Approve. SUMMARY: This proposed Interlocal Agreement covers office space and administrative services at the City Hall. APPROVED BY: Initial Date Department Director: City Manager: 9/a3.& INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND THE WYLIE ECONOMIC DEVELOPMENT CORPORATION (Office Space and Administrative Services) THIS AGREEMENT (the "Agreement"), made and entered into this 27th day of September, 2005, by and between the CITY OF WYLIE, TEXAS, a municipal corporation (the "City"), and the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a political subdivision organized under the Development Corporation Act of 1979 through the auspices of the City of Wylie, Texas ("WEDC"). WHEREAS, the City has investigated and determined that it would be advantageous and beneficial to the City and its citizens to provide office space and personnel services to the WEDC; and WHEREAS, the WEDC has investigated and determined that it would be beneficial to the City and its citizens to office at Wylie's City Hall; and WHEREAS, the City and the WEDC desire to enter into this Agreement for the purpose of establishing the administration and compensation to be paid pursuant to the use of City's office space and personnel; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the "Act"), provides the authority to political subdivisions for contracts by and between each other to facilitate the governmental functions and services of said political subdivisions under the terms of the Act. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, the City and the WEDC agree as follows: 1. Term. The term of this Agreement shall be from October 1, 2005 to September 30, 2010 ("Term"). 2. City's Obligations. City shall provide WEDC with: A. An office that is adequate size for the WEDC Executive Director ("Director") and a second WEDC employee with in City Manager's office suite, or other location acceptable to the Director, at City Hall; B. Full use of City's phone system, facsimile machines, printers, copiers and other office equipment used in daily operations; C. Accounts payable, payroll, audit and other financial services requested by the Director; and INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS AND THE WYLIE ECONOMIC DEVELOPMENT CORPORATION(Personnel Services) Page 1 408912.V1 D. Shared utilization of a secretarial position for administrative support. 3. WEDC's Obligations. WEDC shall: A. Pay City One thousand dollars ($1,000.00)per annum for the financial services provided in accordance to paragraph 2.C. above; B. Pay City Thirty-seven dollars ($37.00) per month for utilities, janitorial service and garbage removal; C. Be responsible for providing its own supplies necessary to conduct the business of the WEDC; and D. Pay City Twelve thousand dollars ($12,000.00) per annum for administrative assistance provided in accordance with paragraph 2.D. above. For the first year of the Term of this Agreement the WEDC shall receive a Ten thousand dollar ($10,000.00) credit towards the first annual payment for WEDC's participation in the Facilities Needs Assessment Study completed in May 2005. All payments to be made by WEDC under this paragraph 3 shall be paid on or before the first day of the year or month for which they are owed. 4. Termination. Either party may terminate this Agreement, with or without cause, upon ninety (90) days written notice to the other party. Should City relocate City Hall to a different facility, the WEDC may elect to move to the new City Hall location and continue this Agreement or terminate this Agreement. 5. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Mail, postage pre-paid, certified mail, return receipt requested, addressed to either party, as the case may be, at the addresses contained below: City: City of Wylie Attn: City Manager 2000 Highway 78 North Wylie, Texas 75098 WEDC: Wylie Economic Development Corporation Attn: Mr. Sam Satterwhite 2000 Highway 78 North Wylie, Texas 75098 6. Miscellaneous. INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS AND THE WYLIE ECONOMIC DEVELOPMENT CORPORATION(Personnel Services) Page 2 408912.V 1 A. Assignment. This Agreement is not assignable. B. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. C. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. D. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. E. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. F. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. G. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. H. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. I. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS AND THE WYLIE ECONOMIC DEVELOPMENT CORPORATION(Personnel Services) Page 3 408912.V1 J. Pursuit of a Governmental Function. Both the City and the WEDC have determined by their execution of this Agreement that this Agreement and the obligations of the parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation, Chapter 791, Texas Government Code, and the participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. K. Sovereign Immunity. The parties agree that neither the City nor the WEDC has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. 1. Binding Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. No third party shall have any rights herein. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. THE CITY OF WYLIE,TEXAS JOHN MONDY, Mayor Date: September 27, 2005 WYLIE ECONOMIC DEVELOPMENT CORPORATION SAMUEL SATTERWHITE, President Date: , 2005 STATE OF TEXAS § INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS AND THE WYLIE ECONOMIC DEVELOPMENT CORPORATION(Personnel Services) Page 4 408912.V1 COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared JOHN MONDY, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he acknowledged to me he is the duly authorized representative for the CITY OF WYLIE, TEXAS, and he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2005. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared SAMUAL SATTERWHITE known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the WYLIE ECONOMIC DEVELOPMENT CORPORATION, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2005. Notary Public in and for the State of Texas INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS AND THE WYLIE ECONOMIC DEVELOPMENT CORPORATION(Personnel Services) Page 5 40891 2.V1 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 27, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: 5715-58330 Date Prepared: September 22, 2005 Budgeted Amount: Exhibits: Agreement AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute an agreement with Johnson Supply, Inc. for the installation of 9,000 3G DSL Master Meter meters, the installation of a complete and functional route management system, a complete and functional collection reading system and all software and hardware required in making the system functional. RECOMMENDED ACTION: It is recommended that the City Council approve this agreement. SUMMARY: The City Council approved the purchase and installation of a new meter system using the 3GDSL Master Meters. Work is scheduled to begin the first of October. The attached agreement is designed to protect the interest of the City during this process and put in writing the understanding between the City and Johnson Supply(the Contractor). APPROVED BY: Initial Date Department Director: LW \ 9/22/05 City Manager:' \ s/aS, f 1 AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS AND JOHNSON LAB & SUPPLY, INC. FOR AUTOMATED METER READING SYSTEM THIS AGREEMENT is made and entered into between the City of Wylie, Texas, a municipal corporation and ("Owner" or "City") Johnson Lab & Supply, Inc. a Texas corporation ("Contractor") to be effective as of the 27th day of September, 2005 ("Agreement"). WHEREAS, Contractor is the sole source supplier for the automated meter system reading system to allow water meter's to be read by radio; and WHEREAS, Owner has determined that the margin of error of the existing meters is not acceptable, is causing loss of revenue and that the existing meters should be replaced. Now, therefore, in consideration of the promises made herein, the parties agree as follows: I. SCOPE OF GOODS AND SERVICES (A) PROJECT Contractor shall complete all work as specified or indicated in this agreement. The work is generally described as follows: Installation of a complete and functional automated meter reading system. The work to be performed in installing the AMR System and making it operational shall include installation of 9,000 3G DSL Master Meter meters, the installation of a complete and functional route management system compatible with the City's Incode billing system, a complete and functional collection reading system; to include a Panasonic Toughbook laptop computer that may be mounted in a vehicle, a Gamber Johnson computer mount, a radio receiver/ transmitter(EMMR Transceiver), antenna and cables, a temporary rooftop antenna and any appurtenances necessary for a fully functional system. Contractor shall provide Owner with software and hardware required in making the system functional and integrated with the Owner's billing software, except for the Incode billing software itself, shall be supplied by Contractor, including Route Management software containing Geocode mapping, 3-G technician software, 3-G Track-it, data logging software and any appurtenances necessary for a fully functional system. Contractor shall also provide Owner with two (2) days of on-site training and one (1) year of telephone support. All items or services required to be supplied or performed as identified in this paragraph shall collectively be referred to herein as the "AMR System". (B) TIME FOR COMPLETION OF PROJECT Contractor will complete the installation and have the AMR System functional before February 1, 2006. Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two Hundred Dollars ($200.00) per day for each day that the AMR System is not completely installed and operation beginning February 1, 2006. Notwithstanding, Contractor's time for completion shall be extended for work days with weather that prohibits Agreement Between The City of Wylie and Johnson Lab& Supply,Inc.for Automated Meter Reading System Page 1 409912-1 working and for periods where supplies are unavailable, for reasons outside of Contractor's reasonable control, despite Contractor's use of its best and reasonable efforts to obtain supplies. II. PURCHASE PRICE AND PAYMENT TERMS Owner shall pay Contractor for completion of the work in current funds for all unit price work, an amount equal to the sum of the established unit price for each separately identified item of unit price work times the actual completed quantity of that item as determined by City of Wylie, less a 10% retention to be held back from the Contractor until the project is completed as specified in this Agreement and satisfactory to the Owner. The items of unit price work are as follows: (1) Payment by Owner to Contractor for the AMR System required to be provided under paragraph I.(A) above, excluding the unit priced items set forth in paragraphs II.(2) and (3)below, shall be nineteen thousand nine hundred ninety five dollars ($19,995.00) to be paid upon acceptance of the AMR System by Owner. (2) Contractor shall replace 768 existing meters fitted with Data-Matic units for no charge ($0.00) for the new meters. Payment for the remaining 8,232 new 3GDSL meters (material only) shall be made at the unit price of$163.00 per meter, which price shall be full compensation for the furnishing a new 3/4 residential meter with AMR capabilities and any appurtenances necessary for a fully functional system. (3) Payment for the installation of each new 3GDSL meter, including the 768 meters provided at no charge, and removal of the old meters and site clean-up shall be made at the unit price of$29.00 regardless of the type of meter being removed, which price shall be full compensation for removal of the existing meters and installation of new 3GDSL meter, installation of any appurtenance necessary for a fully functional system and site clean-up. Contractor shall submit Applications for Payment to the City of Wylie Finance Department monthly on or before the 10th of the month for units and installations completed the previous month. For all invoices timely received from Owner, City shall make payment of the invoice,minus retention,by the end of the month in which the invoice was received. III. CONTRACTOR'S REPRESENTATIONS AND OBLIGATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations and/or agrees to do the following: (1) Contractor has examined and carefully studied the City of Wylie current billing system and the other related data including "technical data". (2) Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; Agreement Between The City of Wylie and Johnson Lab& Supply,Inc.for Automated Meter Reading System Page 2 409912-1 (3) Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the work and AMR System. (4) Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of his performance and furnishing of the work and AMR System in accordance with the times, price and other terms and conditions of this Agreement. (5) Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to work for which this Agreement was written. (6) Contractor agrees to carry adequate liability and workman compensation insurance and agrees to give Owner a certificate of insurance before starting work. The certificate of insurance for liability insurance shall name Owner as an additional insured. IV. GENERAL REQUIREMENTS (1) The Owner will advise the Contractor of all ordinances governing labor practices or conditions affecting Contractor's work that Contractor must comply with and coordinate the establishment of policies which affect the project as a whole. (2) All materials, before being incorporated into the work shall be subject to inspection, testing and approval by the Owner, and any work in which materials are used without a prior test and approval or written permission of the Owner may be ordered removed and replaced at the Contractor's expense. For the purpose of testing, a commercial laboratory shall be employed and paid directly by the Owner for such tests and inspection that is required to control the work. Testing on samples which fail to meet the requirements shall be paid for by the Contractor. (3) The Contractor shall be responsible for organizing and operating first aid facilities for its own employees. (4) During the execution of the work, the Contractor shall maintain the project in an orderly and acceptable manner. Upon completion of any phase of the project, and before final payment will be made, the Contractor shall clean and remove all surplus and discarded materials, temporary structures and debris of any kind from an installation/project site and shall leave the installation/project site in a neat and orderly condition. All clean up will be done to the satisfaction of the Owner. No direct payment will be made for maintenance and clean up, but will be considered part of the services to be performed under this Agreement. (5) Owner agrees to provide Contractor with assistance in locating existing meters to be replaced. (6) It shall be the sole responsibility of the Contractor to repair any portion of this project that is damaged, whether it is their own installation or not. The responsibility of any such Agreement Between The City of Wylie and Johnson Lab& Supply,Inc.for Automated Meter Reading System Page 3 409912-1 repairs or replacements shall be borne by the Contractor and it is specifically pointed out that no additional charges shall be required of the Owner for cost of said repairs. (7) All subContractors will be qualified to perform the task assigned and will be approved in writing by the Owner prior to starting work. SubContractors shall submit experience record and list of equipment proposed to be used to Owner for approval and shall meet the insurance requirements required of Contractor herein. (8) The purchase price set forth in paragraph II. above for each and every item includes the furnishing of all material not specified to be furnished by the Owner, all labor, tools, machinery, appliances, hauling, fuel, incidentals, plant and equipment appurtenant to and necessary for the construction and completion in a first class, workmanlike manner of all work as herein specified. The purchase price shall be full compensation and shall include all other incidentals not specifically mentioned above; and for which there is no separate item listed in this Agreement, that may be required to fully construct each and every item complete in place and operational in accordance with true intent and meaning of this Agreement. Contractor shall not request additional compensation. (9) No assignment by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent, and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. V. INDEMNITY CONTRACTOR SHALL RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS OWNER AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), PATENT, TRADEMARK AND/OR COPYWRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF CONTACTOR, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM CONTRACTOR IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY CONTRACTOR PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE OWNER(HEREINAFTER"CLAIMS"). CONTRACTOR IS EXPRESSLY REQUIRED TO DEFEND OWNER AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, OWNER SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY CONTRACTOR IN FULFILLING ITS OBLIGATIONS HEREUNDER TO DEFEND AND INDEMNIFY OWNER, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY OWNER IN WRITING. OWNER RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, OWNER IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY OWNER IS NOT TO BE CONSTRUED AS A WAIVER OF CONTACTOR'S OBLIGATION TO DEFEND Agreement Between The City of Wylie and Johnson Lab& Supply,Inc.for Automated Meter Reading System Page 4 409912-1 OWNER OR AS A WAIVER OF CONTRACTOR'S OBLIGATION TO INDEMNIFY OWNER PURSUANT TO THIS AGREEMENT. CONTRACTOR SHALL RETAIN OWNER-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF OWNER'S WRITTEN NOTICE THAT OWNER IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF CONTRACTOR FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, OWNER SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF,AND CONTRACTOR SHALL BE LIABLE FOR ALL COSTS INCURRED BY OWNER. VI. GENERAL (a) This Agreement may only be amended in writing, executed by authorized representatives of both parties. (b) This Agreement shall be governed by the laws of the State of Texas and exclusive venue shall be in Collin County, Texas. (c) Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If for Owner, to: City of Wylie Attention: City Manager 2000 Hwy 78 N Wylie, Texas 75098 Attention: Larry Williamson If to Contractor, to: Johnson Lab & Supply, Inc. Attention: Roy Stark 415 N. Tennessee Palestine, Texas 75801 d) This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. e) This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. f) This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. g) The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on Agreement Between The City of Wylie and Johnson Lab& Supply,Inc.for Automated Meter Reading System Page 5 409912-1 the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. h) In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. i) Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. j) The parties agree that Owner has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. k) All warranties, representations and indemnifications made pursuant to this Agreement shall survive the expiration of this Agreement. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in the year and day first written above. OWNER: CITY OF WYLIE, TEXAS By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary CONTRACTOR: JOHNSON LAB & SUPPLY, INC. By: Print Name: Roy Stark, President Agreement Between The City of Wylie and Johnson Lab& Supply,Inc.for Automated Meter Reading System Page 6 409912-1 VERIFICATION STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared JOHN MONDY, Mayor of the CITY OF WYLIE, Texas, a municipal corporation, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL of office on this the 27th day of September, 2005. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared Roy Stark, President of the JOHNSON LAB & SUPPLY, INC., Texas, a corporation, and that he executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL of office on this the day of , 2005. Notary Public, State of Texas Agreement Between The City of Wylie and Johnson Lab& Supply,Inc.for Automated Meter Reading System Page 7 409912-1 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 27, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No. #: Date Prepared: September 22, 2005 Budgeted Amount: Exhibits: Indemnity agreement AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute an Indemnity agreement with Wylie Goodyear for storage space. RECOMMENDED ACTION: It is recommended that the City Council approve this agreement SUMMARY: Wylie Goodyear is providing the City with storage space for the new and old meters during the City's change out of meters. They are letting us use the space at no charge. Their only request is that the City hold them harmless in case someone gets hurt or something is stolen, etc. APPROVED BY: Initial Date Department Director: LW \ 9/22/05 City Manager: ,sijg \ '&S/as' 1 INDEMNITY AGREEMENT This INDEMNITY AGREEMENT (this "Agreement") is entered into by and between Wylie Goodyear ("Owner") and the City of Wylie, Texas ("City") on this 27th day of September, 2005. RECITALS A. Owner's property is located at 1315 Century Way, Wylie, Texas 75098 (the "Premises") and Owner has agreed to allow City to use the Premises free of charge for the purpose of storing new and used water meters. B. City is entering into an agreement to replace existing water meters with water meters that can be read by radio and is in need of a location to store water meters during the replacement period. C. Owner has requested that City indemnify Owner against all claims for losses, costs, damages, attorneys' fees and expenses which may be made against Owner as a consequence of City storing water meters on the Premises, and City has agreed to such indemnification on the terms and conditions stated in this Agreement. AGREEMENT NOW THEREFORE, for and in consideration of the foregoing recitals and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, Owner and City hereby agree as follows: 1. Indemnification of Owner. To the extent permitted by law, City agrees to hold harmless and indemnify Owner from all claims for loss, costs, damages, attorney's fees and all expenses of every kind and nature which may be made against Owner as a consequence of City storing water meters on the Premises. 2. Entirety and Amendments. This Agreement embodies the entire agreement between Owner and City and supersedes all prior agreements and understandings relating thereto. This Agreement may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 3. Governing Law. This Agreement shall, in all respects, be governed, construed, applied, and enforced in accordance with the law of the State of Texas and venue shall be exclusively in Collin County, Texas. 4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one Agreement. [Signatures on following page.] INDEMNITY AGREEMENT Page 1 Wylie Goodyear L:\Agenda Packets 2005\September 27,2005\Item#G-ARBJ-#409932-v1-Indemnity_Agreement.DOC IN WITNESS WHEREOF, this Agreement has been executed by the undersigned as of the date first written above. OWNER: Wylie Goodyear By: • Sherman Wilhite Title: CITY: By: John Mondy, Mayor INDEMNITY AGREEMENT Page 2 Wylie Goodyear L:\Agenda Packets 2005\September 27,2005\Item#G-ARBJ-#409932-v1-Indemnity_Agreement.DOC CITY OF WYLIE Item No. H City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 27, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: September 23, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-48 amending Ordinance No. 2004-29 (2004- 2005 Budget) and approving an emergency appropriation of funds for the life, health, property and the public peace involving Hurricane Rita; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. RECOMMENDED ACTION: Approve. SUMMARY: The Wylie City Council, in separate actions, appropriated a total of $200,000 to aide in providing emergency assistance to Hurricane Katrina evacuees. With the advent of Hurricane Rita, the City Administration is asking that the City Council authorize $25,000 from funds already allocated for Hurricane Katrina to provide emergency assistance during and in the aftermath of Hurricane Rita. If approved, the City's Finance Department will execute a budget transfer for this purpose. APPROVED BY: Initial Date Department Director: \ City Manager: Md.Q \ 94S4r ORDINANCE NO. 2005-48 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2004-29 (2004-2005 BUDGET) AND APPROVING AN EMERGENCY APPROPRIATION OF FUNDS FOR THE LIFE, HEALTH, PROPERTY AND THE PUBLIC PEACE INVOLVING HURRICANE RITA; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, pursuant to the laws of the State of Texas and Article VII, Section 4 of the City Charter of the City of Wylie, Texas ("Wylie") the City Council of Wylie ("City Council") have determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2004-2005 budget adopted by Ordinance No. 2004-29 as set forth herein; and WHEREAS, a public emergency exists as a result of Hurricane Rita and the City of Wylie wishes to provide necessary means to secure the health and safety of its citizens; and WHEREAS, appropriations are needed as a result of Hurricane Rita to assure that the City of Wylie will be able to provide services to the citizens of Wylie or those evacuated from Hurricane Rita in our charge, including but not limited to police and emergency personnel, city services, shelter and basic necessities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2004-29 (2004-2005 Budget). Ordinance No. 2004-29 (2004-2005 Budget) is hereby amended to allow for the following appropriation: That up to twenty five thousand and no/100 ($25,000.00) may be expended over the next thirty (30) days for any aide necessary to provide services to the citizens of the City of Wylie, Texas or those evacuated from Hurricane Rita in our charge, including but not limited to police and emergency personnel, city services, shelter, basic necessities and other expenditures determined to be necessary by the Mayor to manage the public emergency created in the City of Wylie due to Hurricane Rita. Said money shall be through a budget transfer from funds already appropriated for Hurricane Katrina. ORDINANCE NO.2005-48 APPROVING EMERGENCY 2004-2005 BUDGET APPROPRIATION Page 1 This Ordinance may be amended and/or extended by the City Council prior to or upon its expiration thirty (30) days from the effective date. SECTION 3. Authorization to Seek Reimbursement. City staff is hereby authorized to take all steps reasonably necessary to seek reimbursement of the emergency appropriation funds spent in accordance with this Ordinance from state and federal governments and/or private sources. SECTION 4. Zoning Regulations Not to Apply to Refugees. To temporarily suspend for this 30-day period those regulations of the Zoning Ordinance in order to allow residential use of appropriate non-residential facilities and to allow seven (7) or more unrelated persons to domicile in Single Family and Multi-Family facilities for City qualified refugees. SECTION 5. Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent 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 6. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 27th day of September, 2005. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Date to be published in The Wylie News October 5, 2005 ORDINANCE NO.2005-48 APPROVING EMERGENCY 2004-2005 BUDGET APPROPRIATION Page 2 CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM September 27, 2005 Council Meeting Of: Originating p Ori inatin De artment: Public Services Prepared By: Michael Sferra Account Code No.#: Date Prepared: September 21, 2005 Budgeted Amount: Exhibits: 2 AGENDA SUBJECT: Consider and act upon an Ordinance amending Chapter 78, Parks and Recreation, of the Wylie Code of Ordinances. RECOMMENDED ACTION: Approval SUMMARY: On January 13, 2004, Council approved revisions to Chapter 78, Parks and Recreation, of the Wylie Code of Ordinances. The current ordinance requires the Park Board to conduct a periodic review of the ordinance and make recommendations for changes to the City Council. For the past several months, the Board has reviewed the ordinance and made recommendations for changes and clarification. The City Attorney's office has also reviewed the recommended changes. The Board approved the recommended changes on July 25, 2005. Council provided additional input at the August 9, 2005 Council meeting and asked that a Public Hearing be held by the Park Board for citizen input to the Park Regulations and that the regulations be returned to Council for consideration and action. The Park Board held a public hearing on August 22, 2005 and has concurred with Council's most recent recommendations. On September 16, 2005, staff included a memo to Council through the City Manager asking that Council submit any additional comments by Wednesday, September 21, 2005. All revisions are included in the attachment. APPROVED BY: Initial Date Department Director: MS \ 9/21/05 City Manager: Mae \ IA14b 1 Chapter 78 PARKS AND RECREATION* *Charter references: Parks and recreational facilities, art. XI, § 16. Cross references: Administration, ch. 2; environment, ch. 42; floods, ch. 50; health and sanitation, ch. 54; library, ch. 66; personnel, ch. 86; planning, ch. 90; streets, sidewalks and other public places, ch. 102; zoning, app. A; subdivision regulations, app. B; fee schedule, app. C. State law references: Authority of municipalities to operate and maintain parks, V.T.C.A., Local Government Code § 331.001; park to be open for public use under rules prescribed by local governing authority, V.T.C.A., Local Government Code § 331.007; home-rule municipality has exclusive control over public grounds, V.T.C.A., Local Government Code § 282.001. Article I. In General Sec. 78-1. Standards of care, city youth programs. Secs. 78-2--78-20. Reserved. Article II. Parks and Recreation Board Sec. 78-21. Definitions. Sec. 78-22. Creation. Sec. 78-23. Composition; appointment and terms of office of members. Sec. 78-24. Removal of members. Sec. 78-25. Vacancies. Sec. 78-26. Officers. Sec. 78-27. Meetings. Sec. 78-28. Jurisdiction. Sec. 78-29. Limitations of authority. Secs. 78-30--78-50. Reserved. Article III. Parks and Open Space Master Plan Sec. 78-51. Adopted. Sec. 78-52. Park zones. Secs. 78-53--78-70. Reserved. Article IV. Parkland Dedication Sec. 78-71. Purpose of article. Sec. 78-72. Dedication procedures. Sec. 78-73. Money in lieu of land. Sec. 78-74. Comprehensive plan considerations. Sec. 78-75. Park acquisition and improvement fund; right to refund. Sec. 78-76. Additional requirements. Sec. 78-77. Minimum park improvements. Sec. 78-78. Biennial review. Sec. 78-79. Offense. Secs. 78-80--78-100. Reserved. Article V. Park Regulations Division 1. Generally Sec. 78-101. Hours open to the public. Sec. 78-102. Parking. Sec. 78-103. Feeding of animals. Sec. 78-104. (Reserved) Sec. 78-105. Peddling and vending of articles. Secs. 78-106-78-107 (Reserved) Sec. 78-108. Disorderly conduct. Sec. 78-109. Offense. Secs. 78-110. Prohibited acts. Sec. 78-111. Penalty Secs. 78-112--78-130. Reserved. Division 2. Parking in Municipal Parks Sec. 78-131. Definitions. Sec. 78-132. Offense to violate division. Sec. 78-133. No parking areas. Sec. 78-134. Signs and markers notifying public of no parking zones. Sec. 78-135. Enforcement of division. Secs. 78-136--78-150. Reserved. Article VI. Watercraft Regulations Sec. 78-151. Public launching sites. Sec. 78-152. Watercraft prohibited. Sec. 78-153. Water intake structures. Sec. 78-154. Lavon Dam inlet and outlet structure. Sec. 78-155. Commercial marinas and/or floating concession facilities. Sec. 78-156. Endangering life or property prohibited. Sec. 78-157. Other areas. Sec. 78-158. Offense. ARTICLE I. IN GENERAL Sec. 78-1. Standards of care, city youth programs. The Wylie Youth Program Standards of Care for Wylie Youth Programs, as detailed in Attachment "A" to Ord. No. 2004-06, are hereby adopted by reference. Secs. 78-2--78-20. Reserved. ARTICLE II. PARKS AND RECREATION BOARD* *Charter references: Parks and recreation board, art. VIII, § 2. Sec. 78-21. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Parks and recreation board means the Wylie Parks And Recreation Board. (Ord. No. 78-18, art. II, § 1, 6-13-1978; Code 1991, ch. 1, § 7.01; Code 1997, § 78-31) Cross references: Definitions generally, § 1-2. Sec. 78-22. Creation. There is hereby created in and for the city and for the surrounding community, the city parks and recreation board. (Ord. No. 78-18, art. II, § 1, 6-13-1978; Code 1991, ch. 1, § 7.01; Code 1997, § 78-32) Sec. 78-23. Composition; appointment and terms of office of members. The membership and terms of office of the parks and recreation board shall be as provided for in section 2(B) of article VIII of the city's home rule Charter. (Code 1991, ch. 1, § 7.02; Code 1997, § 78-33) Sec. 78-24. Removal of members. The city council may remove from office any member of the parks and recreation board for any cause deemed by the city council to be in the best interest of the city and surrounding community. (Ord. No. 78-18, art. II, § 4, 6-13-1978; Code 1991, ch. 1, § 7.03; Code 1997, § 78-34) Sec. 78-25. Vacancies. Should a vacancy occur in the membership of the parks and recreation board, the city council shall appoint a successor for the unexpired term. (Ord. No. 78-18, art. II, § 5, 6-13-1978; Code 1991, ch. 1, § 7.04; Code 1997, § 78-35) Sec. 78-26. Officers. The parks and recreation board shall be organized by electing one chairman and one vice-chairman. The officers of the board shall serve for one year or until their successors are appointed/elected and qualified. This section shall not operate so as to extend the term of any board member. (Ord. No. 78-18, art. II, § 6, 6-13-1978; Code 1991, ch. 1, § 7.05; Code 1997, § 78-36) Sec. 78-27. Meetings. The parks and recreation board shall hold meetings as may be determined by it and may set regular meeting dates as frequently as the board may desire. Special meetings may be called for the transaction of any business, and a quorum of members of the board at any meeting shall be determined as a minimum of the majority. All meetings of the parks and recreation board shall be open to the public as required by the Texas Open Meetings Act, as amended, but the meeting place may be designated by the parks and recreation board. Meetings do not have to be held at the city hall. (Ord. No. 78-18, art. II, § 7, 6-13-1978; Code 1991, ch. 1, § 7.06; Code 1997, § 78-37) Sec. 78-28. Jurisdiction. (a) The jurisdiction of the parks and recreation board shall be to work with any citizen, individual or group for the development, construction and beautification of any park, parkway, recreation or community center facility, under the jurisdiction of the city, and to advise and counsel with the city council in its development, construction and beautification of any such parks, parkways, recreation and community center facilities under the jurisdiction of the city. (b) The parks and recreation board shall make recommendations to the city council concerning any rules and regulations that it deems proper for enhancing the enjoyment of the parks, parkways, recreation and community center facilities and for the regulation of their use. (Ord. No. 78-18, art. II, § 8, 6-13-1978; Code 1991, ch. 1, § 7.07; Code 1997, § 78-38) Sec. 78-29. Limitations of authority. The parks and recreation board shall not have any authority to make contracts or create any legal obligation or liability for the city. (Ord. No. 78-18, art. II, § 9, 6-13-1978; Code 1991, ch. 1, § 7.08; Code 1997, § 78-39) Secs. 78-30--78-50. Reserved. ARTICLE Ill. PARKS AND OPEN SPACE MASTER PLAN Sec. 78-51. Adopted. On January 23, 1996, the parks and open space master plan for the city, as filed with the city secretary, was officially adopted. (Code 1991, ch. 1, § 8.01; Code 1997, § 78-71) Sec. 78-52. Park zones. The park zones necessary for the implementation of the park dedication ordinance are declared to have the boundaries as delineated upon the park zone map, said map being adopted by reference as part of this article for all purposes. (Ord. No. 87-14, 1-27-1987; Code 1991, ch. 1, § 8.02; Code 1997, § 78-72; Ord. No. 99-8, § 1, 4-14-1999) Secs. 78-53--78-70. Reserved. ARTICLE IV. PARKLAND DEDICATION Sec. 78-71. Purpose of article. (a) This article is adopted to provide recreational areas in the form of municipal parks as a function of subdivision development in the city. This article is enacted in accordance with the home rule powers of the city, granted under the state constitution, and the statutes of the state including, but not by way of limitation, V.T.C.A., Local Government Code § 54.004, and ch. 212. It is hereby declared by the city council that recreational areas in the form of municipal parks are necessary and in the public welfare, and that the only adequate procedure to provide for municipal parks is by integrating such a requirement into the procedure for planning and developing property or subdivision in the city, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. (b) Municipal parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The park zones established by the parks and recreation department and shown on the official parks and recreation map for the city shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of municipal parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, this article is adopted to effect the purposes stated. (Ord. No. 87-15, § 1, 1-27-1987; Code 1991, ch. 1, § 9.01; Code 1997, § 78-106) Sec. 78-72. Dedication procedures. (a) Whenever a final plat is filed on record with the county clerk of Collin, Dallas or Rockwall County for development of a residential area in accordance with the subdivision, planning and zoning ordinances of the city, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal five acres for each 100 proposed dwelling units. (b) The city council declares that development of an area smaller than five acres for public park purposes is impractical. Therefore, if fewer than 100 units are proposed by a plat filed for approval, the developer may be required to pay the applicable cash in lieu of land amount provided by section 78-73(c), rather than to dedicate any land area. No plat showing a dedication for park purposes of less than five acres shall be approved unless such plat and dedication is recommended for approval by the city parks and recreation board and subsequently approved by the city council. (c) In all other instances, the city shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission and the parks and recreation board, and to require payment of cash in lieu of land in the amount provided by section 78-73(c), if the city determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks. (Ord. No. 2004-01, § 2, 1-13-2004) Sec. 78-73. Money in lieu of land. (a) Subject to approval of the city council, a land owner responsible for dedication under this article may elect to meet the requirements of section 78-72, in whole or in part, by a fee payment in lieu of land, in the amount set forth in subsection (c) of this section. Such payment in lieu of land shall be made at or prior to the time of final plat approval. Nonpayment of fee shall constitute grounds sufficient to deny approval of proposed plat. (b) The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land in a park zone, subsequent park land dedications for that zone may be required to be in cash only, and calculated to reimburse the city's actual cost of acquisition and development of such land for parks. The fee amount shall be set out in the fee schedule in appendix C to this Code. Once the city has been reimbursed entirely for all such park land within a park zone, this section shall cease to apply, and the other subsections shall again be applicable. (c) To the extent that subsection (b) of this section is not applicable, the dedication requirement shall be met by a payment of cash, in lieu of dedication of land, at a per acre price set from time to time by resolution by the city council, sufficient to acquire land and provide for adjacent streets and utilities for a municipal park to serve the park zone in which such development is located or to improve or expand existing park land in the park zone. Unless changed by the city council, such per acre price shall be based on a fee as set out in the fee schedule located in appendix C to this Code. Cash payments may be used only for acquisition or improvement of a municipal park located within the same zone as the development, or, upon recommendation of the park board and approval of the city council, funds from any and all park zones may be combined for special purposes with or without the option to reimburse the contributing zones. (Ord. No. 2004-01, § 3, 1-13-2004) Sec. 78-74. Comprehensive plan considerations. The city shall create and maintain a master park plan for the city and its extraterritorial jurisdiction. The city shall further designate the size of the parks and the zones which are to be supportive of these parks. Dedication of park land shall be in accordance with the master plan. The city will determine, the park location based on land suitability. This plan may be, from time to time, updated and amended at the pleasure of the approving authorities and as the review of proposed plats for development within those zones. (Ord. No. 2004-01, § 4, 1-13-2004) Sec. 78-75. Park acquisition and improvement fund; right to refund. (a) There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this article or any preceding article or any preceding ordinance, which fund shall be known as the park acquisition and improvement fund. Such fund may be subdivided to create as many separate funds as become necessary in order to ensure that all funds are separated by park zone and spent wholly and completely within such park zone. Upon recommendation of the park board and approval of the city council, funds from any and all park zones may be combined for special purposes. Each fund shall be separately audited in the annual audit of the city and shall be available for public review. (b) The city shall account for all sums paid in lieu of land dedication under this article with reference to individual plats involved. Any funds paid for such purposes must be expended by the city within five years from the date received by the city for acquisition or development of a municipal park. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the owners of the property, on the last day of such period, shall be entitled to a pro-rata refund of such sum computed on a square footage of area basis. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred. (c) When residential developments occur in phases, all phases of the development shall meet applicable dedication requirements. If land dedication is to occur in a latter phase of the overall development, the dedication requirement for the initial phases shall be met by placing funds into an escrow account as directed by the city upon acceptance of each phase by the city. When the actual land dedication occurs, the escrowed funds plus interest shall be returned to the depositor. The depositor must request such refund within one year of entitlement, in writing, or such right shall be barred. If land dedication does not occur within five years of completion of the initial phase of the overall development, the escrowed funds plus interest shall be forfeited by the depositor and the funds shall become the property of the city. (Ord. No. 2004-01, § 5, 1-13-2004) Sec. 78-76. Additional requirements. (a) Any land dedicated to the city under this article must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: (1) Any area primarily located in the 100-year floodplain. (2) Any areas of unusual topography or slope which renders same unusable for organized recreational activities. Such characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. The city parks and recreation board shall consider the usability of any proposed dedications of land in the 100-year floodplain or in any easement on a case-by-case basis. The board's recommendation to accept or deny the proposed dedication shall be forwarded to the city council with supporting justification explaining the recommendation. (b) Land that is deemed to be unsuitable by the city parks and recreation board as listed in subsection (a) of this section may be accepted by the city council, provided that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land. (c) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with city engineering standards, and if no significant area of the park is cut off from access by such channel. (d) Each park must have ready access to a public street. (e) Unless provided otherwise in this section, an action by the city shall be by the city council, after consideration of the recommendations of the planning and zoning commission and the parks and recreation board and its recommendation to the city council. (Ord. No. 87-15, § 6, 1-27-1987; Code 1991, ch. 1, § 9.06(a)--(e); Code 1997, § 78-111) Sec. 78-77. Minimum park improvements. In cases where land dedication is chosen, the following minimum criteria must be adhered to by the developer, at the developer expense, prior to acceptance of the improvements by the city: (1) Grading and clearing of unwanted vegetation, to be determined by the city; (2) Installation of sub-grade drainage. No open drainage channels will be permitted on land being dedicated for park purposes; (3) Provision of water and sewer service to the site; and (4) Provision of adequate accessibility from the adjacent public street in compliance with the Americans with Disabilities Act (ADA) and as approved by the city park and recreation staff. (Ord. No. 2004-01, § 6, 1-13-2004) Sec. 78-78. Biennial review. Prior to one year after the effective date of this ordinance, the park board shall review the park land dedication ordinance and make any recommendations for revision to the city council. Thereafter, at least once every two years, the park board shall review the park land dedication ordinance and make any recommendations for revision to the city council. (Ord. No. 2004-01, § 7, 1-13-2004) Sec. 78-79. Offense. It shall be an offense for any person, firm, corporation or business entity to violate this article. The penal provisions imposed under this Chapter shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law. (Ord. No. 2004-01, § 9, 1-13-2004) Secs. 78-80--78-100. Reserved. ARTICLE V. PARK REGULATIONS DIVISION 1. GENERALLY Sec. 78-101. Hours open to the public. (a) The municipal parks shall be open to the general public only between the hours of 6:00 a.m. and 12:01 a.m. unless a ball game or other recreational or community activity unexpectedly exceeds the 12:01 a.m. curfew, in which event the time for closing the particular facilities involved will be extended to 1:00 a.m., at which time all activities in such facilities will cease, and the facilities will be closed to the public until 6:00 a.m. the next morning. (b) The curfew restrictions as provided in subsection (a) of this section may be waived by the city council, on a case-by-case basis, on the written request of the sponsor of an activity or event, if the council determines that such activity or event will be conducted in such a fashion so as not to cause disruption of the peace of the neighborhood, and not otherwise adversely effect the safety or welfare of citizens or city facilities. (c) It shall be unlawful for any person except for municipal employees engaged in the performance of their official duties to be in any municipal park between the hours of 12:01 a.m. and 6:00 a.m. unless one of the exceptions of this section apply. (Ord. No. 78-18, art. I, § 1, 6-13-1978; Code 1991, ch. 1, § 6.01; Ord. No. 93-45, § 1(6.01), 10-12-1993; Code 1997, § 78-146) Sec. 78-102. Parking. (a) The city parks and recreation staff is hereby authorized to recommend areas in which parking of motor vehicles should be prohibited, and/or hours during which motor vehicle parking should be prohibited in any municipal park. (b) It is hereby required that signs be erected marking the no parking areas. It shall be unlawful for any person to park a motor vehicle within the designated no parking areas in any municipal park, or recreation or community center facility or to have a motor vehicle parked in any municipal park or recreation or community center facility other than during designated hours in which parking is allowed. (Ord. No. 78-18, art. I, § 2, 6-13-1978; Code 1991, ch. 1, § 6.02; Code 1997, § 78- 147) Sec. 78-103. Feeding of animals. It shall be unlawful for any person to feed any wildlife in any city park, recreation or community center facility, except that breads, fruits, vegetables and nuts may be fed to the birds and squirrels. (Ord. No. 78-18, art. I, § 3, 6-13-1978; Code 1991, ch. 1, § 6.03; Code 1997, § 78- 148) Sec. 78-104 (Reserved) Sec. 78-105. Peddling and vending of articles. It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobacco, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the municipal parks or recreation or community center facilities of the city. (Ord. No. 78-18, art. I, § 7, 6-13-1978; Code 1991, ch. 1, § 6.06; Code 1997, § 78- 150) Sec. 78-106 to 78-107 (Reserved) Sec. 78-108. Disorderly conduct. It shall be unlawful for any person to willfully interfere with, disrupt, or prevent the orderly conduct of any supervised play or amusement program being conducted by the city parks and recreation department or a city sports association in any building, swimming pool, playground or park area located in or on any public property within the city. (Ord. No. 87-27, 5-26-1987; Code 1991, ch. 1, § 6.09; Code 1997, § 78-153) State law references: Disorderly conduct, V.T.C.A., Penal Code § 42.01. Sec. 78-109. Offense. It shall be an offense to violate the provisions of the fee schedule, or any part thereof. In addition to being subject to penalty provisions an offender shall not be allowed the permit, privilege or license to which the fee pertains. (Ord. No. 99-8, § 2, 4-14-1999) Secs. 78-110. Prohibited acts. It shall be unlawful for any person to commit any one or more of the following acts in a park unless authorized by city staff in writing: (1) To hitch, fasten, lead, drive or let loose, any animal, reptile or fowl of any kind, provided that this shall not apply to domestic animals as defined by the Animal Control Code when led by a static cord or chain not more than ten (10) feet long or a retractable cord not more than fifteen (15) feet long, except in designated areas. (2) To ride or drive any horse or other animal, except in designated areas. (3) To ride, drive or go at a rate of speed greater than the posted speed limit, upon any bicycle, motorcycle, in- line skates, automobile or any other vehicle whatsoever, upon any parking lot or area, drive or street in any park, provided however bicycles and in- line skating are allowed on park trails; (4) To ride, drive or park any motorcycle, automobile, motorized scooter, or other motorized vehicle upon, over or across any park, curb, sidewalk, grass, lawn, hike or jogging trail or park land, except authorized City vehicles, and in designated areas. (5) To carry a firearm, except those persons who are duly licensed by the State of Texas to carry a concealed handgun in accordance with the provisions of the Texas Concealed Weapons Act, as amended. (6) To carry, (unless permitted under (5) above), or discharge firearms, fireworks, bb guns, airguns, bows and arrows, slingshots, blowgun, rockets or paint-ball guns. (7) To hit golf balls. (8) To damage, move, cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, monument, fence, bench, equipment or other structure, apparatus or property, or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower, or to mark or write upon, paint or deface in any manner any building, monument, fence, bench, equipment or other structure. (9) To cut or remove any wood, turf, grass, soil, rock, sand, gravel, wood chips or fertilizer. (10) To pollute the water of any fountain, pond, lake or stream. (11) To make or kindle a fire, except in picnic stoves, braziers, fire pits or designated areas provided for that purpose. (12) To place, abandon or leave garbage, cans, bottles, papers, or other refuse in any public park except in proper waste receptacles. (13) To participate or engage in any activity or any public park area when such activity will create a danger to the public, a public nuisance, or cause damage to public park property (i.e., playing on fields deemed not fit for play by city staff). (14) To camp, sleep or stay overnight in any park. (15) To remain, stay or loiter in any park between the hours of 12:01 a.m. and 6 a.m. of the same day, or remain, stay, or loiter in any park except during the posted hours of operation. (16) To possess or consume any alcoholic beverages. (17) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition. (18) To distribute, post, place or erect any static or mobile advertising, handbill, circular bill, notice, paper or other advertising device. (19) To practice, carry on, conduct or solicit for any trade, occupation, business or profession, or to circulate any commercial petition. (20) To place or dump any trash, refuse, solid waste, grass clippings, leaves, or other objectionable or unsightly matter in any park. (21) To allow a domestic animal to defecate in any park without immediate removal and disposal of such feces in proper waste receptacles. (22) To abandon, place, remove or injure any animal, domestic or wild, including but not limited to dogs, cats, cows, horses, birds, mammals, reptiles, fowls, and livestock; to catch and remove any fish when the person is required to obtain a fishing license from the Texas Parks and Wildlife Department, such persons being restricted to catch and release only. (23) Use of mechanical loudspeakers or amplified music, sound, or voices except when authorized by the parks and recreation staff, or in connection with use of the any amphitheater provided the amplified music or sound is within the prescribed levels governed by State or local law, measured at the property boundary. (24) To conduct or participate in any tournament, camp, or organized sporting activity which has not been specifically authorized by the parks and recreation staff or which conflicts with a scheduled activity or event authorized by the parks and recreation staff. (25) To use glass containers. (26) To violate any Park Rules which are conspicuously posted at or near the main entrance to a park or park facility. (27) To operate any vehicle in a park facility parking lot after normal hours of operation. (28) To park or operate a commercial vehicle in park facility parking lots except on official business or when attending a park function. (29) To park or operate any truck-tractor, trailer, semi-trailer, pole-trailer in a park facility parking lot at any time, unless there on official business. Sec. 78-111 Penalty. (a) Whenever in this Chapter or in any ordinance of the city an act is prohibited or is made or declared to be unlawful, an offense or a misdemeanor, or wherever in this Chapter or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Chapter or any such ordinance shall be punished by a fine of not exceeding $500.00, except for: (1) Violations of municipal ordinances that govern fire safety, zoning, public health and sanitation, including dumping of refuse, in which case the maximum fine shall be $2,000.00 for each offense; and (2) Violations of traffic laws and ordinances which are punishable as a class C misdemeanor shall be punished by a fine not to exceed $200.00. No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. (b) Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense. (Code 1991, ch. 1, § 1.06; Code 1997, § 1-9) State law references: Ordinance, rule or regulation necessary to carry out other powers, V.T.C.A., Local Government Code § 51.001; amount of fine or penalty imposed by the city, V.T.C.A., Local Government Code § 54.001; abatement of health nuisances, V.T.C.A., Health and Safety Code § 341.011 et seq.; jurisdiction of municipal court, V.T.C.A., Government Code § 29.003. Sec. 78-112--78-130. Reserved. DIVISION 2. PARKING IN MUNICIPAL PARKS Sec. 78-131. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: No parking means an area designated for unobstructed access on a street, path or road. (Ord. No. 96-26, § 1, 7-9-1996; Code 1997, § 78-186) Cross references: Definitions generally, § 1-2. Sec. 78-132. Offense to violate division. It shall be an offense to violate any provision of this division. (Ord. No. 96-26, § 5, 7-9-1996; Code 1997, § 78-187) Sec. 78-133. No parking areas. No parking shall occur where designated no parking signs are placed within municipal parks. Only emergency vehicles will be allowed in these designated areas. (Ord. No. 96-26, § 2, 7-9-1996; Code 1997, § 78-188) Sec. 78-134. Signs and markers notifying public of no parking zones. The city manager, or his designee, shall be responsible for installing markers and, if necessary, signs to properly notify the public of the location of the no parking zones. (Ord. No. 96-26, § 3, 7-9-1996; Code 1997, § 78-189) Sec. 78-135. Enforcement of division. The no parking zone provided in this division shall in no way be obstructed. The police department is authorized to issue citations and/or remove or cause to be removed any material or vehicle other than an emergency vehicle which is obstructing a no parking zone at the expense of the owner of such material or vehicle. (Ord. No. 96-26, § 4, 7-9-1996; Code 1997, § 78-190) Secs. 78-136--78-150. Reserved. ARTICLE VI. WATERCRAFT REGULATIONS* *State law references: Local regulation of public waters and lakes, V.T.C.A., Parks and Wildlife Code § 31.092. Sec. 78-151. Public launching sites. (a) Each of the public launching sites including, but not limited to, East Fork Park, East Fork Marina, Avalon Park, Lavonia Park, Mallard Park, Little Ridge Park and Pebble Beach Park, on Lake Lavon, City of Wylie, Collin County, are zoned "No Wake Areas" and will be properly identified as such, by placement of at least two "can" type buoys displaying "No Wake" encircled, 200 feet out from the launching ramps and 200 feet apart. (b) All public launching sites are zoned "No Swimming Areas" and will be identified as such by placement of a sign which reads "Swimming and Bathing Prohibited in Approaches to or on the Boat Ramps" or equivalent at each launching site. (Ord. No. 2002-4, § 2, 10-22-2002) Sec. 78-152. Watercraft prohibited. (a) Each of the swimming areas on Lake Lavon, City of Wylie, Collin County, including, but not limited to Little Ridge, East Fork, Avalon, Mallard and Pebble Beach Parks are zoned "No Boating Area" and will be identified as such by placement of "can" type buoys marked "Swimming Area -- Keep Out" 200 feet out and along the perimeter of the swimming area which will be further identified by placement of a "capsule" buoy line outlining the perimeter of the designated swimming area. (b) In any area zoned a "No Boating Area", all watercraft are prohibited, including, but not limited to, power boats, motor boats, personal watercraft, any motor-driven craft and any wind- or man-powered crafts. (Ord. No. 2002-4, § 3, 10-22-2002) Sec. 78-153. Water intake structures. (a) Two North Texas Municipal Water Utilities intake structures. The water area 300 feet in front of both water intake structures owned and operated by North Texas Municipal Water Utilities, is zoned as "Danger Areas" will be identified as such by placement of a sign on the face of the structures which reads "Dangerous Current -- Stay 300 Feet Away," and/or buoys displaying the universal markings of a diamond with inner cross and the words "Danger -- Keep Out." (b) Garland Power Plant, inlet and outlet channels. The water area 300 feet in front of the Garland Electric Power Plant intake structure and 300 feet below the end of the outlet structure are zoned "Danger Areas" and will be identified by placement of"can" type buoys displaying the universal markings of a diamond with inner cross and words "Danger -- Keep Out" on a perimeter of 300 feet on the water side of both structures. (c) East Fork and Avalon intake structures. The water area 300 feet in front of the water intake structures known as East Fork and Avalon are zoned as "Danger Areas" will be identified as such by placement of a sign on the face of the structures which reads "Dangerous Current -- Stay 300 Feet Away," and/or buoys displaying the universal markings of a diamond with inner cross and the words "Danger-- Keep Out." (Ord. No. 2002-4, § 4, 10-22-2002) Sec. 78-154. Lavon Dam inlet and outlet structure. (a) The water area 300 feet upstream on the Lavon Dam gate facilities is zoned a "Danger Area" and will be identified as such by placement of "can" type buoys displaying the universal markings of a diamond with inner cross and the words "Danger -- Keep Out" on a perimeter of 300 feet upstream from the face of the gate facilities. (b) Also, due to the slippery surfaces and strong water current and undertow, the immediate shoreline adjacent to the gate facilities is zoned a "Danger Area" and will be so marked by signs reading "Restricted Area -- Keep Out." (c) The water area below the dam to the railroad bridge approximately 400 feet downstream, is zoned a "Danger Area" and will be so identified by signs reading "Danger No Floats, Boats or Wading Beyond This Point" located to face downstream and adjacent bank fishing areas. (Ord. No. 2002-4, § 5, 10-22-2002) Sec. 78-155. Commercial marinas and/or floating concession facilities. The water areas of marinas and/or concession areas under license agreement with the U.S. Army Corps of Engineers on Lavon Lake are zoned "No Wake Areas" and will be so identified by placement of "can" type buoys displaying "No Wake" encircled, as prescribed by the Universal State Waterways marking system, on the perimeter of the controlled area and/or upon approaches to the controlled area, whichever is more practical. (Ord. No. 2002-4, § 6, 10-22-2002) Sec. 78-156. Endangering life or property prohibited. It shall be unlawful for any person to operate any boat or other watercraft on any portion of Lake Lavon lying within the corporate limits of the city in such a manner as to endanger life or property (Ord. No. 2002-4, § 7, 10-22-2002) Sec. 78-157. Other areas. Other areas where the city identifies a hazard to life or property may be designated as "No Boating Area" or "No Wake Area" with installation of appropriate markings. These areas may include future marina sites, barge areas, shoals, shoreline abutments, and other water hazards. (Ord. No. 2002-4, § 8, 10-22-2002) Sec. 78-158. Offense. It shall be an offense to violate any portion of this article. (Ord. No. 2002-4, § 9, 10-22-2002) Redlined Chapter 78 PARKS AND RECREATION* *Charter references: Parks and recreational facilities, art. XI, § 16. Cross references: Administration, ch. 2; environment, ch. 42; floods, ch. 50; health and sanitation, ch. 54; library, ch. 66; personnel, ch. 86; planning, ch. 90; streets, sidewalks and other public places, ch. 102; zoning, app. A; subdivision regulations, app. B; fee schedule, app. C. State law references: Authority of municipalities to operate and maintain parks, V.T.C.A., Local Government Code§ 331.001; park to be open for public use under rules prescribed by local governing authority, V.T.C.A., Local Government Code § 331.007; home-rule municipality has exclusive control over public grounds, V.T.C.A., Local Government Code§282.001. Article I. In General Sec. 78-1. Standards of care, city youth programs. Secs. 78-2--78-20. Reserved. Article II. Parks and Recreation Board Sec. 78-21. Definitions. Sec. 78-22. Creation. Sec. 78-23. Composition; appointment and terms of office of members. Sec. 78-24. Removal of members. Sec. 78-25. Vacancies. Sec. 78-26. Officers. Sec. 78-27. Meetings. Sec. 78-28. Jurisdiction. Sec. 78-29. Limitations of authority. Secs. 78-30--78-50. Reserved. Article III. Parks and Open Space Master Plan Sec. 78-51. Adopted. Sec. 78-52. Park zones. Secs. 78-53--78-70. Reserved. Article IV. Parkland Dedication Sec. 78-71. Purpose of article. Sec. 78-72. Dedication procedures. Sec. 78-73. Money in lieu of land. Sec. 78-74. Comprehensive plan considerations. Sec. 78-75. Park acquisition and improvement fund; right to refund. Sec. 78-76. Additional requirements. Sec. 78-77. Minimum park improvements. Sec. 78-78. Biennial review. Sec. 78-79. Offense. Secs. 78-80--78-100. Reserved. Article V. Park Regulations Division 1. Generally Sec. 78-101. Hours open to the public. Sec. 78-102. Parking. Sec. 78-103. Feeding of animals. Sec. 78-104. (Reserved) Sec. 78-105. Peddling and vending of articles. Secs. 78-106-78-107 (Reserved) Sec. 78-108. Disorderly conduct. Sec. 78-109. Offense. Secs. 78-110. Prohibited acts. Sec. 78-111. Penalty Secs. 78-112--78-130. Reserved. Division 2. Parking in Municipal Parks Sec. 78-131. Definitions. Sec. 78-132. Offense to violate division. Sec. 78-133. No parking areas. Sec. 78-134. Signs and markers notifying public of no parking zones. Sec. 78-135. Enforcement of division. Secs. 78-136--78-150. Reserved. Article VI. Watercraft Regulations Sec. 78-151. Public launching sites. Sec. 78-152. Watercraft prohibited. Sec. 78-153. Water intake structures. Sec. 78-154. Lavon Dam inlet and outlet structure. Sec. 78-155. Commercial marinas and/or floating concession facilities. Sec. 78-156. Endangering life or property prohibited. Sec. 78-157. Other areas. Sec. 78-158. Offense. ARTICLE I. IN GENERAL Sec. 78-1. Standards of care, city youth programs. The Wylie Youth Program Standards of Care for Wylie Youth Programs, as detailed in Attachment"A"to Ord. No. 2004-06, are hereby adopted by reference. Secs. 78-2--78-20. Reserved. ARTICLE II. PARKS AND RECREATION BOARD* *Charter references: Parks and recreation board, art. VIII, §2. Sec. 78-21. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Parks and recreation board means the Wylie Parks And Recreation Board. (Ord. No. 78-18, art. II, § 1, 6-13-1978; Code 1991, ch. 1, § 7.01; Code 1997, § 78-31) Cross references: Definitions generally, § 1-2. Sec. 78-22. Creation. There is hereby created in and for the city and for the surrounding community, the city parks and recreation board. (Ord. No. 78-18, art. II, § 1, 6-13-1978; Code 1991, ch. 1, § 7.01; Code 1997, § 78-32) Sec. 78-23. Composition; appointment and terms of office of members. The membership and terms of office of the parks and recreation board shall be as provided for in section 2(B)of article VIII of the city's home rule Charter. (Code 1991, ch. 1, § 7.02; Code 1997, § 78-33) Sec. 78-24. Removal of members. The city council may remove from office any member of the parks and recreation board for any cause deemed by the city council to be in the best interest of the city and surrounding community. (Ord. No. 78-18, art. II, § 4, 6-13-1978; Code 1991, ch. 1, § 7.03; Code 1997, § 78-34) Sec. 78-25. Vacancies. Should a vacancy occur in the membership of the parks and recreation board, the city council shall appoint a successor for the unexpired term. (Ord. No. 78-18, art. II, § 5, 6-13-1978; Code 1991, ch. 1, § 7.04; Code 1997, § 78-35) Sec. 78-26. Officers. The parks and recreation board shall be organized by electing one chairman and one vice-chairman. The officers of the board shall serve for one year or until their successors are appointed/elected and qualified. This section shall not operate so as to extend the term of any board member. (Ord. No. 78-18, art. II, § 6, 6-13-1978; Code 1991, ch. 1, § 7.05; Code 1997, § 78-36) Sec. 78-27. Meetings. The parks and recreation board shall hold meetings as may be determined by it and may set regular meeting dates as frequently as the board may desire. Special meetings may be called for the transaction of any business, and a quorum of members of the board at any meeting shall be determined as a minimum of the majority. All meetings of the parks and recreation board shall be open to the public as required by the Texas Open Meetings Act, as amended, but the meeting place may be designated by the parks and recreation board. Meetings do not have to be held at the city hall. (Ord. No. 78-18, art. II, § 7, 6-13-1978; Code 1991, ch. 1, § 7.06; Code 1997, § 78-37) Sec. 78-28. Jurisdiction. (a) The jurisdiction of the parks and recreation board shall be to work with any citizen, individual or group for the development, construction and beautification of any park, parkway, recreation or community center facility, under the jurisdiction of the city, and to advise and counsel with the city council in its development, construction and beautification of any such parks, parkways, recreation and community center facilities under the jurisdiction of the city. (b) The parks and recreation board shall make recommendations to the city council concerning any rules and regulations that it deems proper for enhancing the enjoyment of the parks, parkways, recreation and community center facilities and for the regulation of their use. (Ord. No. 78-18, art. II, § 8, 6-13-1978; Code 1991, ch. 1, § 7.07; Code 1997, § 78-38) Sec. 78-29. Limitations of authority. The parks and recreation board shall not have any authority to make contracts or create any legal obligation or liability for the city. (Ord. No. 78-18, art. II, § 9, 6-13-1978; Code 1991, ch. 1, § 7.08; Code 1997, § 78-39) Secs. 78-30--78-50. Reserved. ARTICLE III. PARKS AND OPEN SPACE MASTER PLAN Sec. 78-51. Adopted. On January 23, 1996, the parks and open space master plan for the city, as filed with the city secretary, was officially adopted. (Code 1991, ch. 1, § 8.01; Code 1997, § 78-71) Sec. 78-52. Park zones. The park zones necessary for the implementation of the park dedication ordinance are declared to have the boundaries as delineated upon the park zone map, said map being adopted by reference as part of this article for all purposes. (Ord. No. 87-14, 1-27-1987; Code 1991, ch. 1, § 8.02; Code 1997, § 78-72; Ord. No. 99-8, § 1,4-14-1999) Secs. 78-53--78-70. Reserved. ARTICLE IV. PARKLAND DEDICATION Sec. 78-71. Purpose of article. (a) This article is adopted to provide recreational areas in the form of municipal parks as a function of subdivision development in the city. This article is enacted in accordance with the home rule powers of the city, granted under the state constitution, and the statutes of the state including, but not by way of limitation, V.T.C.A., Local Government Code § 54.004, and ch. 212. It is hereby declared by the city council that recreational areas in the form of municipal parks are necessary and in the public welfare, and that the only adequate procedure to provide for municipal parks is by integrating such a requirement into the procedure for planning and developing property or subdivision in the city, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. (b) Municipal parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The park zones established by the parks and recreation department and shown on the official parks and recreation map for the city shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein. The primary cost of municipal parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, this article is adopted to effect the purposes stated. (Ord. No. 87-15, § 1, 1-27-1987; Code 1991, ch. 1, §9.01; Code 1997, § 78-106) Sec. 78-72. Dedication procedures. (a) Whenever a final plat is filed on record with the county clerk of Collin, Dallas or Rockwall County for development of a residential area in accordance with the subdivision, planning and zoning ordinances of the city, such plat shall contain a clear fee simple dedication of an area of land to the city for park purposes, which area shall equal five acres for each 100 proposed dwelling units. (b) The city council declares that development of an area smaller than five acres for public park purposes is impractical. Therefore, if fewer than 100 units are proposed by a plat filed for approval, the developer may be required to pay the applicable cash in lieu of land amount provided by section 78-73(c), rather than to dedicate any land area. No plat showing a dedication for park purposes of less than five acres shall be approved unless such plat and dedication is recommended for approval by the city parks and recreation board and subsequently approved by the city council. (c) In all other instances, the city shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission and the parks and recreation board, and to require payment of cash in lieu of land in the amount provided by section 78-73(c), if the city determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential for that zone would be better served by expanding or improving existing parks. (Ord. No. 2004-01, § 2, 1-13-2004) Sec. 78-73. Money in lieu of land. (a) Subject to approval of the city council, a land owner responsible for dedication under this article may elect to meet the requirements of section 78-72, in whole or in part, by a fee payment in lieu of land, in the amount set forth in subsection (c) of this section. Such payment in lieu of land shall be made at or prior to the time of final plat approval. Nonpayment of fee shall constitute grounds sufficient to deny approval of proposed plat. (b) The city may, from time to time, decide to purchase land for parks in or near the area of actual or potential development. If the city does purchase park land in a park zone, subsequent park land dedications for that zone may be required to be in cash only, and calculated to reimburse the city's actual cost of acquisition and development of such land for parks. The fee amount shall be set out in the fee schedule in appendix C to this Code. Once the city has been reimbursed entirely for all such park land within a park zone, this section shall cease to apply, and the other subsections shall again be applicable. (c) To the extent that subsection (b) of this section is not applicable, the dedication requirement shall be met by a payment of cash, in lieu of dedication of land, at a per acre price set from time to time by resolution by the city council, sufficient to acquire land and provide for adjacent streets and utilities for a municipal park to serve the park zone in which such development is located or to improve or expand existing park land in the park zone. Unless changed by the city council, such per acre price shall be based on a fee as set out in the fee schedule located in appendix C to this Code. Cash payments may be used only for acquisition or improvement of a municipal park located within the same zone as the development, or, upon recommendation of the park board and approval of the city council, funds from any and all park zones may be combined for special purposes with or without the option to reimburse the contributing zones. (Ord. No. 2004-01, § 3, 1-13-2004) Sec. 78-74. Comprehensive plan considerations. The city shall create and maintain a master park plan for the city and its extraterritorial jurisdiction. The city shall further designate the size of the parks and the zones which are to be supportive of these parks. Dedication of park land shall be in accordance with the master plan. The city will determine, the park location based on land suitability. This plan may be, from time to time, updated and amended at the pleasure of the approving authorities and as the review of proposed plats for development within those zones. (Ord. No. 2004-01, §4, 1-13-2004) Sec. 78-75. Park acquisition and improvement fund; right to refund. (a) There is hereby established a special fund for the deposit of all sums paid in lieu of land dedication under this article or any preceding article or any preceding ordinance, which fund shall be known as the park acquisition and improvement fund. Such fund may be subdivided to create as many separate funds as become necessary in order to ensure that all funds are separated by park zone and spent wholly and completely within such park zone. Upon recommendation of the park board and approval of the city council, funds from any and all park zones may be combined for special purposes. Each fund shall be separately audited in the annual audit of the city and shall be available for public review. (b) The city shall account for all sums paid in lieu of land dedication under this article with reference to individual plats involved. Any funds paid for such purposes must be expended by the city within five years from the date received by the city for acquisition or development of a municipal park. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the owners of the property, on the last day of such period, shall be entitled to a pro-rata refund of such sum computed on a square footage of area basis. The owners of such property must request such refund within one year of entitlement, in writing, or such right shall be barred. (c) When residential developments occur in phases, all phases of the development shall meet applicable dedication requirements. If land dedication is to occur in a latter phase of the overall development, the dedication requirement for the initial phases shall be met by placing funds into an escrow account as directed by the city upon acceptance of each phase by the city. When the actual land dedication occurs, the escrowed funds plus interest shall be returned to the depositor. The depositor must request such refund within one year of entitlement, in writing, or such right shall be barred. If land dedication does not occur within five years of completion of the initial phase of the overall development, the escrowed funds plus interest shall be forfeited by the depositor and the funds shall become the property of the city. (Ord. No. 2004-01, § 5, 1-13-2004) Sec. 78-76. Additional requirements. (a) Any land dedicated to the city under this article must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: (1) Any area primarily located in the 100-year floodplain. (2) Any areas of unusual topography or slope which renders same unusable for organized recreational activities. Such characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. The city parks and recreation board shall consider the usability of any proposed dedications of land in the 100-year floodplain or in any easement on a case-by-case basis. The board's recommendation to accept or deny the proposed dedication shall be forwarded to the city council with supporting justification explaining the recommendation. (b) Land that is deemed to be unsuitable by the city parks and recreation board as listed in subsection (a) of this section may be accepted by the city council, provided that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land. (c) Drainage areas may be accepted as part of a park if the channel is constructed in accordance with city engineering standards, and if no significant area of the park is cut off from access by such channel. (d) Each park must have ready access to a public street. (e) Unless provided otherwise in this section, an action by the city shall be by the city council, after consideration of the recommendations of the planning and zoning commission and the parks and recreation board and its recommendation to the city council. (Ord. No. 87-15, § 6, 1-27-1987; Code 1991, ch. 1, § 9.06(a)--(e); Code 1997, § 78-111) Sec. 78-77. Minimum park improvements. In cases where land dedication is chosen, the following minimum criteria must be adhered to by the developer, at the developer expense, prior to acceptance of the improvements by the city: (1) Grading and clearing of unwanted vegetation, to be determined by the city; (2) Installation of sub-grade drainage. No open drainage channels will be permitted on land being dedicated for park purposes; (3) Provision of water and sewer service to the site; and (4) Provision of adequate accessibility from the adjacent public street in compliance with the Americans with Disabilities Act(ADA)and as approved by the city park and recreation staff. (Ord. No. 2004-01, §6, 1-13-2004) Sec. 78-78. Biennial review. Prior to one year after the effective date of this ordinance, the park board shall review the park land dedication ordinance and make any recommendations for revision to the city council. Thereafter, at least once every two years, the park board shall review the park land dedication ordinance and make any recommendations for revision to the city council. (Ord. No. 2004-01, § 7, 1-13-2004) Sec. 78-79. Offense. It shall be an offense for any person, firm, corporation or business entity to violate this article. The penal provisions imposed under this Chapter shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law. (Ord. No. 2004-01, § 9, 1-13-2004) Secs. 78-80--78-100. Reserved. ARTICLE V. PARK REGULATIONS DIVISION 1. GENERALLY Sec. 78-101. Hours open to the public. (a) The municipal parks shall be open to the general public only between the hours of 6:00 a.m. and 12:01 a.m. unless a ball game or other recreational or community activity unexpectedly exceeds the 12:01 a.m. curfew, in which event the time for closing the particular facilities involved will be extended to 1:00 a.m., at which time all activities in such facilities will cease, and the facilities will be closed to the public until 6:00 a.m. the next morning. (b) The curfew restrictions as provided in subsection (a) of this section may be waived by the city council, on a case-by-case basis, on the written request of the sponsor of an activity or event, if the council determines that such activity or event will be conducted in such a fashion so as not to cause disruption of the peace of the neighborhood, and not otherwise adversely effect the safety or welfare of citizens or city facilities. (c) It shall be unlawful for any person except for municipal employees engaged in the performance of their official duties to be in any municipal park between the hours of 12:01 a.m. and 6:00 a.m. unless one of the exceptions of this section apply. (Ord. No. 78-18, art. I, § 1, 6-13-1978; Code 1991, ch. 1, §6.01; Ord. No. 93-45, § 1(6.01), 10-12-1993; Code 1997, § 78-146) Sec. 78-102. Parking. (a) The city parks and recreation staff is hereby authorized to recommend areas in which parking of motor vehicles should be prohibited, and/or hours during which motor vehicle parking should be prohibited in any municipal park. (b) It is hereby required that signs be erected marking the no parking areas. It shall be unlawful for any person to park a motor vehicle within the designated no parking areas in any municipal park, or recreation or community center facility or to have a motor vehicle parked in any municipal park or recreation or community center facility other than during designated hours in which parking is allowed. (Ord. No. 78-18, art. I, § 2, 6-13-1978; Code 1991, ch. 1, § 6.02; Code 1997, § 78- 147) Sec. 78-103. Feeding of animals. I It shall be unlawful for any person to feed any wildlife in any city park, recreation or {Deleted:animal community center facility, except that breads, fruits, vegetables and nuts may be fed to the birds and squirrels. (Ord. No. 78-18, art. I, § 3, 6-13-1978; Code 1991, ch. 1, § 6.03; Code 1997, § 78- 148) Sec. 78-104(Reserved) Sec. 78-105. Peddling and vending of articles. It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobacco, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the municipal parks or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the municipal parks or recreation or community center facilities of the city. (Ord. No. 78-18, art. I, § 7, 6-13-1978; Code 1991, ch. 1, § 6.06; Code 1997, § 78- 150) Sec. 78-106 to 78-107(Reserved) Sec. 78-108. Disorderly conduct. It shall be unlawful for any person to willfully interfere with, disrupt, or prevent the orderly conduct of any supervised play or amusement program being conducted by the city parks and recreation department or a city sports association in any building, swimming pool, playground or park area located in or on any public property within the city. (Ord. No. 87-27, 5-26-1987; Code 1991, ch. 1, §6.09; Code 1997, § 78-153) State law references: Disorderly conduct,V.T.C.A., Penal Code§42.01. Sec. 78-109. Offense. It shall be an offense to violate the provisions of the fee schedule, or any part thereof. In addition to being subject to penalty provisions an offender shall not be allowed the permit, privilege or license to which the fee pertains. (Ord. No. 99-8, § 2,4-14-1999) Secs. 78-110. Prohibited acts. It shall be unlawful for any person to commit any one or more of the following acts in a park unless authorized by city staff in writing: (1) To hitch, fasten, lead, drive or let loose, any animal, reptile or fowl of any kind, provided that this shall not apply to domestic animals yes defined by the Animal {Deleted:or Control Code when led by a static cord or chain not more than ten (10) feet long or a retractable cord not more than fifteen (15) feet long, except in designated areas. (2) To ride or drive any horse or other animal, except in designated areas. (3) To ride, drive or go at a rate of speed greater than the posted speed limit, upon any bicycle, motorcycle, in- line skates, automobile or any other vehicle whatsoever, upon any parking lot or area, drive or street in any park, provided however bicycles and in- line skating are allowed on park trails; (4) To ride, drive or park any motorcycle, automobile, motorized scooter, or other motorized vehicle upon, over or across any park, curb, sidewalk, grass, lawn, hike or jogging trail or park land, except authorized City vehicles, and in designated areas. (Deleted:,unless authorized by the parks and recreation staff (5) To carry a firearm, except those persons who are duly licensed by the State of Texas to carry a concealed handgun in accordance with the provisions of the Texas Concealed Weapons Act, as amended. (6) To carry, (unless permitted under (5) above), or discharge firearms, fireworks, bb guns, airguns, bows and arrows, slingshots, blowgun, rockets or paint-ball guns,. Deleted: unless authorized by the parks and recreation staff (7) To hit golf balls,. (Deleted: except in designated areas (8) To damage, move, cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, monument, fence, bench, equipment or other structure, apparatus or property, or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower, or to mark or write upon, paint or deface in any manner any building, monument, fence, bench, equipment or other structure. (9) To cut or remove any wood, turf, grass, soil, rock, sand, gravel, wood chips or fertilizer. (10) To pollute the water of any fountain, pond, lake or (Deleted:swim,bathe,wade in or stream„ Deleted:and recreation staff except when rized by 1 the(11) To make or kindle a fire, except in picnic stoves, braziers, fire pits or designated areas provided for that purpose. (12) To place, abandon or leave garbage, cans, bottles, papers, or other refuse in any public park except in proper waste receptacles. (13) To participate or engage in any activity or any public park area when such activity will create a danger to the public, a public nuisance, or cause damage to public park property (i.e., playing on fields deemed not fit for play by city staff). (14) To camp, sleep or stay overnight in any parr. - Deleted: unless authorized by the parks and recreation staff in writing (15) To remain, stay or loiter in any park between the hours of 12:01 a.m. and 6 a.m. of the same day, or remain, stay, or loiter in any park except during the posted hours of operation, Deleted:,unless authorized by the parks and recreation staff in writing (16) To possess or consume any alcoholic beverages. (17) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition. (18) To distribute, post, place or erect any static or mobile advertising, handbill, circular bill, notice, paper or other advertising device. (19) To practice, carry on, conduct or solicit for any trade, occupation, business or profession, or to circulate any commercial petition,. Deleted:petition of whatsoever kind or character except with the written permission of the parks and (2,Q) To place or dump any trash, refuse, solid waste, grass recreation staff clippings, leaves, or other objectionable or unsightly Deleted:¶ matter in anypark. (20).For any person over the age of six(6)years to use the restrooms and washrooms designated for the (21) To allow a domestic animal to defecate in any park opposite sex,unless assistance is necessary.¶ without immediate removal and disposal of such feces in proper waste receptacles. Deleted:1 Deleted:2 To abandon, place, remove or injure anyanimal, Deleted:¶ O (23).Seining minnows or fish from domestic or wild, including but not limited to dogs, cats, the creeks,ponds,and lakes in any cows, horses, birds, mammals, reptiles, fowls, and , park.¶ livestock; to catch and remove any fish when the (Deleted:4 person is required to obtain a fishing license from the Texas Parks and Wildlife Department, such persons being restricted to catch and release only. Deleted:¶ (2a) Use of mechanical loudspeakers or amplified music, (25).To Use or operate any motorboat,boat,or watercraft on any sound, or voices except when authorized by the parks creek,pond,lake,or water within any and recreation staff, or in connection with use of the park except Lake Lavon.¶ any amphitheater provided the amplified music or (26)..To use or operate any gas sound is within theprescribed levelsgoverned byState boat,car,ted remoter toizd airplane, boat, or other motorized model or local law, measured at the property boundary. device,including radio-controlled devices(except radio controlled boats),or helicopter,parasail,hang (24) To conduct or participate in any tournament, camp, or glider,or hot air balloon,unless organized sporting activitywhich has not been otherwise designated by the parks 9 P 9 ` and recreation staff.¶ specifically authorized by the parks and recreation staff (Deleted:7 ) or which conflicts with a scheduled activity or event (Deleted:8 ) authorized by the parks and recreation staff. (2, ) To use glass containers. Deleted:9 ) (26) To violate any Park Rules which are conspicuously (Deleted:30 ) posted at or near the main entrance to a park or park facility. (27) To operate any vehicle in a park facility parking lot after - Deleted:31 ) normal hours of operation. (28) To park or operate a commercial vehicle in park facility Deleted:32 parking lots except on official business or when attending a park function. (29) To park or operate any truck-tractor, trailer, semi-trailer, {Deleted:33 pole-trailer in a park facility parking lot at any time, unless there on official business. Sec. 78-111 Penalty. (a) Whenever in this Chapter or in any ordinance of the city an act is prohibited or is made or declared to be unlawful, an offense or a misdemeanor, or wherever in this Chapter or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Chapter or any such ordinance shall be punished by a fine of not exceeding $500.00, except for: (1)Violations of municipal ordinances that govern fire safety, zoning, public health and sanitation, including dumping of refuse, in which case the maximum fine shall be $2,000.00 for each offense; and (2)Violations of traffic laws and ordinances which are punishable as a class C misdemeanor shall be punished by a fine not to exceed $200.00. No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. (b) Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense. (Code 1991, ch. 1, § 1.06; Code 1997, § 1-9) State law references: Ordinance, rule or regulation necessary to carry out other powers, V.T.C.A., Local Government Code § 51.001; amount of fine or penalty imposed by the city, V.T.C.A., Local Government Code § 54.001; abatement of health nuisances, V.T.C.A., Health and Safety Code § 341.011 et seq.; jurisdiction of municipal court, V.T.C.A., Government Code§ 29.003. Sec. 78-112--78-130. Reserved. DIVISION 2. PARKING IN MUNICIPAL PARKS Sec. 78-131. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: No parking means an area designated for unobstructed access on a street, path or road. (Ord. No. 96-26, § 1, 7-9-1996; Code 1997, § 78-186) Cross references: Definitions generally, § 1-2. Sec. 78-132. Offense to violate division. It shall be an offense to violate any provision of this division. (Ord. No. 96-26, § 5, 7-9-1996; Code 1997, §78-187) Sec. 78-133. No parking areas. No parking shall occur where designated no parking signs are placed within municipal parks. Only emergency vehicles will be allowed in these designated areas. (Ord. No. 96-26, §2, 7-9-1996; Code 1997, § 78-188) Sec. 78-134. Signs and markers notifying public of no parking zones. The city manager, or his designee, shall be responsible for installing markers and, if necessary, signs to properly notify the public of the location of the no parking zones. (Ord. No. 96-26, §3, 7-9-1996; Code 1997, §78-189) Sec. 78-135. Enforcement of division. The no parking zone provided in this division shall in no way be obstructed. The police department is authorized to issue citations and/or remove or cause to be removed any material or vehicle other than an emergency vehicle which is obstructing a no parking zone at the expense of the owner of such material or vehicle. (Ord. No. 96-26, §4, 7-9-1996; Code 1997, § 78-190) Secs. 78-136--78-150. Reserved. ARTICLE VI. WATERCRAFT REGULATIONS* *State law references: Local regulation of public waters and lakes, V.T.C.A., Parks and Wildlife Code§31.092. Sec. 78-151. Public launching sites. (a) Each of the public launching sites including, but not limited to, East Fork Park, East Fork Marina, Avalon Park, Lavonia Park, Mallard Park, Little Ridge Park and Pebble Beach Park, on Lake Lavon, City of Wylie, Collin County, are zoned "No Wake Areas" and will be properly identified as such, by placement of at least two "can" type buoys displaying "No Wake" encircled, 200 feet out from the launching ramps and 200 feet apart. (b) All public launching sites are zoned "No Swimming Areas" and will be identified as such by placement of a sign which reads "Swimming and Bathing Prohibited in Approaches to or on the Boat Ramps" or equivalent at each launching site. (Ord. No. 2002-4, §2, 10-22-2002) Sec. 78-152. Watercraft prohibited. (a) Each of the swimming areas on Lake Lavon, City of Wylie, Collin County, including, but not limited to Little Ridge, East Fork, Avalon, Mallard and Pebble Beach Parks are zoned "No Boating Area" and will be identified as such by placement of"can" type buoys marked "Swimming Area -- Keep Out" 200 feet out and along the perimeter of the swimming area which will be further identified by placement of a "capsule" buoy line outlining the perimeter of the designated swimming area. (b) In any area zoned a "No Boating Area", all watercraft are prohibited, including, but not limited to, power boats, motor boats, personal watercraft, any motor-driven craft and any wind-or man-powered crafts. (Ord. No. 2002-4, §3, 10-22-2002) Sec. 78-153. Water intake structures. (a) Two North Texas Municipal Water Utilities intake structures. The water area 300 feet in front of both water intake structures owned and operated by North Texas Municipal Water Utilities, is zoned as "Danger Areas" will be identified as such by placement of a sign on the face of the structures which reads "Dangerous Current-- Stay 300 Feet Away," and/or buoys displaying the universal markings of a diamond with inner cross and the words"Danger-- Keep Out." (b) Garland Power Plant, inlet and outlet channels. The water area 300 feet in front of the Garland Electric Power Plant intake structure and 300 feet below the end of the outlet structure are zoned "Danger Areas" and will be identified by placement of"can"type buoys displaying the universal markings of a diamond with inner cross and words "Danger -- Keep Out" on a perimeter of 300 feet on the water side of both structures. (c) East Fork and Avalon intake structures. The water area 300 feet in front of the water intake structures known as East Fork and Avalon are zoned as "Danger Areas" will be identified as such by placement of a sign on the face of the structures which reads "Dangerous Current -- Stay 300 Feet Away," and/or buoys displaying the universal markings of a diamond with inner cross and the words "Danger-- Keep Out." (Ord. No. 2002-4, §4, 10-22-2002) Sec. 78-154. Lavon Dam inlet and outlet structure. (a) The water area 300 feet upstream on the Lavon Dam gate facilities is zoned a "Danger Area" and will be identified as such by placement of "can" type buoys displaying the universal markings of a diamond with inner cross and the words "Danger -- Keep Out" on a perimeter of 300 feet upstream from the face of the gate facilities. (b) Also, due to the slippery surfaces and strong water current and undertow, the immediate shoreline adjacent to the gate facilities is zoned a "Danger Area" and will be so marked by signs reading"Restricted Area-- Keep Out." (c) The water area below the dam to the railroad bridge approximately 400 feet downstream, is zoned a "Danger Area" and will be so identified by signs reading "Danger No Floats, Boats or Wading Beyond This Point" located to face downstream and adjacent bank fishing areas. (Ord. No. 2002-4, § 5, 10-22-2002) Sec. 78-155. Commercial marinas and/or floating concession facilities. The water areas of marinas and/or concession areas under license agreement with the U.S. Army Corps of Engineers on Lavon Lake are zoned "No Wake Areas" and will be so identified by placement of "can" type buoys displaying "No Wake"encircled, as prescribed by the Universal State Waterways marking system, on the perimeter of the controlled area and/or upon approaches to the controlled area,whichever is more practical. (Ord. No. 2002-4, §6, 10-22-2002) Sec. 78-156. Endangering life or property prohibited. It shall be unlawful for any person to operate any boat or other watercraft on any portion of Lake Lavon lying within the corporate limits of the city in such a manner as to endanger life or property (Ord. No. 2002-4, §7, 10-22-2002) Sec. 78-157. Other areas. Other areas where the city identifies a hazard to life or property may be designated as "No Boating Area" or "No Wake Area" with installation of appropriate markings. These areas may include future marina sites, barge areas, shoals, shoreline abutments, and other water hazards. (Ord. No. 2002-4, §8, 10-22-2002) Sec. 78-158. Offense. It shall be an offense to violate any portion of this article. (Ord. No. 2002-4, §9, 10-22-2002) CITY OF WYLIE Item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM September 27, 2005 Engineering Council Meeting Of: Originating Department: Prepared By: Chris Hoisted Account Code No. #: Date Prepared: September 19, 2005 Budgeted Amount: N/A Exhibits: Amendment AGENDA SUBJECT: Consider and act upon a request by Skorburg Company to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage in excess of 18,000 square feet. RECOMMENDED ACTION: Approval SUMMARY: The City of Wylie Design Standards and Construction Details include a design for an estate residential roadway section for lots of one acre or larger. Skorburg Company has requested to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage in excess of 18,000 square feet. The roadway section includes 26 feet of concrete paving, a 2 foot shoulder, and a drainage easement adjacent to the street right of way. The developer also requests that the City require the home builder to field verify the elevation of the driveway culvert prior to C.O. to eliminate ponding in the City maintained drainage swales. APPROVED BY: Initial Date Department Director: CH \ 9/19/05 City Manager: At( \ 9/4a.!" 1 Skorburg Company 3838 Oak Lawn Ave.,Ste.1212 Dallas,TX 75219 Phone: 214/522-4945 Fax: 214/522-7244 SKORBURG COMPAN Y September 19,2005 Chris Hoisted,P.E. City Engineer City of Wylie 2000 HWY 78 Wylie,TX 75098 Re: Street Design at Braddock Place Dear Chris: Please accept this letter as the request to construct an estate residential street section that utilizes open swale drainage rather than curb and gutter improvements on the portions of the Braddock Place property that serve lots with square footage in excess of 18,000 square feet. We propose the following typical detail: VARIABLE VARIABLE 11D1H U.D.E. 50'R.O.W. MOTH U.D.E. VANES Y VM161 13 Crown £ 13' r VARIES 2 VARIES e•Parabolic �i�\�*� Fa t se a ri:= z<us�. 4,��f. i �'i�\4\\` "\\i ,:_ vole \`SO';4'' Frond'bw UINIU.o r s 5. ____ __, 5 Lime Stabilized Subgrade We also ask you to allow the design and construction of street grades at 0.3%and greater.The City's current design standards allow for a minimum of 0.5%.However the natural topography of the site is less than 0.5%. Skorburg Company has developed other projects under similar constraints.In those instances,the municipalities have allowed a minimum slope of 0.3%on street and bar ditch grades.In efforts to insure adequate drainage, a flow line verification plan was developed as part of the building permit process.An example of this verification plan is enclosed with this letter. We respectfully request the City Council consider these items at their September 27th meeting.Please call with any questions or comments. Cordially, 70* — Richard M. orburg ,C /']"` President BRADDOCK PLACE BUILDER GRADE VERIFICATION Purpose: Builders must verify final elevations at the tlowline of the drainage swale and on both sides of the installed culvert pipe. 'Circle Appropriate Location(North/South/East/West) ••Enter N/A if it does not pertain or does not exist BUILDER: Builder A Lot Dimensions Width: 133.28 Depth: 323.33 Lot: 25 Block: A Address: 5304 Ravensthorpe dr DRAINAGE SWALES Percent Grade FRONT DRAINAGE SWALE: • (North/South/East/West) • (North/South/East/West) Front Corner Elevation Corner elevation ENGINEERED ELEVATION 630 627.5 1.88% FINAL BUILDER ELEVATION AT C.O. Variance REAR DRAINAGE SWALE: • (North/South/East/West) ' (North/South/East/West) Rear Corner Elevation Corner Elevation ENGINEERED ELEVATION 635.1 636.2 -0.83% FINAL BUILDER ELEVATION AT C.O. Varience SIDE DRAINAGE SWALE: • (North/South/East/West) • (North/South/East/West) Side P.L P.L RECORD DRAWING ELEVATION 635.1 630 1.58% FINAL BUILDER ELEVATION AT C.O. Variance SIDE DRAINAGE SWALE: • (North/South/East/West) • (North/South/East/West) Side P.L. P.L. RECORD DRAWING ELEVATION 636.2 627.5 2.69% FINAL BUILDER ELEVATION AT C.O. Variance DRIVEWAY CULVERT CULVERT 1:•(North/South/EasllWest) " (North/South/East/West) • (North/South/East/West) Grade FINAL ELEVATION AT INSTALLATION 0.00% CULVERT 2: •(North/South/EastMest) " (North/South/East/West) (North/South/East/West) Grade FINAL ELEVATION AT INSTALLATION 0.00% I hereby certify that all elevations submitted on this sheet are field verified, correct and were supervised by myself. Builder Name Date Contractor Name Date Builder A CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 27, 2005 Originating Department: Finance Prepared By: Larry Williamson Account Code No.#: 611-5715-56040 Date Prepared: September 22, 2005 Budgeted Amount: Exhibits: Agreement AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute an agreement between Wylie Northeast Water Supply Corporation and the City of Wylie to establish fees and charges and the mechanism for the shutting off of water for the none payment of the City of Wylie Sewer and Trash service. RECOMMENDED ACTION: It is recommended that the City Council approve this agreement SUMMARY: The City of Wylie has not had the ability to collect its sewer and trash fees with the threat of water service cut-offs in those areas where the City provides the sewer and trash service and Wylie Northeast provides water. Wylie Northeast has been reluctant to cut off City of Wylie sewer customers unless a written agreement was in effect with the City. In addition, Wylie Northeast reads the meters of our sewer customers so that we can bill our sewer customers based on their water usage,the same as other city residents. For these services Wylie Northeast has established fees and charges to offset there costs as outlined in the agreement. In some instances these fees are higher then those paid by other city sewer customers outside the Wylie Northeast service area. APPROVED BY: Initial Date Department Director: LW \ 9/22/05 City Manager: /Me \ 943/a&" 1 AGREEMENT FOR THE DISCONNECTION OF WATER SERVICE and METER READING THIS AGREEMENT is made by and entered into by and between the CITY OF WYLIE, TEXAS, acting herein by and through its governing body (hereinafter called "City") and WYLIE NORTHEAST WATER SUPPLY CORPORATION acting herein by and through its duly authorized representatives (hereinafter called"WSC"). WHEREAS, WSC is a Texas nonprofit water supply corporation organized pursuant to TEX. REV. CIV. STAT. art. 1434a (now Chapter 67 of the Texas Water Code), which has been granted Certificate of Convenience and Necessity No. 10192 by the Texas Commission on Environmental Quality ("TCEQ") to provide retail water utility service to persons located within a defined service area in Collin County, Texas; and WHEREAS, City is a home rule municipality located partially in Collin County, Texas which provides sanitary sewer service to City customers, some of whom receive water utility service from the WSC; and WHEREAS, City is in need of water meter reading in order to bill City sewer customers who are being provided water service by WSC; and WHEREAS, Title 30, Texas Administrative Code, Section 291.88(e) authorizes the disconnection of water service for the nonpayment of sewer charges upon agreement between the utility providers. NOW THEREFORE, City and WSC enter into this Agreement and agree as follows: 1. Disconnection of Water Service for Failure to pay Sewer Service Charges. WSC agrees that it will disconnect WSC's water service to City's sewer customers for failure to pay undisputed sewer charges in accordance with the following procedures: a. City must send notice of water service termination to the customer ("Notice") and WSC in conformity with Title 30, Texas Administrative Code, Section 291.88(a), as it exists or may be amended. b. If the customer to whom a Notice is sent fails to take the action required to avoid disconnection, such as paying past due service charges, or fails to establish that disconnection is prohibited under Title 30, Texas Administrative Code, Section 291.88(c) or (f), as it exists or may be amended, then City shall notify WSC that the customer has failed to take action to avoid disconnection and that WSC should proceed with the disconnection("Termination Request"). c. After receiving the Termination Request from the City, WSC shall disconnect water service on the date set forth in the Notice. If the Termination Request is received by WSC after the date of termination set forth in the Notice, then WSC shall disconnect the customer's water service no later than the next business day following receipt of the Termination Request. The Termination Request will state total amount owed plus $100.00 disconnect/reconnect fee. d. Following disconnection of the customer's water service, WSC shall notify City of the date on which the water service was terminated. AGREEMENT FOR THE DISCONNECTION OF WATER SERVICE Page 1 335305.v1 e. The City agrees that WSC will collect the past due sewer charges for the City and retain the Disconnect Fee of$50.00 and a Reconnect Fee of$50.00 if and when appropriate. This collection function is being delegated by the City so that its sewer customers do not have to make two trips to have their water turned back on. WSC will forward a check for cutoffs on the 1st of the month for total amount collected minus disconnect/ reconnect fee. 2. Reconnection of Water Service. City shall immediately notify WSC when a customer has paid past due service charges and applicable reconnect fees or when other circumstances that resulted in the disconnection are corrected. WSC must restore water service in compliance with Title 30, Texas Administrative Code, Section 291.88(h), as it exists or may be amended. 3. Meter Reading. The WSC will make available on the first business day following the 21st of each month or as soon as possible thereafter, a listing of the monthly meter readings for all water customers who are being provided sewer service by the City. The City will pay WSC $.75 per account per month for meter reading services and $5.00 for each new account set up with City sewer service. The City will bring a check for invoiced services perform by WSC when picking up readings at WSC office. 4. Affect On Water Service. This Agreement shall not affect, or in any way impair, the WSC's rights and obligations to abide by and enforce the water service rules and regulations set forth in its tariff. 5. Term and Termination. The initial term of the Agreement shall be for one (1) year from the date of final execution by the parties. Thereafter, this Agreement shall automatically renew for two (2) additional one (1) year terms. Either party may terminate this Agreement by giving the other party sixty (60) days written notice to the other party. 6. Miscellaneous Provisions. a) Assignment. WSC shall have the right to assign or transfer this Agreement, together with all right, title and interest in this Agreement, to any successor entity of WSC at any time during the term of this Agreement, and any such assignee shall acquire all of the rights and assume all of the obligations of WSC under this Agreement. b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c) Venue. Save and except for matters over which the TCEQ has primary or exclusive jurisdiction, this Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. AGREEMENT FOR THE DISCONNECTION OF WATER SERVICE Page 2 335305.v1 f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. j) Parties not an Agent. The participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. k) Sovereign Immunity. The parties agree that neither party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. I) No Third Party Beneficiaries. This Agreement is not executed for the benefit of any third party and its terms shall not be enforceable by, or construed in favor of, any person or entity other than the express parties to this Agreement. m) Amendment. This Agreement may be amended upon mutual written agreement of the parties. n) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof, except that notices required under paragraphs 1. or 2., above, shall be made via facsimile. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee or confirmation AGREEMENT FOR THE DISCONNECTION OF WATER SERVICE Page 3 335305.v1 of the facsimile. For purposes of notice, the addresses and facsimile numbers of the parties shall be as follows: If to Wylie, to: City of Wylie Attn: City Manager 2000 N. Highway 78 Wylie, TX 75098 (FAX) (972) 442-4302 If to WSC, to: Wylie Northeast WSC Attn.: General Manager P.O. Box 1029 Wylie, Texas 75098 (FAX) (972) 429-9413 SIGNED on this 27th day of September, 2005. CITY OF WYLIE,TEXAS By: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary WYLIE NORTHEAST WSC By: Jimmy Beach,President ATTEST: Mike Bailey, Secretary/Treasurer AGREEMENT FOR THE DISCONNECTION OF WATER SERVICE Page 4 335305.v 1 CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: September 27, 2005 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: August 18, 2005 Budgeted Amount: Exhibits: Two AGENDA SUBJECT: Consider and act upon a Resolution nominating candidates to the Board of Directors for the Collin Central Appraisal District of Collin County for two-year terms beginning January 1, 2006. RECOMMENDED ACTION: Approve SUMMARY: The City of Wylie has 38 votes that may be cast for the Board of Directors of the Collin Central Appraisal District. This is the first step of the process in which nominations are accepted. Council is asked to approve a Resolution, nominating a candidate for the Central Appraisal District for Collin County Board of Directors, which must be delivered to the Chief Appraiser before October 17, 2005. APPROVED BY: Initial Date Department Director: CE \ 8/18/05 City Manager: AMR \ qt./Si/sr from tic Desk,of C aroT Efirfiefi, Qut4C CitySecretary Office Wiemo To: Mark B. Roath From: Carole Ehrlich,TRMC,CMC CC: Date: September 16,2005 Re: CCAD Board Nominations Honorable Mayor and City Council, Collin Central Appraisal District will hold elections sometime in November for their Board of Directors for two year terms beginning January 1, 2006 and ending December 31, 2008. The City of Wylie has 38 votes to cast for this election. CCAD has requested that names be submitted for inclusion on the ballot. The deadline for submission of the resolution from the presiding officer including the name and address of each candidate nominated must be received by the Chief Appraiser before October 17, 2005. We will place this on the agenda for the September 27, 2005 Council Meeting. Any Council Member wishing to nominate a candidate should contact the candidate to see if they are willing to serve, if elected, and provide the information required so we may include this with the agenda communiqué. If you have any questions please do not hesitate to let us know. 1 RESOLUTION NO. 2005-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY TEXAS, CASTING BALLOTS FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN ACCORDANCE WITH SECTION 6.03 (G) OF THE STATE PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, the Wylie City Council is required by the State Property Tax Code to cast votes for the Board of Directors of the Central Appraisal District; and WHEREAS, said votes must be cast no later October 17, 2005, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS THAT: SECTION 1: The Wylie City Council nominates , of , Wylie Texas to become a member of the Central Appraisal District for Collin County Board of Directors. SECTION 2: The City Secretary is hereby directed to notify all appropriate parties of this action. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas on this 27th day of September, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2005-26(R) CCAD Nomination