Ordinance 2004-01
ORDINANCE NO. 2004-01
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NUMBERS 87-15 AND 99-6, SECTIONS 78-107,78-108, 78-109,
78-110, 78-112, 78-113 AND APPENDIX C - FEE SCHEDULE SECTION 15.00
OF THE WYLIE CODE OF ORDINANCES; PROVIDING REQUIREMENTS
FOR PARK LAND DEDICATION OR PAYMENT OF CASH IN LEIU
THEREOF; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN
SPACE PRESERVATION AND PARK DEVELOPMENT; PROVIDING FOR
A PENALTY FOR VIOLATION HEREOF; PROVIDING
SA VlNGS/REPEALING AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Park Board of the City of Wylie, Texas has performed a study and
determined that it is necessary and in the best interest of the City of Wylie, Texas ("Wylie") to amend
Wylie's Park Dedication Ordinance Nos. 87-15 and 99-6 which provide for recreational areas in
Wylie or providing for money in lieu of dedication ofland; and
WHEREAS, the City Council of Wylie (the "City Council") has investigated and determined
that Wylie's Park Dedication Ordinance Nos. 87-15 and 99-6 should be amended in furtherance of
Wylie's Parks, Recreation and Open Space Master Plan adopted in 2003; and
WHEREAS, the City Council finds that all notices and hearings as required by statute and
other applicable law have been performed; and
WHEREAS, the City Council investigated and determined that it would be advantageous,
beneficial and in the best interest of the citizens of Wylie to amend Wylie Ordinance Nos. 87-15 and
99-6, Sections 78-107,78-108, 78-109, 78-110, 78-112, 78-113 and Appendix C - Fee Schedule
Section 15.00 of the Wylie Code of Ordinances as set forth below:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findines Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Section 78-107. Dedication Procedures. Section 78-107 "Dedication
Procedures" of Wylie's Code of Ordinances is hereby amended to read as follows:
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
planning and zoning ordinances of the city, such plat shall contain a clear fee simple
dedication of an area ofland to the city for park purposes, which area shall equal five
(5) acres for each 100 proposed dwelling units.
b) The city council declares that development of an area smaller than five (5) acres for
public park purposes is impractical. Therefore, if fewer than 100 units are proposed
Ordinance #2004-01
AMENDMENTS TO PARKLAND DEDICATION
Page 1
by a plat filed for approval, the developer shall be required to pay the applicable cash
in lieu ofland amount provided by section 78-108 ( c), rather than to dedicate any land
area. No plat showing a dedication for park purposes ofless than five (5) acres shall
be approved.
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 ofthe 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 78-108 ( 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.
SECTION 3: Section 78-108. Monev in Lieu of Land. Section 78-108 "Money in Lieu of
Land" of Wylie's Code of Ordinances is hereby amended to read as follows:
a) Subject to approval ofthe city council, a land owner responsible for dedication under
this article may elect to meet the requirements of section 78-107, 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 ofland shall be made at or prior to the time offinal plat
approval. Nonpayment offee 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 shall 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 of
Ordinances. 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 ofland, 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 neighborhood 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 neighborhood 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 zone(s).
SECTION 4: Section 78-109. Comprehensive Plan Considerations. Section 78-109
"Comprehensive Plan Considerations" of Wylie's Code of Ordinances is hereby amended to read as
follows:
Ordinance #2004-01
AMENDMENTS TO PARKLAND DEDICATION
Page 2
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 qn land suitability. This plan may be,
from time to time, updated and amended at the pleasure ofthe approving authorities and as
the review of proposed plats for development within those zones. .
SECTION 5: Section 78-110. Park Acauisition and Improvement Fund: Rieht to
Refund. Section 78-110 "Park Acquisition and Improvement Fund; Right to Refund" of Wylie's
Code of Ordinances is hereby amended to read as follows:
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 (5) years from the date received by the city for
acquisition or development of a neighborhood 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 (1) 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 phase(s)
shall be met by placing funds into an escrow account as directed 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 (1) year of
entitlement, in writing, or such right shall be barred. Ifland dedication does not occur
within five (5) 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.
SECTION 6: Section 78-112. Minimum Park Improvements. Section 78-112 "Minimum
Park Improvements" of Wylie's Code of Ordinances is hereby amended to read as follows:
In cases where land dedication is chosen, the following minimum criteria must be adhered to
by the developer, at the developer's expense, prior to acceptance ofthe improvements by the
Ordinance #2004-01
AMENDMENTS TO PARKLAND DEDICATION
Page 3
city.
a) Grading and clearing of unwanted vegetation, to be determined by the city;
b) Installation of sub-grad drainage. No open drainage channels will be permitted on
land being dedicated for park purposes; and
c) Provision of water and sewer service to the site.
SECTION 7: Section 78-113. Biennial Review. Section 78-113 "Biennial Review" of
Wylie's Code of Ordinances is hereby amended to read as follows:
a) Prior to one (1) year after the effective date of this ordinance, the Park Board shall
review the Parkland Dedication ordinance and make any recommendations for
revision to the City Council. Thereafter, at least once every two (2) years, the Park
Board shall review the Parkland Dedication ordinance and make any
recommendations for revision to the City Council.
SECTION 8: Appendix C - Fee Schedule. Section 15.00. Parkland Dedication Fees.
Appendix C - Fee Schedule, Section 15.00. "Parkland Dedication Fees" of Wylie's Code of
Ordinances is hereby amended to read as follows:
When the dedication requirement is met by a payment of cash, in lieu of dedication ofland, 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 neighborhood park to serve the park
zone in which such development is located, unless changed by the city council, such per acre
price shall be computed as follows:
Five (5) or more single-family dwelling units per acre $1,500 per lot
Three (3) or four (4) single-family dwelling units per acre $2,000 per lot
One (1) or two (2) single family dwelling units per acre $3,000 per lot
Individual multi-family (apartment) dwelling unit $800 per dwelling unit
Non-residential $1,000 per acre, or prorated portion thereof
SECTION 9: Penalty Provision. Any person, firm, corporation or business entity violating
this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject
to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation
relates to fire safety, zoning or public health and sanitation, in which the fine shall not exceed the sum
of TWO THOUSAND AND NO/lOO DOLLARS ($2,000.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 10: SavineslRepealine Clause. Wylie's Code of Ordinances shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but
such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall
the repeal prevent a prosecution from being commenced for any violation if occurring prior to the
repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and
effect.
Ordinance #2004-01
AMENDMENTS TO PARKLAND DEDICATION
Page 4
SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force and
effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that anyone or"more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 12: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 13th day of
January, 2004.
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APPROVED
John
ATTESTED:
AND CORRECTLY RECORDED:
Date(s) of Publication 1-21-04
Ordinance
AMENDMENTS TO PARKLAND DEDICATION
Page 5
THE WYLIE NEWS
Lovermg WylIe, Sachse, Murphy and the surroundmg area
110 N. Ballard
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of
The Wylie News, a newspaper regularly published in Collin County, Texas and having general
circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the
foregoing attached
Public Notice - City of Wylie
Ord. No. 2004-02, Ord. No. 2004-04,
Ord. No. 2004-01, Ord. No. 2004-03
was published in said newspaper on the following date(s), to-wit: Jan. 21, 2004.
~
Chad Engbrock, Publisher
Subscribed aud sworn before me ou tbis, tbe ,;) r day of ~
to certify which witness my hand and seal of office.
, 2004
/"!
(;i,/ d~
Notary Public in and for
The State of Texas
My commission expires 01- oJ - () 7
r 21,2004
- ~--~---
~
.951 S. Ballard St.,
Texas 75098 and
:d before 2:00 p..m.,
;ay, ~ebruary 5,
Thereafter, at 2:00
H seal, '\ bids will be
ly opened and read
Howing bid pack-
ill be available for
m multiple prime
tors who will con-
irectly with Wylie
ndent School
t and be coordinated
lagher construction
ement Services:
A Construction
Removal
B Final Building
g
A Excavation
E Termite Control
F Landscape &
on
A Concrete
A Masonry
A Structural Steel
ction
A Millwork
A Roofing &
etal
C Sprayed on
fing
A Frames, Doors
ware
B Glass &
A Drywall &
'cal
B Ceramic Tile &
overings
E Painting .
J Poured Epoxy
A Building
ties
D Metal Lockers
F Projection
G Identification
Aluminum
ays
A Food Service
ent
~B Appliances
:A Laboratory
ork & Fixtures
.D Horizdntal
r Blinds
.A Mechanical:
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nONS 78-107,78-108, 78- PROVIDING FOR
109, 78-110, 78-112, 78- EFFECTIVE DATE
113 AND APPENDIX C - THE EXEMPTION;
FEE SCHEDULE SEC- VIDING FOR REP
nON 15.00 OF THE lNG, SAVINGS
AN ORDINANCE OF WYLIE CODE OF ORDI- S EVE R A B I L
THE CITY OF WYLIE, 'NANCES; PROVIDING CLAUSES; AND
TEXAS, AMENDING REQUIREMENTS FOR VIDING FOR AN EF
THE COMPREHENSIVE PARK LAND DEDICA- nVE DATE OF
ZONING ORDINANCE nON OR PAYMENT ~RDINANCE.
OF THE CITY OF CASH IN LEIU THERE- 35-lt.
WYLIE, AS HERETO- OF; TO PROVIDE FOR
FORE AMENDED, SOAS NECESSARY PLAN- NORTH TEXA
TO CHANGE THE ZON- NING FOR OPEN SPACE MUNICIPAL WAl
ING ON THE HERE- PRESERVATION AND DISTRICT
INAFTER DESCRIBED PARK DEVELOPMENT; INVITATION TO
PROPERTY, ZONING PROVIDING FOR A Rockwall- Farmer
CASE NUMBER 2003-13, PENALTY FOR VIOLA- System
TO NEIGHBORHOOD TION HEREOF; PRO- Connection to McK
SERVICES (NS) District V I DIN G - Piano Systen
AND SPECIAL USE PER- SA VINGS/REPEALING PROJECT NO
MIT (sup) FOR AND SEVERABILITY WCF 03-15
TELECOMMUNICA- CLAUSES; AND PRO"
nONS TOWER; PRO- VIDING FOR AN EFFEC-
VIDING FOR THE TIVE DATE.
REPEAL OF ALL ORDI-
NANCES IN CONFLICT;
PROVIDING A SEVER-
ABILITY CLAUSE; AND
PROVIDING FOR AN
EFFECTIVE DATE.
THIS ORDINANCE.
ORDINANCE NO.
2004-04
ORDINANCE NO.
2004-03
ORDINANCE NO.
2004-01
AN ORDINANCE
ESTABLISHING AN AD
VALOREM TAX FREEZE
FOR RESIDENTIAL
HOMESTEAD PROPER-
TY OWNERS OF THE
CITY OF WYLIE, TEXAS
WHO ARE DISABLED
OR 65 YEARS OF AGE
OR OLDER; PROVIDING
FOR DEFINITIONS;
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
ORDINANCE NUMBERS
87-15 AND 99-6, SEC-
Sealed bids addres5
the President and Bo
Directors of the
Texas Municipal
District, will be recei
the office of the Ex(
Director of the North
Municipal Water D
505 E. Brown Stree
Box 2408, Wylie,
75098, until 2:00
Thursday, Februar
2004, for fumishi
labor, material and
ment, and performi
work required for CO!
tion of the Water ~
WE
99~
APF
APF
YOU MAY QU ALIFY FOR:
.... $1.000 OLDSMOBILE LOYALTY REBATE
.... $500 GMAC INSURANCE OFFER
.... $750 MILITARY PROGRAM
.... $1.000 DELPHI RETIREE REBATE
.... $1.000 GM TEST DRIVE OFFER
.... $500 DEALER OWNER LOYALTY PROGRAM4
.... ALL GM EMPLYEES. SUPPLIERS.
CREDIT UNIONS WELCOME
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