Ordinance 1987-15
OFW I NANCE No.o_B_'Z-:Ir...
AN ORDINANCE PROVIDING REQUIREMENTS FOR PARK LAND
DEDICATION; TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE
PRESERVATION AND PARK DEVELOPMENT; CONTAINING A SEVERANCE
CLAUSE; PROVIDING FOR PUBLIATION AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECT I ON 1.
PURPOSE.
(a) This ordinance is adopted to provide recreational areas
in the form of neighborhood parks as a function of
subdivision development in the City of Wylie. This
ordinance is enacted in accordance with the Home Rule powers
of the City of Wylie, granted under the Texas Constitution,
"HOld the statut€,:,s of thE? State of Te>{as, irlcluding, but riot
by way of limitation, Articles 974a and 1175. It is hereby
declared by the City Council that recreational areas in the
form of neighborhood parks are necessary and in the public
welfare, and that the only adequate procedure to provide for
same 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) Neighborhood 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 of Wylie 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 neighborhood 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, the
following requirements are adopted to effect the purposes
~:;t; "-'I t ed.
SECTION 2. GENERAL REQUIREMENT, SF-l,SF-2,SF-3,2F-SFA-M-
PD LAND, TO BE USED FOR SINGLE FAMILY, DUPLEX AND/OR
APARTMENT RESIDENTIAL PURPOSES.
~a. Whenever a final plat is filed on record with the County
Clerk of Collin 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 of land to the City for park purposes, which area
shall equal one acre for each (133) proposed dwelling units.
Any proposed plat submitted to the City for approval shall
show the area proposed to be dedicated under this ordinance.
The required dedication of this Section may be met by a
payment of money in lieu of land when permitted or required
by the other provisions of this ordinance.
~b. The City Council declares that development of an area
smaller than one acre for public park purposes is
impr~actical. Ttler~f2fon;?, if f(:?wer~ tharl (133) units ar-'€;!
proposed by a plat filed for approval, the developer shall
be required to pay the applicable cash in lieu of land
amount provided by Section 3(c), rather than to dedicate any
land area. No plat showing a dedication of less than one
acre shall be approved.
cc. In instances where an area of less than 5 acres is
required to be dedicated, the City shall have the right to
accept the dedication for approval on the final plat, or to
refuse same, after consideration of the recommendation of
the Planning and Zoning Committee and the Parks and
Recreation Board, and to require payment of cash in lieu of
land in the amount provided by Section 3(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.
2d. The dedication required by this Ordinance shall be made
by filing of the final plat or contemporaneously by separate
instrument unless additional dedication lS required
subsequent to the filing of the final plat. If the actual
number of completed dwelling units exceed the figure upon
which the original dedication was based, such additioal
dedication shall be required, and shall be made by payment
of the cash in lieu of land amount provided by Section 3(c).
SECTION 3.
MONEY IN LIEU OF LAND.
~a. Subject to approval of the City Council, a land owner
responsible for dedication under this ordinance may elect to
meet the requirements of Section 2 in whole or in part by a
fee payment in lieu of land, in the amount set forth in
Section 3(c). Such payment in lieu of land shall be made at
or prior to the time of final plat approval. Non payment of
fee shall constitute ground sufficient to deny approval of
proposed plat.
3b. 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 equal to the sum of (a) the
average price per acre of such land, and (b) the actual cost
of adjacent streets and onsite utilities, or an estimate of
such actual cost provided by the City Engineer. Once the
City has been reimbursed entirely for all such parkland
within a park zone, this section shall cease to apply, and
the other sections of this ordinance shall again be
applicable.
3c. To the extent that Section 3(b) is not applicable, the
dedication requirement shall be met by a payment in lieu 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 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 on the basis of $225.00 per dwelling unit.
Cash payments may be used only for acquisition or
improvement of a neighborhood park located within the same
zone as the development.
SECTION 4. COMPREHENSIVE PLAN CONSIDERATIONS.
The City, through it's staff, Planning and Zoning Commission
recommendations and City Council approval shall create and
maintain a master park plan for the City of Wylie and it's
extra-terrotorial jurisdiction. The City shall further
designate the size of said parks and the zones which are to
be supportive of these parks. This plan may be, from time
to time, updated and amended at the pleasure of the
approving authorities and at the reaction to proposed
subdivisions presenting plats for development within those
zones. These designated park areas will be given first
priority by the developers and should be located on
unsubdivided acreage greater than fifty (50) acres minimum
to allow the subdivdier adequate land to offset the initial
dedication. Other funds receive from tracts within the
area, both larger and smaller, will be used for the
development of said park.
SECTION 5. PARK ACQUISITION & IMPROVEMENT FUND, RIGHT TO
REFUND.
Sa. There is hereby established a special fund for the
deposit of all sums paid in lieu of land dedication under
this ordinance or any preceding ordinance, which fund shall
be known as the Park Acquisition & Improvement Fund. Said
fund may be subdivided to create as many separate funds as
become necessary in order to insure that all funds are
separated by park zone and spent wholly and completely
within said park zone. Each fund shall be separately
audited in the Annual Audit of the City of Wylie and shall
be available for public review.
Sb. The City shall account for all sums paid in lieu of land
dedication under this ordinance with reference to the
individual plats involved. Any funds paid for such purposes
must be expended by the City within (5) years from the date
received by the City for acquisition of development of a
neighborhood park as defined herein. 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 prorata 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.
SECTION b. ADDITIONAL REQUIREMENTS, DEFINITIONS.
Ga. Any land dedicated to the City under this ordinance must
be suitable for park and recreation uses. The following
characteristics of a proposed area are generallly
unsuitable:
1. Any area primarily located in the one hundred (100)
year flood plain.
c. Any areas of unusual topography or slope which
renders same unusable for organized recreational
activities.
The above characteristics of a park land dedication area may
be grounds for refusal of any preliminary plat.
Gb. Land listed in Section G(a) may be accepted by the City
Council provided that suitable land in the proper amount is
dedicated which is contiguous with the unsuitable land.
Gc. 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.
Gd. Each park must have ready access to public street.
Ge. Unless provided otherwise herein, an action by the City
~5hall bf2 by thE':' City Council, c:'1fter~ considE::r"atio'("1 of thE~
recommendations of the Planning and Zoning Commission and
the Parks and Recreation Committee and its recommendation to
the City Council.
Gf. If any provision of this ordinance or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect any other provisions or
application of this ordinance which can be given effect
without the invalid provision or application and to this
end, the provisions of this ordinance are declared to be
s;ever~a b If':!.
SECTION 7.
SEVERABILITY.
It is hereby declared to be the intention 1"0 the City
Council the sections, paragraphs, sentences, clauses, and
phases of this ordinance are severable and if any phrase,
clause, sentence or section of this ordinance shall be
declared unconstitutional or invalid by any judgement or
decree of a court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any other
remaining phrase, clause, sentence, paragraph or section of
this ordinance; and the City Council hereby declares it
would have passed the remaining portions even though it had
known the affected parts would be held unconstitutional.
SECTION B.
PUBLICATION.
The Caption of this ordinance shall be published one time ln
a newspaper of general distribution in the City of Wylie.
SECTION 9.
EFFECTIVE DATE.
This ordinance shall become effective upon its pubication in
the newspaper of general circulation.
PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS
TI...IE ._tJ._1.t/J_._DrW DF .Il!:lll/..lt~ i. '38..7. _,~~-:;?
(~~~~l>r;--M~;;~'
THE WYLIE NEWS
P. O. BOX 311
WYLIE, TiX.... 7101I
STATE OF TEXAS J..
COUNTY OF COLLIN ~
Before me, the undersigned authority, on this day personally
appeared Scott Dorsey, 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 tpat the forgoing attached
Legal Notice Ordinance No. 87-15
was published in said newspaper on the following dates to wit:
H'ph-rlJ8-ry 4
) 1987 and
) 1987 .
) crt IN,
/d:Yv
Subscribed and sworn to before me this the 6
day Of.J-~ ) 1987 to certify which witness my
hand and seal of office.
~~~/
Margaret . ook
Notary Public in and for the
State of Texas
My Commission expires 9-12-89
8eNJiflg Wideawake Wylie 8iflce 1947
Legal Notice
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Legal Notice
(l1l])1 N.\NCI': NO,
\"1 OlmlNANCE OF THE
t'ITY OF WYLIE, A 1I0ME
lWLE POLITICAL SUllo
IJIVISION OF THE STATE
OF TEXAS.
ESTABLISHIN(; "NO
SMOKING" REGlILA
TIONS DURING OPEN
PUHLlC MEETINGS OF
CITY BOAIWS AND COM.
VIISS!ONS: PIWVIDING
FOH PUBLICATION OF
Till': CAPTION, PRO.
V\IlING FOR
SEVERABILITY: AND
pltOVlDIN(; FOlt AN EF.
FI':CTIVE DATE.
IT IS HEHEBY OIWAIN
Ell BY THE CITY COUN
CIL OF WYLIE. COLLI
COllNTY, TEXAS THAT:
PASSED AND AI'PltOV~:1
ON THIS THE 27TH DA
OF JANUARY, 1987 BY
TilE CITY COUNCIL OF
TilE CITY OF WYLIE.
COLLIN COUNTY. TEXAS.
Chuck Trimble.
Mayor
Cily of Wyiie
ATTEST:
Carolyn .Jones.
Cily Secmtary
O!WINANCE NO. H7.1:!
AN OltDINANCE OF THE
CITY OF WYLIE, A HOME
HULE I'OLlTICAL HUB.
DIVISION OF TilE STATE
OF TEXAS. AMENDING
OIWINANCE NO. 62.1:.1
HEG ULATI NG THE
LEAVING OF DEBHIS IN
CITY STREETS:
SPECIFICALLY SECTION
I AND SECTION 2: PRO.
VIDING FOR
SEVERABILITY: AND
PROVIDING.-EOR AN ~;F.
February 1 1'187 THE WYLH. :~EWS . Section A . Page il
WE THE CITY COUNCIL
OF TilE CITY OF WYLiE.
COLLI N COU NTY. TEXAS
DO IIEIU':IlY ORIlAI N:
PASSED AND APPllUVED
ON TillS TilE 27TIl IlA Y
OF .I,\NUAHY, 1987 IlY
Till-: CITY COUNCIL OF
TilE CITY OF WYLIE,
COLLIN COUNTY, TEXAS.
NI'rEST;
Carolyn .Jones
Secret.ary
Chuek Trlmhl,',
Mayor
Cily 01 Wyli,'
OIWINANCE NO. j.
AN OIWINANCE OF TilE
CITY OF WYLIE. A 1l0ME
ltuLE POLITICAL SUB-
DIVISION OF TilE STATE
OF TEXAS.
ESTABLISIlING A
MASTEH PLAN FOR
I'AltKS AND ItECltEA.
nON AREAS FOH TIl E CI-
TY OF WYLIE: PltO.
VlDING FOR PUBLICA.
TION: PROVIDING FOH
SEVERABiLITY AND
PROVIDING FOR AN EF.
FECTIVE DATE.
WE. TilE CITY COUNCIL
OF THE CITY OF WYLIE.
COLLIN COUNTY. TEXAS.
o HER~~BY OHDAIN
fIlAT:
ASSED AND APPROVED
N THIS THE 27'1'11 DAY
F JANUARY. 19H7 BY
HE CITY COUNCIL OF
HE CITY OF WYLIE.
OLLIN COUNTY. TEXAS,
Chuck Trimble,
Mayor.
City of Wylie
A'f'I'FST:
Carolyn Jones
:14.11.,'
Legal Notice
OIUlINANCE NO. H7-1:,
N OltDINANCE PIW.
DING REQUlltEMENTS
I' ) It I' A H K I, A N [)
I. :DICATION: TO PRO.
V DE FOR NECESSAHY
I' ,ANNING FOR OPEN
.' 'ACE PHESERV ATlON
ND PARK DEVELOP-
ENT: CONTAINING A
EVERANCE CLAUSE:
'HOVIDING FOH
UBLlCATION AND PRO.
IDING AN EFFECTIVE
DATE.
BE ITOIWAINED BY TilE
CITY COUNCIL OF THE
CITY OF WYLIE. TEXAS:
PASSED AND APPROVED
BY TilE CITY COUNCIL
OF TilE CITY OF WYLIE.
TEXAS:
PASSED AND APPROVED
BY THE CITY COUNCIL
OF WYLIE. TEXAS TillS
THE 27TH DAY OF
.IANUARY 19H7,
Chuck Trimhle
!\-Iuyor.
City of Wylie
A'IVI'EST:
Carolyn Jones
:34. Jl.c.
PUBLIC HEARING
The City Council of the City
of Wylie will conduct a public
hearing on Tuesday.
Fehruary 10. 1987. at 7:00
P.M. in the City of Wylie
Community Center at HOO
Thomas for the purpose of
considering a zoning of the
following property:
Crescent Cove . llx:a ted on
FM 1378 just North of the
Birmingham Farms Land
uChange Duplex tract to
SF-3.
Legal Notice
Th" r"4uest for zoning is
Sin~ie Family :l,
Carolyn Jones
Ci t Y Secretary
34. Jl-c.
PUBLIC HEAIUNG
The Planning and Zoning
Commission of the City of
Wylie will conduct a public
hearing on Thursday.
Fehruury 19. 1987 at 7:00
P,M, in the Wylie Communi.
ty Center at HOO Thomas
::';Lc,,<>j for tbe purpose of con-
sidering the re.zoning request
of Alhritton Development
Company,
This re-zoning request is for
changing the Multi.Family
Townhome to Single Family
Three (SF.3) in Westgate
Phase I Subdivision. This
property is locat.ed across
from Birmingham Elemen'
tary School on FM 3412.
Carolyn .Jones
City Secretary
:1 .. . 1 l . c ,
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