02-14-2023 (City Council) Agenda Packet Wylie City Council Regular Meeting (Amended)
February 14, 2023 —6:00 PM
Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY
CALL TO ORDER
INVOCATION&PLEDGE OF ALLEGIANCE
Invocation by Pastor Ben Phillips from First Baptist Murphy.
PRESENTATIONS &RECOGNITIONS
PR1. Recognition of Wylie Police Department Officers Andrew Abbott,Christopher McKiddy,and Xavier Mason
for their heroic actions.
PR2. Black History Month.
PR3. World Rotary Day.
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must
fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an
individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter
presented during citizen participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion.
There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda
and will be considered separately.
A. Consider, and act upon, approval of the January 24, 2023 Regular City Council Meeting minutes.
B. Consider, and act upon, Resolution.No. 2023-02(R) of the City Council of the City of Wylie, Collin,Dallas
and Rockwall counties,Texas, ordering a General Election to be held on May 6, 2023,in the City of Wylie,
Texas,for the purpose of electing the positions of Mayor and two Council members(Place 5 and Place 6)of
the Wylie City Council, to hold office for a period of three years; designating locations of polling places;
designating filing deadlines; and ordering Notices of Election to be given as prescribed by law in connection
with such election.
C. Consider, and act upon, Ordinance No. 2023-07 amending Ordinance No. 2022-56, which established the
budget for fiscal year 2022-2023;providing for repealing,savings and severability clauses;and providing for
an effective date of this ordinance.
D. Consider, and act upon, Ordinance No. 2023-08 amending Ordinance No. 2022-56, which established the
budget for fiscal year 2022-2023;providing for repealing,savings and severability clauses;and providing for
an effective date of this ordinance.
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E. Consider, and act upon, the approval of the purchase of a 2023 John Deere 60G Excavator from RDO
Equipment Company in the amount of $120,349.53 through a cooperative purchasing contract with
Sourcewell Purchasing Cooperative, and authorizing the City Manager to execute any necessary documents.
F. Consider,and act upon,the award of a professional services project order(PSPO)#W2023-24-E for the Lead
and Copper Rule Revision Compliance Phase 1 and Phase 2 to Freese and Nichols, Inc. in the amount of
$184,896.00, and authorizing the City Manager to execute any necessary documents.
G. Consider, and act upon, a Final Plat for Wellstar Addition, establishing two industrial lots on 2.31 acres and
replating Lots 12R, Block C and 15R, Block B of Regency Business Park, Phase Three, generally located
east of the cul-de-sac on Capital Street.
H. Consider, and act upon, a Final Plat for Dement Addition, being Lots 1 &2, Block A, establishing two lots
on 4.374 acres partially within the City limits of Wylie and partially within the City of Wylie Extra Territorial
Jurisdiction,located at 950 Paul Wilson Road.
I. Consider,and act upon,a Final Plat for Collins ET establishing two lots on 2.345 acres located in the City of
Wylie Extra Territorial Jurisdiction north of and adjacent to 1224 Bozman Road.
J. Consider, and act upon, a Final Plat for Browngate Pointe Addition, establishing 39 residential, seven open
space, and one commercial lot on 6.55 acres, generally located at the northeast corner of W. Brown Street
and Sanden Boulevard.
R. Consider, and act upon, a Final Plat for Dominion of Pleasant Valley Phase 4, establishing 95 single family
residential lots and four open space lots on 23.436 acres,generally located at the northeast corner of Pleasant
Valley Road and Dominion Drive.
L. Consider, and act upon, a Final Plat for Dominion of Pleasant Valley Phase 5, establishing 68 single family
residential lots and five open space lots on 25.822 acres, generally located at the southwest intersection of
Dominion Drive and Pleasant Valley Road.
M. Consider, and act upon, a Final Plat of Lot 2R of Wyndham Estates Phase 3,being a Replat of Lots 2, 3 and
4 of Wyndham Estates Phase 3, establishing one industrial lot on 2.68 acres,located on the northeast corner
of Eubanks Lane and Squire Drive.
N. Consider,and act upon,authorizing the City Manager to execute an agreement to extend the Service Contract
between the City of Wylie and National Sign Plaza,Inc. in accordance with Ordinance No. 2008-33.
O. Consider, and act upon, the approval of Contract #W2019-84-A Modification No. 3 for Concrete
Maintenance & Repairs (Various Locations) with GT Construction increasing the estimated annual
expenditures, and authorizing the City Manager to sign any and all necessary documents.
REGULAR AGENDA
1. Hold the second and final Public Hearing and consider,and act upon,Ordinance No. 2023-09,continuing the
City's juvenile curfew ordinance and making findings related thereto; providing a savings/repealing clause
and an effective date.
2. Hold a Public Hearing, consider, and act upon, a change in zoning from Commercial Corridor (CC) to
Commercial Corridor - Special Use Permit (CC-SUP) on 0.917 acres located at 2505 FM 1378 (ZC 2022-
17).
3. Consider, and act upon, the award of Job Order Contract #W2023-40-I to Hill & Wilkinson Construction
Group,LTD for repairs and remodel upgrades at Wylie Fire Station No 1 in the estimated amount of$277,099
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through the use of an interlocal purchasing agreement with the Collin County Governmental Purchasing
Forum and Collin College; and authorizing the City Manager to sign any and all necessary documents.
WORK SESSION
WS 1. Discuss the additions to the City of Wylie, Code of Ordinances, Chapter 18 Animals,prohibiting the sale of
dogs and cats by retail pet stores and the sale of animals from public places.
RECONVENE INTO REGULAR SESSION
EXECUTIVE SESSION
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on its negotiating position.
ES1. Consider the sale or acquisition of properties located at Ballard/Brown, Brown/Eubanks, FM 544/Cooper,
FM 544/Sanden, Jackson/Oak, Regency/Steel, State Hwy 78/Alanis, State Hwy 78/Ballard, and State Hwy
78/Brown.
Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS;
CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
(1) to discuss or deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of
the governmental body and with which the governmental body is conducting economic development negotiations;
or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1).
ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business
prospect and to discuss the offer of incentives for Projects: 2013-9a, 2017-6a, 2021-2d, 2021-5a, 2021-6a,
2021-6c, 2021-8a, 2021-9a, 2021-9b, 2021-9f, 2021-11a, 2022-1b, 2022-4d, 2022-7b, 2022-7c, 2022-8b,
2022-9f, 2022-10d, 2022-11a, 2022-12a, 2023-1a, 2023-1b, and 2023-1c.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
ADJOURNMENT
CERTIFICATION
I certify that this Amended Notice of Meeting was posted on February 11,2023 at 11:00 a.m.on the outside bulletin
board at Wylie City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily
accessible to the public at all times.
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Stephanie Storm, 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 972.516.6020.Hearing
impaired devices are available from the City Secretary prior to each meeting.
If during the course of the meeting covered by this notice, the City Council should determine that a closed or
executive meeting or session of the City Council or a consultation with the attorney for the City should be held or
is required, then such closed or executive meeting or session or consultation with attorney as authorized by the
Texas Open Meetings Act,Texas Government Code§ 551.001 et. seq.,will be held by the City Council at the date,
hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting
or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes
permitted by the Act,including,but not limited to,the following sanctions and purposes:
Texas Government Code Section:
§ 551.071 —Private consultation with an attorney for the City.
§ 551.072—Discussing purchase, exchange, lease or value of real property.
§ 551.074—Discussing personnel or to hear complaints against personnel.
§ 551.087—Discussing certain economic development matters.
§ 551.073—Discussing prospective gift or donation to the City.
§ 551.076—Discussing deployment of security personnel or devices or security audit.
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02/14/2023 Item PR1.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Police Account Code:
Prepared By: Anthony Henderson
Subject
Recognition of Wylie Police Department Officers Andrew Abbott, Christopher McKiddy, and Xavier Mason for their heroic
actions.
Recommendation
I'resentation only, no action required.
Discussion
On December 18,2022 at approximately 7:42 pm,Wylie Police responded to the 2000 block of Water Fall Way in reference
to a resident have a mental health crisis. Officers learned that a 19-year-old male locked himself inside of the residence and
made threats to commit suicide by setting the house on fire. While speaking with a family member on scene,officers noticed
a flame in an upstairs bedroom. Officers kicked open the front door to the residence and went inside. Once inside, officers
observed the male actively soaking the stairs with lighter fluid.After refusing all commands to exit the room,officers quickly
made the decision to cross through the fire to save the young man. He was subsequently taken into protective custody and
transported to a regional hospital for a mental evaluation.Wylie Fire and Rescue assisted with putting out the fire.Mr.Richard
Finnell, with Verizon, would like to recognize Officer's Christopher McKiddy,Andrew Abbott, and Xavier Mason for their
courageous action on this call.Due to their quick and decisive decision, officers saved this young man's life and prevented a
home from being destroyed.
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02/14/2023 Item PR1.
Wylie Police Department
Public Information Office
eve :4
NEWS RELEASE
CITY Ft t; k
Heroic Officers Saves Man in Crisis
Wylie,TX, December 20, 2022—On December 18'at approximately 7:42 pm,Wylie Police
responded to the 2000 block of Water Fall Way in reference to a resident have a mental health
crisis. Upon officers' arrival, it was learned that a 19-year-old male locked himself inside of the
residence and made threats to commit suicide by setting the house on fire.
While speaking with the reporting party, officers noticed a flame in an upstairs bedroom. Knowing
that flame would spread,officers kicked open the door and went inside. Once inside, officers
observed the male actively soaking the stairs with lighter fluid.
After refusing all commands to exit the room, officers quickly made the decision to cross through
the fire to save the young man. He was subsequently taken into protective custody and transported
to a regional hospital for a mental evaluation.
Wylie Fire and Rescue assisted with putting out the fire.
We would like to commend Officer McKiddy, Officer Abbott and Officer Mason for their courageous
action on this call. Due to their quick and decisive decision, officers saved this young man's life and
prevented a home from being destroyed.
See Attached Video
While discussing
Media Contact:
Sergeant Donald English
Wylie Police Department
972-841-0104
donald.english@wylietexas.gov
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02/14/2023 Item A.
Wylie City Council
CITY OF
AGENDA REPORT
Department: City Secretary Account Code:
Prepared By: Stephanie Storm
Subject
Consider, and act upon, approval of the January 24, 2023 Regular City Council Meeting minutes.
Recommendation
Motion to approve the Item as presented.
Discussion
The minutes are attached for your consideration.
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02/14/2023 Item A.
Wylie City Council Regular Meeting Minutes
January 24, 2023 —6:00 PM
Council Chambers - 300 Country Club Road,Building#100,Wylie, Texas 75098 CITY :
CALL TO ORDER
Mayor Matthew Porter called the regular meeting to order at 6:01 p.m. The following City Council members were
present: Councilman David R. Duke, Councilman Dave Strang(6:10), Mayor pro tern Jeff Forrester, Councilman
Scott Williams, Councilman Timothy T. Wallis(6:08), and Councilman Garrett Mize.
City Manager Brent Parker;Deputy City Manager Renae 011ie;Police Chief Anthony Henderson;Finance Director
Melissa Brown; Fire Chief Brandon Blythe; Public Infoiniation Officer Craig Kelly; City Secretary Stephanie
Storm;Public Works Director Tommy Weir;Purchasing Manager Glenna Hayes; City Engineer Tim Porter;Wylie
Economic Development Executive Director Jason Greiner; and various support staff.
INVOCATION& PLEDGE OF ALLEGIANCE
Mayor pro tern Forrester led the invocation and Mayor Porter led the Pledge of Allegiance.
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must
fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an
individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter
presented during citizen participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion.
There will not be separate discussion of these items.If discussion is desired, that item will be removed from the Consent Agenda
and will be considered separately.
A. Consider, and act upon, approval of the January 10,2023 Regular City Council Meeting minutes.
B. Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for December
31,2022.
C. Consider, and place on file,the City of Wylie Monthly Investment Report for December 31,2022.
D. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of November 30,2022.
E. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of December 31,2022.
F. Consider, and act upon, approving the revised Financial Management Policies.
G. Consider, and act upon,the approval of the 2023 Procurement Manual.
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02/14/2023 Item A.
H. Consider, and act upon, Ordinance No. 2023-04 for a change in zoning from Commercial Corridor
(CC) to Commercial Corridor - Special Use Permit (CC-SUP) to allow for an auto sales use on 1.27
acres located at 2021 N. State Highway 78(ZC 2022-15).
I. Consider, and act upon, Ordinance No. 2023-05 for a change in zoning from Downtown Historic
District(DTH)to Downtown Historic District-Special Use Permit(DTH-SUP)to allow for a brewery,
food truck park, and events center within the Downtown Historic District,property located at 106 N.
Birmingham Street(ZC 2022-16).
J. Consider, and act upon, Ordinance No. 2023-06 for a change in zoning from Downtown Historic
District—Residential only to allow Commercial and/or Residential uses, located at 280 W. Brown St.
within the Downtown Historic District(ZC 2022-18).
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve the Consent Agenda
as presented. A vote was taken and the motion passed 5-0 with Councilmen Strang and Wallis absent.
REGULAR AGENDA
1. Hold a Public Hearing to discuss the need to continue, abolish or modify the City of Wylie Juvenile
Curfew Ordinance No.2020-22.
Staff Comments
Police Chief Henderson addressed Council stating in accordance with state law this ordinance must,before the third
anniversary of the date of adoption, be brought back before Council for two public hearings and to be reviewed.
Staff requested that this Ordinance continue. The curfew ordinance is for seven days a week, Sunday-Thursday
from 11 p.m. to 6 a.m., and Friday and Saturday from 12:01 a.m. to 6 a.m. for anyone 17 years old and younger.
Included in the ordinance are defenses to prosecution, where those questions will be asked and parents will be
contacted by officers before a citation is written.
Mayor Porter pointed out that within the last three years, Wylie officers have responded to seven calls regarding
curfew violations and issued 16 citations.
Council Comments
Mayor pro tern Forrester confirmed that the first contact is typically educational in nature and sends them home but
if it is a recurrent issue then action may be taken. Henderson replied that is correct,officers are seeking compliance
and educating them and their parents.
Councilman.Wallis took his seat at the dais at 6:08 p.m.
Public Hearing
Mayor Porter opened the public hearing on Item I at 6:09 p.m. asking anyone present wishing to address Council
to come forward.
There was no person present wishing to address the Council.
Mayor Porter closed the public hearing at 6:09 p.m.
Council Action
No action was required or taken on this item.
Mayor Porter announced that Council was going to skip to Item 3 and would come back to Item 2.
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02/14/2023 Item A.
2. Present, and place on file,the Wylie Economic Development Corporation 2022 Annual Report.
Staff Comments
Wylie Economic Executive Director Greiner addressed Council giving a 2022 Annual Report addressing total
available resources including a beginning Fund Balance of$2,951,908,total revenue of$20,481,730, sales tax of
$4,161,282, lease income of $139,485, gain/loss from sale of property of $70,386, and loan proceeds of
$16,216,000; total expenses of $13,034,616 including personnel of $388,468, administrative of $159,003,
marketing of$182,181, debt service of$5,379,321,land of$4,136,097,incentives of$399,122, environmental and
site work of $1,716,509, and ending cash balance $10,747,516; performance agreements totaling $399,122
including office,medical, and commercial of$163,073, industrial of$81,500, sales tax programs of$154,549, and
one-time final payments of$126,140;real estate own total land holdings of 48.2406 acres,improvements of 63,861
square feet, cost basis of$16,620,961, outstanding debt of$7,990,619, and properties acquired in FY 2022 were
802 W. Kirby, 401 N. Keefer, 104 S. Ballard, 305 S. Ballard, 200 W. Brown, and a lot formerly owned by Union
Pacific at Keefer/Brown; 2022 valuations consisting of the taxable assessed valuation of $6.2 billion, new
construction of$191 million,and overall gain/loss over five-years of$3.2 billion,commercial and industrial values
of $979 million, new construction of $7.3 million, and gain/loss over five-years of $278 million; high impact
initiatives including Woodbridge Crossing with $84 million on the tax rolls consisting of building, land, and
building personal property generates to the City $540,000 a year, up to $94 million in sales, and $1.88 million to
the City on an annual basis, Woodbridge Centre with$47 million on the tax rolls consisting of building, land, and
building personal property generates to the City $302,000 a year, nearly $31 million in sales, and $618,000 to the
City on an annual basis, and 544 Gateway Project, Hwy 78 and Brown Street, and Wylie Logistics Park will be
added to the tracking spreadsheets to track the same data over the next couple of years; and 2023 goals and
objectives including downtown revitalization, 544 Gateway, Alanis, and Regency Business Park properties,
Highway 78 developments, and expand/promote Business Retention and Expansion (BRE) and workforce
programs.
Council Comments
Council commended EDC staff and board members for all of the hard work they put forth, and for promoting the
BRE and workforce programs over the last three years.
Council Action
A motion was made by Councilman Williams, seconded by Mayor pro tern Forrester, to accept and place on file
Item 2 as presented. A vote was taken and the motion passed 7-0.
3. Consider, and act upon, acceptance of the Annual Comprehensive Financial Report (ACFR) for FY
2021-22 following a presentation by the audit firm Weaver,LLP.
Staff Comments
Councilman Strang took his seat at the dais at 6:10 p.m.
Finance Director Brown addressed Council stating the City Charter requires that at the end of the fiscal year, an
independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City
Charter, our outside auditor, Weaver LLP has performed an audit as of September 30, 2022. This is the third year
for the audit to be performed by Weaver after their selection to continue as the City's independent auditors following
a Request for Proposal (RFP)process completed in 2020. The 2022 audit is the 15th year in a row for Weaver to
perform our audit. Three RFP processes have been completed in those 15 years, audit partners have been rotated
and audit managers and staff have changed frequently. This year's audit was completed with a new manager and
all new staff. Beard reported the unassigned portion of the General Fund Fund Balance is a little over$30,000,000
which represents about 65 percent of the General Fund expenditures, where 25 percent is required and 30 percent
is the City's goal when budgeting. Something to consider going into this year's budget planning, if 30 percent of
that is reserved to not spend,that would leave around$16,000,000 for Council to spend on one-time Capital projects.
Mayor Porter confirmed that the projects that were budgeted for but haven't been completed yet would not be
included in those numbers and are already set aside. Beard confirmed that was correct and added there are also
$6,000,000 in ARPA funds that need to be assigned and will be discussed during the budget process.
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02/14/2023 Item A.
John DeBurro, representing Weaver, addressed Council giving a presentation on the introduction of Weaver, the
audit process, the audit results, required communications, financial highlights, and discussion. Weaver issued an
unmodified opinion on the Independent Auditor's Report on the financial statements, and no material weaknesses
were noted regarding the Independent Auditor's Report on Internal Control over Financial Reporting and on
Compliance and other matters based on an Audit of Financial Statements Performed in accordance with Government
Auditing Standards. DeBurro spoke on some financial highlights of the City including Governmental Funds
revenues for the FY 2022 totaled $65.9 million, a $2.5 million increase, attributed primarily to a $1.12 million
increase in sales taxes and a $1.09 million increase in ad valorem taxes; Governmental Funds expenditures for FY
2022 totaled$67.2 million,a$7.2 million increase,attributed to capital outlay expenditures increased$2.7 million,
public safety expenditures increased$2.5 million,and community service costs increased by$0.8 million;the City's
governmental funds reported a combined ending fund balance of$66.2 million at September 30, 2022 which was
an increase of$9.6 million,primarily due to a$7.7 million increase in the Capital Projects Fund,the result of$12.0
million general obligation refunding and improvement bonds issued, and $5.2 million of which will fund capital
projects resulting in the unassigned fund balance in the General Fund of$30.4 million representing 65.2 percent of
general fund expenditures;the General Fund budget versus the actual budget was overall favorable with a budgetary
variance of$8.9 million, with revenues over budget by$1.7 million, expenditures $4.3 million below budget, and
other Financing Uses(net)varied from budget by$2.8 million;and the Water and Sewer Fund net position increased
by$7.5 million over the prior year attributed to the operating revenues increased$3.0 million primarily due to rate
increases and increased consumption, operating expenses increased by $1.8 million primarily due to a $560,000
increase in waste water treatment costs,and transfers and contributions had a slight decrease of$200,000 primarily
due to a decrease in impact fees.
Mayor Porter thanked Weaver and the Finance Department for all of their work and professionalism.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, to accept Item 3 as presented.
A vote was taken and the motion passed 7-0.
4. Consider, and act upon, the acceptance of the resignation of Tim Gilchrist and the appointment of a
new board member to the City of Wylie Economic Development Corporation to fill the term of
January 2023 to June 30,2023.
Council Comments
Mayor pro tern Forrester, Chair of the Interview Panel Subcommittee, addressed Council stating these interviews
were held over six months ago and do have some applicants that were interviewed that are interested in serving on
the Wylie Economic Development Corporation Board (WEDC). These applicants are currently serving on other
Boards and Commissions,and one concern he has is the time commitment required for the WEDC.Forrester added
it would be in the best interest of the EDC to open up the application process temporarily for a month to ensure all
interested applicants can apply and come before the Council for an interview to ensure the right individual is chosen
for the remaining five-month term and who could reapply for the full three-year term. Councilman Williams stated
he agreed with Forrester about having the interviews to see who would be the best fit for the position.Mayor Porter
stated he agreed with opening up the application process as it is important that Council allow all interested
candidates to apply.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang,to accept the resignation of Tim
Gilchrist and to table the appointment of a new board member to the City of Wylie Economic Development
Corporation until the March 14, 2023 City Council meeting so that the application process can be opened and all
interviews are conducted by the Council in its entirety. A vote was taken and the motion passed 7-0.
EXECUTIVE SESSION
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02/14/2023 Item A.
Mayor Porter convened the Council into Executive session at 6:52 p.m.
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on its negotiating position.
ES1. Consider the sale or acquisition of properties located at Country Club/Brown and FM 544/Sanden.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Porter reconvened the Council into Open Session at 9:05 p.m.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Storm read the captions to Ordinance Nos. 2023-04,2023-05, and 2023-06 into the official record.
ADJOURNMENT
A motion was made by Councilman Strang, seconded by Mayor pro tem Forrester, to adjourn the meeting at 9:07
p.m. A vote was taken and the motion passed 7-0.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
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02/14/2023 Item B.
Wylie City Council
CITY OF
AGENDA REPORT
Department: City Secretary Account Code:
Prepared By: Stephanie Storm
Subject
Consider, and act upon, Resolution No. 2023-02(R) of the City Council of the City of Wylie, Collin, Dallas and Rockwall
counties,Texas,ordering a General Election to be held on May 6,2023,in the City of Wylie,Texas,for the purpose of electing
the positions of Mayor and two Council members (Place 5 and Place 6)of the Wylie City Council,to hold office for a period
of three years; designating locations of polling places; designating filing deadlines; and ordering Notices of Election to be
given as prescribed by law in connection with such election.
Recommendation
Motion to approve Item as presented.
Discussion
The offices of Mayor and two City Council members,Places 5 and 6,will expire in May 2023. By the proposed Resolution,
the City Council will order a General Election to be held on May 6, 2023. There will be one election for Mayor and two
Council seats,Place 5 and Place 6, for the Wylie City Council positions appearing on one ballot.
The Election shall be administered by the Collin County,Rockwall County,and Dallas County Elections Administrators.The
Collin County Elections Administrator shall administer the Election for the Collin County portion of Wylie, the Rockwall
County Elections Administrator shall administer the Election for the Rockwall County portion of Wylie, and the Dallas
County Elections Administrator shall administer the Election for the Dallas County portion of Wylie.
Wylie voters shall vote in the county in which they are registered.This Resolution stipulates the polling places where qualified
voters can cast ballots for the election. It also outlines the early voting by personal appearance locations and deadlines for
filing.
The 2023 Election Calendar is attached for your review.
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02/14/2023 Item B.
RESOLUTION NO. 2023-02(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,COLLIN,
DALLAS AND ROCKWALL COUNTIES, TEXAS, ORDERING A GENERAL
ELECTION TO BE HELD ON MAY 6, 2023, IN THE CITY OF WYLIE, TEXAS,
FOR THE PURPOSE OF ELECTING THE POSITIONS OF MAYOR AND TWO
COUNCIL MEMBERS (PLACE 5 AND PLACE 6) OF THE WYLIE CITY
COUNCIL, TO HOLD OFFICE FOR A PERIOD OF THREE YEARS;
DESIGNATING LOCATIONS OF POLLING PLACES; DESIGNATING FILING
DEADLINES; AND ORDERING NOTICES OF ELECTION TO BE GIVEN AS
PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS,THAT:
SECTION 1: An election is hereby ordered to be held on Saturday,May 6,2023, for the purpose
of electing persons to the offices of Mayor and Council Members for Places 5 and 6; and
SECTION 2: The election shall be administered by the election's administrators of Collin,Dallas
and Rockwall Counties. The election officers and maximum number of clerks for said polling place shall
be determined and appointed in accordance with the provisions of the contracts for election administration
services. The designated Election Day polling places are as follows:
The closest Election Day locations for Collin County voters are Collin College Wylie Campus
(Lobby),391 Country Club Road,Wylie,Texas 75098 and Wylie Senior Recreation Center(Dining
Room), 800 Thomas Street#100,Wylie,Texas 75098.
The closest Election Day locations for Dallas County voters are Chase Oaks Church-Woodbridge
Campus (Lobby), 2709 3rd Street, Sachse, Texas 75048; Sachse Senior Center (Multipurpose
Room), 3815 Sachse Road, Building A, Sachse, Texas 75048; and BG Hudson Middle School
(Practice Gym),4405 Hudson Drive, Sachse, Texas 75048.
The closest Election Day location for Rockwall County voters is the Rockwall County Library
(Community Room), 1215 E. Yellowjacket Lane,Rockwall, Texas 75087.
Collin, Dallas, and Rockwall County voters may vote at any of the additional election day voting
locations open under full contract services with the County Elections Administration for each
respective county.
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election.
SECTION 3: The election shall be administered by the election's administrators of Collin,Dallas
and Rockwall Counties. The election officers and maximum number of clerks for said polling place shall
be determined and appointed in accordance with the provisions of the contracts for election administration
services.The designated Early Voting polling places, dates, and hours,and information for applications for
ballot by mail are as follows:
Wylie early voting locations for Collin County voters are Collin College Wylie Campus (Lobby),
391 Country Club Road,Wylie,Texas 75098,and Wylie Senior Recreation Center(Dining Room),
800 Thomas Street#100, Wylie, Texas 75098. The main Early Voting location for Collin County
voters is Collin County Elections(Voting Room),2010 Redbud Blvd., Ste. 102,McKinney,Texas
Resolution No. 2023-02(R)Ordering May 6,2023 General Election Page 1 of 4
14
02/14/2023 Item B.
75069. For more information regarding the City early voting locations within Collin County,
please contact the Collin County Elections Department at (800) 687-8546 or
www.collincountytx.gov/elections.
The main Early Voting location for Dallas County voters is the Dallas County Elections
Training/Warehouse (Vote Center), 1460 Round Table Drive, Dallas, Texas 75247. For more
information regarding the City early voting locations within Dallas County, please contact the
Dallas County Elections Department at(469) 627-8683 or www.dallascountyvotes.org.
The main Early Voting location for Rockwall County voters is the Rockwall County Library
(Community Room), 1215 E. Yellowjacket Lane, Rockwall, Texas 75087. For more information
regarding the City early voting locations within Rockwall County, please contact the Rockwall
County Elections Department at(972) 204-6200 or www.rockwallvotes.com.
Collin,Dallas,and Rockwall County voters may vote at any of the additional early voting locations
open under full contract services with the County Elections Administration for each respective county.
Early voting for Collin County voters will begin on April 24, 2023 and continue through May 2,
2023 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on April 29,
2023 from 8:00 a.m. to 5:00 p.m.; and May 1, 2023 and May 2, 2022 from 7:00 a.m. to 7:00 p.m.
Early voting for Dallas County voters will begin on April 24, 2023 and continue through May 2,
2023 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on April 29,
2023 from 8:00 a.m. to 5:00 p.m.;April 30,2023 from 12:00 p.m. to 6:00 p.m.; and May 1, 2023 and May
2, 2022 from 7:00 a.m. to 7:00 p.m.
Early voting for Rockwall County voters will begin on April 24, 2023 and continue through May
2,2023 during the normal working hours of 8:00 a.m.to 5:00 p.m.with extended voting hours on April 29,
2023 from 10 a.m. to 3:00 p.m.; and, May 1, 2023 and May 2, 2023 from 7:00 a.m. to 7:00 p.m.
For Collin County voters, applications for ballot by mail shall be requested from and mailed to
Collin County Elections, Attn: Bruce Sherbet, 2010. Redbud Blvd., Suite #102, McKinney, Texas 75069,
faxed to 972-547-1996, or emailed to absenteemailballoting@collincountytx.gov(if faxed or emailed, the
original application must be mailed and received within four business days).
For Dallas County voters, applications for ballot by mail shall be requested from and mailed to
Dallas County Elections,Attn: Michael Scarpello, 1520 Round Table Drive,Dallas,Texas 75247,faxed to
214-819-6303,or emailed to evapplications@ dallascounty.org(if faxed or emailed,the original application
must be mailed and received within four business days).
For Rockwall County voters, applications for ballot by mail shall be requested from and mailed to
Rockwall County Elections, Attn: Christopher Lynch, 915 Whitmore Drive, Suite D, Rockwall, Texas
75087,faxed to 972-204-6209,or emailed to elections@,rockwallcountytexas.com(if faxed or emailed,the
original application must be mailed and received within four business days).
Applications for ballots by mail must be received no later than the close of business on April 25,
2023.
SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines
accordingly. Candidate Packets are available in the City Secretary's Office. The candidate filing periods
for the General Election for Mayor and Council seats,Place 5 and Place 6 are as follows:
Resolution No. 2023-02(R)Ordering May 6,2023 General Election Page 2 of 4
15
02/14/2023 Item B.
General Election Filing for Mayor and Council Seats Places 5 and 6
Beginning: January 18, 2023 at 8:00 a.m.
Ending: February 17, 2023 at 5:00 p.m.
Candidates must file:
• In person at the City Secretary's Office, 300 Country Club Road, Building 100, Wylie,
Texas 75098; or
• by mail to the City Secretary's Office, 300 Country Club Road, Building 100, Wylie,
Texas 75098 (an application submitted by mail is considered to be filed at the time of its
receipt by the appropriate filing authority); or
• by fax to 972-516-6026; or
• by email to stephanie.stormAwylietexas.gov
Please be advised that an application and petition must be signed and notarized prior to filing via
mail, fax, or email.
SECTION 5: For early voting in person,early voting by mail,election day voting and provisional
voting,the following voting equipment will be used in Collin County:ES&S ExpressVote Universal voting
machines (EVS 6.1.1.0), ES&S ExpressTouch curbside voting machines (EVS 6.1.1.0), ES&S DS200
ballot counters (EVS 6.1.1.0), ES&S Model DS450 and DS850 High-Speed Scanners/Tabulators (EVS
6.1.1.0), along with the required ancillary parts and services required for such voting tabulation system.
For early voting in person, early voting by mail, election day voting and provisional voting, the
following voting equipment will be used in Dallas County: ExpressVote Universal Voting System (EVS
6.0.2.0)consisting ofFiiniware 2.4.0.0;the ES&S DS200 Digital Precinct Scanner(EVS 6.0.2.0)consisting
of Firmware 2.17.0.0; and ES&S Model DS850 High-Speed Scanner/Tabulator, Version 1 (EVS 6.0.2.0),
along with the required ancillary parts and services required for this voting tabulation system.
For early voting in person, early voting by mail, election day voting and provisional voting, the
following voting equipment will be used in Rockwall County: ES&S ExpressVote Universal voting
machines (EVS 6.0.2.0), ES&S DS200 ballot counters (EVS 6.0.2.0), ES&S Model DS450 High-Speed
Scanner/Tabulator (EVS 6.0.2.0), along with the required ancillary parts and services required for such
voting tabulation system.
SECTION 6: The City Secretary is hereby authorized and directed to publish and/or post,in the
time and manner prescribed by law,all notices required to be so published and/or posted in connection with
the conduct of this election. The election,including providing notice of the election, shall be conducted in
accordance with the Texas Election Code and other applicable law,and all resident qualified and registered
voters of the City shall be eligible to vote at the election.
SECTION 7: The Mayor and the City Secretary of the City, in consultation with the City
Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the
election, whether or not expressly authorized herein.
Resolution No. 2023-02(R)Ordering May 6,2023 General Election Page 3 of 4
16
02/14/2023 Item B.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Collin,Dallas, and
Rockwall Counties, Texas,on this the 14th day of February,2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
Resolution No. 2023-02(R)Ordering May 6,2023 General Election Page 4 of 4
17
02/14/2023 Item B.
Election Advisory No. 2022-37
May 6,2023 Election Law Calendar
The uniform election date in May of an odd-numbered year is a date on which many local political subdivisions,such as cities,school districts,and water districts,have their regular general elections for
members of their governing bodies or special elections to fill vacancies.Therefore,this calendar is required to meet the needs of many different governmental bodies.If there are questions about the
applicability of something in this calendar to your specific election,do not hesitate to call the Elections Division of the Office of the Texas Secretary of State at 1-800-252-VOTE(8683).
Notes
1.Campaign Information
2.Statutory and Administrative Code References
3.Web Rosting,Requirements
4.May Uniform Date(Odel-Numbered Years)
5.Required l)se of County Pollinglace,s
6.Notice of Candidate Filing Periods
7.Joint Election Requirement for School Districts
8.loin_t_Electionenerally,
9.Notice of Elections
10._Regular Qays and Hours for Voting
11,Extended Early Voting Hours and Branch Locations
12.Temporary Branch Locations
13.Notice of Previous Polling,Place
14.Notice of Change of Polling_Place Location
15.Testing Tabulating and Electronic Voting,Equipment
16.Accepting Voters with Certain Disabilities
17.Law Regarding Faxed or Emailed ABBMs and Faxed FPCAs
18.Opportunity to Correct Defects in Mail Ballots
19.Reconciliation Forms
NOTE REGARDING CERTAIN STATUTES AND GOVERNMENTAL ACTIONS THAT RELATE TO THE FEDERAL CENSUS:Pursuant to HB 2025(2021),the population figures from the 2010 federal
census will continue to apply with respect to a statute that applies to a political subdivision having a certain population according to the most recent federal census until September 1,2023.The bill specifies
that a statute does not apply to a political subdivision to which the statute did not apply under the 2010 federal census,regardless of whether the political subdivision has the population prescribed by the
statute according to the 2020 federal census.
1. Note on Campaign Information
Under Title 15 of the Texas Election Code,candidates running for an office must fi le campaign contribution and expenditure reports.For further information and all questions about such disclosure filings,
campaign finance,and political advertising,please contact the Texas Ethics Commission at 201 E.14th Street,10th Floor,Austin,Texas 78701;call 512-463-5800;or access their website.
2. Note on Statutory and Administrative Code References
Unless otherwise indicated,all references are to the Texas Election Code.The county election officer is either the county clerk,the county elections administrator,or the county tax assessor-collector,
depending on the actions of the county commissioners court.(Secs.31.031,31.071,31.091).The county voter registrar is either the county clerk,the county elections administrator,or the county tax
assessor-collector,depending on the actions of the county commissioners court.(Secs.12.001,12.031,31.031,31.071).
Any references to the Texas Administrative Code are cited to the relevant section of the"T.A.C."
3. Note on Web Posting Requirements
Please see our Web Posting Advisory,Tex.Sec'y of State Election Advisory No.2019-19,for more details on web posting requirements;however,the requirements are summarized below.
As of January 1,2020,each county shall maintain a website.(Sec.26.16(a),Tax Code).
A political subdivision with the authority to impose a tax that maintained a publicly accessible website at any time on or after January 1,2019,and that is not subject to Section 2051.202 of the Government
Code must post the following items on the entity's Internet website(Secs.2051.201,2051.202,Government Code).See Internet Posting Requirements for Political Subdivisions(PDF):
1.The political subdivision's contact information,including a mailing address,telephone number,and e-mail address;
2.Each elected officer of the political subdivision;
3.The date and location of the next election for officers of the political subdivision;
4.The requirements and deadline for filing for candidacy of each elected office of the political subdivision,which shall be continuously posted for at least one year before the election day for the
office;
5.Each notice of a meeting of the political subdivision's governing body under Subchapter C,Chapter 551 of the Government Code;and
6.Each record of a meeting of the political subdivision's governing body under Section 551.021 of the Government Code.(Sec.2051.201,Government Code).
Our office recommends consulting with your political subdivision's local counsel regarding the particular posting requirements under Subdivisions(5)and(6)referenced above.Please note,the requirements
for posting notice of meetings and record of meetings of the political subdivision's governing body do not apply to:
1.A county with a population of less than 10,000;
2.A municipality with a population of less than 5,000 located in a county with a population of less than 25,000;or
3.A school district with a population of less than 5,000 in the district's boundaries and located in a county with a population of less than 25,000.
NOTE-NEW LAW:HB 1154(2021,R.S.)amended the Government Code to include Section 2051.202,effective September 1,2021.Section 2051.202 of the Government Code requires a special purpose
district with certain financial and population characteristics to post specific information on an Internet website."Special purpose district"excludes from the term a municipality,county,junior college district,
independent school district,groundwater conservation district,river authority,or political subdivision with statewide jurisdiction.(Sec.2051.202,Government Code).
During the 21 days before the election,a debt obligation order under Section 3.009 must be posted on the political subdivision's Internet website,prominently and together with the notice of the election,a
copy of the sample ballot,and the contents of the proposition,if the political subdivision maintains an Internet website.(Sec.4.003(f)).
18
NOTE-NEW LAW:SB 1116(2021,R.S.)amended Chapter 4 of the Election Code by adding Section 4.009 regarding candidate and polling place information which must be posted
district websites.Specifically,not later than the 21st day before election day,a county that holds an election or provides election services for an election must post certain informal
elections.A city or independent school district that holds an election and maintains an Internet website must also post this same election information on their website even if the co 02/14/2023 Item B.
• The date of the election;
• The location of each polling place;
• Each candidate for an elected office on the ballot;and
• Each measure on the ballot.(Sec.4.009)
NOTE-NEW LAW:SB 1116(2021,R.S.)amended Chapter 65 of the Election Code by adding Section 65.016 of the Code regarding election results information which must be posted on county,city,and
school district websites.Specifically,a county that holds an election or provides election services for an election for a public entity must post certain information on their website.A city or independent school
district that holds an electionand maintains an Internet website must also post certain information on their website related to election results,even if the county is also posting such information.Information
should be posted as soon as practicable after the election and must be accessible without having to make more than two selections or view more than two network locations after accessing the home page
of the county,city or school district,whichever is applicable.Required information on the websites must include:
• the results of each election;
• the total number of votes cast;
• the total number of votes cast for each candidate or for or against each measure;
• the total number of votes cast by personal appearance on election day;
• the total number of votes cast by personal appearance or mail during the early voting period;and
• the total number of counted and uncounted provisional ballots cast.(Sec.65.016).
We recommend that election results information remain posted on the entity's main page(or within two clicks of the main page)at least until the next election,and that the information continues to be available
for the full 22-month retention period for election records.Entities may choose to make older election results information available on their website.
4.Note on May Uniform Date(Odd-Numbered Years)
With few exceptions,counties are not authorized to hold an election ordered by county authority on the May uniform election date in an even-numbered year.A county elections administrator may refuse to
provide election services by contract for an election that is held on the May uniform election date in an even-numbered year.(Sec.41.001(d)).Thus,for May 6,2023(odd-numbered year)we return to the
general rules:counties are authorized to hold an election ordered by county authority in May 2023;and a county elections administrator may not refuse to provide election services by contract in May 2023.
5.Note on Required Use of County Polling Places
Political Subdivisions other than Counties:Political subdivisions are not required to use county election precincts and polling places for elections held on the May uniform date.The governing body of a
political subdivision other than a county shall establish the election precincts for elections ordered by an authority of the political subdivision and follow the requirements of Secs.42.061 and 42.0615.
6.Note on Notice of Candidate Filing Periods
The authority with whom an application for a place on the ballot is filed must post a Notice of Deadline to File Applications for Place on the Ballot_(PDF),listing the filing period dates in a building in which the
authority maintains an office.The notice must be posted not later than the 30th day before the first day to file.(Sec.141.040).If you order a special election to fill a vacancy,the order must include the filing
deadline;we recommend posting the notice of the filing period as soon as practicable after a special election is ordered.Note that an application for a place on the ballot for a special election may not be filed
before the election is ordered.
NOTE-NEW LAW:HB 3107(2021,R.S.)requires the authority with whom an application for a place on the ballot is filed to designate an e-mail address in the notice required by Section 141.040 of the Code
for the purpose of filing an application for a place on the ballot.(Sec.141.040).
Most elective offices require that a candidate be a registered voter of the territory that the office is elected from as of the filing deadline or as of other statutory deadlines.(Sec.141.001).For more information
on the candidate voter registration requirement,see Voter Regj3tration_Requirements for Candidates_.
7.Note on Joint Election Requirement for School Districts
School districts conducting trustee elections must have joint polling places on election day with either:
1.a city holding an election on the uniform election day(located wholly or partly within the school district's boundaries);
2.a public junior college district if it is having an election for members of its governing board in which the school district is wholly or partly located;
3.in limited circumstances,a hospital district;or
4.the county on the November uniform election day in even-numbered years.
For purposes of this calendar,we will continue to use separate subheads for cities and school districts when their rules are different.However,many entities will be working out joint election agreements.(Sec.
11.0581,Texas Education Code;Sec.271.002).
NOTE—At minimum,a school district needs to share polling places with a city or public junior college district conducting an election on the uniform election day.Sharing polling places is sufficient to meet the
joint election requirement.
8.Note on Joint Elections Generally
Many entities will have joint elections for the May 6,2023 election.Note that the entries in this calendar are generally written in terms of elections held individually rather than jointly.For example,counties with
populations of 55,000 or more are advised about conducting 12-hour days on each weekday during the last week of early voting.However,we have long advised different entities who conduct early voting
together to coordinate their early voting hours,which may result in entities other than those counties also holding early voting for 12-hour days on each weekday during the last week of early voting.On the
other hand,depending on the plan,different entities may choose to do different things separately,i.e.,not holding early voting together.Not all joint election plans are alike.With a few exceptions,we do not
discuss the impact of coordinating rules for a joint election,as we think this would make the calendar longer and confusing.We encourage joint election partners to read through the entire calendar,taking note
of the rules affecting the partner entities and to address the differences within the agreement itself.If you have questions about how different rules apply to a particular joint election plan,please contact our
office by phone or email.
9.Note on Notice of Elections
Political subdivisions other than cities and school districts may have specific statutory notice requirements.In the absence of specific statutory requirements,such political subdivisions must post a notice on or
before the 21st day before the election.(Sec.4.003(b)).For the Saturday,May 6,2023 election,this notice must be posted on or before Saturday,April 15,2023.(Secs.1.006,4.003(b)).The general rule is
that,additionally,notice must be given using one of the following methods:
1.By posting a notice in each election precinct in which the election is to be held on or before the 21st day before the election,Saturday,April 15,2023.(Sec.4.003(a)(2)).
2.By publishing the notice at least once between the 30th day and the 10th day before the election,Thursday,April 6,2023—Wednesday,April 26,2023.(Sec.4.003(a)(1)).
3.By mailing a copy of the notice to each registered voter of the territory covered by the election,not later than the 10th day before election day,Wednesday,April 26,2023.(Sec.4.003(a)(3)).
19
Cities and School Districts:Cities and school districts are required to publish their notice in a newspaper in accordance with Section 4.003(a)(1)(See number 2 above)and may -• --
notice.(Sec.4.003(c)).Counties,school districts,and cities must also publish notice on the governmental bulletin board used for posting notice of public meetings,no later than A,
02/14/2023 Item B.
Note for Counties:Notice of an election ordered by the governor or by a county authority must be published in a newspaper;the county may also give any additional notice.(Sec .,.•i - , .1, .
NOTE-NEW LAW:HB 3107(2021,R.S.)provides that in addition to any other notice given,notice of an election ordered by the governor,by a county authority,or by an authority of a city or school district
must be given by the method prescribed by Section 4.003(a)(1)of the Code.(Sec.4.003(c)).
This notice must include:
1.The type and date of the election;
2.The location of the main early voting polling place,including the street address,room number,and building name.The notice must designate which location is the main early voting polling
place;
3.The location of each polling place,including the street address,room number,and building name;
4.The hours the polls will be open;
5.The regular dates and hours for early voting by personal appearance;
6.The dates and hours of any Saturday or Sunday early voting;
7.The early voting clerk's official mailing address or street address at which the clerk may receive delivery by common or contract carrier,if different,phone number,e-mail address,and the Internet
website,if the early voting clerk has an Internet website;
8.We recommend that the information regarding branch early voting locations be included as part of your notice;and
9.Any other information required by law.
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 4.004 of the Code to require the notice of election to include the Internet website of the authority conducting the election.(Sec.4.004(a)).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 83.010 of the Code to require an election order and the election notice to state the early voting clerk's official mailing address or street address at
which the clerk may receive delivery by common or contract carrier,if different,phone number,e-mail address,and the Internet website,if the early voting clerk has an Internet website.(Sec.83.010).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 85.004 of the Code to provide that an election order and election notice must designate which location is the main early voting polling place.(Sec.
85.004).
NOTE—ANY notice of polling locations must include more detailed information regarding the polling locations including:the polling location's street address,any applicable suite or room number,and any
applicable building name.(Sec.1.021).
Note regarding branch early voting locations:The branch early voting locations are no longer a required part of your notice under the Texas Election Code.(Sec.4.004).
The following forms may be used:
• Notice of Genera!Election for Cities(PDF)
• Notice of General Election for Other Political Subdivisions(Including Schoolss)_(PDF)
• Notice of Special Election for Counties(PDF)
• Notice of Special Election(Cities,Schools,and Other Political Subdivisions(PDF)
All Political Subdivisions:The election notice shall be posted on the political subdivision's website,if the political subdivision maintains a website.For political subdivisions other than counties,the original
order and notice should include all days and hours for early voting by personal appearance,including voting on ANY Saturday or Sunday.(Secs.85.006,85.007).
Note for Counties:The election notice must be subsequently amended to include voting ordered for ANY Saturday or Sunday and must be posted on the political subdivision's website,if maintained.For
more information on notice requirements related to early voting in person,see Tex.Seely of State Election Advisory No.2022-07.
Notice for Bond Elections:Entities holding bond elections must provide additional notice per Section 4.003(f).A debt obligation order under Section 3.009 must be posted:
1.On election day and during early voting by personal appearance,in a prominent location at each polling place;
2.Not later than the 21st day before the election,in three public places in the boundaries of the political subdivision holding the election;and
3.During the 21 days before the election,on the political subdivision's Internet website,prominently and together with the notice of the election,a copy of the sample ballot,and the contents of the
proposition,if the political subdivision maintains an Internet website.
The same requirements apply to the voter information document required by Government Code Section 1251.052(b)(see law for full contents of notice).The requirement referenced in Section 1251.052(b)of the
Government Code applies to a political subdivision with at least 250 registered voters on the date the governing body of the political subdivision adopts the debt obligation election order.
Home-Rule Charter Cities:Home-rule cities MUST also give notice as provided in their charters.
Notice for Political Subdivisions other than Counties,School Districts,and Cities:Political subdivisions other than counties,school districts,and cities may have specific statutory election notice
requirements either in their enabling acts or in the code governing them(such as the Water Code).In the absence of specific statutory requirements,such political subdivisions may post a copy of the notice
on or before the 21st day before the election(i.e.,Saturday,April 15,2023)on the bulletin board used for posting notices of the meetings of the governing body of the political subdivision.(Sec.4.003(b)).
Note for All Political Subdivisions,Except Counties:The governing body of a political subdivision must deliver notice of the election to the county election officer and voter registrar of each county in which
the political subdivision is located not later than the 60th day before election day,Tuesday,March 7,2023.(Sec.4.008).
Note for Counties:Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section 4.008.
This is regardless of whether the county is contracting with the entity.See Note for All Political Subdivisions above.
Notice of Nearest Polling Places in Countywide Election:EACH countywide polling place must post a notice,at that location,of the four nearest locations,by driving distance.(Sec.43.007(o)).Notice of
Four Nearest Countywide Polling Place Locations(PDF)
10. Note on Regular Days and Hours for Voting
NEW LAW:SB 1(2021,2nd C.S.)amended Section 85.005 to modify the required days and hours for early voting by personal appearance at the main early voting location.
Counties:For elections in which the county is serving as the early voting clerk,early voting must be conducted at the main early voting location on each weekday that is not a legal state holiday for a period of
at least nine(9)hours.Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM.
Political Subdivisions Other Than Counties:For all other elections in which the county is NOT the early voting clerk,early voting must be conducted at the main early voting location on each weekday that
is not a legal state holiday for a period of at least nine(9)hoursunless the territory has fewer than 1,000 registered votes.For territories with less than 1,000 registered voters,voting shall be conducted for at
least four(4)hours each day.(Sec.85.005(b)).
NOTE for Cities:SB 1(2021,2nd C.S.)amended Section 85.005(d)to remove the provision that required cities to choose two weekdays for the main early voting polling place location to be open for at least
12 hours during the regular early voting period.(Sec.85.005).
20
11,Note on Extended Early Voting Hours and Branch Locations
02/14/2023 Item B.
Note for Counties:The county election officer may order early voting on a Saturday or Sunday,and determine the hours for such Saturday or Sunday early voting.This must be cone ny written oraer(rut-).
(Secs.85.006(b),85.006(c)).Natice_(PDF)of Saturday or Sunday early voting must be posted for at least 72 hours immediately preceding the first hour that voting will be conducted.(Sec.85.007(c)).The
county election officer must have early voting on Saturday or Sunday,if a written request(PDF)is received from at least 15 registered voters of the county in time to comply with the posting requirement.
(Secs.85.006(d),85.007).
Note:The election notice must be subsequently amended to include voting later ordered for ANY Saturday or Sunday and must be posted on the political subdivision's website,if maintained.(Sec.85.007).
All Political Subdivisions,Except Counties:Voting on ANY Saturday or Sunday must be included in the order and notice of election.The order and notice must include the dates and hours of Saturday or
Sunday voting.(Secs.85.006,85.007).The political subdivision must have early voting on Saturday or Sunday,if a written request is received from at least 15 registered voters of the political subdivision prior
to the election being ordered.(Sec.85.006(d)).The election notice must be posted on the political subdivision's website,if the political subdivision maintains a website.(Sec.85.007).
NOTE for Cities—NEW LAW:SB 1(2021,2nd C.S.)provides that in an election in which a city secretary is the early voting clerk,voting on any Saturday or Sunday must be included in the order and notice
of election.City secretaries no longer have the authority to order Saturday or Sunday early voting 72 hours immediately preceding the first hour that voting will be conducted.However,the city must have early
voting on Saturday or Sunday,if a written_requeat is received from at least 15 registered voters of the political subdivision prior to the election being ordered.(Secs.85.006,85.007).
12. Note on Temporary Branch Locations
Effective September 1,2021,the rules for temporary branch locations are different for counties with a population of 100,000 or more.
Note for Counties with a Population of 100,000 or More a nd Political Subdivisions Situated in Such a County:Early voting at any temporary branch polling place MUST be conducted on the same
days that voting is required to be conducted at the main early voting polling place under Section 85.005 of the Code and MUST remain open for at least eight hours each day.For certain political subdivisions,
this will require your temporary branch locations to be open on every weekday of the early voting period,for at least eight hours on each of those days.This only applies to an election in which the
territory served by the early voting clerk is situated in a county with a population of 100,000 or more.In an election in which the territory served by the early voting clerk is situated in more than
one county,thissection appliesif the sum of the populationsof the countiesis100,000 or more.(Secs.85.005 and 85.064).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 85.068 of the Code to provide that if the early voting clerk is a county election officer or city secretary,the clerk must post notice(PDF)for each
election stating any dates and the hours that voting on Saturday or Sunday will be conducted under Sections 85.064(d)or 85.065(b).(Sec.85.068).
NOTE for political subdivisions other than city or county—If the city or county election officer does not serve as the early voting clerk for the territory holding the election and the territory has fewer than
1,000 registered voters,the temporary branch polling place(s)must be open for at least three hours each day that voting is required to be conducted at the main early voting polling place under Section 85.005
of the Code.This applies if the territory served by the early voting clerk is in a county with a population of 100,000 or more.In an election in which
the territory served by the early voting clerk is situated in more than one county,this also applies if the sum of the populations of the counties is 100,000 or more.(Secs.85.005 and 85.064).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 85.064 of the Code to provide that the section only applies to an election in which the territory served by the early voting clerk is situated in a
county with a population of 100,000 or more.In an election in which the territory served by the clerk is situated in more than one county,this section applies if the sum of the populations of the counties is
100,000 or more.(Sec.85.064).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 85.068 of the Code to provide that if the early voting clerk is a county election officer or city secretary,the clerk must post notice_(PDF)for each
election stating any dates and the hours that voting on Saturday or Sunday will be conducted under Sections 85.064(d)or 85.065(b).(Sec.85.068).
Note for Counties with a Population of Less than 100,000 and Political Subdivisions Situated in Such a County:Early voting at any temporary branch polling place may be conducted on any days and
during any hours of the period for early voting by personal appearance,as determined by the authority establishing the branch.However,voting at a temporary branch polling place must be conducted on at
least two consecutive business days and for at least eight consecutive hours on each of those days.The authority authorized under Section 85.006 of the Code to order early voting on a Saturday or Sunday
may also order,in the manner prescribed by that section,early voting to be conducted on a Saturday or Sunday at any one or more of the temporary branch polling places.The schedules for conducting voting
are not required to be uniform among the temporary branch polling places.This applies only to an election in which the territory served by the early voting clerk is situated in a county with a
population under 100,000.In an election in which the territory served by the early voting clerk is situated in more than one county,this applies if the sum of the populations of the counties is
under 100,000.(Sec.85.065).
NOTE-NEW LAW:HE 3107(2021,R.S.)added Section 85.065 of the Code to modify the requirements regarding the days and hours for early voting by personal appearance at any temporary branch polling
place if the territory served by the early voting clerk is situated in a county with a population under 100,000 or if the territory served by the early voting clerk is situated in more than one county and the sum of
the populations of the counties is under 100,000.(Sec.85.065).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 85.068 of the Code to provide that if the early voting clerk is a county election officer or city secretary,the clerk must post notice_(PDF)for each
election stating any dates and the hours that voting on Saturday or Sunday will be conducted under Sections 85.064(d)or 85.065(b).(Sec.85.068).
NOTE for Cities—NEW LAW:SB 1(2021,2nd C.S.)provides that in an election in which a city secretary is the early voting clerk,voting on any Saturday or Sunday must be included in the order and notice
of election.City secretaries no longer have the authority to order Saturday or Sunday early voting 72 hours immediately preceding the first hour that voting will be conducted.However,the city must have early
voting on Saturday or Sunday,if a written request(PDF)is received from at least 15 registered voters of the political subdivision prior to the election being ordered.(Secs.85.006,85.007).
NOTE for Cities:If a city is contracting for election services with a county or is holding a joint election with the county,the city must amend their order and notice of election to include any weekend early
voting that the county is conducting.
13. Note on Notice of Previous Polling Place
If a different polling place is being used from the previous election held by the same authority,a Notice of Change to Polling Place(PDF)must be posted at the entrance of the previous polling place informing
voters of the current polling place location,if possible.(Sec.43.062).
14. Note on Notice of Change of Polling Place Location
For elections ordered by the county judge only,if the location of the polling place changes after notice has been given under Section 4.003 of the Texas Election Code,and the county election officer
maintains a website to inform voters about elections,the notice of the change must be posted on the website.The notice on the website must be posted not later than the earlier of(1)24 hours after the
location was changed;or(2)72 hours before the polls open on election day.(Sec.43.061).If the county election officer is conducting a legislative vacancy election,the candidates listed on the ballot are
entitled to receive notice directly from the county judge.As a reminder,notice should also be provided to the Secretary of State regarding any changes made to the location of polling places.Notice
of Change to Polling Place(PDF).
15. Note on Testing Tabulating and Electronic Voting Equipment
Ballot Testing:
Once all candidate filing deadlines have passed,we recommend that you proof and test your ballot programming as soon as possible.Early testing will allow adequate time to locate any errors and make any
necessary corrections in ballot programming.We also strongly suggest that you have candidates proof their names a nd offices before finalizing the ballot to avoid the necessity for last min -
ballot corrections.
21
Logic and Accuracy Test:
We recommend establishing a date to perform the test of your electronic voting equipment(L&A,or Logic and Accuracy Test)as soon as possible.We recommend that this test br^^rt^rrn'd th.t
allows time to correct programming and retest,if necessary.A notice of this test must be published by the custodian of the electronic voting equipment at least 48 hours before the
129.023;Tex.Sec'y of State Election Advisory No.2019-23).The L&A test must be conducted not later than 48 hours before voting begins on a voting system.(Sec.129.023). 02/14/2023 Item B.
NOTE-NEW LAW:SB 1(2021,2nd C.S.)provides that if logic and accuracy testing is being conducted for an election in which a county election board has been established under Section 51.002 of the Texas
Election Code,the general custodian of election records shall notify each member of the board of the test at least 48 hours before the date of the test.If the county election board chooses to witness the test,
each member shall sign the statement required for logic and accuracy testing.(Sec.129.023(b-2)).
NOTE-NEW LAW:SB 1(2021,2nd C.S.)requires the general custodian of election records to demonstrate,using a representative sample of voting system equipment,that the source code of the equipment
has not been altered.(Sec.129.023(c-1)).See TexSec'y_of State Election AdvisoryNo.2019_23 for more information on voting system procedures.
Testing Tabulating Equipment:
The automatic tabulating equipment used for counting ballots at a central counting station must be tested three times for each election.(Ch.127,Subch.D).We recommend you test the equipment as soon as
possible;early testing will allow adequate time to locate any errors and make any necessary corrections in programming.However,the first test must be conducted at least 48 hours before the automatic
tabulating equipment is used to count ballots voted in the election.The second test shall be conducted immediately before the counting of ballots with the equipment begins.The third test must be conducted
immediately after the counting of ballots with the equipment is completed.Please note that the custodian of the automatic tabulating equipment must publish notice of the date,hour,and place of the first test
in a newspaper at least 48 hours before the date of the test.(Sec.127.096).The electronic files created from the L&A testing are what must be used for testing the tabulating equipment.(Tex_Sec'yof_State
Election Advi soryN o,20199-23).
Precinct tabulators must also be tested in accordance with the procedures set forth in Chapter 127,Subchapter D of the Texas Election Code to the extent those procedures can be made applicable.(Sec.
127.152;Tex.Sec'y of State Election Advisory No.2019-23).
Our recommendation is that both L&A testing and testing of the automatic tabulating equipment take place prior to ballots by mail being sent out.However,should there be a reason to delay testing,please be
advised that L&A testing must be conducted at least 48 hours before voting begins on a voting system.This means that L&A testing should be completed before early voting and possibly,before election day,if
your election day system is different than your early voting system.Additionally,the automatic tabulating equipment may not be used to count ballots voted in the election until a test is successful.(See
Chapters 127 and 129,Election Code).
For more information on testing tabulating equipment used at the central counting station,please see Chapter 127,Subchapter D of the Election Code and Tex.Secfy of State Election Advisory No.2019.23.
See Chapter 129,Subchapter B of the Election Code and Tex.Seey of State Election Advisory No.2019-23 for other types of testing such as functionality tests,logic and accuracy tests,tests for
central accumulators,etc.Please see Tex Sec'y of State Election Advisory No.2019-23 for additional information regarding voting system equipment access,security and preservation,and chain of
custody.
16. Note on Accepting Voters with Certain Disabilities
An election officer may accept a person with a mobility problem that substantially impairs a person's ability to ambulate who is offering to vote before accepting others offering to vote at the polling place who
arrived before the person."Mobility problem that substantially impairs a person's ability to ambulate"has the meaning assigned by Section 681.001,Transportation Code.A person assisting an individual with
a mobility problem may also,at the individual's request,be given voting order priority.Notice Qt Sre priority given to persons with a mobility problem that substantially impairs a person's ability to
ambulate shall be posted:
1.at one or more locations in each polling place where it can be read by persons waiting to vote;
2.on the website of the Secretary of State;and
3.on each website relating to elections maintained by a county.(Sec.63.0015).
NOTE-NEW LAW:SB 1(2021,2nd C.S.)provides that a qualified individual with a disability may request a reasonable accommodation or modification to any election standard,practice,or procedure
mandated by law or rule that the individual is entitled to request under federal or state law.(Sec.1.022).
The voting order priority notice required under Section 63.0015 must read as follows:
"Pursuant to Section 63.0015,Election Code,an election officer may give voting order priority to individuals with a mobility problem that substantially impairs the person's ability to move around.A person
assisting an individual with a mobility problem may also,at the individual's request,be given voting order priority.Disabilities and conditions that may qualify you for voting order priority include paralysis,lung
disease,the use of portable oxygen,cardiac deficiency,severe limitation in the ability to walk due to arthritic,neurological,or orthopedic condition,wheelchair confinement,arthritis,foot disorder,the inability to
walk 200 feet without stopping to rest,or use of a brace,cane,crutch,or other assistive device."
The recommended time to include the voting order priority notice on a county website is when the Notice of Election is also posted on the website.(Sec.85.007(d)).See Note 9 regarding Notice of Elections.
Cities,Schools,and Other Political Subdivisions:It is strongly recommended that the notice regarding accepting voters with certain disabilities also be posted on the subdivision's website,if one is
maintained by the political subdivision.
If a voter is physically unable to enter the polling place without assistance or likelihood of injury to his or her health,an election officer shall deliver a ballot or voting machine to the voter at the entrance or curb
of the polling place on the voter's request.On the voter's request,a person accompanying the voter to the polling place must be permitted to select the voter's ballot and to deposit the ballot in the ballot box
after the voter has voted.(Sec.64.009).
NOTE—NEW LAW:SB 1(2021,2nd C.S.)provides that a person who simultaneously assists seven or more curbside voters by providing the voters transportation to the polling place must complete and sign
a form,provided by an election officer,that contains the person's name and address and whether the person is providing assistance solely under Section 64.009 or if the person is providing additional
assistance to the voter under Chapter 64,Subchapter B.Completed forms shall be delivered to the SOS as soon as practicable.The SOS shall retain a form delivered under Section 64.009 for the period for
preserving the precinct election records and shall make the form available to the attorney general for inspection upon request.This provision does not apply if the person assisting is related to each voter
within the second degree by affinity(marriage)or the third degree by consanguinity(blood).
17. Note on Law Regarding Faxed or Emailed ABBMs and Faxed FPCAs
If an ABBM is faxed or emailed or if an FPCA is faxed,then the applicant must submit the ORIGINAL application BY MAIL to the early voting clerk so that the early voting clerk receives the original no later
than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA.If the early voting clerk does not receive the original ABBM or FPCA by that deadline,then the emailed or faxed
ABBM or faxed FPCA will be considered incomplete,and the early voting clerk may NOT send the applicant a ballot.The early voting clerk should retain a copy of the FPCA for their own records,but should
send the FPCA submitted by the voter to the Voter Registrar for registration purposes.(Sec.84.007).
If a voter faxes or emails the ABBM or faxes the FPCA,the date the early voting clerk receives the fax or email is considered the date of submission.Essentially,the faxed or emailed form serves as a place-
holder for the voter.Therefore,a voter whose application was faxed or emailed by the 11th day before election day(the deadline),and whose original application is received on or before the 4th business day
after that date,would still be entitled to receive a ballot for the election(if otherwise eligible).The early voting clerk will have to hold the faxed or emailed ABBM or faxed FPCA until the clerk receives the
original,and would only send the voter a ballot if the original is received by the 4th business day after the faxed or emailed ABBM or faxed FPCA was received.See Tex,sect'of State Election Advisory No..
2018-02.
The requirement to mail the original application does not apply to an emailed FPCA,but does apply to a faxed FPCA.
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 101.001 of the Code regarding FPCAs.Effective September 1,2021,a member of the Texas National Guard or the National Guard of another state
or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders,or the spouse or
dependent of a member,may submit an FPCA.(Sec.101.001).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 101.052 of the Code regarding FPCAs.Effective September 1,2021,an FPCA may be submitted by in-person delivery by the voter in acco 22
with Section
84.008 of the Code or by common or contract carrier.Further,an application is considered submitted in the
following calendar year if:1)the applicant is eligible to vote in an election occurring in January or February of the next calendar year;and 2)the application is submitted in the last
but not earlier than the 60th day before the date of the January or February election.(Sec.101.052). 02/14/2023 Item B.
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 84.008 of the Code to provide that an applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early
voting clerk if the application is submitted not later than the deadline provided by Section 84.007(c)of the Code.This means that voters may now personally deliver their ABBM or FPCA to the early voting
clerk not later than the close of regular business in the early voting clerk's office or 12 noon,whichever is later,on the 11th day before election day(unless that day is a Saturday,Sunday,or legal state or
national holiday,in which case the last day is the first preceding regular business day.)(Sec.84.008).
18. Note on Opportunity to Correct Defects in Mail Ballots
NEW LAW:Pursuant to SB 1(2021,2nd CS.),effective December 2,2021,the early voting ballot board,or signature verification committee(if one is appointed),will need to provide voters voting a ballot by mail
the opportunity to correct certain defects in the voter's carrier envelope containing the voter's ballot.
Early Voting Clerk:Section 86.011(d)provides a procedure by which a voter can correct certain defects in the carrier envelope containing their voted ballot.If an early voting clerk receives a timely carrier
envelope that does not comply
with the applicable requirements of the Code,the early voting clerk may deliver the carrier envelope in person or by mail to the voter so that the voter may correct the defect.Additionally,the early voting clerk
may notify the voter of the defect by phone and advise the voter that they may come to the early voting clerk's office to correct the defect or cancel their Application for Ballot By Mail and vote in person.The
early voting clerk may utilize this provision for defects such as a missing signature by the voter,a partially completed witness or assistant box(if applicable),or a ballot that is not returned in a carrier envelope.
If an early voting clerk chooses to notify voters of defects in their carrier envelope under Section 86.011(d),the clerk must apply these procedures uniformly to all voters in similar circumstances.Additionally,
the SOS recommends keeping a log to track the ballots mailed to voters and the ballots in possession of the early voting clerk before ballots are delivered to the signature verification committee or early voting
ballot board.If the early voting clerk notifies a voter of a defect in their carrier envelope by mail,the clerk should include a letter explaining the actions that the voter needs to take to correct and return the
carrier envelope.
Early Voting Ballot Board:Section 87.0411 provides a procedure by which a voter can correct certain defects in their carrier envelope containing their voted ballot.Not later than the second business day
after an early voting ballot board discovers the defect and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041,the board shall:(1)determine if it would be
possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day;and(2)return the carrier envelope to the voter by mail,if the board
determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day.If the board determines that it would not be
possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day,the board may notify the voter of the defect by phone or email and
inform the voter that the voter may cancel their mail ballot in accordance with Section 84.032 or come to the early voting clerk's office in person not later than the sixth day after election day to correct the
defect.If the ballot board takes one of the actions described above,the board must take that action with respect to each ballot in the election that to which these options apply.Poll watchers are entitled to
observe these activities by the early voting ballot board.
Signature Verification Committee(if appointed):Section 87.0271 provides a procedure by which a voter can correct certain defects in their carrier envelope containing their voted ballot.Not later than the
second business day after a signature verification committee discovers the defect and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027,the committee
shall:(1)determine if it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day;and(2)return the carrier envelope to
the voter by mail,if the committee determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day.If the
committee determines that it would not be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day,the signature verification
committee may notify the voter of the defect by phone or email and inform the voter that the voter may cancel their mail ballot in accordance with Section 84.032 or come to the early voting clerk's office in
person not later than the sixth day after election day to correct the defect.If the signature verification committee takes one of the actions described above,the committee must take that action with respect to
each ballot in the election that to which these options apply.Poll watchers are entitled to observe these activities by the signature verification committee.
For more information on the corrective action procedures,please see Tex.Sec y .State Election Advisory No.2022-08_and Tex,Sec'yof State Election Advisory No.2022_12.
19. Note on Reconciliation Forms
NEW LAW:Pursuant to SB 1(2021,2nd C.S.),effective December 2,2021,the presiding judge of the central counting station must prepare a preliminary_reconciiiation farm(EDE)on election night and a final
reconciliation form_(PDF)after the canvass.The reconciliation form requirement only applies to entities that conducted voting in such a manner that they had a central counting station.The reconciliation forms
must be posted on the county website with election returns and results after they are completed and signed.This posting requirement applies regardless of whether a local entity is contracting with the county
for election services.We recommend that local entities post the reconciliation form on their website,if the entity maintains a website.We further recommend that the reconciliation forms remain posted at least
until the next election,and that the forms are available for the full22 month retention period for election records.An entity may choose to make older reconciliation forms available as part of historical results
on its website.
Calendar of Events
December
Monday,December 19,2022(30th day before Wednesday,January 18,2023,first day to file an application for a place on the ballot)
Cities,Schools,and Other Political Subdivisions:Post Notice of Deadline to File Applications for Place on the_Ballat(PDP)in a building in which the authority maintains an office.The notice must be
posted not later than the 30th day before the first day to file.(Sec.141.040;Sec.49.113,Water Code).This notice must be posted in addition to the posting the requirements and deadline for filing for
candidacy under Section 2051.201,Government Code.(See Note 3,above.)
Water Districts:The notice must be posted at the district's administrative office or at the public place established by the district under Section 49.063 of the Water Code.(Sec.49.113,Water Code).
NOTE:The delivery,submission,or filing of an application with an employee of the filing authority at the authority's usual place for conducting official business constitutes filing with the authority.(Sec.1.007).
NOTE-NEW LAW:HB 3107(2021,R.S.)requires the authority with whom an application for a place on the ballot is filed to designate an e-mail address in the notice required by Section 141.040 of the Code
for the purpose of filing an application for a place on the ballot.
NOTE-NEW LAW:HB 4555(2021,R.S.)amended Sections 141.031 and 141.039 of the Code by modifying the application requirements related to a candidate's final felony conviction status and what must
be included on the candidate application form.Specifically,candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony,or if so
convicted,has been pardoned or otherwise released from the resulting disabilities.A person who has been convicted of a felony will need to include with the application proof that the person has been
pardoned or otherwise released from the resulting disabilities.The application form must include a statement informing candidates of the requirement to submit this information.Further,the official application
form will need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B misdemeanor.(Secs.141.031,
141.039).
School Districts:In addition to the general felony rule at Election Code Sec.141.001(finally convicted),a candidate for school board must not have been convicted(finally convicted or otherwise)of specific
crimes under the Education Code in time to serve.(Sec.11.066,Education Code).
January
Sunday,January 1,2023
First day for voters to submit an application for a ballot by mail(ABBM)for an election in 2023.The application is considered submitted at the time of receipt.(Secs.84.001(e),84.007).
First day for voters to submit an ABBM,an Annual ABBM,or a Federal Postcard Application(FPCA).The Annual ABBM and FPCA allows the voter to receive ballots for all elections in which they are eligible to
vote held in 2023.Voters who will be 65 or older on election day or voters with a disability are eligible to submit an annual application.The application is considered submitted at the time of receipt.(Secs.
84.001(e),84.007,86.0015).
23
Wednesday,January 18,2023(30th day before Friday,February 17,2023,regular filing deadline for a place on the ballot)
First day to file an application for a place on the ballot or a declaration of write-in candidacy.(Secs.143.007,144.005,Election Code;Secs,11.055,130.082(g),Educ.Code).See
more details.The following forms are available on the Secretary of State's website:
02/14/2023 Item B.
• Application for Place on(.ity/School/Other Political Subdivision Ballot(PDF)
• If your home rule city or special law district allows for a petition,the following petition may be used:Petition for Place on the CityGeneral Election Ballot(PDF)
• Declaration of Write-In Candidacy for City,School,or other Political Subdivisions(PDF)
NOTE:Most elective offices now require that a candidate be a registered voter of the territory that the office is elected from as of the filing deadline or as of other statutory deadlines.(Sec.141.001).For more
information on the candidate voter registration requirement,see Voter Registratlon Pequicpm@n151or Qandidaes.
NOTE:We are often asked how filing can begin if you have not yet ordered the general election.You do not need to order your general(regularly occurring)election in order for the filing period to begin.
NOTE-Cities,Schools,and Other Political Subdivisions:There are political subdivisions that do not have office hours on all days of the business week(Monday through Friday)or do not have an office
that is open for eight hours each day of the business week.The Elections Division recommends that political subdivisions take steps to have someone available for a few hours most days during the candidate
filing period to accept filings,and that political subdivisions post a schedule on their websites and on the bulletin boards where notices of meetings are posted of the days and times when someone will be
available to accept filings.The Elections Division also strongly recommends having someone available at the place of business on the filing deadline,especially from 2:00 PM to 5:00 PM,if you are otherwise
closed.This guideline is based on the office-hour rule under Section 31.122 of the Election Code.Although a political subdivision may accept applications by mail,fax,or email without a person present at the
office,the political subdivision will not be able to determine which applications were timely filed by 5:00 PM.
NOTE-NEW LAW:HE 3107(2021,R.S.)amended Sections 143.004 and 144.003 of the Code to provide that candidate applications,other than those that must be accompanied by a filing fee,may be filed
via email.The application must be a scanned copy of the candidate application and must be sent to the filing authority's designated email address for accepting applications.(Secs.143.004,144.003).
Tuesday,January 31,2023(last weekday before February)
Recommended date that county election officials and local politicalsubdivisions meet to discuss conducting elections at the same polling locations pursuant to Section 42.002,as well as any applicable joint
election issues needed to be agreed upon.NOTE:This is not a deadline;just a recommendation.
February
Monday,February 6,2023(89th day before election day,extended from 90th day,Sunday,February 5,2023,Sec.1.006)
Last day for eligible political subdivisions to submit Notice of Exemption Under Section 61.013 or an Application of Undue Burden Status to the Secretary of State for exemption from the accessible voting
system requirement.(Sec.61.013).For additional information,consult the most current advisory on this topic,Tex.Sec'y of State Election Advisory No.2021-02.
Tuesday,February 14,2023(81st day before election day;3rd day before filing deadline)
Political Subdivisions Other Than Counties:If a candidate dies on or before this date,his or her name is not placed on the ballot,if the filing deadline is Friday,February 17,2023.(Sec.145.094(a)(1)).
NOTE:Section 145.098 states if a candidate dies on or before the deadline for filing an application for a place on the ballot,the authority responsible for preparing the ballots MAY choose to omit the
candidate.If the authority does choose to omit the candidate,the deadline for filing an application for a place on the ballot is extended to the fifth day after the filing deadline,Wednesday,February 22,2023.
This extended deadline only applies to the regular filing deadline.It DOES NOT apply to the write-in deadline.
Friday,February 17,2023(78th day before election day)
Political Subdivisions Other Than Counties:5:00 PM-Last day for a candidate in a political subdivision(other than a county)to file an application for a place on the ballot for general election for officers for
most political subdivisions,except as otherwise provided by the Texas Election Code.(Secs.143.007(c),144.005(d);Sec.11.055,Education Code;Chapter 286,Health&Safety Code).See Candidacy Filing
outline for more details.
NOTE—A home-rule city's charter may NOT provide an alternate candidate filing deadline.(Secs.143.005(a),143.007).
NOTE—City Offices with Four-Year Terms:If no candidate has filed for a city office with a four-year term,the filing deadline is extended to 5:00 PM on Friday,March 10,2023.(Sec.143.008).
NOTE—An application submitted by mail is considered to be filed at the time of its receipt by the appropriate filing authority.(Secs.143.007(b),144.005(b)).
Deadline for political subdivisions to order a general election to be held on Saturday,May 6,2023,unless otherwise provided by the Election Code.(Sec.3.005).One of the following forms may be used:
• Order of Election for Municipalities(PDF)
• Order of Election for Other Political Subdivisions(Including.SchoolsT(PDE)
Political Subdivisions Other Than Counties(Special Election):Deadline to order a special election on a measure to be held on Saturday,May 6,2023.The following form may be used:
• Order efSpecial Electic20 Cor Municipalities(PDF)
• Order of Speed Election Cor Other Political Subdivisions(Including Schools)(PDF)
Counties:Deadline for counties to order a general election or a special election on a measure to be held on Saturday,May 6,2023.(Secs.3.004,3.005).The following forms may be used:
• Order of Special Election for County-Ordered Measure Elections(PDF)
The order must include:
1.The date of the election;
2.The location of the main early voting polling place including the street address,room number,and building name.The order must designate which location is the main early voting polling
place;
3.The offices or measures to be voted on;
4.(Recommended)Branch early voting polling places(see Notice of Elections above);
5.The dates and hours for early voting(recommended for counties and cities,but required for all other entities);
6.The dates arid hours of any Saturday and Sunday early voting(if applicable,it is recommended that this information be included in the order for counties,but it must be included for all other entities);
and
7.The early voting clerk's official mailing address or street address at which the clerk may receive delivery by common or contract carrier,if different,phone number,e-mail address,and the Internet
website,if the early voting clerk has an Internet website.
In addition to the information included above,an order for a debt obligation(bond)election must include(Sec.3.009):
1.the proposition language that will appear on the ballot;
2.the purpose for which the debt obligations are to be authorized;
3.the principal amount of the debt obligations to be authorized;
4.that taxes sufficient to pay the principal of and interest on the debt obligations may be imposed;
5.a statement of the estimated tax rate if the debt obligations are authorized or of the maximum interest rate of the debt obligations or any series of the debt obligations,based on the market core
the time of the election order; 24
6.the maximum maturity date of the debt obligations to be authorized or that the debt obligations may be issued to mature over a specified number of years not to exceed the
authorized by law;
7.the aggregate amount of the outstanding principal of the political subdivision's debt obligations as of the date the election is ordered; 02/14/2023 Item B.
8.the aggregate amount of the outstanding interest on debt obligations of the political subdivision as of the date the election is ordered,which may be based on the political si
relative to variable rate debt obligations;and
9.the ad valorem debt service tax rate for the political subdivision at the time the election is ordered,expressed as an amount per$100 valuation of taxable property.
NOTE-NEW LAW:HE 3107(2021,R.S.)amended Section 83.010 of the Code to require an election order and the election notice to state the early voting clerk's official mailing address or street address at
which the clerk may receive delivery by common or contract carrier,if different,phone number,e-mail address,and the Internet website,if the early voting clerk has an Internet website.(Sec.83.010).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 85.004 of the Code to provide that an election order and election notice must designate which location is the main early voting polling place.(Sec.
85.004).
Recommended date to order the lists of registered voters from the county voter registrar.The list should include both the voters'residences and mailing addresses in order to conduct early voting by mail.
(Sec.18.006).The political subdivision should confirm that the most recent maps or boundary changes have been provided to the voter registrar.
Recommended date to confirm telephone number for the county voter registrar's office on election day.
Recommended date to order election supplies,other than ballots.(Subchapter A,Chapter 51).
Political Subdivisions Other Than Counties:Recommended date to appoint presiding and alternate judges.Currently,the Election Code does not establish a deadline for appointing election officials;
there is only a notification deadline.For further information concerning procedures for appointing judges and their alternates,see Sections 32.005,32.008,and 32.011.General eligibility requirements are
found in Subchapter C,Chapter 32.In addition to appointing a judge and alternate judge for each election precinct pursuant to Sections 32.001 and 32.005,the governing body must allow the judge to appoint
no less than two clerks;however,the alternate judge must serve as one of the clerks as a matter of law.(Secs.32.032,32.033).The presiding judge then appoints an additional clerk(s),but not more than the
maximum set by the governing body.(Sec.32.033).Presiding judges and their alternates must be given a Notice of Appointment(PDF)not later than the 20th day after the appointment is made.(Sec.
32.009).If the appointment is for a single election,the notice may be combined with the Writ_of_E_lection_(P_DF),which is required to be delivered to each presiding judge not later than the 15th day before the
election,Monday,April 24,2023.This deadline is extended to the next regular business day,which is Monday,April 24,2023,due to the 15th day falling on San Jacinto Day,Friday,April 21,2023.(Secs.
1.006,4.007,32.009(e)).If the notices are combined,both must be delivered by the date required by the earlier notice.
Water Districts:A water district is not required to provide a Notice of Appointment to a presiding judge,as required under Section 32.009,but must provide a Writ of Election(PDF).(Sec.4.007;Sec.49.110,
Water Code).
Recommended date to appoint the central counting station personnel(manager,tabulation supervisor and assistants to the tabulation supervisor),if applicable.(Secs.127.002,127.003,127.004,and
127.005).There is no statutory notice requirement for members of the central counting station,but good practice suggests that written notice be given to them.
Recommended date to appoint the presiding judge and alternate presiding judge of the early voting ballot board or to designate the election workers of one election precinct to serve as the early voting
ballot board.(Secs.87.001,87.002,and 87.004).There is no statutory notice requirement for members of the early voting ballot board,but good practice suggests that written notice be given to them.
NOTE—NEW LAW:SB 1(2021,2nd C.S.)amended Section 87.002 to require the early voting ballot board to have an alternate judge.The alternate judge is appointed in the same manner as the presiding
judge.
Tuesday,February 21,2023(74th day before election day)
5:00 PM-Deadline for write-in candidates to file Declarations of Write-In Candidacy_(PDF)for regular officers for city,school district,library district,junior college district,hospital district,common school
districts,Chapter 36 and 49 Water Code districts,and other political subdivision elections,unless otherwise provided by law.(Secs.144.006(b),146.054(b),146.055,Election Code;Secs.11.056,11.304,
130.0825,Education Code;Sec.326.0431,Local Government Code;Sec.285.131,Health and Safety Code;and Secs.36.059,49.101,63.0945,Water Code).See Candidacy Filing outline for more details.
NOTE:An application submitted by mail is considered to be filed at the time of its receipt by the appropriate filing authority.(Secs.143.007(b),144.005(b)).
Wednesday,February 22,2023(73rd day before election day;5th day after regular filing deadline)
If a candidate dies on or before the deadline for filing an application for a place on the ballot,the authority responsible for preparing the ballots MAY choose to omit the candidate.If the authority does choose
to omit the candidate,the deadline for filing an application for a place on the ballot is extended to the fifth day after the filing deadline,February 23rd.This extended deadline only applies to the regular filing
deadline.It does NOT apply to the write-in deadline.(Sec.145.098).
Thursday,February 23,2023(72nd day before election day)
First day to post Notice of Drawing for Place on_Ballot_(PDF)if drawing is to be conducted on Monday,February 27,2023.This notice must be posted for 72 hours immediately preceding the time of the
drawing.(Sec.52.094(c)).
The authority conducting the ballot position drawing shall provide notice of the date,hour,and place of the drawing to candidates by this date if the drawing is to be conducted on Monday,February 27,2023,
as recommended.(Sec.52.094(d)).If a candidate in a special election files on this date,they should be given a copy of the notice at the time they file.
The authority conducting the drawing shall provide notice of the date,hour,and place of the drawing to each candidate.The authority may provide written notice at the time the candidate files an application
with the appropriate authority.
If notice was not provided at the time the candidate filed an application,the notice may be provided by:
1.written notice that is mailed to the address stated on the candidate's application not later than the fourth day before the date of the drawing;or
2.telephone,if a telephone number is provided on the candidate's application or
3.by e-mail,if an e-mail address was provided on the candidate's application.(Sec.52.094).
Friday,February 24,2023(71st day before election day)
Political Subdivisions Other Than Counties:5:00 PM—Last day for a candidate to withdraw,by submission of a notarized Certificate of Withdrawal(PDF)or a notarized letter.If candidate withdraws or is
declared ineligible by this date,his or her name is omitted from the ballot.(Secs.145.092(f),145.094(a)(4),145.096(a)(4)).For special circumstances regarding withdrawal of a candidate before ballots
are prepared,please contact the Elections Division of the Office of the Texas Secretary of State.
Political Subdivisions Other Than Counties:5:00 PM—Last day to withdraw as a write-in candidate in the general election ordered by a political subdivision other than a county.(Secs.144.006(c),
146.0301,146.054(c)).(Candidates may use the Certificate of Withdrawal(PDF)).
Recommended first day that an election may be cancelled if all filing deadlines have passed,each candidate for an office listed on the ballot is unopposed(except as discussed below),and write-in votes
may be counted only for names appearing on a list of write-in candidates.(Sec.2.052).The Certification of Unopposed Candidates for Other Political Subdivisions(PDF)may be used to certify candidates as
unopposed.Also,see our Sample Order of Cancellation(PDF)and Tex.Sec'y of State Election Advisory No.2022-16.
A special election of a political subdivision is considered to be a separate election with a separate ballot from a general election for officers of the same political subdivision held at the same time as the special
election.Therefore,the fact that there may be a proposition on the ballot will not prevent a cancellation of an election for candidates who are unopposed.(Sec.2.051(a)).If any members of the political
subdivision's governing body are elected from territorial units,such as single member districts,an election shall be cancelled in a particular territorial unit if each candidate for an office that is to appe. .• •-
ballot in that territorial unit is unopposed and no opposed at-large race is to appear on the ballot.An unopposed at-large race shall be cancelled in an election regardless of whether an opposed r
appear on the ballot in a particular territorial unit.(Sec.2.051(b)).This recommended cancellation deadline presumes a filing deadline of Friday,February 17,2023 and a write-in deadline of 25
February 21,2023.Special elections may have different deadlines,and may now be cancelled separately.
NOTE—NEW LAW:SB 1(2021,2nd C.S.)amended Sections 2.053 and 2.056 of the Texas Election Code to make this cancellation process mandatory,rather than discretionary. • -• •• • - ••
consult the outline on Cancellation of Election for Local Political Subdivisions,
02/14/2023 Item B.
NOTE:Political Subdivision Holding a Special Election to Fill a Vacancy:If you are having a special election to fill a vacancy for an unexpired(partial)term,you must not can - .- -- +_ 7"
after all deadlines to file for a special vacancy election have passed.Reminder:The cancellation procedures allow general and special elections to be considered separate elections for cancellation purposes.
If the elections are separated,note there are procedures related to listing unopposed candidates in the same relative order on the ballot.See Sec.2.053,Election Code and the Secretary of State's outline
on Cancellation of Election for Local Political Subdivisions(Not County).
Saturday,February 25,2023(70th day before election day)
Last day to order a special election to fill a vacancy(if authorized to fill vacancies by special election)and have the filing deadline be the 62nd day before election day.(Secs.201.054(a)(1),201.052).Please
note that the Election Code requires the election to be ordered as soon as practicable after the vacancy occurs.(Sec.201.051).The following form may be used:
• Order of Special Election for Municipalitie-s(PDF)
• Order of Special Election for Other Political Subdivisions(Including Schools)(PDF)
NOTE:Section 201.054 provides that if the special election to fill a vacancy is ordered(1)on or before the 70th day before election day,the candidate application must be filed by 5:00 PM on the 62nd day
before election day,OR(2)after the 70th day but on or before the 46th day before election day,the candidate application must be filed by 5:00 PM on the 40th day before election day.This is the first of the
two possible ordering times.We do not interpret the 70th day order date here as"moving"to the next business day because the date falls on a Saturday,as this is not the last day to order a special election to
fill a vacancy for this uniform election date.
NOTE-NEW LAW:HB 4555(2021,R.S.)amended Sections 141.031 and 141.039 of the Code by modifying the application requirements related to a candidate's final felony conviction status and what must
be included on the candidate application form.Specifically,candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony,or if so
convicted,has been pardoned or otherwise released from the resulting disabilities.A person who has been convicted of a felony will need to include in the application proof that the person has been pardoned
or otherwise released from the resulting disabilities.The application form must include a statement informing candidates of the requirement to submit this information.Further,the official application form will
need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B misdemeanor.(Secs.141.031,
141.039).
NOTE-School Districts:In addition to the general felony rule at Election Code Sec.141.001(finally convicted),a candidate for school board must not have been convicted(finally convicted or otherwise)of
specific crimes under the Education Code in time to serve.(Sec.11.066,Education Code).
Monday,February 27,2023(68th day before election day)
Recommended date to conduct ballot position drawing.(Sec.52.094).You should also certify today to the county election officer the offices,propositions(in all necessary languages),and candidates'names
(including the order)as they are to appear on the ballot,if you are contracting to have the county conduct your election or if you are conducting a joint election with the county.See entry for February 23,
2023,referencing new law regarding ballot drawing.
NOTE:After the ballot drawing has occurred,the Elections Division recommends that you proof and test your ballot programming as soon as possible and prior to the deadline to mail a ballot if the political
subdivision will be using automatic tabulating equipment to count the mail ballots or if your mail ballots are printed from the same database used to program your precinct scanners and/or DREs(See Note 15
prior to Calendar of Events).The Elections Division also recommends that you provide candidates with copies of ballot proofs so that candidatesmay verify the correctnessof their names,
positionssought,and orderof nameson the ballot.
March
Monday,March 6,2023(61st day before election day,extended from 62nd day,Sunday,March 5,2023,Sec.1.006)
Political Subdivisions Other Than Counties:5:00 PM—Last day to file an application for a place on the ballot in a special election to fill a vacancy,if the special election is ordered on or before the 70th day
before election day,Saturday,February 25,2023.(Secs.1.006,201.054(a)(1)).(For more details about Section 201.054 and the two possible special election deadlines,see entry for Saturday,February 25,
2023).
Political Subdivisions Other Than Counties:5:00 PM—Deadline for write-in candidates to file Declarations of Write-In Candidacy(PDF)for officers for city,school district,library district,junior college
district,hospital district,and common school districts in a special election to fill a vacancy if the special election is ordered on or before the 70th day before election day,Saturday,February 25,2023.(Sec.
201.054(a)(1)and 201.054(g)).
NOTE:A declaration of write-in candidacy for a special election must be filed not later than the regular filing deadline to apply for a place on the ballot.The deadline to file an application for a place on the
ballot in a special election to fill a vacancy,if the special election is ordered on or before the 70th day before election day,Saturday,February 25,2023,is Monday,March 6,2023.(Sec.1.006).
NOTE-NEW LAW:HB 4555(2021,R.S.)amended Sections 141.031 and 141.039 of the Code by modifying the application requirements related to a candidate's final felony conviction status and what must
be included on the candidate application form.Specifically,candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony,or if so
convicted,has been pardoned or otherwise released from the resulting disabilities.A person who has been convicted of a felony will need to include in the application proof that the person has been pardoned
or otherwise released from the resulting disabilities.The application form must include a statement informing candidates of the requirement to submit this information.Further,the official application form will
need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B misdemeanor.(Secs.141.031,
141.039).
NOTE-School Districts:In addition to the general felony rule at Election Code Sec.141.001(finally convicted),a candidate for school board must not have been convicted(finally convicted or otherwise)of
specific crimes under the Education Code in time to serve.(Sec.11.066,Education Code).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 52.094 of the Code to require the authority conducting the drawing to provide notice of the date,hour,and place of the drawing to each candidate
by:1)written notice that is mailed to the address stated on the candidate's application not later than the fourth day before the date of the drawing;or 2)provided at the time the candidate files an application
with the appropriate authority.If notice was not
provided at the time the candidate files an application,the notice may be provided by telephone,if a telephone number is provided on the candidate's application or by e-mail,if an e-mail address was
provided on the candidate's application.(Sec.52.094).
Tuesday,March 7,2023(60th day before election day)
Political Subdivisions Other Than Counties:Last day for the governing body of a political subdivision to deliver notice of the election to the county clerk/elections administrator and voter registrar of each
county in which the political subdivision is wholly or partly located.(Sec.4.008).
NOTE FOR COUNTIES-Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section
4.008.This is regardless of whether the county is contracting with the entity.See Note 9 for more information on the requirements related to the Notice of Election.
NOTE-NEW LAW:HB 3107(2021,R.S.)requires the notice of election to include the Internet website of the authority conducting the election.(Sec.4.004(a)).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 83.010 to require an election order and the election notice to state the early voting clerk's official mailing address or street address at which the
clerk may receive delivery by common or contract carrier,if different,phone number,e-mail address,and the Internet website,if the early voting clerk has an Internet website.(Sec.83.010).
Recommended date for county clerk/county elections administrator to deliver an initial list of voters who have submitted annual applications for ballot by mail under Section 86.0015 and scans or photocopies
of those applications to the early voting clerk of any political subdivision located within the county that is holding an election on May 6,2023.The list should only include voters that reside in the politic
subdivision holding the election.The list should only be created and sent to those political subdivisions that have provided notice of the election to the county clerk/elections administrator.See also,th 26
below and the entry at Tuesday,April 25,2023,for more information about delivery of a final list of voters.See entry at Monday,April 24,2023 for more information on the delivery- •- •• - - -
applications.
02/14/2023 Item B.
NOTE:Section 86.0015 requires the county clerk/elections administrator to provide a list of voters that have submitted an annual application for ballot by mail to all political subdivi • •r •: •
an election.The law only applies to elections for which the county clerk/elections administrator is not the early voting clerk via a contract for election services or joint election agreement.The Election
Division strongly recommends that the county and political subdivisions discussthe frequency andmethodfor which these lists should be transmitted to ensure that ballots are sent out in a timely manner.
Finally,the county clerk/elections administrator must deliver either photocopies or scanned images of the applications(under Section 87.126)to the early voting clerk of the political subdivision before
the ballots by mail are delivered to the early voting ballot board for qualifying and counting under Section 87.041.
Thursday,March 9,2023(58th day before election day,20th day after February 17,2023)
Last day to notify election judges of their appointment if they were appointed,as recommended,by Friday,February 17,2023.(Sec.32.009(b)).Presiding judges and their alternates must be notified(PDF)of
their appointment in writing,not later than the 20th day after the date the appointment is made.If the appointment is for a single election,the notice may be combined with the Writ of Election(PDF),which is
required to be delivered to each presiding judge not later than the 15th day before the election,Monday,April 24,2023.This deadline is extended to the next regular business day,which is Monday,April 24,
2023,due to the 15th day falling on San Jacinto Day,Friday,April 21,2023.(Secs.1.006,4.007,32.009(e)).If the notices are combined,both must be delivered by the date required by the earlier notice.
Friday,March 10,2023(57th day before election day)
Political Subdivisions Other Than Counties:5:00 PM-Last day for a candidate to file Certificate of Withdrawal(PDF)in a special election,in which the filing deadline is the 62nd day before election day.If
a candidate withdraws or is declared ineligible by this date,his or her name is omitted from the ballot.(Secs.145.092(b),(e)and 145.094(a)(3)).
NOTE:For special circumstances regarding withdrawal of a candidate before ballots are prepared,please contact the Elections Division of the Office of the Texas Secretary of State.
Political Subdivisions Other Than Counties:5:00 PM-City Offices with Four-Year Terms:Extended filing deadline in cities with four-year terms of office,when no candidate files for a particular office by
the regular filing deadline of Friday,February 17,2023.(Sec.143.008).(Seeentry for Friday,February 17,2023).
Friday,March 17,2023(50th day before election day)
Deadline to challenge the filing of an application for a place on the ballot as to form,content,and procedure.(Sec.141.034).For more information on candidacy,see our Candidacy for Local Political
Subdivisions outline.
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 141.034 of the Code to provide that a candidate application cannot be challenged for"Form,Content,and Procedure"defects after the 50th day
before the date of the election for which the application is made.(Sec.141.034).
Friday,March 17,2023-Thursday,June 15,2023(50th day before election day-40th day after election day)
Mandatory Office Hours:Each county clerk,city secretary,or secretary of a governing body(or the person performing duties of a secretary)must keep the office open for election duties for at least 3 hours
each day,during regular office hours,on regular business days.(Sec.31.122).
NOTE-Counties:This office hour rule applies to the entity's general election or special election ordered by that authority.
NOTE:Independent School Districts:A"regular business day"means a day on which the school district's main business office is regularly open for business.(Sec.31.122(b)).
NOTE:If a school district's spring break falls during the mandatory office hour period under Section 31.122 of the Election Code,a school district is not required to have someone present for three hours
during the days the school district's main business office is not regularly open for business.However,we strongly recommend posting notice with contact information for open records requests.You should
also have one of your elections personnel check at least once a day in the event a voter sent an ABBM to the school district address,fax,or e-mail.
NOTE:Special Elections:In the case of a special election,the office hour rule is triggered starting the third day after the special election is ordered.(Sec.31.122).
NOTE-NEW LAW:HE 3107(2021,R.S.)amended Section 31.096 of the Code,which addresses nontransferable functions under an election services contract.Specifically,an election services contract may
not change the political subdivision's requirement to maintain office hours under Section 31.122.The amendment to Section 31.096 of the Code also allows a county that has contracted with a city to be the
custodian of voted ballots for a city election.(Sec.31.096).
NOTE:Good Friday falls during the mandatory office hour period under Section 31.122 of the Election Code.Section 31.122 applies to Good Friday,therefore entities,other than school districts,will need to
be open for at least 3 hours that day.Section 31.122(b)grants school districts an exception if Good Friday is a local holiday and a day the school district's main business office is not regularly open for
business.(Sec.31.122)
Sunday,March 19,2023(48th day before election day)
Last day to publish notice(PDF)for testing of automatic tabulation equipment testing and logic and accuracy testing(L&A testing)of a voting system that uses direct recording electronic(DRE)voting
machines and precinct scanners if test will be completed by recommended deadline of Tuesday,March 21,2023.Notice of the public tests must be published at least 48 hours before the test begins.
(Secs.127.093,127.096,129.022,129.023).SeeNote 15,above.
NOTE-NEW LAW:SB 1(2021,2nd C.S.)provides that if logic and accuracy testing is being conducted for an election in which a county election board has been established under Section 51.002 of the Texas
Election Code,
the general custodian of election records shall notify each member of the board of the test at least 48 hours before the date of the test.If the county election board chooses to witness the test,each member
shall sign the statement required for logic and accuracy testing.(Sec.129.023(b-2)).
Tuesday,March 21,2023(46th day before election day)
Political Subdivisions Other Than Counties:Last day to order a special election to fill a vacancy(if authorized to fill vacancies by special election).If the election was ordered after the 70th day before election
day,the filing deadline will be the 40th day before election day.(Secs.201.052 and 201.054(a)(2)).Please note that the Election Code requires the election to be ordered as soon as practicable after the
vacancy occurs.(Sec.201.051).(For more information about the write-in declaration deadline,see Monday,March 27,2023 note entry.For more details about Section 201.054 and the two possible special
election deadlines,see Saturday,February 25,2023 note entry.)The following forms may be used:
• Order ofS.pecial Election for Municipalities(PDF)
• Order of_Special Election for Other Politic bdivisions(Including Schoo s„)(PQF)
NOTE-NEW LAW:HB 4555(2021,R.S.)amended Sections 141.031 and 141.039 of the Code by modifying the application requirements related to a candidate's final felony conviction status and what must
be included on the candidate application form.Specifically,candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony,or if so
convicted,has been pardoned or otherwise released from the resulting disabilities.A person who has been convicted of a felony will need to include in the application proof that the person has been pardoned
or otherwise released from the resulting disabilities.The application form must include a statement informing candidates of the requirement to submit this information.Further,the official application form will
need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B misdemeanor.(Secs.141.031,
141.039).
NOTE-School Districts:In addition to the general felony rule at Election Code Sec.141.001(finally convicted),a candidate for school board must not have been convicted(finally convicted or otherwise)of
specific crimes under the Education Code in time to serve.(Sec.11.066,Education Code).
Recommended date to conduct the first test of the automatic tabulating equipment and for logic and accuracy(L&A test)test on precinct scanners and DREs.(Secs.127.093,127.096,129.022,129.023).
The SOS recommends you complete your first round of testing prior to mailing your mail ballotsif those ballots will be counted using automatic tabulation equipment.If you conduct your first round of testing
by this date,you must publish notice of the test 48 hours prior to testing.See Note 15,above.
NOTE-NEW LAW:SB 1(2021,2nd C.S.)requires the general custodian of election to demonstrate,using a representative sample of voting system equipment,that the source code of the equipment has not
been altered.(Sec.129.023(c-1)).See Tex.Sec'y of State Election Advisory No.2019-23 for more information on voting system procedures.
Wednesday,March 22,2023(45th day before election day)
Deadline to mail ballots to military or overseas voters who already submitted their ballot requests via a federal postcard application(FPCA)or via a standard application for ballot by mail(ABBM)and 27
indicated that they are outside the United States.If the early voting clerk cannot meet this 45th-day deadline,the clerk must notify the Secretary of State within 24 hours.(Sec.86.004(b)).
Reminder Regarding FPCAs and Overseas ABBMs:If the early voting clerk receives an FPCA(from a military or non-military voter)or an ABBM from an overseas voter after th-• • • • - •- •--
ballot must be mailed within seven days after the early voting clerk receives the FPCA or ABBM.(Secs.86.004(b),101.104).
02/14/2023 Item B.
Reminder:In regards to mail ballots for other voters(not military voters using an FPCA or overseas voters using an FPCA or ABBM),the early voting clerk must mail a ballot not I. -' - . - -
the later of:(1)the date the early voting clerk has accepted a voter's application for a ballot by mail or(2)the date the ballots become available for mailing.However,if the 7th day falls earlier than the 37th day
before election day,the voter's mail ballot must be mailed no later than the 30th day before election day.(Sec.86.004(a)).This means that for every application that comes in before the 37th day before
election day,the balloting materials must be mailed by the 30th day before election day.Any application that comes in after the 37th day before election day will follow the 7-day timeline in Sec.86.004.
NOTE-NEW LAW:HE 3107(2021,R.S.)amended Section 101.052 of the Code regarding FPCAs.Effective September 1,2021,an FPCA may be submitted by in-person delivery by the voter in accordance
with Section
84.008 of the Code or by common or contract carrier.Further,an application is considered submitted in the following calendar year if:1)the applicant is eligible to vote in an election occurring in January or
February of the next calendar year;and 2)the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election.(Sec.
101.052).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 101.001 of the Code regarding FPCAs.Effective September 1,2021,a member of the Texas National Guard or the National Guard of another state
or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders,or the spouse or
dependent of a member,may submit an FPCA.(Sec.101.001).
NOTE:Information on the early voting roster for both early voting in person and early voting by mail must be made available for public inspection and on the county's website if the county clerk or elections
administrator is serving as the early voting clerk.For an election held by a political subdivision in which the county clerk or elections administrator is not serving as the political subdivision's early voting clerk,
then the information on the roster must be made available on the Internet website of the authority ordering the election.The early voting roster shall be posted by 11:00 AM on the day after the information is
entered on the roster(for early voting in person)or by 11:00 AM on the day after the early voting clerk receives a ballot voted by mail.If the entity does not maintain a website,the information must be on the
bulletin board used for posting notices.(Sec.87.121).
NOTE-NEW LAW:HE 1622(2021,R.S.)amended Section 87.121 of the Code to provide that if an early voting clerk fails to post their early voting rosters in accordance with Section 87.121,a person
registered to vote in the county where the early voting clerk is conducting early voting may file a complaint with the Secretary of State regarding the early voting clerk's noncompliance.The Secretary of State
by rule shall create and maintain a system for receiving and recording these complaints.(Sec.87.121).
Monday,March 27,2023(40th day before election day)
Political SubdivisionsOther Than Counties:5:00 PM—Last day to file for a place on the ballot in a special election to fill a vacancy,if the special election is ordered after the 70th day before election day,
but on or before the 46th day before election day,Tuesday,March 21,2023.(Sec.201.054(a)(2)).(For more details about Section 201.054 and the two possible special election deadlines,see Saturday,
February 25,2023 note entry.)
Political Subdivisions Other Than Counties:5:00 PM—Deadline for write-in candidates to file Declarations of Write-€n Candidacy(PDF)for officers for city,school district,library district,junior college
district,hospital district,and common school districts in a special election to fill a vacancy if the special election is ordered after the 70th day before election day,but on or before the 46th day before election
day,Tuesday,March 21,2023.(Sec.201.054(a)(1)and 201.054(g)).
NOTE-Sec.201.054(g)provides that a declaration of write-in candidacy for a special election must be filed not later than the filing deadline.
NOTE-NEW LAW:HE 4555(2021,R.S.)amended Sections 141.031 and 141.039 of the Code by modifying the application requirements related to a candidate's final felony conviction status and what must
be included on the candidate application form.Specifically,candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony,or if so
convicted,has been pardoned or otherwise released from the resulting disabilities.A person who has been convicted of a felony will need to include in the application proof that the person has been pardoned
or otherwise released from the resulting disabilities.The application form must include a statement informing candidates
of the requirement to submit this information.Further,the official application form will need to include a statement informing candidates that knowingly providing false information on their application related to
their final felony conviction status is a Class B misdemeanor.(Secs.141.031,141.039).
NOTE-School Districts:In addition to the general felony rule at Election Code Sec.141.001(finally convicted),a candidate for school board trustee must not have been convicted(finally convicted or
otherwise)of specific crimes under the Education Code in time to serve.(Sec.11.066,Education Code).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 52.094 of the Code to require the authority conducting the drawing to provide notice of the date,hour,and place of the drawing to each candidate
by:1)written notice that is mailed to the address stated on the candidate's application not later than the fourth day before the date of the drawing;or 2)provided at the time the candidate files an application
with the appropriate authority.If notice was not provided at the time the candidate files an application,the notice may be provided by telephone,if a telephone number is provided on the candidate's application
or by e-mail,if an e-mail address was provided on the candidate's application.(Sec.52.094).
April
Saturday,April 1,2023(35th day before election day;5th day after 40th day)
Political Subdivisions Other Than Counties:5:00 PM—Last day for a candidate to file a Certificate of Withdrawal(PDF)in a special election in which the filing deadline is the 40th day before election day.If
a candidate withdraws or is declared ineligible by this date,his or her name is omitted from the ballot.This deadline does not extend to the next business day under Section 1.006.(Secs.145.092(a)
and 145.094(a)(2)).
Thursday,April 6,2023(30th day before election day)
Last day to register to vote or make a change of address effective for the May 6,2023 election.(Secs.13.143,15.025).
NOTE-A voter who submits a change of address after this date may still be eligible to return to his or her previous precinct to vote under"fail-safe"voting,if he or she still resides in the same county and the
same local political subdivision,if applicable,conducting the election.(Secs.15.025,63.0011).
NOTE-A Federal Postcard Application(f=PC_A)_(PDF)also serves as an application for permanent registration under Texas law unless the voter marked"my intent to return is uncertain"(2019 form),or
"my return is uncertain"(2017 form).The early voting clerk should make a copy(for mailing ballots,keeping records,etc.),then should forward the original to the county voter registrar,as soon as
practicable.(Sec.101.055;1 T.A.C.§81.40(a),(c)(2)).
First day of period during which notice of elections must be published in a newspaper of general circulation if method of giving notice is not specified by a law outside the Texas Election Code,and this
method of giving notice is selected.The notice for elections ordered by the governor or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method
specified by a law outside the Election Code.(Sec.4.003(a)(1),(c)and(d)).This notice may be combined with the other notices you are required to publish.The election notice shall be posted on the political
subdivision's website.See Note on Notice of Elections.
NOTE-NEW LAW:HB 3107(2021,R.S.)requires the notice of election to include the Internet website of the authority conducting the election.(Sec.4.004(a)).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 83.010 of the Code to require an election order and the election notice to state the early voting clerk's official mailing address or street address at
which the clerk may receive delivery by common or contract carrier,if different,phone number,e-mail address,and the Internet website,if the early voting clerk has an Internet website.(Sec.83.010).
Recommended date for early voting clerk to issue order calling for appointment of signature verification committee.(Sec.87.027).This form may be used to issue order:Order Calling for Signature
Yerlftcalle Commi(tee(PDF).If the
signature verification committee will start meeting on Sunday,April 16,2023,the early voting clerk must post a copy of the order calling for appointment of the signature verification committee on or be
date,in order to give notice of the meeting.The order must remain posted continuously for at least 10 days before the first day the committee meets.(Secs.87.027,1.006). 28
Cities,Schools,and Other Political Subdivisions:It is stronglyrecommended that the Notice of Voting order Priarity_(PPF)for voters with mobility issues also be posted on t --'
one is maintained by the political subdivision.(Secs.63.0015&85.007(d)).For more information on this requirement,see Note 16.
02/14/2023 Item B.
NOTE-Notice of Change of Polling Place Location:For elections ordered by the governor,if the location of the polling place changes after notice has been given under Sect• .i.
election officer maintains a website to inform voters about elections,the notice of the change must be posted on the website.The notice on the website must be given not later than the earlier of(1)24
hours after the location was changed;or(2)72 hours before the polls open on election day.(Sec.43.061).If the county election officer is conducting a legislative vacancy election,the candidates listed on the
ballot are entitled to receive notice directly from the county judge.
NOTE-Notice of Previous Polling Place:If a different polling place is being used than at the previous election held by the same authority,Notice of Previous Precinct(PDF)must be posted at the entrance
of the previous polling place informing voters of the current polling place location,if possible.(Sec.43.062).
Friday,April 7,2023(Good Friday,29th day before election day)
Recommended last day for early voting clerk to coordinate with the voter registrar receipt of supplemental and registration correction lists,if applicable,or coordinate receipt of revised original list from the
voter registrar for early voting by personal appearance.(Secs.18.001,18.002,18.003,18.004).
NOTE-Per Sections 18.002 and 18.003 of the Code,supplemental and corrected voter registration lists must be provided as needed to ensure all eligible voters appear on the official list of registered voters.
(Secs.18.002,18.003).
Note that the office hour requirement of Sec.31.122 does apply to Good Friday.For more information on the office hour rule,see the on on March 17,2023—June 15,2023.
Tuesday,April 11,2023(25th day before election day)
Recommended last date for the county election board(or governing body of a political subdivision,as appropriate)to appoint a signature verification committee(if one was ordered by the early voting clerk
on Thursday,April 6,2023).See entry under Thursday,April 6,2023.(Secs.51.002,87.027).The members must be appointed not later than the fifth day after the order was issued by the early voting clerk.
The appointing authority must post a notice of the appointment of committee members continuously until the last day the signature verification committee meets.This form may be used for the notice:Notice of
Appointment of Signature Verification Committee(F DF).
Saturday,April 15,2023(21st day before election day)
Last day to post notice of election on bulletin board used for posting notices of meetings of governing body.(Sec.4.003(b)).A Record of Posting Notice of Election(PDF)should be completed at the time of
posting.(Secs.4.005).See Nate on Notice of Elections.
Last day to post notice of election in each election precinct,if the method of giving notice is not specified by a law outside the Election Code and notice is given by this method in lieu of publication.(Secs.
1.006,4.003(a)(2)).Cities and school districts must publish their notice in the newspaper.A Record of Posting Notice of Election(PDF)should be completed at the time of posting.(Secs.4.005).
All Political Subdivisions:The election notice shall be posted on the political subdivision's website,if the political subdivision maintains a website.The order and notice should include all days and hours for
early voting by personal appearance including voting on ANY Saturday or Sunday.(Secs.85.006&85.007).Note for counties,the election notice must be subsequently amended to include voting later
ordered for ANY Saturday or Sunday and must be posted on the political subdivision's website,if maintained.
NOTE FOR COUNTIES-Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section
4.008.This is regardless of whether the county is contracting with the entity,regardless of whether the entity is conducting their own election or contracting with the county.
For Bond Elections:First day a political subdivision must post on their Internet website prominently and together with the notice of the election,a copy of the sample ballot,and the contents of the
proposition,if the political subdivision maintains an Internet website.(Sec.4.003(f)).
The recommended time to include the notice of accepting voters with certain disabilities on a county website is when the notice of election is also posted on the website.(Secs.63.0015&
85.007(d)).See Note 16 regarding notice on accepting voters with certain disabilities.
Counties,Cities,and School Districts:NEW LAW:SB 1116(2021,R.S.)amended Chapter 4 of the Election Code by adding Section 4.009 regarding candidate and polling place information which must be
posted on county,city,and school district websites.Last day for a county that holds an election or provides election services for an election to post certain information regarding the upcoming election(s)on the
county's website per Section 4.009.A city or independent school district that holds an election and maintains an Internet website must also post this same election information on their website even if the
county is also posting this data.The information posted on the website must include:
1.the date of the election;
2.the location of each polling place;
3.each candidate for an elected office on the ballot;and
4.each measure on the ballot.(Sec.4.009).
Sunday,April 16,2023(20th day before election day)
First day that the signature verification committee may begin operating,if one is created.(Sec.87.027).
NOTE—NEW LAW:SB 1(2021,2nd C.S.)added Section 87.0271 to provide a procedure by which a voter can correct certain defects in their carrier envelope containing their voted ballot.Not later than the
second business day after a signature verification committee discovers the defect and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027,the
committee shall:(1)determine if it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day;and(2)return the carrier
envelope to the voter by mail,if the committee determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election
day.If the committee determines that it would not be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day,the signature
verification committee may notify the voter of the defect by phone or email and inform the voter that the voter may cancel their mail ballot in accordance with Section 84.032 or come to the early voting clerk's
office in person not later than the sixth day after election day to correct the defect.If the signature verification committee takes one of the actions described above,the committee must take that action with
respect to each ballot in the election that to which these options apply.(Sec.87.0271).See Note 18;Tex.Sec'y of State Election Advisory No.2022-08;Tex.Sec'y of State Election Advisory No.2022-12.
Monday,April 17,2023(19th day before election day,extended from 20th day,Sunday,April 16,2023,Sec.101.052(i)(2))
Deadline for a person who is not permanently registered to vote to submit a postmarked FPCA,in order to receive a ballot for any non-federal election held on May 6,2023.A person who is not permanently
registered to vote and submits a postmarked FPCA after this date(20th day)and before the deadline to submit an application for ballot by mail is not entitled to receive a ballot for any non-federal
election.See Friday,April 21,2023 entry for timeliness of an FPCA received without a postmark.(Secs.101.052(e),101.052(1)(2)).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 101.052 of the Code regarding FPCA5.Effective September 1,2021,an FPCA may be submitted by in-person delivery by the voter in accordance
with Section
84.008 of the Code or by common or contract carrier.Further,an application is considered submitted in the following calendar year if:1)the applicant is eligible to vote in an election occurring in January or
February of the next calendar year;and 2)the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election.(Sec.
101.052).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 101.001 of the Code regarding FPCAs.Effective September 1,2021,a member of the Texas National Guard or the National Guard of another state
or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders,or the spouse or
dependent of a member,may submit an FPCA.(Sec.101.001).
NOTE:Be sure to check the list of registered voters for permanent registration status.Also,state law authorizes an FPCA(PDF)to also serve as an application for permanent registration;therefore,the
person might be permanently registered based on a prior FPCA.Even if the FPCA arrives too late for a particular election,the early voting clerk will still need to forward the original FPCA to the count)
registrar,after making a copy for your early voting clerk's use(mailing ballots,etc.)and records unless the voter marked"my intent to return is uncertain"(2019 form),or"my return isuncertain" 29
form),in which case it will not serve as a permanent registration.(Sec.101.055;1 T.A.C.§81.40).
NOTE:Overseas(non-military)voters marking the FPCA(PDF)"my intent to return is uncertain"(2019 form),or"my return is uncertain"(2017 form)receive a federal ba
date filed.(Chapter 114).In a local election(where there is no federal office on the ballot),this means there is no ballot to send the voter.
Monday,April 17,2023—Tuesday,April 25,2023(19th day before electionday—11th day before electionday) 02/14/2023 Item B.
A person submitting an FPCA(PDF)during this period who is not registered to vote is not entitled to receive a ballot for any non-federal election held on Saturday,May 6,2023.This means that a person
submitting an FPCA during this period is entitled to receive a federal ballot only,if not already a permanent registered voter.(Secs.101.052(f),114.002,114.004).In a local election(where there is no federal
office on the ballot),this means there is no ballot to send the voter.
The early voting clerk is required to maintain a copy of this application since it may be used for other elections and forward the original to the voter registrar.Also see entry below under Friday,April 21,2023
(FPCA without a postmark).(Secs.84.007,101.052(e),(f)).
NOTE-Be sure to check the list of registered voters for permanent registration status.Also,state law authorizes an FPCA_(PDF)to also serve as an application for permanent registration;therefore,the
person might be permanently registered based on a prior FPCA.Even if the FPCA arrives too late for a particular election,the early voting clerk will still need to forward the original FPCA to the county voter
registrar,after making a copy for your early voting clerk's use(mailing ballots,etc.)and records unless the voter marked"my intent to return is uncertain"(2019 form),or"my return is uncertain"(2017
form),in which case it will not serve as a permanent registration.(Sec.101.055;1 T.A.C.§81.40).
NOTE-Overseas(non-military)voters marking the FPCA(PDF)"my intent to return is uncertain"(2019 form),or"my return is uncertain"(2017 form),receive a federal ballot only regardless of the date
filed.(Chapter 114).In a local(non-federal)election,this means there is no ballot to send the voter.
Tuesday,April 18,2023(18th day before election day)
If a defective application to vote early by mail is received on or before this date,the early voting clerk must mail the applicant a new application with explanation of defects and instructions for submitting the
new application.For defective applications received after this date and before the end of early voting by personal appearance,the early voting clerk must mail only the Notice of Rejected Application for Ballot
by Mail(PDF)and a statement that the voter is not entitled to vote early by mail unless he or she submits a sufficient application by the deadline,which is Tuesday,April 25,2023.(Secs.84.007(c),86.008).
NOTE—NEW LAW:SB 1(2021,2nd C.S.)amended Section 86.001 to provide that if the information required by Section 84.002(a)(1-a)included on the application does not identify the same voter identified
on the applicant's voter registration application,the clerk shall reject the application.(Sec.86.001(f)).If an application is rejected under Section 86.001(f),the clerk shall provide notice of the rejection.The
notice must include information regarding the ability to correct or add the required information through the online ballot by mail tracker described in Section 86.015(c).(Sec.86.001(f-1)).If the applicant
corrects the application for ballot by mail online and that application subsequently identifies the same voter identified on the applicant's voter registration application,the clerk shall provide a ballot to the voter.
(Sec.86.001(f-2)).
Wednesday,April 19,2023(17th day before election day)
Last day to publish notice of L&A test for voting systems or precinct scanners if test will be held on Friday,April 21,2023,if testing was not already completed by March 21,2023.Notice of the public L&A Test
must be published at least 48 hours before the test begins.(Secs.129.001,129.023).See Note 15,above.
NOTE-NEW LAW:SB 1(2021,2nd C.S.)provides that if logic and accuracy testing is being conducted for an election in which a county election board has been established under Section 51.002 of the
Texas Election Code,the general custodian of election records shall notify each member of the board of the test at least 48 hours before the date of the test.If the county election board chooses to witness the
test,each member shall sign the statement required for logic and accuracy testing.(Sec.129.023(b-2)).
Last day to post not€ce_(PDF)of places,days,and hours for voting at branch early voting polling place if voting is to begin at that location on the first day of early voting in person.The schedule may be
amended after the beginning of early voting by personal appearance to include notice of additional branch locations,but any amendment must be made and posted not later than the fifth day before voting
begins at the additional temporary branch.(Secs.85.062,85.067(c)and(d)).
NOTE—NEW LAW:SB 1(2021,2nd C.S.)amended Section 85.062 to provide that the location of temporary branch polling places in an election in which countywide polling places are used must be
determined with the same methodology that is used for the location of countywide polling places.
Friday,April 21,2023(15th day before election day)
Last day to conduct public L&A test of a voting system or precinct scanner.We highly recommend that this test is done on an earlier date to allow time for corrections to programming,if necessary.(See Note
15,above).Per Section 129.023,the L&A test shall be conducted not later than 48 hours before voting begins on such voting systems,assuming that the voting system will first be used for early voting in
person.
NOTE-NEW LAW:SB 1(2021,2nd C.S.)requires the general custodian of election records to demonstrate,using a representative sample of voting system equipment,that the source code of the equipment
has not been altered.(Sec.129.023(c-1)).See Rex_Sec'y of State Election Adyisory_No 2019_2_3.for more information on voting system procedures.
NEW LAW:Recommended date for a signature verification committee(if appointed)that has discovered a defect in a voter's carrier envelope to return the voted ballot in the carrier envelope to the voter.
(Sec.87.0271).
NOTE:If the committee determines that it would not be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day,the signature
verification committee may notify the voter of the defect by phone or email and inform the voter that the voter may cancel their mail ballot in accordance with Section 84.032 or come to the early voting clerk's
office in person not later than the sixth day after election day to correct the defect.(Sec.87.0271).See Note_18.
Monday,April 24,2023(12th day before election day;day before the last day to apply for a ballot by mail)First day to vote early in person.(Sec.85.001(e)).
NOTE—Voting by limited ballot must be done during the early voting period at the main early voting polling place(or by mail).(Sec.112.002(a)).
NOTE—NEW LAW:Political Subdivisions Other than Counties:Early voting in person at the main early voting polling place must be conducted for at least nine(9)hours each weekday that is not a legal
state holiday unless the political subdivision has fewer than 1,000 registered voters,in which case early voting in person must be conducted for at least four(4)hours per day.(Sec.85.005(b)).
NOTE—NEW LAW:Counties:Early voting in person must be conducted on each weekday of the early voting period that is not a legal state holiday and for a period of at least nine(9)hours,except that
voting may not be conducted earlier than 6:00 AM or later than 10:00 PM.(Sec.85.005(a)).
NOTE—NEW LAW:Cities:SB 1(2021,2nd C.S.)amended Section 85.005(d)to remove the provision that requires cities to choose two weekdays for the main early voting polling place location to be open
for at least 12 hours during the regular early voting period.(Sec.85.005).
NOTE—Independent School Districts:Despite the change in state law that allows an ISD to be closed on school holidays during the mandatory office hours period,you are required to be open during the
entire early voting period,except on legal state and national holidays.
NOTE—Joint Elections:If entities are conducting early voting by personal appearance jointly,we recommend a unified schedule covering all requirements;i.e.,no entity's requirements should be neglected
or subtracted as a result of a joint agreement.
NOTE—NEW LAW:SB 1(2021,2nd C.S.)amended Section 61.002 to provide that immediately before the opening of the polls on the first day of early voting and on election day,the presiding judge or
alternate judge shall confirm that the public counters on each voting machine are set to zero and shall print the tape that shows that there are zero votes for each candidate or measure on the ballot.Each
election judge and alternate judge shall sign the printed tapes.(Sec.61.002).
NOTE-NEW LAW:Temporary Branch Locations:Effective September 1,2021,the rules for temporary branch locations differ based on the population size of the county.See Note 12 for additional
information regarding temporary branch location days and hours.
First day a county with a population of 100,000 or more,or entities that are having joint elections or are contracting with such a county,may convene their early voting ballot board and begin processir 30
qualifying mail ballots;however,the mail ballots may not be counted until(i)the polls open on election day;or(ii)for a county with a population of 100,000 or more,or entities that are having joint elec
with such a county or who are conducting their election with such a county through a contract for election services,the end of the period for early voting in person.(Secs.87.0222,n7 n9x
clerk shall continuously post notice for 24 hours preceding each delivery of voting materials that is to be made before the time for opening the polls on election.(Sec.87.0222).NC
released until the polls close on election day. 02/14/2023 Item B.
NOTE—NEW LAW:HB 3107(2021,R.S.)clarified that if a county with a population of 100,000 or more is conducting an election through a contract for election services for a political subdivision in May of an
even-numbered year,the county's ballot board timeframes apply to the election.(Secs.87.0222,87.0241).
NOTE—The county clerk/elections administrator must ensure that photocopies or scanned images of annual applications for ballot by mail have been delivered to the early voting clerk of every political
subdivision holding an election before the ballots by mail are delivered to the early voting ballot board.
NOTE—NEW LAW:SB 1(2021,2nd C.S.)added Section 87.0411 to provide a procedure by which a voter can correct certain defects in their carrier envelope containing their voted ballot.Not later than the
second business day after an early voting ballot board discovers the defect and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041,the board shall:(1)
determine if it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day;and(2)return the carrier envelope to the voter
by mail,if the board determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day.If the board determines
that it would not be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day,the board may notify the voter of the defect by
phone or email and inform the voter that the voter may cancel their mail ballot in accordance with Section 84.032 or come to the early voting clerk's office in person not later than the sixth day after election
day to correct the defect.If the ballot board takes one of the actions described above,the board must take that action with respect to each ballot in the election that to which these options apply.(Sec.
87.0411).See Note 18,Tex.Secy of State Electon Advisory No.2022.08,Tex.Sect'of State Election Advisory No.2022 12.
Deadline to receive an FPCA without a postmark.If an FPCA(PDF)is received by this date without a postmark to prove mailing date,the early voting clerk will accept the FPCA and mail the applicant a full
ballot even if the applicant is not a permanently registered voter but meets the requirements under Title 2 of the Election Code(unless the voter marks the FPCA form indicating"my intent to return is
uncertain"(2019 form),or"my return is uncertain"(2017 form),in which case the voter receives a federal-only ballot).(Sec.101.0520)).See entry for Monday,April 17,2023.
Last day to notify election judges of duty to hold election(Writ_of Electio_n_(PDF)).Notice must be given by the 15th day before the election or the 7th day after the day the election is ordered,whichever is later.
The Writ of Election must be given to each presiding judge and include:
1.The judge's duty to hold the election;
2.The type and date of election;
3.The polling place location at which the judge will serve;
4.The polling place hours;and
5.The maximum number of clerks the judge may appoint.(Sec.4.007).
A voter who becomes sick or disabled on or after Monday,April 24,2023 may submit an application for a late ballot if the sickness or physical condition prevents the voter from appearing at the polling place
without the likelihood of needing personal assistance or of injuring his or her health.(Sec.102.001).See Application for Emergency Early Voting Ballot Due to Sickness or Physical Disability(PDF).An
application may be submitted after the last day of the period for early voting by personal appearance and before 5:00 PM on Election Day.(Sec.102.003).
Tuesday,April 25,2023(11th day before election day)
Last day to receive an FPCA(PDF)from a registered voter.If the voter is not registered in the county(and/or marked intent to return"not certain"),the voter is still eligible for a ballot containing federal offices
only.In a local(non-federal)election,this means there is no ballot to send the voter.(Secs.101.052(b),(f),114.004(c)).
Last day for early voting clerk to receive applications for a ballot to be voted by mail.(Sec.84.007(c)).All applications to vote by mail must be received by the early voting clerk before the close of regular
business or 12 noon,whichever is later.Applications to vote by mail must be submitted by mail,common or contract carrier,fax(if a fax machine is available in the office of the early voting clerk),or by
electronic submission of a scanned application with an original signature.The early voting clerk's designated email address must be posted on the Secretary of State's website.
If an ABBM is faxed or emailed or if an FPCA is faxed,then the applicant must submit the ORIGINAL application BY MAIL to the early voting clerk so that the early voting clerk receives the original no later
than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA.If the early voting clerk does not receive the original ABBM or FPCA by that deadline,then the emailed or faxed
ABBM or faxed FPCA will be considered incomplete,and the early voting clerk may NOT send the applicant a ballot.The requirement to mail the original application does not apply to an emailed FPCA.For
additional information on this law,please see Note 17,above.
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 101.001 of the Code regarding FPCA5.Effective September 1,2021,a member of the Texas National Guard or the National Guard of another state
or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders,or the spouse or
dependent of a member,may submit an FPCA.(Sec.101.001).
An applicant for a ballot to be voted by mail(ABBM or FPCA)may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the close of regular
business in the clerk's office on Tuesday,April 25,2023.(Sec.84.008).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 101.052 of the Code regarding FPCA5.Effective September 1,2021,an FPCA may be submitted by in-person delivery by the voter in accordance
with Section
84.008 of the Code or by common or contract carrier.Further,an application is considered submitted in the
following calendar year if:1)the applicant is eligible to vote in an election occurring in January or February of the next calendar year;and 2)the application is submitted in the last 60 days of a calendar year
but not earlier than the 60th day before the date of the January or February election.(Sec.101.052).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 84.008 of the Code to provide that an applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early
voting clerk if the application is submitted not later than the deadline provided by Section 84.007(c)of the Code.This means that effective September 1,2021,voters may now personally deliver their ABBM or
FPCA to the early voting clerk not later than the close of regular business in the early voting clerk's office or 12 noon,whichever is later,on the 11th day before election day(unless that day is a Saturday,
Sunday,or legal state or national holiday,in which case the last day is the first preceding regular business day.)
Note for Counties:Last day for county clerk/elections administrator to deliver final list of voters that have submitted an annual application for ballot by mail to political subdivisions located within the county
holding an election on May 6,2023,for which the county clerk/elections administrator is not the early voting clerk via a joint election agreement or contract for election services.(Sec.86.0015(c)).
NOTE for Counties:Deadline to file a petitlon_.(PDF)to require the county early voting clerk to conduct extended early voting on Saturday,April 29,2023.Notice of weekend vating_(P2E)must be posted
beginning no later than Wednesday,April 26,2023,and continuing through Friday,April 28,2023.(Secs.85.006(d),85.007(c)).
Wednesday,April 26,2023(10th day before election day)
Last day of period during which notice of election must be published if method of giving notice is not specified by a law outside the Election Code and publication is the selected method of giving notice.(Sec.
4.003(a)(1)).The notice of election ordered by the governor or by an authority of a city or school district must be given by publication in a newspaper,in addition to any other method specified.(Secs.4.003(c)
and(d)).
NOTE:The election notice shall be posted on the political subdivision's website,if the political subdivision maintains a website.
Last day to mail a copy of the notice of election to each registered voter of the territory that is covered by the election and is in the jurisdiction of the authority responsible for giving notice if method of giving
notice is not specified by a law outside the Election Code and this method of giving notice is selected.(Sec.4.003(a)(3)).
Last day to post notice(PDF)of the precinct's consolidation and the location of the polling place in the consolidated precinct for each precinct that is combined to form a consolidated precinct under Section
42.008.This notice must be posted at the polling place used in the preceding general election and must remain posted continuously through election day.(Sec.4.003(b)).
Counties—Weekend Early Voting Hours—Notice Requirement Last day to post notice on bulletin board used for posting notice of meetings of the commissioners court,if early voting will be cond 31
Saturday,April 29,2023.(Sec.85.007).Notice must be posted at least 72 hours before early voting begins on a Saturday or Sunday.Notice(including the days and hours of early voting)must also be
to the political subdivision's website,if one is maintained.
NOTE for Counties:If the county election officer on her/his own motion by written order orders early voting on Saturday or Sunday OR if the county election officer orders Saturd< 02/14/2023 Item B.
being petitioned to do so by at least 15 registered voters,such voting need not be included in the regular order or notice of the election.(Secs.85.006(b),(d)and 85.007(b),(c)).
NOTE—NEW LAW:All Political Subdivisions,Except Counties:SB 1(2021,2nd C.S.)provides that in an election in which a city secretary is the early voting clerk,voting on any Saturday or
Sunday must be included in the order and notice of election.City secretaries no longer have the authority to order Saturday or Sunday early voting 72 hours immediately preceding the first hour that voting will
be conducted.However,the city must have early voting on Saturday or Sunday,if a written request(PDF)is received from at least 15 registered voters of the political subdivision prior to the election being
ordered.(Secs.85.006,85.007).
NOTE for Counties:Deadline to file a petition(PDF)to require the county early voting clerk to conduct extended early voting on Sunday,April 30,2023(Sec.85.006(d)).Notice_of weekond_v_oting_(PDF)must
be posted beginning no later than Thursday,April 27,2023,and continuing through Saturday,April 29,2023.(Sec.85.007(c)).
Thursday,April 27,2023(9th day before election day)
Counties—Weekend Early Voting Hours—Notice Requirement:Last day to post notice on bulletin board used for posting notice of meetings of commissioners court,if early voting will be conducted on
Sunday,April 30,2023.(Sec.85.007).Notice must be posted at least 72 hours before early voting begins on a Saturday or Sunday.Notice(including the days and hours of early voting)must also be posted to
the political subdivision's website,if one is maintained.
May
Monday,May 1,2023(5th day before election day,day before last day of early voting,4th business day after the deadline to apply for a ballot by mail)
A voter is eligible to vote a late ballot if they will be out of the county of residence on election day due to a death in the immediate family(related within 2nd degree of consanguinity or affinity)that occurs on or
after this day.The voter may submit the Application for Emergency Early Ballot Due to Death in Family(PDF)starting Wednesday,May 3,2023(the day after early voting in person ends).(Secs.103.001,
103.003(b)).An application may be submitted after the last day of the period for early voting by personal appearance and before the close of business on the day before election day.(Sec.103.003).
Deadline for the early voting clerk to receive,by mail,the original of an ABBM that was faxed or emailed or an FPCA that was faxed on the deadline to apply for a ballot by mail,Tuesday,April 25,2023.
A voter who faxed or emailed their ABBM or faxed their FPCA must mail the original to the early voting clerk so that the early voting clerk receives the original no later than the 4th business day after
receiving the emailed or faxed ABBM or faxed FPCA.For more information,see the entry under Tuesday,April 25,2023 and Note 17.
Last day to publish notice(PDF)of public test of automatic tabulating equipment,if test will be held on Wednesday,May 3,2023,and testing was not already completed.The public notice of the test of
automatic tabulating equipment must be published at least 48 hours before the test begins.(Sec.127.096).
Tuesday,May 2,2023(4th day before election day)
Last day to vote early by personal appearance.(Sec.85.001(e)).
5:00 PM—Deadline to submit a Request for Election inspectors(PDF)for election day,Saturday,May 6,2023 to the Secretary of State.(Sec.34.001).
Early voting clerk must post Notice afi Deli_v_ery of_EarlyVoting Balloting_Materials_(PDF)to the early voting ballot board if materials are to be delivered to the board on Wednesday,May 3,2023.Notice must be
posted continuously for 24 hours preceding each delivery to the board.(Secs.87.0221,87.0222,87.023,87.024,87.0241).
The Notice of Delivery of Early Voting Balloting Materials serves as notice of the convening of the early voting ballot board.Your entity should also post notice every time the early voting ballot board
reconvenes.
Wednesday,May 3,2023(3rd day before election day;day after early voting in person ends)
Counties with a population of 100,000 or more(or local subdivisions conducting a joint election with such a county or conducting an election through a contract for election services with such a county):
First day those counties and political subdivisions may convene their early voting ballot board and begin counting ballots;however,the results may not be announced until after the polls close.(Secs.
87.0222,87.0241).
NOTE-If a county with a population of 100,000 or more(or a local subdivision conducting a joint election with such a county or conducting an election through a contract for election services with such a
county)is convening their early voting ballot board early to begin counting ballots,the test of the tabulation equipment will need to be completed at least 48 hours before the equipment is used to count
ballots.(Secs.87.0222,87.0241,127.096).
Counties with a population less than 100,000(or local subdivisions who are NOT conducting a joint election with a county with a population of 100,000 or more or conducting an election through a contract
for election services with such a county):
First day those counties and political subdivisions may convene their early voting ballot board for processing and qualifying mail ballots,but cannot begin counting the ballots until the polls open on election
day.The early voting clerk shall continuously post notice for 24 hours preceding each delivery of voting materials that is to be made before the time for opening the polls on election day.(Secs.87.0221,
87.023,87.024,87.0241).See Notice of Delivery_of Early Vot lloting Materials(PDF).
NOTE-The county elections officer must ensure that photocopies or electronic recordings of annual applications for ballot by mail have been delivered to the early voting clerk of every political subdivision
holding an election before the ballots by mail are delivered to the early voting ballot board.
NOTE—NEW LAW:SB 1(2021,2nd C.S.)added Section 87.0411 to provide a procedure by which a voter can correct certain defects in their carrier envelope containing their voted ballot.Not later than the
second business day after an early voting ballot board discovers the defect and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041,the board shall:(1)
determine if it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day;and(2)return the carrier envelope to the voter
by mail,if the board determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day.If the board determines
that it would not be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day,the board may notify the voter of the defect by
phone or email and inform the voter that the voter may cancel their mail ballot in accordance with Section 84.032 or come to the early voting clerk's office in person not later than the sixth day after election
day to correct the defect.If the ballot board takes one of the actions described above,the board must take that action with respect to each ballot in the election that to which these options apply.(Sec.
87.0411).See Note
First day to submit an Application for Emergency Early Ballot Due to Death in Family(PDF)to vote a late ballot because of a death in the immediate family that occurred on or after Monday,May 1,2023,and
will require absence from the county on election day.(Secs.103.001,103.003(b)).
Last day to conduct public test of automatic tabulation equipment.Per Section 127.093,the test shall be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in
an election and was not previously tested.We highly recommend that this test is done on an earlier date to allow time for corrections to programming,if necessary.(See Note_ 15,above).
Friday,May 5,2023(day before election day)
Last day to submit an Application for Emergency Early Ballot Due to Death in Family(PDF).The application must be submitted by the close of business on this day.(Sec.103.003(b)).
Last day for early voting clerk to mark the precinct list of registered voters with a notation beside each name of voter who voted early,and deliver list to election judges.The early voting clerk must also deliver
the precinct early voting list.(Sec.87.122).This may be delivered electronically if your county is using an e-pollbook.
Delivery of Provisional Ballots and Forms:If the voter registrar wants to take possession of the provisional ballots and forms on election night,the voter registrar must inform the custodian of the el 32
records and post allot[ceof Election Night Transfer(PDE)no later than Friday,May 5,2023,24 hours before election day.(1 T.A.C.§81.174(d)(3)).However,under this type of delivery,the county vo,,,
registrar must go to the office of the custodian of election records and pick up the provisional ballots and forms.
NOTE:Thegeneral custodian of election records(or the earlyvotingclerk,if applicable)must alsopost a Notice of Delivery of Provisional Ballots PDF at least 24 hours before dt 02/14/2023 Item B.
pP ) rY (PDF)
81.174(b)(1)).
NOTE FOR MAY 2024 ELECTION:Chapter 2051 of the Government Code requires any political subdivision with the authority to impose a tax that maintained a publicly available Internet website at any time
on or after January 1,2019,to post on that website the requirements and deadline for filing for candidacy of each elected office of the political subdivision continuously for one year before the election day for
that office.See Tex.Sec'y of State Election Advisory No.2019-19.
Saturday,May 6,2023(Election Day)
7:00 AM—7:00 Polls open.(Sec.41.031).
PM Voter registrar's office is open.(Sec.12.004(c)).
Early voting clerk's office is open for early voting activities.(Sec.
83.011).A voter may deliver a marked ballot by mail to the early voting
clerk's office while the polls are open on election day.The voter must
provide an acceptable form of identification under Section 63.0101
upon delivery.The identification procedure is the same as that used
for personal appearance voting.(Secs.63.0101,86.006).
A voter may vote at the main early voting polling place if electronic
voting systems are used at regular polling place(s)on election
day and the voter has a sickness or physical condition that prevents
the voter from voting in the regular manner without personal
assistance or a likelihood of injuring the voter's health.(Secs.
104.001,104.003).However,if the early voting ballots by mail are
processedat a location other than the main early voting polling place,
the early voting clerk may require the voting to be conducted at that
location.(Sec.104.003).
5:00 PM Deadline for receiving Application for Emergency Early Voting Ballot
Doe to Sickness or Physical Disability(PDF)for late ballots to be
voted by persons who became sick or disabled on or after Monday,
April 26,2023.(Sec.102.003(b)).
7:00 PM Regular deadline for receiving early voting ballots by mail.BUT
see entry for
Monday,May 8,2023 on"late domestic ballots,"entry for
Thursday,May 12,2023,and entry for Friday,May 12,2023 on
other"late"ballots.
This is also the deadline for receiving late ballots cast by voters who',
became sick or disabled on or after Monday,April 26,2023.(Secs.
86.007(a),102.006(c)).
NOTE—NEW LAW:SB 1(2021,2nd C.S.)amended Section 61.002 to provide that immediately before the opening of the polls on election day,the presiding judge or alternate judge shall confirm that the
public counters on each voting machine are set to zero and shall print the tape that shows that there are zero votes for each candidate or measure on the ballot.Immediately after the closing of the polls on
election day,the presiding judge or alternate judge shall print the tape to show the number of votes cast for each candidate or measure.Each election judge and alternate judge shall sign the printed tapes.
(Sec.61.002).
NOTE—NEW LAW:SB 1(2021,2nd C.S.)requires the presiding judge of the central counting station to provide and attest to a written reconciliation(PDF)of votes and voters at the close of tabulation for
election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots.(Sec.127.131).
NOTE:Receipt of Mail Ballots:All early voting ballots sent by mail from inside the United States that are received by 7:00 PM on election day,May 6,2023,must be counted on election night.If the carrier
envelope does not bear a cancellation mark or a receipt mark,the ballot must arrive before the time the polls are required to close on election day.(Sec.86.007(a)(1)).If the early voting clerk cannot
determine whether a ballot arrived before that deadline,the ballot is considered to have arrived at the time the place at which the carrier envelopes are deposited was last inspected for removal of returned
ballots.(Sec.86.007(b)).The early voting clerk must check the mailbox for early voting mail ballots at least once after the time for regular mail delivery.(Sec.86.007(b)).
NOTE:An early voting mail ballot that is not received by 7:00 pm on election day may not be counted unless the ballot may be counted late,which applies to late domestic ballots(Sec.86.007(a)(2)),ballots mailed
from outside the United States(Sec.86.007(d)),and ballots from members of the armed forces and merchant marine of the United States,Texas National Guard or the National Guard of another state or members
of the Reserves,as well as their spouses and dependents(Sec.101.057).See entry for Monday,May 8,2023 on"late domestic ballots,"entry for Thursday,May 11,2023,and entry for Friday,May 12,2023 on other
"late"ballots.See Tex.Sec'y of State Election Advisory No.2018-02.
NOTE:Delivery of Early Voting by Personal Appearance and Mail Ballots:The early voting clerk delivers the voted ballots,the key to the double-locked ballot box,etc.,to the early voting ballot board at
the time or times specified by the presiding judge of the early voting ballot board,during the hours the polls are open or as soon after the polls close,as practicable.(Secs.87.021,87.022).The custodian of
the key to the second lock of the double-locked early voting ballot box delivers his or her key to the presiding judge of the early voting ballot board on request of the presiding judge.(Secs.85.032(d),87.025).
The custodian is the chief of police or city marshal for city elections,the constable of the justice precinct in which the office of the political subdivision governing body's main office is located(or the sheriff,if
there is no constable)for an election ordered by an authority of a political subdivision other than a county or city,and the sheriff for an election ordered by the Governor or a county authority.(Sec.66.060).If
ballots are to be delivered before election day,the early voting clerk must post notice at least 24 hours before each delivery at the main early voting polling place.Form AW6-6(PDF)
Note on Delivery of Early Voting Ballot to Early Voting Ballot Board Before Election Day:Early voting ballots may be delivered to the early voting ballot board at any time after early voting by personal
appearance ends.Mail ballots may be qualified and processed(signatures verified,carrier envelopes opened,and the secrecy envelope containing the ballot placed in a secure location),but they may not be
counted until election day.(Secs.87.0221,87.0222,87.023,87.024,87.0241).If ballots are to be delivered before election day,the early voting clerk must post notice at least 24 hours before each delivery at
the main early voting polling place.Form AVV6:6(PEF)
Exception:Counties with a population of 100,000 or more,or entities that are having joint elections with counties with a population of 100,000 or more or who are conducting an election
through a contract for election services with such a county,may process the mail ballots(i.e.,qualify,and acceptor reject,but not count)as early as the 8th day before the end of the early
voting period;in such an election,votes may be counted no earlier than the end of the period for early voting by personal appearance;the results may not be released until the polls close on
election da y.(Secs.87.0221,87.0222,87.023,87.024,87.0241(b),87.042).If ballotsare to be delivered before Election Day,the early voting clerk must post notice(PDF)at least 24 hours before
each delivery at the main early voting polling place.(Secs.87.0221(b),87.023(b),87.024(b)).
NOTE—NEW LAW:SB 1(2021,2nd C.S.)amended Section 127.1232 to provide that in counties with a population of 100,000 or more(or political subdivisions contracting with a county with a population of
100,000 or more),the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots:(1)from the time the voted ballots are
delivered to the central counting station until the canvass of the precinct election returns;and(2)from the time the voted ballots are delivered to the signature verification committee or early voting ballot board
until the canvass of precinct election returns.Video from the surveillance system shall be made available to the public by live stream.The recorded video is considered an election record and shall be retained
by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved,whichever is later.(Sec.127.1232).
NOTE:Manual Examination of Ballots Before Processing on Automatic Counting Equipment:The central counting station manager shall direct the manual examination of all electronic voting s) 33
ballots to ascertain whether the ballots can be processed in the usual manner or if the ballots need to be duplicated to clearly reflect the voter's intent.(Sec.127.125).
NOTE:Testing of Tabulating Equipment:The second test of automatic tabulating equipment used for counting ballots at a central counting station must be conducted immediat. - - - - - •• -
ballots with equipment begins.The third test must be conducted immediately after the counting is completed.(Secs.127.093,127.097,127.098).
02/14/2023 Item B.
Transfer of Provisional Ballots to Voter Registrar on Election Night:The county voter registrar may take possession of the ballot box(es)or transfer case(s)containing the pro. . . .. • •
provisional ballot affidavits when DRE systems are used)on election night(instead of on the next business day)by informing the custodian of election records and posting a notice of such election night
transfer no later than 24 hours before election day.Under this type of delivery,the voter registrar must go to the office of the custodian and pick up the ballot box(es)or transfer case(s)and associated forms.
(Sec.65.052;1 T.A.C.§§81.172—81.174&81.176)_Form AW13-19(PDF)
After the polling place is officially closed and the last person has voted,the presiding judge may from time to time make an unofficial announcement of the total number of votes counted for each candidate
and/or for or against each proposition in the order that they appear on the ballot.(Sec.65.015(a)).The announcement shall be made at the entrance to the polling place.(Sec.65.015(c)).
NOTE:The authority conducting the election may require or prohibit such announcements.(Sec.65.015(b)).Unofficial election results must be released by the central counting station as soon as they are
available after the polls close,but the presiding judge of the central counting station,in cooperation with the county election officer,may choose to withhold the release of vote totals until the last voter has
voted.(Sec.127.1311).
NOTE:Precinct election returns are delivered to the appropriate authorities after completion.(Secs.66.053(a),127.065,127.066,127.067).
Last day to post notice of governing authority's meeting to canvass returns of election if canvass is to take place on Tuesday,May 9,2023(3rd day after election).(Sec.67.003(b)).This notice must be posted
at least 72 hours before the scheduled time of the meeting.(Secs.551.002,551.041,551.043,Texas Government Code).
NOTE-Section 67.003 provides that,except as provided by Section 67.003(c),each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's
presiding officer not later than the 11th day after election day and not earlier than the later of:
1.the third day after election day;
2.the date on which the early voting ballot board has verified and counted all provisional ballots,if a provisional ballot has been cast in the election;or
3.the date on which all timely received ballots cast from addresses outside of the United States are counted,if a ballot to be voted by mail in the election was provided to a person outside of the United
States.
Counties,Cities,and School Districts:NEW LAW:SB 1116(2021,R.S.)amended Chapter 65 of the Election Code by adding Section 65.016 of the Code regarding election results information which must
be posted on county,city,and school district websites.A county that holds an election or provides election services for an election for a public entity must post certain information regarding election results on
their website after the election.A city or independent school district that holds an election and maintains an Internet website must also post certain information on their website related to election results,even
if the county is also posting.All entities must post the required information as soon as practicable after the election.The required information includes:
1.the results of each election;
2.the total number of votes cast;
3.the total number of votes cast for each candidate or for or against each measure;
4.the total number of votes cast by personal appearance on election day;
5.the total number of votes cast by personal appearance or mail during the early voting period;and
6.the total number of counted and uncounted provisional ballots cast.(Sec.65.016).
Monday,May 8,2023(1st business day after election day)
5:00 PM—Deadline to receive"late domestic ballots"mailed within the United States from non-military voters and from any military voters who submitted an Application for Ballot by Mail("ABBM")
(not a Federal Postcard Application—"FPCA"),if the carrier envelope was placed for delivery by mail or common or contract carrier AND bears a cancellation mark of a postal service or a receipt mark of a
common or contract carrier or a courier indicating a time not later than 7:00 PM at the location of the election on election day,May 6,2023.(Secs.86.007,101.057 and 101.001).A late domestic ballot cannot
be counted if it does not bear a cancellation mark or a receipt mark.
NOTE:Because of the deadline to receive"late domestic ballots,"it is imperative that you check your mail at 5:00 PM.
NOTE:Section 86.007 provides that a marked ballot voted by mail that a voter received due to submitting an ABBM may arrive at the address on the carrier envelope not later than 5:00 PM on the
day after election day,if the carrier envelope was placed for delivery by mail or common or contract carrier from within the United States and bears a cancellation mark of a postal service or a receipt mark of
a common or contract carrier or a courier from not later than 7:00 PM at the location of the election on election day.
NOTE:This deadline does not apply to ballots sent by non-military voters who are overseas but who applied for a ballot using an ABBM or FPCA;these voters have until the 5th day after election day to
return their ballots(or the next business day if the 5th day falls on a weekend or legal state or federal holiday).This deadline also does not apply to ballots mailed(domestically or from overseas)by certain
members of the military who applied for a ballot using an FPCA,as well as members of the Texas National Guard or the National Guard of another state,or members of the Reserves,as well as their spouses
and dependents;those voters have until the 6th day after election day to return their ballots.See the entry for Thursday,May 11,2023,and the entry for Friday,May 12,2023.
Unless the county voter registrar has already taken possession of the provisional ballots prior to this date,the general custodian of election records must deliver the ballot box(es)or transfer case(s)containing
the provisional ballots(or provisional ballot affidavits when DRE systems are used),along with the Summary of Provisional Ballots and the List of Provisional Voters for each precinct to the voter registrar by
this day.The general custodian of election records makes this delivery to the voter registrar during the voter registrar office's regular business hours.(Secs.65.052,65.053;1 T.A.C.§§81.172—81.174&
81.176).
NOTE:Political Subdivisions Located in More than One County:A political subdivision will have to make delivery of the provisional ballots and forms to the county voter registrar in each county in which
the political subdivision is located.(1 T.A.C.§§81.172—81.174).
NOTE:If the county voter registrar wants to take possession of the provisional ballots and forms on election night(Saturday,May 6,2023),the county voter registrar must inform the custodian of the election
records and post a notice of the transfer no later than 24 hours before Election Day.However,under this type of delivery,the county voter registrar must go to the office of the custodian of election records and
pick up the provisional ballots and forms.Also,note that the county voter registrar may take possession of provisional ballots prior to election night if ballots are kept separate and may be provided without
unlawful entry into ballot box.(1 T.A.C.§§81.172—81.174).
Tuesday,May 9,2023(3rd day after election day)
Last day to begin the partial manual count for entities using electronic voting systems for the counting of ballots.This is the last day to begin manual recount of ballots in three precincts or one percent of
precincts,whichever is greater.(Sec.127.201(a),(g)).The count must be completed not later than the 21st day after election day.Results of the manual count must be delivered to Secretary of State not later
than the 3rd day after the manual count is completed.(Sec.127.201(e)).No partial manual count needs to be done of ballots cast on DRE voting machines,but partial manual count must be completed for
mail ballots.(Sec.127.201(g)).
NOTE:For information on how to begin the partial manual count,please see To Seely_of State Election AdvisoryNo.2018-30.
The first possible day to conduct official local canvass of returns by governing authority of the political subdivision.However,the canvass may not be conducted until the ballot board has verified and
counted all provisional ballots,if a provisional ballot has been cast in the election,AND counted all timely received mailed domestic ballots cast from addresses within the United States,and all timely
received mailed ballots cast from addresses outside the United States.(Secs.67.003 and 86.007).Notice of canvass must be posted at least 72 hours continuously before the canvass is conducted.
NOTE:If a recount petition has been filed and a winning candidate's race is involved in the recount,the certificate of election cannot be issued for that race until the recount has been completed.(Secs.
67.016,212.0331).
Cities,Schools,and Other Political Subdivisions:First day that newly-elected local officers may qualify and assume the duties of their offices.Please note that the canvass must have been
completed before an officer can assume office.(Sec.67.016).If a political subdivision was able to cancel its election,this is the first day its elected officials can be issued a certificate of election and
oath of office.(Secs.2.053(e),67.003,67.016).For information on who can administer an oath,please see Chapter 602 of the Government Code. 34
NOTE:This does not apply to officers of a Type A general law city,who cannot qualify until the 6th day after election day.See entry on Friday,May 12,2023.
Thursday,May 11,2023(5th day after election day) 02/14/2023 Item B.
Last day to receive ballots from non-military and any military voters casting ballots from outside of the United States,who submitted an ABBM(not an FPCA)AND who placed their ballots in delivery by
7:00 PM on election day,Saturday,May 6,2023,as evidenced by a postal service cancellation mark or a receipt mark of a common or contract carrier or a courier.(Secs.86.007,101.057,101.001).A late
overseas ballot sent by a voter who applied for a ballot using an ABBM(not a military FPCA)cannot be counted if it does not bear a cancellation mark or a receipt mark.(Sec.86.007(c),(e),(f)).For military
voters casting ballots who submitted an FPCA,please see entry for Friday,May 12,2023.
NOTE:Section 86.007 provides that a marked ballot voted by mail from outside of the United States by a voter who received the ballot due to submitting an ABBM is considered timely if it is received at the
address on the carrier envelope not later than the fifth day after the date of the election.Further,the delivery is considered timely if the carrier envelope or,if applicable,the envelope containing the carrier
envelope is properly addressed with postage or handling charges prepaid and bears a cancellation mark of a recognized postal service or a receipt mark of a common or contract carrier or a courier indicating
a time by 7:00 PM on election day.
Last day to receive ballots from non-military voters casting ballots from overseas,who submitted an FPCA,AND who placed their ballots in delivery by 7:00 PM on election day,Saturday,May 6,2023.
(Sec.86.007(d)and(e)).
Friday,May 12,2023(6th day after election day)
First day that newly elected officers of Type A general law city may qualify and assume duties of office(per Sec.22.006,Local Government Code),but see NOTE,below.
Council members may take office anytime following the canvass.Section 22.006 of the Texas Local Government Code states that a newly-elected municipal officer of a Type A city may exercise the
duties of office beginning the fifth day after the date of the election,excluding Sundays.However,no newly elected official may qualify for office before the official canvass of the election has been
conducted(or would
have been conducted,in the event of a cancelled election).Section 22.036 of the Texas Local Government Code further requires that the newly-elected governing body of the municipality"meet at the usual
meeting place and shall be installed."
If a recount petition has been filed and a winning candidate's race is involved in the recount,the certificate of election cannot be issued for that race until the recount has been completed.
(Secs.67.016,212.0331).
NOTE:If a Type-A municipal officer-elect fails to qualify for office within 30 days after the date of the officer's election,the office is considered vacant.(Sec.22.007,Local Government Code).See Monday,
June 5,2023 entry.
Last day to receive carrier envelopes mailed domestically(within the United States)OR overseas from voters who submitted a FPCA AND who are members of the armed forces of the United States,or
the spouse or a dependent of a member of the armed forces,members of the merchant marines of the United States,or the spouse or a dependent of a member of the merchant
marine,members of the Texas National Guard,or the spouse or a dependent of a member of the Texas National Guard,a member of the National Guard of another state,or the spouse or a dependent of a
member of the National Guard of another state,or members of the Reserves,or the spouse or a dependent of a member of the Reserves.(Secs.101.057 and 101.001).
NOTE-Section 101.057 provides that carrier envelopes mailed domestically or overseas from certain military voters(members of the armed forces of the United States,or the spouse or a dependent of a
member of the armed forces,members of the merchant marines of the United States,or the spouse or a dependent of a member of the merchant marine,members of the Texas National Guard,or the spouse
or a dependent of a member of the Texas National Guard,a member of the National Guard of another state,or the spouse or a dependent of a member of the National Guard of another state,or members of
the Reserves,or the spouse or a dependent of a member of the Reserves)who submitted a Federal Post Card Application(FPCA)may arrive on or before the 6th day after election day.(Secs.86.007,
101.057 and 101.001).
NOTE:The carrier envelope or,if applicable,the envelope containingthe carrier envelope sent by the military members listed above who applied to vote by mail using the FPCA does NOT need
to bear a cancellation or receipt mark in order to be counted.
Deadline for ID related provisional voter to:(1)present acceptable photo identification to county voter registrar;or(2)if the voter does not possess and cannot reasonably obtain acceptable photo
identification,follow the Reasonable Impediment Declaration procedure at the county voter registrar's office;or(3)execute an affidavit relative to"natural disaster"or"religious objection"in presence of county
voter registrar,if applicable;or(4)qualify for the disability exemption,if applicable,with the county voter registrar.(Secs.65.054,65.0541).
Deadline for voter registrar to complete the review of provisional ballots.(1 T.A.C.§81.175(a)(1)).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 65.052 of the Code to provide that,for the general election for state and county officers,the voter registrar will now have 10 days to review a
provisional voter's eligibility.Please note this extended deadline does not apply to the May uniform election.(Sec.65.052).
NOTE—NEW LAW:SB 1(2021,2nd C.S.):Last day a voter may come to the early voting clerk's office in person to correct certain defects on their carrier envelope.(Secs.87.0271,87.0411).See Note 18.
Monday,May 15,2023(9th day after election day)
Deadline for custodian of election records or presiding judge of the early voting ballot board to retrieve provisional ballots from county voter registrar.(Sec.65.051(a)).
Last day for early voting ballot board to convene to qualify and count:
1.any late domestic ballots(from non-military and from any military voters who submitted an ABBM))that bear a cancellation mark or receipt mark indicating they were placed for delivery by mail or
common or contract carrier not later than 7:00 PM on election day,May 6,2023,and were received not later than 5:00 PM on the first business day after election day,Monday,May 8,2023.(Secs.
86.007(a)&(d-1),87.125(a)).
2.any late ballots that were submitted from outside the United States by voters who applied for the ballot using an ABBM or by non-military voters who applied for the ballot using an FPCA,and which
were received by the 5th day after election day,Thursday,May 11,2023.(Secs.86.007(d),87.125(a)).
3.any ballots received by the 6th day after election day,Friday,May 12,2023,from voters who are members of the armed forces of the United States,or the spouse or a dependent of a member of the
armed forces,members of the merchant marines of the United States,or the spouse or a dependent of a member of the merchant marine,members of the Texas National Guard,or the spouse or a
dependent of a member of the Texas National Guard,a member of the National Guard of another state,or the spouse or a dependent of a member of the National Guard of another state,or members
of the Reserves,or the spouse or a dependent of a member of the Reserves,and who applied for a ballot using an FPCA.(Secs.101.057,87.125(a)).
4.any provisional ballots that have been reviewed by the voter registrar.(Sec.65.051(a)).
5.any ballots by mail that had a defect on their carrier envelope that was corrected by the voter. (Secs.87.0271,87.0411). See Note 18.
NOTE:Ballots that do not qualify under 1-3 above should be treated as ballots not timely returned and should not be delivered to the ballot board.
NOTE:If the early voting ballot board needs to meet after this date,it will require a court order to do so
The time the board reconvenes is set by the presiding judge of the early voting ballot board.(Secs.86.007(d),87.125).
NOTE-NEW LAW:HE 3107(2021,R.S.)amended Chapter 65 of the Election Code by adding Section 65.0581 to provide that provisional voting records do not become public information until after the
provisional ballots and other voting records have been delivered back to the custodian of election records.(Sec.65.0581).
NOTE—NEW LAW:SB 1(2021,2nd C.S.)requires the presiding judge of the central counting station to provide and attest to a written_reconciiietian(PDF)of votes and voters at the close of tabulation for
election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots.(Sec.127.131).
35
Tuesday,May 16,2023(10th day after election day)
The presiding judge of the EVBB shall mail a Notice of Rejected_Ballot_(PDF)to voters whose mail ballots were rejected no later than the 10th day after election day or as soon as
when the EVBB last convenes.(Sec.87.0431).
02/14/2023 Item B.
Wednesday,May 17,2023(11th day after election day)
Last day for official canvass of returns by the governing body of the political subdivision.(Sec.67.003).
NOTE:If a recount petition has been filed and a winning candidate's race is involved in the recount,the certificate of election cannot be issued for that race until the recount has been completed.(Secs.
67.016,212.0331).
Sunday,May 21,2023(15th day after election day)
Election records from the May 6,2023 election must be available in an electronic format no later than this day,for a fee of not more than$50.00.(Sec.1.012(e)).
NOTE:For information on when voted ballots may be inspected and produced,please see Texas Attorney General Opinion No_KP-0411_(P)F).You should also consult with your county attorney(or attorney
for your local political subdivision)and any records management officers from your local entity when responding to public information requests.Additionally,the OAG has a hotline you can call for questions
related to open government issues,including the Public Information Act.That number is(877)OPEN-TEX(673-6839).
Monday,May 29,2023—Monday,July 3,2023(20th day after the canvass through the 47th day after the canvass;23rd day after election day;12th day after last canvass date)
Possible period for runoff election,depending on the date of the official canvass unless a charter provides for a later date.If Monday,May 29,2023(Memorial Day)is the first possible day,it does not move,
since it is not the last possible day to hold a runoff election.If the 45th day is Saturday,July 1,2023,that deadline will move to the next regular business day,Monday,July 3,2023,under Section 1.006.
NOTE:The order of the names on the runoff ballot should be in the same relative order as they appeared on the general election ballot,so no ballot drawing is required for the runoff ballot.(Sec.52.094).
Tuesday,May 30,2023(24th day after election day;extended from 21st day,Saturday,May 27,2023,Sec.1.006)
Last day for the presiding judge of the early voting ballot board to mail Notice of Outcome to Provisional Voter(PDF)to provisional voters,if the canvass was held on Wednesday,May 17,2023.Such notices
must be delivered to provisional voters by the presiding judge no later than the 10th day after the local canvass.(The deadline falls on Saturday,May 27,2023,and is extended to Tuesday,May 30,2023
under Section 1.006.)(Sec.65.059;1 T.A.C.§81.176(e)).
Last day to complete the partial manual count,which is first business day after the 21st day after the election.(Secs.1.006,127.201(a)).
June
Monday,June 5,2023(30th day after election day)
If a Type A municipal officer-elect fails to qualify for office within 30 days after the date of the officer's election,the office is considered vacant.(Sec.22.007,Local Government Code).
Last day to file electronic precinct-by-precinct returns with the Secretary of State.(Sec.67.017).
NOTE-Local political subdivisions no longer have to submit this information to the Secretary of State.
Last day for the general custodian of election records to electronically submit to the Secretary of State the record of each voter participating in the election.(Sec.18.069).
NOTE-NEW LAW:HB 3107(2021,R.S.)amended Section 18.069 of the Code by changing who is responsible for submitting voter history to the Secretary of State from the voter registrar to the general
custodian of election records(early voting clerk).(Sec.18.069).
Thursday,June 15,2023(40th day after election day)
Last day of the period for mandatory office hours.See entry for Friday,March 17,2023.(Sec.31.122).
July
Thursday,July 6,2023(61st day after election day)
First day that ballot box(es)may be unlocked and its voted ballots may be transferred to another secure container for the remainder of the preservation period.(Sec.66.058(b)).
NOTE:For information on when voted ballots may be inspected and produced,please see Texas Attorney General Opinion No.KP-0411(PDF).You should also consult with your county attorney(or attorney
for your local political subdivision)and any records management officers from your local entity when responding to public information requests.Additionally,the OAG has a hotline you can call for questions
related to open government issues,including the Public Information Act.That number is(877)OPEN-TEX(673-6839).
NOTE-For guidance on retention of electronic voting system media please see Tex.Sec'y of State Election Advisory No.2019-23.
2024-2025
Monday,January 1,2024(1st day after the end of the calendar year in which the election was held)
First day that surveillance video of areas containing voted ballots from the May 6,2023 election may be destroyed IF there is no unresolved election contest.
NEW LAW:SB 1(2021,2nd C.S.):amended Section 127.1232 to provide that in counties with a population of 100,000 or more(or political subdivisions contracting with a county with a population of 100,000
or more),the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots:(1)from the time the voted ballots are delivered to the
central counting station until the canvass of the precinct election returns;and(2)from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the
canvass of precinct election returns.Video from the surveillance system shall be made available to the public by live stream.The recorded video is considered an election record and shall be retained by the
general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved,whichever is later.(Sec.127.1232).
Friday,March 7,2025(day after 22 months after May 6,2023 election day)
Contents of ballot box(es)may be destroyed IF no contest or criminal investigation has arisen(Secs.1.013,66.058),and IF no open records request has been filed(Tex.Atty.Geri.ORD-505(1988))_
All election records must be preserved for 22 months from election day,even when there is no federal office on the ballot.(Sec.66.058).
Notable Exceptions:
Permanent Records:Election results must be permanently maintained in the election register.(Sec.67.006).
Electronic Voting Systems:See advisories on our website for preservation procedures for electronic voting systems.(See Tex,Sec'y_of State_Election Advisory Na.2019-23)
Wednesday,May 7,2025(day after Two Years after May 6,2023 election day) 36
NOTE:Retention of Voter Registration List:County voter registrar must maintain copy of each voter list prepared for each countywide election for 2 years(24 months)after ele^+i^^ ni I
NOTE:Retention of Candidate Applications:Candidate applications must be retained bythe governingbodyfor twoyears after date of election.(Sec.141.036. 02/14/2023 Item B.
pp Pp )
37
02/14/2023 Item C.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Finance Account Code: See Exhibit A
Prepared By: Melissa Brown
Subject
Consider, and act upon, Ordinance No. 2023-07 amending Ordinance No. 2022-56, which established the budget for fiscal
ear 2022-2023;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance.
Recommendation
I otion to approve the Item as presented.
Discussion
On December 23,2022, Fire Station No. 1 sustained a considerable amount of water damage following the rupture of water
lines during the freezing weather. This is the third consecutive year that this fire station has experienced water damage and
displacement of personnel due to frozen water lines.
In addition to the immediate repair of affected structures, systems, and contents, Staff is requesting approval of an expanded
scope of work to include infrastructure improvements. The goal is to bring current electrical, plumbing, and HVAC up to
current code and standard, as well as inclusion of design features centered on the prevention of future damage to the facility.
Additionally, the project includes modification of living and sleeping quarters to better facilitate the housing and operation
of additional personnel,as well as privacy features necessary for the accommodation of mixed genders. The Fire Department
has sought competitive proposals from three separate general contractors in an effort to determine a fair market value.
Gordian, an independent consultant,has also reviewed and verified pricing of the associated trades,labor, and material.
The Fire Department is requesting $286,801 to cover the cost of the remodel and contingencies,plus $16,199 to reimburse
their budget for the expense of water remediation. These expenses will be offset with the initial proposed claim settlement to
the City from TMLIRP in the amount of$77,280(net of the City's $5,000 deductible)issued on January 11,2023.
The General Fund expenditures will increase$303,000 and the Fund Balance will decrease by$225,720.
Cost of remodel $277,099
Contingency 9,702
Cost of water remediation 16,199
Total expenditures $303,000
38
02/14/2023 Item C.
ORDINANCE NO. 2023-07
AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE
NO. 2022-56, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2022-
2023; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Council heretofore adopted Ordinance No. 2022-56 setting forth the Budget for
Fiscal Year 2022-2023 beginning October 1,2022,and ending September 30, 2023; and,
WHEREAS, the City Departments and Divisions routinely review their budget appropriations to
determine if any changes are necessary; and
WHEREAS,based upon said review the City staff now recommends that certain amendments to the
Budget be considered by the City Council; see Exhibit A; and,
WHEREAS,the City Council has the authority to make amendments to the City Budget under Article
VII, Section 4 of the City Charter, as well as State law; and,
WHEREAS, the City Council has determined that the proposed amendments to the FY 2022-2023
Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the
City; and therefore, desires to adopt the same by formal action.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
WYLIE, TEXAS:
SECTION I: The proposed amendments to the FY 2022-2023 Budget of the City of Wylie;
Exhibit A, as heretofore adopted by Ordinance No. 2023-07, are completely adopted and approved as
amendments to the said FY 2022-2023 Budget.
SECTION II: All portions of the existing FY 2022-2023 Budget and Ordinance No. 2022-56,
except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected
by the adoption of the amendatory ordinance.
SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be
invalid,illegal, or unconstitutional.
SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the
City Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION V: That all other ordinances and code provisions in conflict herewith are hereby
repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code
not in conflict herewith shall remain in full force and effect.
SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance,
shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
Ordinance No.2023-07 Budget Amendment for Fire Station I
39
02/14/2023 Item C.
nor as affecting any rights of the municipality under any section or provision of any ordinances at the time
of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th
day of February,2023.
Matthew Porter, Mayor
ATTEST:
Stephanie Storm, City Secretary
Ordinance No.2023-07 Budget Amendment for Fire Station I
40
02/14/2023 Item C.
Budget Amendment Exhibit A
Fire Station 1 Repairs
Fund Department Account Number Account Description Debit Credit
100 4000 49600 Insurance Recoveries $ 77,280.00
100 5231 54910 Buildings(Maintenance) $ 16,199.00
100 5231 58910 Buildings(Capital) 286,801.00
$ 303,000.00 $ 77,280.00
41
02/14/2023 Item D.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Finance Account Code: See Exhibit A
Prepared By: Melissa Brown
Subject
Consider, and act upon, Ordinance No. 2023-08 amending Ordinance No. 2022-56, which established the budget for fiscal
ear 2022-2023;providing for repealing,savings and severability clauses;and providing for an effective date of this ordinance.
Recommendation
I otion to approve the Item as presented.
Discussion
The City is improving bulk trash pickup services.Previously,citizens called Community Waste Disposal(CWD)to schedule
a bulk pickup. The process was confusing to citizens and caused bulk trash to accumulate for long periods on neighborhood
curbs. Beginning in February, the City will provide monthly bulk pickup for citizens according to a regularly assigned
schedule. Because the meter technicians are already in the field every day, they will assume the extra responsibility of
monitoring bulk pickup. They will maintain a log of any bulk trash that remains on the curb longer than the allowed time.
They will also communicate with customers, explain the new process change, and request the bulk be removed until the
customers' scheduled bulk pickup week.They will distribute door tags and monitor a non-compliant list of customers outside
of the monthly four cubic yard limit. The new bulk pickup process will reduce the amount of time that bulk trash is visible
on the curb and reduces customer confusion by providing specific, regular pickups. The promotion of the meter techs will
increase the budget by$20,207 for pay increases,TMRS, and taxes.
Additionally,this reorganization will require a title change for the AMI Analyst position to more accurately reflect additional
responsibilities. The new position, Utility Services Supervisor, will include all of the current AMI Analyst duties plus
supervision of the Utility Billing clerks,management of front window schedules,implementation of plans, scheduling tasks,
and servicing customers at the window when backup is needed. The Utility Services Supervisor will also assist the Utility
Billing Manager in resolving customer complaints and issues which will be especially important during the initial launch of
the new bulk pickup process. The budget increase for this position is $16,824 including TMRS and taxes.
The Utility Fund expenditures will increase$37,031 and the Fund Balance will decrease by the same amount.
42
02/14/2023 Item D.
ORDINANCE NO. 2023-08
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ORDINANCE NO. 2022-56, WHICH ESTABLISHED THE BUDGET FOR
FISCAL YEAR 2022-2023; REPEALING ALL CONFLICTING ORDINANCES;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the City Council heretofore adopted Ordinance No. 2022-56 setting forth the Budget for
Fiscal Year 2022-2023 beginning October 1,2022,and ending September 30, 2023; and,
WHEREAS, the City Departments and Divisions routinely review their budget appropriations to
determine if any changes are necessary; and
WHEREAS,based upon said review the City staff now recommends that certain amendments to the
Budget be considered by the City Council; see Exhibit A; and,
WHEREAS,the City Council has the authority to make amendments to the City Budget under Article
VII, Section 4 of the City Charter, as well as State law; and,
WHEREAS, the City Council has determined that the proposed amendments to the FY 2022-2023
Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the
City; and therefore, desires to adopt the same by formal action.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
WYLIE, TEXAS:
SECTION I: The proposed amendments to the FY 2022-2023 Budget of the City of Wylie;
Exhibit A, as heretofore adopted by Ordinance No. 2023-08, are completely adopted and approved as
amendments to the said FY 2022-2023 Budget.
SECTION II: All portions of the existing FY 2022-2023 Budget and Ordinance No. 2022-56,
except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected
by the adoption of the amendatory ordinance.
SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be
invalid, illegal, or unconstitutional.
SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the
City Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION V: That all other ordinances and code provisions in conflict herewith are hereby
repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code
not in conflict herewith shall remain in full force and effect.
SECTION VI: The repeal of any ordinance, or parts thereof,by the enactment of the Ordinance,
shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue,
Ordinance No. 2023-08 Budget Amendment for Utility Billing Page 1 of 2
43
02/14/2023 Item D.
nor as affecting any rights of the municipality under any section or provision of any ordinances at the time
of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th
day of February,2023.
Matthew Porter,Mayor
ATTEST:
Stephanie Storm, City Secretary
Ordinance No. 2023-08 Budget Amendment for Utility Billing Page 2 of 2
44
02/14/2023 Item D.
Budget Amendment Exhibit A
Additional Funds Required for Utility Billing additional responsibilities
Fund Department Account Number Account Description Debit Credit
611 5715 51110 Salaries 29,842.00
611 5715 51310 TMRS 4,906.00
611 5715 51440 FICA 1,850.00
611 5715 51450 Medicare 433.00
37,031.00
45
02/14/2023 Item E.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Purchasing Account Code: 611-5712-58850
Prepared By: Glenna Hayes
Subject
Consider, and act upon, the approval of the purchase of a 2023 John Deere 60G Excavator from RDO Equipment Company
in the amount of $120,349.53 through a cooperative purchasing contract with Sourcewell Purchasing Cooperative, and
authorizing the City Manager to execute any necessary documents.
Recommendation
Motion to approve Item as presented.
Discussion
The John Deere model 60G mid-size excavator will allow the equipment operator to maneuver in tight restricted areas to make
waterline repairs and will help reduce the amount of damage replacement of concrete panels,and sod. Waterline repairs would
be completed more efficiently and in a timely manner. The existing piece of equipment has limited working area capacity due
to its size. Also, the current backhoe requires frequent maintenance and repairs due to its extensive usage and the age of the
equipment (14 years old). The City would reduce expenditure costs on equipment maintenance and repairs, concrete panels,
and sod replacement.
Staff recommends the purchase of a John Deere model 60G mid-size excavator from RDO Equipment Company through
Sourcewell Cooperative as providing the best overall value to the City. The City is authorized to purchase from a cooperative
purchasing program with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas
Government Code and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law
requiring local governments to seek competitive bids for items.
Wylie Agreement#W2023-38-1/ Sourcewell Cooperative#032119-JDC
46
02/14/2023 Item F.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Purchasing Account Code: 100-5411-58570
Prepared By: Glenna Hayes
Subject
Consider, and act upon, the award of a professional services project order (PSPO) #W2023-24-E for the Lead and Copper
'ule Revision Compliance Phase 1 and Phase 2 to Freese and Nichols,Inc. in the amount of$184,896.00, and authorizing the
City Manager to execute any necessary documents.
Recommendation
Motion to approve Item as presented.
Discussion
The U.S. Environmental Protection Agency (EPA) released Lead and Copper Rule Revisions (LCRR) on January 15, 2021,
setting new standards aimed at removing harmful levels of lead and copper from drinking water.The LCRR went into effect
on December 1.6, 2021, with a compliance date of October 16, 2024. This revision will require cities and other water utilities
to take significant action to protect customers from the health risk associated with lead and copper in order to comply with
the LCRR. There are five (5) phases in the LCRR, and the scope of work for this PSPO is for Phases 1 and 2.
• Phase 1 —LCRR Effort Assessment
• Phase 2—Initial Service Line Inventory Development
• Phase 3 —Service Line Inventory Completion by Field Inspections
• Phase 4—Sample Plan Update, Preliminary Sampling, and Other Compliance Preparations
• Phase 5—Lead Service Line Replacement Planning and Mitigation
This item was included in the FY2022-2023 budget and this PSPO amount falls within the approved amount. Staff
recommends the award of this PSPO to Freese and Nichols, Inc. as the most qualified firm to provide professional and
consulting services for the completion of the Lead and Copper Rule Revision Compliance Phase 1 and Phase 2. This PSPO
is issued under Master Agreement for Professional and Engineering Services (MAPES) #W2021-8-E. Staff has determined
Freese and Nichols, Inc. to be the most qualified firm for this project in Category M General Studies, in accordance with
Government Code 2254.
47
02/14/2023 Item G.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, a Final Plat for Wellstar Addition, establishing two industrial lots on 2.31 acres and replating Lots
12R,Block C and 15R,Block B of Regency Business Park,Phase 3,generally located east of the cul-de-sac on Capital Street.
Recommendation
I otion to approve Item as presented.
Discussion
OWNER: Wellstar Properties LLC APPLICANT: Roome Land Surveying
The applicant has submitted a Final Plat for Wellstar Addition to create two industrial lots on Capital Street. The plat also
contains a replat of Lots 1.2R,Block C and 1.5R, Block B of Regency Business Park,Phase 3. The site plan for the industrial
development was approved in December 2021. The preliminary plat was approved by City Council in January 2022.
The replatting of Lots 12R, Block C and 15R, Block B of Regency Business Park was required in order for the two lots of
Wellstar Addition to have access to Capital Street.
The plat dedicates the necessary rights-of-way and utility easements. All easements shall be maintained by the private
property owners.
The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations.
Approval is subject to additions and alterations as required by the City Engineering Department.
The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in
accordance with Article 212, Section 212.0091 of the Texas Local Government Code.
P&Z Recommendation
The Commission voted 5-0 to recommend approval.
48
02/14/2023 Item G.
OWNER'S DEDICATIN AND ACKNOWIECGPMEN0 S061647 R•S CPRRHCAIF
gt541 OF WLON
cTAll OF.AS
cairn S
1.0CAS John C.Mickel,Caron.Strategies Holdings.LLC and Wel6tor Properties LLC,are the oversee IN five rerc.of land situated in IHESE PRESENT:
■ Men Own 1 0a t[b'vr Me lot State of Texas,County of Collin cod City of W..being Part a the Milano Soc.Sur ,...No.835,being nerd of Lot 15,Sock B, KNOW ALL MEN BY
CO21= 7.%COR ( (es ) Block C IN Regency&Mess Park,Pha.three,.recorded'.Volume 2e09,Pope 3 a the Collin County Map Regards,Borodino two 6.E.Bemmderia Jr.,do hereby certify P",(.rofe[s25IX.W>NZfi CIXW gate 238 square foot pa.m of rand out of sag Lots 12 and 15,and a 2.28 acre tract.recorded under County Clea No. THAT I, ty that I prepared M's plot Gan an actual
100.205.60 a the Collin County Land Records,with said premises being more portimlaay described.(lbws: survey.the land and that the comer monuments shown thereon were foal and/or
olN*of BECINN..o'CBO'copped iron rod found n the moth ne IN a cants 2.730 acre That as recorded uabr County Clerk w propelY Placed ands y iaron m.cord a with the appikode.des ma wd'manca
20180625000.9250 a the Collin County Land Records,some mar,the northwest tamer of a called 2.28 acre tract,bang the remainder a a o th t of
& BEGINNING coed 28.31 acre tract as recorded n Volume 5724 Page 2836 of the Collin County Land Records an the northera corner of said Lot 15 and s
0 0 Bo sxo 5PG6✓✓15D. 'mC NM'ILYO tan.i5' id. __ said rases c of N(t PORRECORIHW 6 N L`t 6 r Wit Of F I THENCE rah Ito no.h no f sad 228 acre the the sound rot d 2T30 acre trace and redroy with Me math Pao of a called
® • e•,_1 a ow,:om e«rh J ( _ _ eL. W_ _ _ _ 9612D acre tract as receded n Volume 2453 Page 536 IN the Ca'm County Land Records North B9'5805 Cost,185.35 feet to a 1/2"iron f E.B .denier Jr. / 0
P'a.,..@ n PrxW ( v - red found marking the nits.corner of said 228 acre trod and the.Mast comer IN New Rights Baptist Church Addition.mantled. R.P.L.Na..1 'rF aIffAl... R JR Il'
i 40 .._._____._._-_._1_____.._ J Volume 2008 Page 163 of the Coll.courey Land Records;
BoundaryLine 8.C Table • 53111THEtCEE th the east tine of sad 228 acre trail,and ere west line of said New Heights Bap.Church Mdhon So.0.1840"E.t
J!N It
i 1 I,4 ' Church AddLOen to°ona2be iron
rod
the north marking
o the
southeast
d ed 1556 ace of
s re2corded under County CMk tlo.20180515050005893WgM the Baptist
L INnaxc din' �LipCf � 6 t m, 4M County Land Records;
'KN' pnw r 6I c THENCE with the south line a said 228 acre tract,and the north Ire of sad 1.56 acre tray South 89'1231'West 18432 feet to a
la 5W'15M _L_ i Wr e'PW c^1 1 Roma vaPPaa,ran rota mane.along the mathweal dame.air w e z ze core FinaF Ma aat<lr m.F.rthaal gamer a aaa 1.s6 care o-vaF
;gig
and being m the east IXre of lot l2,Block C Of sad Regency B.iress Palo Phase Three: ACKNOWEDGPNFNt
Ci 2567 »Thaerv' NA4M T g THENCE with ere reef tine of Lot 12,and the west line a 1.56 acre Ira.South 0044'40'East 150.91 feet(Bois of Bearing)W a
Ts 1W � Rows capped iron rod found marling the southeast corner of La 12,the southwest comer of sad 1.56 acre tract and being in the netts line STATE a TEXAS 4
c� 1 ewbroW' .�fitt iN99�§ P�
tl 21.Isoi bbbo $ 44 n1ff4T e6W 2ltb' ,r a a calm.5.28 rare(Duet 1)as recorded under County Cork No.20180515000659.of Me Ceram Canty Land Re.. COUNTY a CaIIN $
Irzasn m..' 12aoarzS sW,s'a.w 1w.va' �.e Lot 15R,Block B rc } THENCE with the moth line of IN Lot 12,and the north line of said 5.28 acre tact South 89'15'M"West.150.00 feet to a Thorne capped
- d marling the southwest corner or Lot 12,and the so eeot.mar a Lot it,B.C,a said&genre Busimss Pak,Ph.e BEFORE ME Me undersigned authwlty,on Wis day penmally appewed f.E.Bemendcfv J.,
1•'irc Lone Emm't-Line&(Three Table Ab" ,re 8 R ark ` Tina;rod faun knoxndto me to bid the Person Moe name a subaa4ea to the finegoin9 irwWmm4 v912
M W 55,76455 G on'"" .b.u. 1 .hreencrxe !.1 ( so THENCE with a common tine belxeen La II and Lot 12,North/Ore 44'W"West,370.18 feet to a Thome cooped iron rod found in the ne aUged to me that iM1e come wo eeecuted ter the Purposes and canaWerotron iM1ereln
J IWv'e:06 SBfr18 oS^M 0 P 3' Dot 1,Block A h rght-IN-way Fne or Capitd Drive(60 flight-or-Way)and makng 0 comm.corner between lots 1 a a 2: eroreasea.
V. Pe' °t THENCE with the south right-of-way no of Capita Street some being a north line of La 12,..891520'E.,16.04 fail to a
2qt .}4 ,�i8 m ( (� L / capped iron red found malting the beginning of a non-tangent curve to the left
-a - vq v 7 k �w $m Pa' Nd �0 / THENCE me 94 Wel6Fa9 the moth right-of-way 60,the curving right-of-way of a c 58 49.,same being Me.N8M Rne of Lot 12,Me westerly OIVEN UNDER MY HAND AND SEAL a OFFICE,this We-day of_ 202�
�2 g mvWe& LOT 44 ' 114 62 Lofa geVef1 E18 gem m t line o C,m,d We souther,' 5,a curve to the lett having SCP00'a0"with a r6diva of
Rs 5h§'f5 (Pert (g roporenc LLC, ry The or Lot t a contra ion or
�ts , tG95Yl M.Fe Pm* oo'feN for on me a'wF.ce of 314.16 feet(chord-NOM W44 West 60.Op tat)to a Ro capped iron red(cone molting the end of mid
f3 - free N°Wi1°I100.1F5We�,MIR I - -mc being on We south line a lot 15,and We stain rght-IN-wq line of Capita Street
deTFSENCE continuing with Me south line of Lot 15,and the north right-of-way line of C.40t St.,5vuth 89'15120"West 16..feet to an Notary Pabtio in and for
ON NW_ 1 p42 86 Y s uvermg.capped iron rod found malting the southwest comer IN Lot 15 and We southeast comer IN lot I Block B.a said M ion The State of Tee.
& DOA AVM Bpi CV .y� "Mom THENC with Me common re between bend 14 and 15.North a04440'cot 25568 feel to a Rooms coop..b°prem.,
set in south
-s3'so4b'-§&d" 4Vtl6C- giSuslE so ]w5� or ig,L li.of a aforementioned 3 acre I rat marmrg the northeast comer a lot 14 the north).comer of Lot 15 a w prem.<
43§e• Wit'-6659A '13IA-74.3' w.2asK..Nry.tPrcp.�\ 1,, Ir IC THENCE with the math The coo 273 acre tract one the no..of Lot 15 North 89'ST46"East 15001 feet to the place IN Printed Nome
C1 •
m n
ere B3�vq§. N F-- beginning and containing 189993 square teat or 4,312 acres of lend.
Cif .4µM1§A• BYe§'S Trs54i'10 JO OWNER'S CERRECA0KM
ciJ 2i1T p;' ni>'d'/.f I, "Recommended for Approval"
2M,I. WOO. 21.22 / +r ( STATE OF iE 9 s
- xrNce� / 4 7 COUMY OF COWN ¢n
-- vs'u.sn come hwaa I/// ffI ' t NOW ALL Chartman Panning and Zoning Cwnmuson Oata-----
M ttwre _ L2 v j �' r _. that C.R c s cog c P grorFza uc the hereby adopt this pqt Gagrwtea there.above aeembeA o tr of Wy4e rex.
:,..wit e air
Lg_ j ...--'�>-i -r� '�' W B NOM of Ram,Bids nos°Park Ph.°Mime,Lot 15R Block B and lot IIR
-,.r IN coy C Y ISen 11 E property
City m fee son to the pubic a forever,the streets,rights-of-arty and other
1 Capital Street ra' swfa ,, f I Mee 1 t\---- public improver...own thereon.he Mee. alleys l nr 'melooted for .eet men The a m and mNa me arcs are d,e ea 'ApmveE mr Cwet palms
_ _ 5 1 /'e5--i-ser,emti rare -0 I- for pubna use famrer. Noses this plot N°buildings,foram ru improvements or growth,ahan M e acted
' trAu-w Iny) i p` ,fr o ortyp�d apan,e r o near.W rn.o shown.N.Ma In.eape mpro.menb mq a;reared dinnrhIaa.,.mem.,if roproved by 0n
r _ -�
City°f wN. any eaaemenis may aao be used far motto um n m an a pea,aN ties desiring to use or
'9' a 'CO f rei+1 '° Yen°'e°°d {g 7, dome unkas the ereement IN Be ua to 1....r ublhes,wig uee by pubhc util,being aubad'nole to the Pub rca and C y a Fyfi s me
Lti Neff $. LE a' 3 MmegW 5 ( theref. Mayor,City of Wyle Texas oar
mW' g
ru.',Nu -) ! G+' I-I The City a Wr a and Public utdtres mhlres shalt have Me right to remove and keep removed all w pals of my fences.trees re,or oUrer Accepted
_..._- _ L4L' Mprvemenb air growths which may in any way endager o interfere with the conNtion,ma aenaae w efficiency baling.their faired.systems m saw
.Bw.0 __ `� - wine..@ the of ne and pubn utility nhua a all hoes nave the full right IN tog and egress or respective eaamenk
r F�/ � \ a c.o..og,reconstruct., Nog,p'Nanng ma.ta. q rot rag to or removing N r Th.of their respective
for
1. `, // I - ssystanns without 0e necessity ot orb time procuring permission from anyone.reading
Sanitary S 8c Water Easement: - ` _- k A Th' at asubject f tt M not rat IN to r
Line Xs( Table - -- I ; AdditionI ` 1 I u p apprarc o qa rag rencea m s a resold. a City Wye texas. Mayor,City of Wyde Texas Date
'A tz
guaWne
Jnr wKF ^ r•` k&J WRNESS,Ira raved,this ibe a den or nerd .2_
[ _ ! .3 t f I !16,2 MO �g� The undersigned.the City SMet 2y of the City f Wylie.r hereby certifies Mal the
y IT�Z d'SP' arM� ¢� forego.g Finn Plat or Lots 1 Block Webar Addition and a Repot of Regency
City o Wylie
' l "' I t `- m.a sin..Imld.gs.LLD.awn«La 12R e B vereae Pax Phone Nee,Lots fsi Nock B nne Lot IxR Bock r to Me c f
py�WI 3 ale C Jinn C Rucks.Owner lot 15ft Block B was sub.tied to the Gty Cone on the_day of 20Z and the
L26 lie::W air. I"' .2 4 e iykL Ll---- ay y - (Nim Mberson,Nwwger) Gomel by forma action,then and there ac.Pted the...on a streets,alley,parka.
tI2R11 Nbv LOT-4 b 4' ` easement pubic places,and water and ww<r lice as shown and set torah in and upon sod
$ plot and mid Council further 6,560zed the Mayor to note the aaepton.thereof by signing
F' ( Wai6ta a l4,a LLC,Owner lots 1&2,Block A(including(2)]31!Soft)peaces hie name.herei.bwe adsorbed.
G _wp ( .,� Crane e u
C54"e'^°acpP n I .,1 Ackh1W _Wanem my hand the_clay IN
�,,,%air' _..-__ MN
,iyV p. I ___ .1.,I ______ I �� ..._---- seem OF 5
NOTES:Notes:1)Beatings Based on Regency Business Park,Phase Three � o ° City r
.recorded in Volume 2009,Page 3 of the Collin County map Records; or. g a r_ ___ -1...._ __ 18604E NE,tin uaersg 8 40864y,en Ma 0 4.rso4Ny°posed Klm Anger er'awwn tome 1 be Me pawn",,I norms a subcriMd Fa Me Cily of WyKe,Tewn
2)No port Of the subject property ties within a Special Flood H., o Regency t 12R Block C m / forego n9 iuWmnl,rho mkn.adgetl to me Nat tin come roc em.IM fa the puryom ontl cm tlera8on Merin expmatl.
Area inundated by too-year flood per Map No 48085C0415 J of the n Park I' vet CON UNDER MY NAND AND SEAL OF OFFICE W4 Not day a
BEMA Flood Insurance Rate Maps for Catlin County,Texas and e a I , »no,.»mrv,
Ineorpwated Are.dated Pore 2 2009(Zone X):3)The pabng woe o q .. 4Aa!,
peeree44 without the benefit title Commitment and may ea subject to 4 __ _ _ _ --
f record,4)All earementa shall be maintained w o Imo,
any and one to .- - - -Ig.5 en5R- - - tel tell in ma rw
by We Priwta Property Owners. __ me stma a rexw
-
,mF 989 1]31 W 18432 .'415:vaY
The pury.e of this Replal is to creole 4 separate lots.
�p1iaW 11164 thane
aria e.anenM
STATE a TEOS ° Final Plat
COUNTY OF COWN 0 /& /�
Notice:Selling a portion of this a4407 by - BEFORE ME the n woad authwhY.on M's dq p xanY.pmrM dam i Road,knaww to me tc be Nn Lprmn vino Dane ie mbacdbea to the jots< 2,Block A
metes and bounds 4 a violation of dry m w ac a4Mdgea m me t woe w.etcb a m aria co,amemben cam ereraaee.
stateordinance and raw and i5 subject to TOO„a SC WellStar Addition
and withholding of al.&and building permits. ^ GIVEN UNDER W NAND AND SEAL OF Off.,this the_,soy IN oz.
'l aro gym 'cc .1b avo Tr.J
l2nreas150005 r%me 100,643 Square Feet/2,310Acees(I cludig(2)738Sghtparcelc)
\ w. � u 2 Lots-Commercial
VICINITY MAP :II aicreMrd'r
&Replat
N.T.S. WBrowa S(
��51rerne LotI2R,Block C&Lot ISR,Block
e' S<Alt 0.Th 0 Regency Business Park,Phase Three
PROJECT d� aura being part of Lot 12,Block Coe Lot IS,BlockB
LOCATIOj\' F� -- 6. sae us e w ISO.00 KW -- 18.44E NE,M.811 004 ed.Ma444 an th 8 day paw.Nr 028 4M Chita be Ia wen,84 4 Fa m.m be tin p<aan whoa.name M wmaabed ro th<
iwegairg insW,meat rl,a aakpwrae9aa W me Mal the wma roc M fan Ile ppmam aria amiaemb.Menem exa.aaa. Regency Business Park,Phase Three
o u - CIIYN UNDER MY NAND AND SEAL OF ONCE.thu Not u day a 202_.FM e4a -_._.____._.._ __.._ -- 89,349Sguare Feet/1.0.51 Acres
' _ ,m. rz 2 Lots-Commercial
o s re w ro�cow,a re Wa ro rasa.raw Tay Pwu a.aria our William Sachse Surrey,Abstract 8.3,5
'° 3^ +5rm FYp/.m'Lgµ uc me 8l8 a roc. City of Wylie,Collin County,121as
.,ic Oj Id0 (2a.m...d2� 'r
January 3 2023
Printed thane
•,,•:-.. •`o°a / Legend \ v./aC/2122W%020110od+n
• '5ubmi :i.03.2021 .ru - a=a mCwpacram mnn4en 15119 �Onesrof
=ve apa to Nwean Tun no r6ersaW ndw u- �'t
Roome
\ tr.M waem ro, 0 % 'mm:�3 uau \_ Land SurveyinguhiwN a, )lmP4,74..e em ''10 t
�aty \° m4 Oh98 R3w,
ark ba��lwhmprtmo mee.aam mbere.meimmo
Phon
ne 072),123-4,172
air gam rfil42,523D
114911,1
02/14/2023 Item H.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, a Final Plat for Dement Addition, being Lots 1 & 2, Block A, establishing two lots on 4.374 acres
is artially within the City limits of Wylie and partially within the City of Wylie Extra Territorial Jurisdiction, located at 950
Paul Wilson Road.
Recommendation
I otion to approve Item as presented.
Discussion
OWNER: Reyna Torres& Alsson Murphy APPLICANT: Roome Land Surveying
The applicant is proposing to create Lots 1 & 2, Block A of Dement Addition. The purpose of the plat is to create two lots
for residential purposes located at and adjacent to 950 Paul Wilson Rd.
Lot 1,Block A is entirely within the City limits and is zoned Single Family 10/24,the remainder of the property,Lot 2,Block
A,is located both inside City limits and outside of the City limits within the Extra Territorial Jurisdiction.
The Thoroughfare Plan has Paul Wilson Rd. listed as collector street. The plat dedicates 0.242 acres for the future widening
of the street. The plat also dedicates utility easements.
The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to
additions and alterations as required by the City Engineering Department.
The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in
accordance with Article 212, Section 212.0091 of the Texas Local Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
50
02/14/2023 Item H.
STATE OE TEXAS §
, , .State of Tsxas Co9nty of Cain.beng pail of v.,Nathasiel.999,9,Sus,.9,o,.1090 hsis9
NOSY RERESORE RNO1,ALL Se,BY 1NLSE RESENTCoSin County Sera,and bemg the remainder of a called 4 00 am tract of,and as recorded under County
i ' \ ,.Eq..'orses 9s,,orses.9,losos 19,9y do 9.reb,odopt ti9s phst desqsalsd t Wed'above raOre sartics,asly dessribod.follows.den,.isorny as 9ols I 99 2,Do.A Duns,AM.°,as add9sss to the.C99 of Wylie,Texas,asd
I o,N g',1
DPyy. essemests onsi put.use aiess ore desk,.foi Ole public use forever.We pis,.indcalsd on Coqm County.Term,.nustbse9st comer of said 2 00GB acre Pad of m.a m 1,,,,,,,,,,
�" - ' IN,.No Ispilchs9s fences,lrees,shruts or othe4 9-spiovxments or growths shal,Ise constructed or
889'04'05 F 584.02' aces19ased upon oser or across tne.easements as shown eves,.19ntlas,,,x anrsovsmonts mos be THENCE deparS,sa,cl rosOway 99h thy sopth lins of sod AchStion the soutn Ime.of s called 5 253
anima) azsa 1 u,.ga. easements inc,Mao.used to,rnstual use orni akTormnodolko,of uil pub",sbinies des,ing to use or Ca.Con,'ems ond.no.149 of m 2 0008 acre tract South 83'04-05.East oassin9 at 32 9 feet
zsesa
1
d i k`' \ p�oe^
,y LOT(,BLOCK.A a^ �,2ne
0
seo Net Sq r, eI 1 000 Net Acres ,pped iron rod found marSing the northeust Comer of 9 Coll,n Coup,Right-0,W,Dedica,on some being c
No 20211022002,697,0 of.Deed
I vr , ovaas nayo
0
t r wR�,U.oea
i
\ 0.99s,at 489 31 feet a Roo.coped Pon eod set marking the south.,corner of said NM-of-199y
m
___........_ __ yea oyro a)
rf mznoe we — - ,
q -__ -___ cn,n na
z)a'u'ry \
( ,^) �c�_ — AC,tCRWkkRL,J k...: 190,518 gross square feet or 9 979 gross acres of Isn9 o.a n ar or oa a sac. ar, fafeel
o,a.
l o gl — +w/v.s o,vecr. mr. S`"e 5
3
v^ ti z g 2 9 d acknowledged m same
es,;,','y I 0. s'' 1...."""(ows NaU�� v n a UNDER u.HAND SEAL or OFFICE a. S!P\.rrRR:LGka7Li'Alk
o°
�_ LOT 2,BLOCKA 4 y `orb SSATE OF uUNn TEXAS 8
a
a _
r,,,,1,rrL Bemenderfer 9r .Sere.,cer9I9 that I prepared Ms mending 91,from on actual sur,
I }a` v) ,Naan o,eeu. .o,r"o d� E a,of Texas oo:o, arro m ,.a s ro oY000E Yo,e�t,o y''y ae „s y
A or w�N Po� „a om /"
a/�c E, I COW,_ FJS F.E D: DE a as
oo m naE n mme os ,r
3250 L' a UNDER u,HAND E DR OFFICE —nay a, _/oz
way N., Rau' Aaaar
I ,� a0
N88"49^A3"W 616 ST NXb°9o'4a"W 5Z45' - §
The State a,tea, COUNTY or mwN e
4,a
I
to me,nU
(.v, l
I.' _ d�Ais AIRQUENI u e a e o^sen.
React. 4 zaZ.
own g OVER UNDER IP HAND MD SEAL Or of ACE Us:ne y of
WN a viva a o a a mmaa a a emreu a tom same Not.N
r 1,99s
F e(uN ., a ur HMS, E or OFFICE _ v .2oz
urr',
She State of Texo9
A 4SS:....I,Ya4a
-enx«am 4G1k PE.R 0 1E QI.
a
sree
atom) an/or
rs uo.variances mgm granted nor xtna-as
� ff
o ro�kSs/oau )
0 90 80 110 - raffia.n.ti oa DA c,,,,,nnry
�......�._.�.._._.�.._ ...._._._t •The na snows is to of to
/ Legend � c.Y e ..oe nao-
aru Row o„on - a c0in.�,n.ova a en mw l system t�aer res..van Perm99,9
IRS / - o2atu
VICINITY MAP _ `" PRO ^
-- = ORCTI Ned,,ords CO.Counly,xos
N T 9 w g
Ss,sjDI,un9ers,aned the Cil,Secretary or Vle City of Wslis,Tse,nereby"TM.lrvct lrve.fole9o,s9 9,n9I Rot Final Platof tots 5 8,2,Block A Dement Addition suMlinsios or a9dition to tIss Dly of',Vie w9s submitted to the
and sewer lioes L Block
A�,— o not,'he
Ans
M.,
fr — _ b aaaan. ea ae zo0U(Zone m.Ywu yb.oyarm do._ I,zRE Demn A d n
4,374 Gross Acres/4131 Net
Acres
FCuiCl<e DC I..Nita Survey.11 sl act Vo.868
Sarver Per... .,.Here v
Here''''',ne a> s:*o.oe <ernf Itoylitt c ollincswuqToy,
a,ey a.oes nee herly,2022
Site
�mrea� R e�a� n�
0 LSE GPORTION0 S OD 0 0 "APES —
BOUNDSR�^ea zo/
D
�_ STATE INN AND IS SUBJECT,L BAN PU L ab PERMITS FINES AND WRf Ot➢NC Or .r
C-�� ose�a ea oo.eOran ,D^,ooma_r, _ . ) a Land Surveying
,a m,00. �.� '—aoe® rmm , s
Phone
9,9,99
-.:. 1__.
02/14/2023 Item I.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, a Final Plat for Collins ET establishing two lots on 2.345 acres located in the City of Wylie Extra
Territorial Jurisdiction north of and adjacent to 1224 Bozman Road.
Recommendation
I otion to approve Item as presented.
Discussion
OWNER: Wendell Collins APPLICANT: Roome Land Surveying
The applicant is proposing to create Lots 1 and 2, Block A of Collins ET. The purpose of the plat is to create two lots for
residential purposes outside of the City limits within the Extra Territorial Jurisdiction of Wylie in.Collin County.
The two proposed lots contain access from Bozman Road. The plat dedicates 0.117 acres for the existing right of way of
Bozman Road. Both of the residential lots will also provide on-site sewage facilities.
The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to
additions and alterations as required by the City Engineering Department.
The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in
accordance with Article 212, Section 212.0091 of the Texas Local Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
52
02/14/2023 Item I.
_ .4\YttCw'S..SStTIE5c.9?E. SVF_ v¢3"z,(_;;•_HltE14/ti&
P STATE OF TEXAS $
B COUNTY KNOW AI
or COLABY
THESE P4CS Nis
n o L a .oar to rya E.Bemenherfer,Jr,.hereby cerhfy(hot I preporetl this fina,plot
and the fiekl notes made a part theneof from on actual and accurate survey
I I
7rIka'ZI:e7"I'Z'or!';"1=A.Co11,i, Intl us.al a s:-ecor tleb,,volume 2o22, of land and that.the corner monuments shown theyeon were proper,y placed
ct the r Wylie, as. nc nrdaD with the suod o R.-Ou otov
' Doted this day of ,.2
1 uor ats d ar.aaz 1.1 I A1 ss
I 11 ' For Review Purposes Only E eEVNOdev;d
Pi: Jr
�R t,.A,taT_ sagieRegiseor Nred A and and
05,
I i 1 - xn rs as
I I I -- - ,..Q f:R-EML[.
P ravaa ten.r'me r COUNTY AE or rrztts CDL 4
ea
X - .. N
IXX PO
a Notary Public in and tor the State of Texas,
N 34.56. E c6n-2_ 50.00' e � the E Hsm
enderfer,,,known to me to be
g. the pe,son and officer whose nome is subscribed to the foregoing in.rument
and acknowledged to me thot.executed the same fon-the purpose and
aou S 89565 nexs
T A 516.20' considerations therm expressed and n in p y here i stated
cx,:gry=x7 thee
JMY
H HND AND_"-,'
CA_OF OFFICE,the*hie _ y
itlp) Lot 1 S THEREFORE, 5- S
C f21JAcres d ET,
53054 Sq Ft ,, -
' - ,a r Lot2 4,A St 4_ 5r
1Oil Acres
4 , ecsements shown thenton,and do hereby reserve the easement strips
',X r,,, , shown on this plat for:he mutual use and accommodation of gaibage
44.049Sq.Ft z"' ..", 2 collection agencies and oIl public utilities desiring to use ol using some
wi v o aO or a.s2 COB public right tc remove and kexp removed oll or,hcll have the RECOMMENDED FOR APPROVAL
t. 0, part of any buildings.feAces.trees,shrubs,or other improvements or
growths that in a,way endangei or intenfere with the construction,
xY zavon a rasa¢.mecSerxentS SOVS,44d any pub.uhfity shall at all times have the right
arm - Commission Date
fie,nsur
the purpose of conshucting,reconstructing,inspecting,patrolling.without
th,necx444y at any time of procuring the permission 01 cnyone.
S 89,338"1V 25e�3' S 892336"W 3t 3.96' was 30 DD' l roc,u.s�9� e APPROVED OR CONSTRUCTION
property and that no other's interest are attached to this property uhless
otherwise indicated on the,eguired Mortgage Holder Certification that is
sad�ds�w asals f inyluded on
u p tthis plat
s and.his pInt sappoyed of the subject to all
> lexa platting ordinances, Ma,- iv Ct WYlie,T-way Date
City
I I Witne..s our hon.al WYLIE,Fe.as. eiri
� Wendell MO,Caine(owner) Moyo y v texas Date
_ ..ar rcus e =az auv v!21 STATE
COUNTY OF
ity of Wyhe,Texas,hereby certifie5
$( Before me,the
nd ate$ d WciLe Gia es CD.is, thet the forexoing Final Plot of Lots 1,2,Bloch A,Col4ns ET,a subdivision
der4ixned authority,Notary Puhfic in old tor soid The undersigned,the Chy Secryhary of e C
known to e to Let p whose Bans e subscribed o he ,, 20 and Council.b formal action,
m w
ubmitted to the Cily Council on the
irre r d.executed
the then and there accepted the dedicohon of streets.alley,pad...easement,
Giv
public places,and watei and sewer lines as shown and set foith in and upon
same
unde my hand and sea,of office,this Y of themo g g Council further outhorized the M4yor to s na as c.e cbove sOsc.bed. t.the accwt
..,202...
the aS ate o7 i..xas
Pty
y'hor,r4lrer,Y Texas
QSS.r..,NgIG4
. AI,lots must uthhe alterhatwe type On-She
Sewage Foci..
On-S
any/olle water
distribution line,xharpnd/or
creeks/rive b(Per easements and a S.,_r OS,reduction a4e/T, Final Plat
tY
easement,(rxxximum of
ddaosy,ed o Lots 1 &2, Block
either lot
Notes,I)CM is a controlling monument,P a any o , nt Collins ET
DCounty Deed Records,3)No Port,the shbject propel ty a r DSSE v e 2.345 Gross Acres
flood per Map No 48084,0535 ce leguired on
Rate Maps for Cain County,Teas and Incorporated Areas,dated . There ore no:voter well,note,,e try, 1
without prior approval from CoIlin County . - -E less R.O.W. Dedication
=11Develoment Services
°°° leaving 2.228 Net Acres
• individua,site eyaluabons and OS,design
II I It� �e (requiremeeting S o . aD ,ad Being all of a 2.345Acre Tract
�( _ anysys prior t° r Recorded in CC#2012020200012400,CCG.R.
D
em
,/iii 1' = " .4 J.D.Shelby Survey,Abstract No.819
( ) \ -Ea REE..—^'EM Q- City of Wylie ETJ,Collin County,Texas
11 _ a _hes December 19,2022
th,s plot conform to the opplheble OSSX/awe of the Stole of
Texas.thol eite eyalu,ions have been submitted representing
eSto,
acres ` E mn.nePum
are planned tn be used
etes one!bounds is o xio,Uon of city 1225 Bozman Road 2000 Avenue G,Suite 8,0
9-- ww,v oo an~wr mem in hamnP utilities d bu s 7 �andSurveYI
t cnte Po neC®"'+n ' un red Rem aener
oms a a ese o D ez \D�a o m o c a � rstco
f
53
02/14/2023 Item J.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, a Final Plat for Browngate Pointe Addition, establishing 39 residential, seven open space, and one
commercial lot on 6.55 acres, generally located at the northeast corner of W. Brown Street and Sanden Boulevard.
Recommendation
I otion to approve Item as presented.
Discussion
OWNER: Browngate Land Investments LLC APPLICANT: Global Land Surveying,Inc.
The applicant has submitted a Final Plat for Browngate Pointe Addition. Zoning for the single family attached development
approved by the City Council in August 2020 as Planned Development Ordinance No. 2020-43. The Preliminary Plat was
approved in December 2020.
The plat consists of 39 residential lots, seven open space lots, and one commercial lot. The development contains private
streets and a fire lane access easement for the commercial lot.
The plat dedicates the necessary rights-of-way and utility easements. All open space lots, easements,and private streets shall
be owned and maintained by the development H.O.A.
The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations.
Approval is subject to additions and alterations as required by the City Engineering Department.
The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in
accordance with Article 212, Section 212.0091 of the Texas Local Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
54
02/14/2023 Item J.
/,,Yo. n°,, I E pWNER 5 pER1�AT"
irot STATE OF TErAB
L6 aav "�'t8 (� o NOWOPCMIN ,
OF COLLINNOW ALL MEN PT THESE PRESENTS
c-/---/- .,„[r /
o THEREFORE,
- 1 B 3?e' . a i ilR�D�\
J L / p� +o'
751.057 o
.._...... _... / sp. ,,D� rA se.� nm� A,./. o.ourvo. '''''orA.z ncw. T21.0 ..>N. o oaoa�,c,.a 122 >�„
Curve ma 1� II D gS�
.. ,'r_0woT ,m=
RADIUSCURVE N c n I 13" 7
---- --- / c k o00 10 al1 rvz L L
9 0 3 1 fi 5 2 2 955.)' / I n vccT L C,Y i nwT c
C2 969.00 >58 03 E 32 2T 26 126 06 \ J 2a�o ._o snco 0o ry
C3 969.00'N,93053 F ,33,3 26.22 (2.22 / / / ¢p 2 tRGC.T rxoA cvmox< M
9.0 \ m. / ) / . EG01
CT 69.0 \ / om„
/ / xnca o as mi La so.vxc. ,s+uc A.o
V
C6 Sa 00 S 63602 W 900000 '163T 84.8PERSON WHOSE NAME IS SUBSCRIBED 10 NE EOREGOING!NOMMEN,ANO ACON0:6369.3
Ss%2 ,67 /�
64p9 (s43z3s8 E 900000 76 7' (a e2 �I �� TO .6�2, A,.S �s „R72 >3,a oAND SEAL L OFFICE THIS
30E DAY OF
-o / J� a ( i- i L _. NO xrueio anm POP.Tr_sn._oF,.wa
CO 2800 32358 900000 3960 398 POINT OF/\'" / /��-.- k u�xcco aoozco /
50, vry thus
C„ 2800 '5 46'3602 W 900000 3960 '4398 BEGINNING l // 2'� r SURVEYORS CERTIFICATE
� NATER Fs.
f %45 012 pp 3s6 E 9E 0000 39.60' ( .98 >2
E �.( oss' 3.a' .,o0 6 88 368 E 6 554 / o [ve i' L 9
L NE 0 REO 1 N 1 LE., D\yV / L3 Y� n A tirvarz ,.w os 0 '-' - ' '' uoo AI c or wriC taws
1 ; b°
3.0206 E'23712 JR�5 Zy /ss.ry % /I ip n f' uv
2 36 32 E' 6 53 ERg CZ / y LOT IX i 2 3 4 8 BLOCK e
za ,6 P�SSRP / I BLOCK A 0.�0 2.T, o s b .� „ 8 B r0 3 0 74 Is re r o G. 08 / zs z� w -
--- n LAND vo,rvo�s�
15 3 88'25 58"E 16 00' / :0_ NS.s m 5i s m 5ss�r 'm ,T.asi s'o _
8 3002 W 36 JT +R£' oo' 1. - -_ --. - -- _
ITrr3'02 E(16 00 / l / f oo anar L - 6
23 0 15'Trt sru. s 682350"E 662.45c 'oo soo 35oc re rv0 ry t
+ a CAPACITY THEREIN STAND
L o s o1.13 40 W 16 00 / l -_-..-..__-'-_ _ _.--. MARS LANDER LANE ,u,,,P A,v.- 20.a.
Air
3305005 W 3689 R=06900' 7 / _o-_. oe5-" oo _- _ L u IQ: oL srzs OF 4:t >
3.24'12'ST" soo - uao�. No,.PoBL:C IN AND F00 EN.o. Lwa
CB-N 13.33'04"E aT a:;:o r w. _ T _r .3
5 CH 406.50' 111 _ _ .. �._ �xVL24 22 sc co-1 20 I9c�� W N alt tlnrt
m
88.23.6.. 16.00' L-409.54' I 1 _
/ I: 34 33 32 31 30 28
L,5 N 46'2a 55 E 36.65' �Tfiaxcaciry .,.TSo sr n s ze.,i sx sc sr 1 5 26 25 21 m 11 E,'. F NEM FOR APPROVAI
I h l w,-,w. m 27
.40 r m BLOCK nso w L..Sc s w ro a -
6 6 a3 - DATE
o o''
a� I _. _ 3o L�
3 1
B
r
8 _ �m I " 0 uo4 C 5
zs -Po agsT' �osi' z
9 S 86 0 38 E 8 3 ' I / N�- L2015 ° -c0_ .12,
x l 3, T 22 - ArvAct .-.-
' O0 1 s LOT 2X i6 vAC STA SHIR ORIV£ 8 88.23'S@ E 3T 2J POC2 ALCU'YE6 vv.t,T.,wiv 2aiE
2 'j / BLOCK A I i o LrsLUEi+T n
2vsrt.0 ^ s n
t1L.o0 4,`; L ur�ury 0404t00
w I ,3i 4L ) ui.
23 8 0 36'02 W 33 21' $3 I G l / �� J- s s3 15.06 co 1 0 c
TC eI I i 1 -_i ,.os u.o ..95 _
S I LOT 3 _. a a.
�m ml BLOCK A - 271-
3 II Si ro.00044 4 �`. _ wT.
2 pi•3s 332i �+" I/ T: :I J j - 35 36 37 38 39 41 42 43 44 46 ~ MRoc1. 01 �s esce�c sm.
ck zo,< s TO 1 ss
0
mz. r
2T N 8823'S8 w)95.50' I I o.rs1. 1 1 ria f o BLOCK 9 $2 "5 s '°305 _a s R x n¢s DAY or ,.oxc.
1 I 3 a isEn6u" / o
L28 8 01'36'02'W 332i' ' 6 2 I- °Ga ( iry -_ -
„ 7' -f-,''Ts- L25 5sa _...y5 cTA 5[cf, .tt or Mtv.[.Tnws
r N /[ L24 �� Ary o5.oa HOA - cog9s .soo »00 3.soo 4540 L/.. -)5
0
0
ea,.in x L w, LOT 46X -
0 0 ,w26�o2ATorv,/ .� FINAL PLAT
POINT
N O1'28435' L16 Li'J - L98
9 E BROWNGATEADDITION
c 2 L N b6 4p T32 35
AN ADDITION TO THE
0 0„
00_ ,2,reR .<e _20 2533313.� CITYTEXAS
,a
_ V664OF WYLIE,COLLIN COUNTY,TE
o `,:' - -- -- -- -- __ -- WEST BROWN,f'TR££T
IPo ,o,,.2.),Iv2 284 w,orx w7 _
GRAPHIC SC AU __ 1 2j / ND
_ 29 RESIDENTIAL LOTS,
9 H.O.A.LOTS AND 1 OFFICE
4 20 0 ...._1 `-' v o.s06.cc o BEING SITUATED IN THE LAND
LOT
(,N FEE]) ` __ __ _- __ __ C. RBUR SURVEY ABSTRACT NO.22
INCH 0 FEET i 50 5)NONE? 6� 6 rvc AND THE WILLIAMS SURVEY,ABSTRACT NO.1021
5‘565 os / ) -..R CONN COON.:ENS 5JRT66 .Aw .. D. COLLIN COUNTY,TEXAS A
-e- - 0�5 a0 / - A.. 50t•1�0.
007 c NON
Y.'T�xwsT \\-��PGj e a> ONE V\D(A'� SURVEYOR:
. - ) SR n DP P c JOB No..zz-n-m,
5 F
r uM 3T �'p0 0 0� E. D5S 9LL
»o T. a FONON 30 3 100 g 1o/ s s,A OWNER OR A - _
�. ry PROVER. 6 SPAN T,MA A�m 06 oaTE��� LE „s750 Global Land Surveying, Inc.
BY 31 IF. 0 orvE I,_/ TONIC FFRA1 ND IC.�o0 SERVING 96.5.1A WORTH 66 ROC LEX SINCE.02
55
02/14/2023 Item K.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, a Final Plat for Dominion of Pleasant Valley Phase 4, establishing 95 single family residential lots
and four open space lots on 23.436 acres, generally located at the northeast corner of Pleasant Valley Road and Dominion
Drive.
Recommendation
I otion to approve Item as presented.
Discussion
OWNER: Wylie DPV,LP APPLICANT: J.Volk Consulting
The applicant has submitted a Final Plat for Dominion of Pleasant Valley Phase 4.Zoning for the single-family development
was approved by the City Council in October 2020 as Planned Development Ordinance No. 2020-54. The Preliminary Plat
was approved in.June 2021.
The plat consists of 95 residential lots and four open space lots. The Planned Development allows for a maximum of 1,104
single family residential lots. Within Phase 1-4 of the Dominion of Pleasant Valley Development there are 652 residential
lots leaving 452 residential lots that can be developed in future phases.
The plat dedicates the necessary rights-of-way and utility easements. Open space lots are to be dedicated to the City of Wylie
and maintained by the H.O.A.
The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations.
Approval is subject to additions and alterations as required by the City Engineering Department.
The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in
accordance with Article 212, Section 212.0091 of the Texas Local Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
56
02/14/2023 Item K.
TableNotes ,
ermits
... -. nd eoc on oT I T5p.,ILO,F3,1EFT421
.z_ -
er Ordinance 2020 SO(See Exhibi:0 General Standards No 0)well the
2 Open space lots shall be dedicated to the Oty of Shylie and mamtained by the 4 0 A
tot O�ryNr . -s a7°S 6 A Cernhcate of Occupancy will not be issued for Me property unM1 all the off,te civilm1 5' ys « 2 wcceptet W ' a 11 ___. .rjrz z>r25
o s' 2 ( Y.The [areas aMoueM1 o Izi rzzIt retainhe right to enter upon casements for public purposes
Co 15 +n n 9G5 s5 z�i8s¢ 1I o pf
um uzi is and anpu ores mthe '1^ 3 ' m, ,
wa,
w z sm z'w".: taro ' - oecc*
ro l I 1 e.lsa,
yo r Propertyowner o wM1tli nncs located _ s I rp0 �
;ss
/ v p0 000 11
az Ul v,s ae,r 2e zpne w ss nw / ,L--T5zys7. \ \\\l
.-xrvr x= � s ^uewen
_
C/ I 3w /norMAP/coco Llal✓r oRve VICINITY MAP
` I
i ► 1 PHEW)
/ nee.
„1 pzroaaloa o5/ 1
Center Line
3n�
/ / � e 1 `- 1 rrveennaIlow alcap
ory
� ; tea,'
Z°S
���.�{ ar
Nrp� /L p 39 ,,,,S EDS I m 11 �.en
l Monunsei,
„ r n y" ( -.oz c�arvo , 1 w9 ' 7218 sr 1 P
urse No
a
n.�r eur sl
3
/ os .4 ,,,,,__ , „k
sT
° '4, 1eSa BSF ' 'nsr
�sF e
-ncEMgnz n / /cs,3 .m 6.rr a,\\\ m P PRAIR sa u''' y.s.z. i".s I .. srJ 1 1 L
Well Maintenance Casement 6000 SF
LOS Lo�D r�, e�z / / _ / mrx =i f „re. 6 RccT p ''as
3z zoa.n-� / / o _p IE CLOVER WAY - \ C. 1- I P
Tznes i /fie ro 8,zn / q /r 1 t
0 g/ BENCHMARKS
rots, a V 1
3 avum 10 Sour Ballard
} State Hkghway No/Sand west of e 0 oa SF / 2 / / oao s n ryes / o.ro �1 7 TI soo a g .03..
of
\\ / zo
201,0,G01,a a o �' / 12 # �1 I 1 ul
�rcc /p / / a / r1 (PLAN) , 1
u' ' \ y ,J / / 0 9180 } 111\1. Iw 'A 1 Wate/ 8pPo i 433sr°4// '// l„,13, z I oS' south'0,alley ard west of Vdh,e Ms Way 145 feet south of
aeo0,104 Located in the norSheast corner of Quail Meadow Pa,
6o ep p deuar
/s aa o 55 1 �lto Is c parkin,area
/01 / ro oo' ..�.., � ue d � �/ J
''/ "h// e / / 6 / 55.09 5o a9
S / BLocx4 1 / 3cs s l\ G mI �
e € " // ones= Q7 F, o 0 1 I .3,
s . Po o o Ali �r\ CM HS Located north of the northeast intersection o,Troy
o 1 �1 ,1 ya
�NOCl/yA / 6 00e5T / Q17 / / z 1 ssri' 2I�, '" an nkren,e
A'F / soo0sc o aoo a; ;/ wa - T .sFk s li s
o 'o''o / al rzoep, h V /� / / / 15lna:s eA In ea53 srl o sr'I'177S �1 a�� nLL o n54.Es'IVLAN nsa.3']'IV'.Lol
""\/ i t A o F // / �vC .� os �Ic I_' \ — "I '�''0"� ,'-E5 ,s.A
a�-4" � < / pm, / / 11-3a __-� L
a55r: qo., s
a Nm W _ 6_,- a'o Ems'LE °
5'- S
LE
/u 2/ �. o sT zn �'s �ANOEa1LL_ ,,f
`7,> �� os. / / // e>0x; �3 / �zo zs5 - 5:— - i_- IN 1 '"�4 eac _ - FINAL PLAT
SPACE / °'`rvvz SF _ v v i L
OC <>/ //"a¢ �, s/a / es
� I
3 DOMINION OF
�� 30 = nit PLEASANT VALLEY
Lry M> o=335T o//a ,e,� /� ,I1200 PHASE 4
0 TO x z6 m �a 1 �� a 3osszsr ;a��j .�5 : �5 else s �8,00 SF �r 1 6 ro 11II 1 '� 23 436 ACRES
ry m o5e o
1
_/ m J / 'A 5o Is rv'r., „ LOTS 131/BLOCK O,LOTS 13 15 39,BLOCK P'
g POINT OF / °8 xr L_i 61 / "'n". ro L 1 r 444 LOTS 1013 BLOCK q,LOTS 1 u,BLOCK R;LOTS10
BEGINNING/ IL pt 3SF 8z�o BLOCK s;Loris SINGLE vAMav ors LOTS 1 la,BLOCK
-yLc' ��.ss
ses hop/E
/ _ 40PEN SPA
/ / _ kn0t 6X tltOKt I\ cm �-` Feu zEWe 8 i }5 Lo 3d el a, r -ai;� I I,o pm rvo.20 �l is 1 /)/ �� - SPACES/COMMON AREAS
hu
n uA/iss '++� \ 11 - _ o;..na \\ 1 1 1 a ABSTRACT NO DE THE
OUT OF
1384
/ SORREL ar"� GUADALUPE DC IDS SANTOS SURVEY,
ra 9 u6 __1a13 r o<xe ,h____ _1IlbL sL1 Y" i. l (//r
, you eT s ` cm oo_ \\\I s� 1/ //1 \.I 9�' 19.SPh Pan Street,
t,Sult SB10-310 ABSTRACT PNO �DALLAS CUONfY�
wr / T noc \,L // L S/1NT05 SURVEY,
SO SAN CASNSNT TO
oLPt a a ,oc 1 I// 1 .1100(COLLIN COUNTY)
/ / / _ _ _ - E
CITY
Y F OA LIA 06
j ° s.'tee _ COLLIN CO S COUNTY,
_yh- Contact Nancy E Pniillps COUNTY LL TY
^'7 / / - ,0 0. . __ S 1 -j 1� c Emml y@t phlfp Ine rpm TEXAS
/ / _ uznovcc,i. ss '1_ '---,-- Cgf neer/Surveyor 15 DeCerltber 2022
.�
Johnson Valk Consultme,Inc
704
Plano,Texas :/ 1 o so Central
Suite1200
/ - _ 4, < / L P 3
74
s Phone 9i2201102 ICHa
/% __ o`� dioneEm.deUUUsago @7nsvKcons 3=a•,mwsroa, s . ax__
sn ..
ss,
7_
02/14/2023 Item K.
[ELM Y—CRIP un OWNER'S DEDICATION:
DOMINION AT PLEASANT VALLEY SURVEYORS CERTIFICATE
PI IASI:FOUR 23436 coo N SLOP KNOW cL MEN BY PRESENTS: THESEKNOW ALL MEN BY -'F.SF "RECOMMENDEDfaliavvddovAt
prepared this pIat from an actuol and courate survey of the land and that the corner
THAT WYLIE DPV LIMITED PAR416ERSHIP,acting herein by ond through gs duly authorized officers,does hereby monuments shown thereon as set webs,properly,Iceed undet my of o.Q DO 0' S n a o cot_with the Subdivision 0 ore.of the y ! y personal P vision in
BCollin County,Texas and the GUADAIEN _GUADALUPE DE LOS SANTOS SURVEO ABSTRACT NO tIPE DE ICS SANTOS SURVEY, NO 1384,City.Wylie, N Conk-moon one
Count, D N D s streets,rights-of-way ond othur public improvements shown thereon The streets cod cdeys.W any,ore aggro,Id:Inning 6 d T Cr,o v e.Teas Zoning
recorded - Texasnduse forever,for the purposes ndicated on this plct No buildings,fences,trees.shrubs or other improvements OFFICE,tfsday
bon201i t all of that tract ot lond desobod in Deed to Wkiie 766E d n No.
_ i V- DO T652T.DeedRecords, a acted ups
County,Te s and being more p.tcu y described as o ow, Dodo over or across the easements as improvemenmayfr, scapeeasemens. approkes ie APPROVED fox CONSTFUCnON
desk ing to use ol using the same unless the easement lim,ts the use to par boOar utilities,soid use by pOglic a
OR REVIEW PURPOSES ONI Y PRE(IMINARI
BEGINNING at a Doke.a 60 foot right-of-way,at the south end of o corner clip fof/ f 1IS DO(UMENT SHALL NOT BE RECORDED
,on Addition to the Cgt y f k Date
Oat cued re OF PI corded n Book 2018,age 28 (Document Na 20180426010018404,,Sap Records,Coign County, b fence,t rubs arm improvements a e (= angerThe City of Wdlie ond public utility enti,es shod hove the rid,to remove and keep removed oll or ports of FOR ANY PURPOSE.
T Marc, red
Texas, f
w right 'ACCEPTED"
egress
THENCE theotedy,with me east li.of said Atldtore the todowl,eighteen(e)col sa and tlstanc s constructing, g reading e C oDs p s
and d9t parts of o respective v y out �. necessity t y _ Registered Pro° ad Survey No 6385
p qmissio anyone North 13 degrees 08 minutes 23 seconds Wes,Anth sakd corner cdp.o distance of 24 25 lot to a /2 a,6-41OrkdOie,Tews Dnte
inch iron rod with a yellow plus,cap stamped OJVC set kor corner 5,the east li..Rosemary Drive,a 50
foot right-of-way,at tho north end of said comer clip,said point being.the beginning of o non-tangent This plot
e a approved objectto c P t-'fg ordinances,s es, 9 loos and soutons of tM1 y f y v §
curve to the.t having a centfol angle of 20 degrees 45 minutes 08 seconds,a radius.2,0
a chord bearing d tl to cc o co 10 degree,59 minutes 28 seconds East 99.06 feet, 0 feet and CD_V OF COLLIN k
ihe undoodned,the Oty Secretary of the City of WO,load.hooky cerffics Oat the
Northeasterly,with said east line of Rosemary Drive and said curve to the felt,an arc distance o`99.60 wINSS MY.not this doy o! 20.u. BEFORE 00 thiS day per sonally appeared Ryan S Reynolds,Land Surveyor known to me to be tl
ere ocopted the
feel o a /2 inch or rod with y p w1c cos',Or,.JVC se for corner, ego edged ded cub.01.1fe,od water and sewer Imes sd
b subdivisiongoog(,,,,plo of the DOMINION OF PLEASANT VALLEY,PHASE,
shown and get forth rn snd upo sold plo and sof Dona further nokozog
North 00 degrees 6 minutes 56 seconds F.st continuing with of Rosemary Drive,n istonce W me person
t he executed the same for,h purpose on ,trims therein expressed nod: acceptance thereof bysign,hs on h¢e a o¢subscribed. e yo to
A Texas Limited Par.nor:,h'p
of 440.01 feet to a 1/2 inch ran rod with a yehlow plastic cap stamped 'set for comer.
wm
eaeopment ro L, x Fr NDerz SY..ND AnD s,=2oo L~ode ._..._ vdf namena oars Bw Webb Peak
23
South 89 degrees 23 minutes 04 seconds East Oavog sod east line of Rosemary Dove,o Ostanee of Its General Porto,
220 00 feet to a /2 inch iron rod with a yellow foot right-of- plastic pstomped st for comer ,the east se of
iorch f Lane,a By.Its General Partner nt ConPany City Secretary,City al Ngyke,Texes
Nockh 00 degrees 36 moutes 56 seconds East,wgh said east Imo of Torch Lilly Lane.a distance of 116 08
feet to a 1/2 iron rod with 1 plastic p 'NO set fog comer at the south end e,a ND r ab a ,and for me State of Iexas
North 4.fk degrees 02 ngnuto 53 secondo East,oth said corner clipa-1A feel o c MO/2 In ,, om.n ssan Exams.
won rod with o yedlow plot,cap Morn,: 50
,VC-setto - tr er n 00
foot right-of-way.at the becOning of a
ngent cove to the left hav,ng a central angle of
degrees 2 n6noteo 42 seconds,o fankus of 1,515.0E teet and a chord hear,and distance North 89
degrees 16 minutes 09 seconds East,1.19 feet. S1,4 fE OF fEXAS d
COUNTY Or DALLAS S JabL1 Mn N] _,END DIVON.,CE Ed,S3EMEN
East.,Oh said south rine and said curve to the left,on with y p st co stomped J - for corner, c distance t9 feet[� / inch Iron rod BEFORE ME,the undersigned authority,a Notary PO,in and for the State of Texoo on this.dote persoady
Drainage Easements are hereby given and gronted to the City,its successors
and North
es,Jr,Ownorks Agent,known to me to be the person whose node 61 oubocrikzed to the (3.LISS*,os easements to prow.visibflity,right of access for montenance,
and
inch iron rod with c yellow 00 d 1�s p ,VG"set D ner the north line o so,
Pare Gloved 0.002 therein expressed
acknowledged.o.e t ct c executed the someo t purpose cod considerations drainage G City shall have the right
but not the obligation to maintain ony and all landscaping within the easements
Woy at .e south End of c corner p C_1 exercise
GIVEN UNDER M"HAND AND SEAL OF OFFOE the day of ,2023 remove '_,
North 44 degrees 58 minute,16 oodndo West,with - f 14_00 feet c 1/2 intoThe Cty mat
won rod with a 466low plastic cap stomped,VCkset for corner in the east line of said lorch Lilly Lano withdraw m.ntenance.the easNNents at any O-ne The ultimate mOntenance
responsibility for the easements shall rest upon the owners No budding,fence,
North 00 degrees 36 minutes 56 seconds East,dgth said east Iine of ler.Lilly lane,a distance of 109 52 n stomped WC set Notary Public r and r the State of Texasor interfere with the visibility,shall be constructed in,op over or across the
shrub,tree cr other improvements or growths,which in any way may endanger
feet to o t/2
degreesy landscape improvements to the easerronts,to erect a,traffic contrui
eet and a oho,/bearing and once o North,3 u. .s 5.5 rr o Block P of said Addition at the beginning of a rion-tandent curve to the rett honng e central on,.ot 31
add gmhddy easements The City shall do have.the right but not Oz.obligat,o.
degrees note .8 seconds East 734-2. eet, My Commission Expires. deg..
or signs on the easements cnd to femove any...ton thereon The
C y,,ds successor,ooigno, rgfl ond prole,ot ell
times to enter upon the easements or any part Easterly,O.said cove.the left,Ieaking said east li.of Torch I My I.e,an arc distance of 743 71 with q c d p epos set -k ter..n- the oa or the purposes and
feet to a t/c inch kon rod wth o yellow plastic p stamped JVC f_south. of Lot 4,
Block l of said Pd..;
North 32 degrees 07 minutes 07 s corn er in the noOhE T0.50 f nt 1/2
tl gdvo onyent cove to the right hoggng a central ogle of 00 degrees
40 minutes 24 seconds,o radius of 1,175 00 feet ond a chord bearing ond distance of South 58 degrees 13
minutes 05 seconds West,/.3 8,feet,
with saof Mint Marigold Drive and said curve to the cight,an orc dfstance of
13 St feet to a 2 inchoron rod wdh a yellow pIasbc cap stomped VC set for the southeast corner of
kok 4,Block 0.said Addition;
North 31
26 minutes 43 seconds Wog leaving said north 5ne of Mint Marigold Drive,o Ostance of
o degrees 1/2 inch iron rod with a yellow plastic cap stamped JVC set for the northeast corned of
said Lot 4, FINAL PLAT
degreesNO(th 58 distance
, - nc_of ts.) feet to 1/2 inch roe rod with a
yellow poor° d.,,,,,,.,,,,,,,et orcorner.
DOMINION OF
North w 60eedegrees 01:motes 10s Eas,a distance of 6421 feet to a 1/2 inc con rod a PLEASANT VALLEY
yedoNorth 58 degrees 25 minutes 06 seconds East,a distance of 63ion26 feet to a 1/2 inch in rod with a PHASE 4
yellow p be cap stompedJy_set mr comer 23.436 ACRES
LOTS 13,17,BLOCK 0;LOTS 1-3,15-39,BLOCK P:
` North 37 degd,s 30 minutes 44 seconds Essl a 20a o 1/2 c .on rod with e
yellow plastic cap stomped"JVC set external ener of.,a .an, LOTS 10-13,BLOCK(1;LOTS 1-21,BLOCK R;LOTS 1-20
45'x 45'VISIBILITY EASEMENT(V.E.)DETAIL BLOCKS;Loris 2-5,BLOCK T&LOTS 1-14,BLOCK U
ng the
EN SINGLE FAMILY LOTSTIhOh 2 de s
- 680E 2 - a 5/2 Ent 1 plastic stomped VVCs-t o the_.et corner u the above
_hushed Wylie DPP,LV tract 40PEN SPACES/COMMON OUT
THE AREAS
STREET OUT OF THE
HENCE South as degrees15econds West, h 'r GUADALUPE DE LOS SANTOS SURVEY,
8 / with r -1__.
Owner/Applicant: ABSTRACT NO.1384(DALLAS COUNTY)
Yellowl D LimitedPartnership GUADALUPE DC LOS SANTOS SURVEY,
4,4 rt _ Document 201300334380 Wylie( - _ 20 BL �\ A ` 20'BL WylieUPV LimitedP
'.., THENCE South 72 degrees 50 minutes 30 seconds East,with so,nottheost line.a distance of 200 22 lot to a
I x} /T Phillips,Inc ABSTRACT NO,1100(COLLIN COUNTY)
\ 1914 Skli Street,Suite 110-310
Zh f 9 ' 0 eat m` MN
Dallas,T 75206
ESMT N Phone:21a s3s 275R CITY OF WYLIE
44, to a /z c e Contact:Nancy E Phillips COLON COUNTY&DALLAS COUNTY,
ek mentionedD 33 Enka; vCt phlrp -tom TEXAS
L minutes seconds west 208 8 feet c Do feet e o chord tau g d distanceNorth 1 g _s Engineer/Surveyor: 15 December 2022
-R.O.W. Johnson Valk Consulting,Inc SHEET 20F2
.44.; fliENCE Northwesterly,dgth soid northeast li.Und said cove to the left,an arc Ostonce 0 feet to the 204 Central Parkway East,Suite 1200
PoIN of BEG N;N.Nc a d co to 23 4a0 ae os of fond,more Dr less. ......... ........ ............ Plano,Texas 75074 9.1.2.,�9,34.l`95QPd you(
Phone: ,92013102 p , , 1 1IIN
- Contact;Gaudio Segovia
Email:Maudl segov a@loh MOmolk tom
58
02/14/2023 Item L.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider,and act upon,a Final Plat for Dominion of Pleasant Valley Phase 5, establishing 68 single family residential
lots and five open space lots on 25.822 acres, generally located at the southwest intersection of Dominion Drive and
Pleasant Valley Road.
Recommendation
I otion to approve Item as presented.
Discussion
OWNER: Wylie DPV,LP APPLICANT: J.Volk Consulting
The applicant has submitted a Final Plat for Dominion of Pleasant Valley Phase 5.Zoning for the single-family development
was approved by the City Council in October 2020 as Planned Development Ordinance No. 2020-54. The Preliminary Plat
was approved in.June 2021.
The plat consists of 68 residential lots, and five open space lots. The Planned Development allows for a maximum of 1,104
single family residential lots. Within Phases 1-5 of the Dominion of Pleasant Valley Development there are 720 residential
lots leaving 384 residential lots that can be developed in future phases.
The plat dedicates the necessary rights-of-way and utility easements. Open space lots are to be dedicated to the City of Wylie
and maintained by the H.O.A.
The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations.
Approval is subject to additions and alterations as required by the City Engineering Department.
The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in
accordance with Article 212, Section 212.0091 of the Texas Local. Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
9_
02/14/2023 Item L.
—1 _/ ,w Y
11111=1111 I.:Me Tible Curve!able
" ; . cm" , _
rr, /
,
w ' 4tc0(i
si
Re4.ow
II
® t966ss= t 1 \ uwu a
nscr Nc en-s .an ss v,n eL>.w
c ea,asnoo er.u,a .w sso-u nw , / I
s I
VICINITY MAP
1 N T.s.
,a= zt.0a,SOPEN 5.CE
FKP ur
(f-:,,,,
>n ,1 '. 1 1 vilatIon of city ordiance and state law and is suNect to f,nes • at C l Tangency o
et
�� Itt per rtencecan u o a.w ae noted)
appurtenanceGeneral Stantla,d,No 4.1
be /2"I.J
Lt,\It4 io 1 — e e 35 t N 7,Milli nal F 0 rdn7,01 ine
x 1 Ct Cur`
I 9
m IF C q E
a Drainage Easement
O3ent
/The 0,shall not be responsible for the maintenance of any
.nu � 5 on ECW irnt '..ight line
n WY
z � ,.,w I _ F e F
\ Mu', I SSE Sena,S L
ti I h h h e KA I' E S FUtilityF t&Sd wOk Easemen,
Easement
n ' on CAP '\ r �E: �: Y F\ 1 J wing ireenng nPrOeme. <e My nt
Y
„ibi
Wall n,intenanee ea,ements are provided for
with
° \ \ :s of m II
a o-92e 4 hO / \ I DPECT C d R f d Records of EC oCountYallas y Texas
Q"
11
''`9 ,!i'' '' 1 mRCCT. Deed
ems as Co,County Texas
e.
b G� rs"k. oss �V \ti
owac, ii / % fi \ O I i ha!
a CM.Located north of State dihway No/8 and wei of
ten„
°��� rs iii��� 95F w'"a v /N� - ,;�`o, n.. _ n n h South Ballard
e0 a
s v°°4 MO SF
/°o `P<E/ �'� gs--,\ G 1 MAN) I
, 'i, south of alley ard we,of Whie Ibis Way .5 feet south of
iy v?� a65 v \ s�3 i Cif lit Located In the northeast corner of Quail Meadow Park
S.
7/00S, ,i is i 5 the south line of alley concrete paving /3 feet perpendicular
% OPEN SPACE
/ A
7200
v
SF �. % IX 5 1I 1 l (HI,.l
'' '9 \ 1 O� ' � Yzss \ i Cif iS.Located no.of the northeast intersection of Troy
t ii \",%4 i/ 60� FRoad and County Road 732(Beaver Creek The monument is
"% S is°' �CPsF" °Dw m <.s 1
>/ e oS
- , 46'000s' ma 2r � I link _a r f r
anehfen
ce
. c �oA Gp3 Y v 6` v n .ze PLA I ns1 Iv Rlu
/ sconsa \ 1
c000sF 'a � �P � �o7 y > e�
� �o,TE 2,o3
farv, w
'Za� $a b/ \ 56iI i36E In.",\\ I
V
x \ OD 'ti °° / / / i1 V
`° / O to $ Tt- / \\,\ \\ I
IF,. / \ & S / en o\ d
E �, ., �e , / "\,, �"fl2 � %. 0,��� / \\ `\ FINAL PLAT
lit)
„a� .� a,60SF s �` oP���°� // �. jv DOMINION OF
� � e\ ��� `: °° / ,, �� PLEASANT VALLEY
4
m PHASE 5\ �,,.: i- a. asF os / es® �. I 25.822 ACRES
\tK4k V9 sgMz 5 I I a'e �.\• ' 46* , ='g, �Y✓'��x uocL mi> d scntF , fio t 0151-1S,BLOCK 1;LOTS 1-16,BLOCK 2;l01ti 1-19,
BLOCKS LOTS 1-5,BLOCK A;LOTS 113 BLOCK 5;
a \ 1 / / nSF 4S„M// woL, I k , .SINGLE FAMILY LOTS
,ge ,e$es 1 a°Z 5i \\u, 5 OPEN SPACEB/COMMON AREAS
OPLN SPACE
LOT 17X,BLOCK 2 OUI OF TILE
" "'o, , :( \665ro SF t GUADAI.IMF DE I.OS SANTOS SURVEY,
IV/ Owner/APPI ABSTRACT NO.138A(DALLAS COUMYI
- 1A8. POINT OF wvre opvL aP hiP
yK 1 1sz1,s 5F T t xkrr< ceo T. Phalm
n
,CP
r ' %. BEGINNING - 191a skim s s'iw no3lo
s. I I I L` 1 �, Dallas,T 75206 CITY OF TYUE
.rr ,azoo "" DALLAS COUNTY,TEXAS
t :s.p SW. IT DM r. — — _ Pion 2I45351758
__ c s ContactNancy E Ph'llm
£ ¢y !. - -"'I~ g pSEma l nancy(t Ph II p'"
4��, Ig ups,1 i .mm 10January2023
's _ 5 655E I38.30 oar„ Eng /S Y R,I cSNEE I'10F3
;¢„ PLEASANT VALLEY ROAD Johnson V lk CATE 14_- ,,,,
— 703iC IP Y East,ante] J4 1200
,aPlano,T o PL K
i dtn PI 972.2013102 SxUc LrxFvI NC
Contact: C
9 v ,E s u axa _ ___ Ema I eland.r to xzm3m:.,w.vw.c
60
02/14/2023 Item L.
Vie„ .7....len,„
,PROJECT=
ra s _ '
/41111P40%
F s ao.
VICINITY MAP
N.T.S.
% Ce ter I.mervot„re or Tangency on
• 1/2"Iran rod sat w th o ye ow p ast'c cop
stamped"JVC.(unless oiherwse noted)
C Acre
% Fit Bu ding Line
p C, Curve No.
wvn s,s F D nee F
[nTuo sons t
nm, ,M� t Easement
Y5 �i '..C.W No. Wo
SF g re Feet
y
.t0q SSE S a S L nt
L',
E S FUtility F ment&S k dewo Eosemen;
v, % slblli y Easement
0
Mointenance
yr J)[~ D P 0 C i -0eetl R f Dallas Lasernent
County Texas
\ `N6rm D P C i Deed Records of Collin County Texas
5 0 sn "3'�, s L8 % p erords of Co,,County Texas
s
,eT. exsar �sb.p / 4' d
xot c9 .3
c NC rarxu xz C6 he h cornerf.he b,Id,,gera d iV.So„Ballard
22
Street
l562,205,V�\ / o<
\ 0.4#9 Located In the northeast corner 0,42.11 Meadow Park
saaro>'<rw 2ns a<' / _� 'vV ���F W _ t ( 1
. P
south of alley a.west of Wh,te Ibis Way 1,15 feet south of
94 : p p acu ar0 V g49 S ex\\
)h TY O/ c `WATER of TeE �'3St //Stper° p�-Nto 13 c par.,area
5 � MOCK, i ace5 y 562 ( :'1 VOLUME,7 30, i
CM.Located no.of the northeast intersection of Troy
PACE 307
loca,ed approximately 8 S.west of the southeast corner of a
/ m/ / Below \„,,,' V cha,n link fence and S 3'south of the south hen rkicrc.
n \/ 8 _ \� �" h V ns 18(PLAN) AS4.1T(F4LU1
4 ,reC., 8SF az
be
i
*8 ssF '< � 1 II▪ I "6,
- t;sE OPEN SPACE 892 YSF
x 10A �� ▪ tor Imams/4946,
I �r k ( e FINAL PLAT
I Y--I
fdliPrill'l
x,a3T --= I '° '\ ,, es.,,�aa DOMINION OF
f
ee s
„:,SE ' PLEASANT VALLEY
PHASE. Nk329'39"E W39
L es"x ,� R s•.c, 5u 3a e
� ear �...... eo •zo 25.822 ACRES
PLEASANT VALLEY oAQ ""r .a
—_ _ __ _ ryryyy. o' I.ti151-15,BLOCK 1;LOTS 1-16,BLOCK 2;L01'ti 1-19,
_ 'W - BLOCKS LOTS 1-5,BLOCK A;LOTS 113 BLOCK 5;
^t GS SINGLE FAMILY LOTS
W > I -- , 5OPEN SPACES/COMMON AREAS
MI OF
962 JUE 1 ncESM, 1xvu cevoNR AO T. s5e5r �G LvpiuNBE}n.�. ,_ao- ubacl ouz Wylie DpVL Owner/AndIP NIP MEN Id NE2222299
AUBS(RACi NO
OFS'OA{NTOSSUPVLY,
PF UE'
/o Team
ps,Inc
alna a ca,ct eas ALIAS COUMY1
1914 S Ilm n Street iete110-310 C) �{\IYL�E
Dallas,Texas 752oe DALLAS COUNTY,TEXAS
Phone:214535-1T58
Contact:Nancy E.Phfillps
Ema1 nancy(.teamphllpslnc'.<om 10 January 2023
Engineer/Surveyor: SNEt1 2 OF 3
loin..Volk Cnnsulting,Inc
704 Central Parkway East,Suite 1200
= Plano,Texas 75074 L'''''''
JOHNSON VOLK
Phone:972-201-3.2 �� („Q[AjS1 CE NG
Contact Claudio Segowa amsa,a6,6 w,ozvo,as�.momru�omwm
Woad claudlo.segovla@ohn onvolk.com '"� I..:� ,wT.,..n,x:n,�w
02/14/2023 Item L.
LEGAL DESCRIPTION OWNER'S DEDICATON:
DOMINION AT PLEASANT VALLEYSURVEYORS CERTIFICATE:
RASE FIVE NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS. KNOW AL MEN PT THESE PRESENTS,i en S.Reynolds.d RECOMMENDED FOR APPROVAL
That Ryan
25.822 ACRES prepared this pat from an actualand accurate survey o'the and ore th.the I
iH E D' OWED T ERS P y - 9 - by corner
DOMINION OF .E S F `re 5,an cry paced under my personal supervision In
BEING a tract of land situated in the GUADALUPE DE LOS SANTOS SURVEY,ABSTRACT NO.1384,City of nee oclo�i t this p e City 9a Wylie. S the hereiriabove described P simple,red.:ate,In fee t the publicaccordance with thenStbdieson set
properly
the City of Wyse p
Peas C 3003343T9 Deed R O Cort of that Moot of,cl.described.unty, Wylie and PV Limited beingt ip. i9 f way on O eropub D The streets .f any.are Zoning gr C Commission
Date
as recorded in Document No. es. Records,Dallas o y Texas n g particularly y dedicated f t purposes. dThe p f public
Ctyo Ye.Taros
d escribed as Mews: usef „ purposes indicated = pbuildings,f improvements OVEN UNDER MY HAND AN SEAL OF OFFICE,this y f
o growths or Wanedupon o except thatlandscape
d
BEGINNING ot a 1/2 inch iron rod with a yellow plastic cop stamped'JVC set of the intersection of the improvements may be placed in landscape easements,if approved by the City Council of the City of Wee.In (APPROVED CONSTRUCTION'
north R a menthe width right-of-way,wth the southwest line of Dominion Drive, ° everts may also utilities o variable al id usna the same uparticular utilities,said use by public FOR REVIEW PURPOSES ONLY. PRELIMINARY,
utllities being subordinated to the public's and City of yli s use thereon
o aw g three(n)courses and d tan s, THIS DOCUMENT SHAL..L NOT BE RECORDEDMeor City of wee,Texas THENCE said northwest-ne a city of Wylie and pubic utility entities she have the right tore and R removed o parts o e FOR ANY PURPOSE. Date
• 8 9 6 55 seconds Wesi leaving [line,a distance f 13830 f Loa b d 9 t t improvements growths y d q. 1.
1/ tic cap stamped rtell with theconstruction,maintenance, t t' systems 'd t City f
Wylie d public utility entities simili all times hove the fel right of ingressd egress to or from their 'ACCEPTED)
respec
R S.R F 0 SS R.P..S.l t the - g g inspecting,peeling, f residing
• 43 degrees seconds West,a distance of 110030 feet to a 1%inch iron rod with° « d'g to or o O pats of the respective systems without thenecessity a[o y m Registered Professional Land
Surveyor Na 6385
yellow plastic cap stamped JVC set for comer, Pro...,permission from,enyOne Meor Cityekso e Texas Date
South 46 degrees 27 minutes 33 seen,West.a distance of 62.08 feet to o 1/2 inch iron rod pat approved subject pattng ordinances regulations reeout'ons Wdie,
yellow paste cap sta Jed fee,.for Ore south corner of sad ye DPV.'«led Portners p tract; h a Texas to rules, and of the y f STATE OF TEXAS A
COUNTY OF GOWN §
o The dCity Secrete..the City of Wye,Tex,hereby f F
THENCE North 45 degrees 52 minutes itr seconds d southwest eforegoing fine eat of of said WylieD L 'f Partnership tract, distance of 3543T eel t northwest /2 w IL inc iron rod with oyellow WITNESS MY HAND this dry of ,2023. BEFORE ME.the undersignedPublic e Ston this day personally appeared Ryon S.Remolds,Lond Surveyor known`to of o me`Texaas o be add f N PLEASANTe DOMINION OF by f
ete....Mee,Mereepted Me
pest.cat;stamped' C" ,t for corner,
the person whose name is subscribed or f t lforegoing instrument d expredgedssed.
to
dedication of seem,alley,pee easement,other plates,and weer and sewer lines as
P e that e executed t o e purpose dconsiderations t.e s.. e ayo °
THENCE North 44 degrees OT 20504 W PARTNERSHIP, note am subsoils..minutes 41 seconds East. southwest a distance of feet A T Partnership b, bo mew-c
{a a t/2'nch rue rod with a vm aw paste cap stamped, .set for corner,
THENCE BY. Webb Peak Dew opmmnt Partners LP, OVEN UNDER Mr ND AND SEAL OF
OFFICE.this. _...._day of Witnessmv hand this lava .D 2c .
North w degrees 46 minutes 5B seconds East o distance of 60.00 feet to a 1/2 inch'ran rod with a Its oenerm Peen, _..__ ._......_
yelmw p Lie cop stamped JVC set for wmer, By RNLI Development company,
THENCE N 28 degrees 26 m ,,e s East,a dist. of 6412 feet to 0 1/2 inch iron rot Gth a Its General Partner y Secretary, yWylie,Texas
yellow plastic cap stamped CVO,.minutes
°Omer. No 6i n Ora for in os
.....___ is y u�. e State of Ter.
THENCE North 31 degrees 31 minutes r seconds East,a distance a!5463 feet to 0 1/2 inch iron rod with° B-________ __
ymliow ptwtic cop stamped'JVC"set for corner;
Ronald N.Hamer,Jr-,President
y Commission Expires,
THENCE astir OT stamped
46 minutes r c seconds East,a distance Of 156,89 feet to a 1/2 inch iron rod with a
yellow plastic cog stomped'JVCI'mat for adman,
THENCE:North 26 degrees 56 minutes 15 seconds West,a distance of 50.00 feet to a 1/2 inch ironSTATE OF TEXAS $ VISIBILITY.ACCESS.MAINTENANCE AND DRAINAGE EASEMENTS
yellow plastic c stamped'JVC"set for c beginning of a non-tangent c right having a COUNTY OF DALLAS § s shown on the plat a Visibility,Access,Maintenance and/air
ap
central 77 eg ee d s 05 minutes 49 se st,14.radius of 305-00 feet and n chord bearing and distance and
Easements a to given and granted to the access Its successors epics
of North J>degrees OB inure..40 seconds East 948.OT fear BEFORE ME,the .Homes,
authority.ne o Notary known
In o s eStateper oY Texoe a` e personally ty d assigns,asn easementsto provide visibility.s.right e City
owed. the
appeared R d N.iaynes Jr.,Owners met known to me d d Oe the person wM1ase namesubscribed to the and not p d d t h fit t right
THENCE Easterly,with said curve to the right. n arc distance o}149.57 feet to 1/2 inch ran rod with oforegoing o.acknow edgmd[°.a that he executed ins..same far the purpose ntl considerations but Should
_g landscaping within the
yellow p tc p stamped JVC set for wmer, thereinexpressed. Snoud the City exerciset s arteno ce right.then it shall be permitted to easements.
os co s am ed
remove anddispose of any and e landscaping improvements.including without
limitation,
THENCE.North 50 degrees.10 minutes 32 seconds Gast o distance of 22.16 feet to a 1/2 inch iron rod with a GIVEN IINUER MY HANU ANU ST:FlL OF 0"'ICE, 202:Y. t lawn any trees shoes,the easements°and d f- h C't rya
_ dsY of ___ _....._ owers gr
withd
ye e(pastio tap stamped'JVC"set for corner, onsibility Mr the eeasemen h el at any
theeownerrs ultimate Medmg maintenance
shrub,tree or other improvements or growths,w danger
THENCE South 82 degrees 59 minutes 16 seconds East,a distance of 50.00 feet to a 1/2 inch Iron rod with a or interfere with the visibility,shall be construe,in
The City shall s the
y plastic p stamped JVC"sot for wmer, Notary ubJc in and for the State of Texas add ofy easements. ail was right n the obligation
add any lol
devices andscape signs
capo improvements theeasements
en to the o remove to eruct any ctiontr thereon. The
yellow deg t East a distance of 2121 feet to a 1/2 a Psuccessors,n ha r
il
yellow Opast.Dap stem. ' C"et for cameo inch iron rod with° My Commission Expires: tiCitmes to its su he eaeo agents
any
remove thereof rightany obstruction the g d
enter upon to part m purposes an
with sal rights and privliegass sate hetF,haroln.I
THENCE Soutastir 82 stamper 13 n- es 02 seconds Fast a - of curve
t feet1/2 in -yellow piastre cap saes 4'JsecondVOMet for c .00 feet of a c left ha.,dis a Soutanglh
3
degrees 5 .500 feet and a chord bearing and distance of South B3
tlegrees 39 minutes minutes
2sseconds EossF.J8r92 4ei,
----------------------------------
THENCE Easterly.with said curve the left,an arc distance of /2 inch iron rod with
plastic capstomped ma's t for aa 3of a 30'North Texas Municipal water omyso-mt 45'x 45'VISIBILITY EASEMENT(V.E.)DETAIL
Easement.as recorded in Volume 4456,Page 457.Deed Records.Dallas County.Texas,
THENCE North 09 es degre 46 minutes 58 Se s i' t hne.e distance of 652.90 feet to a STREET
1/2 fiat.von rod with a yellow plastic cap stamped JVOMet for corner.
THENCE North OC de 36 58 seconds Ea northwest air i
7e6.e0 feet to a 1/2 h a yellow plastic _ r 0
20'Bf x 20 Fit
said northwest 'new-the southeast line of a 20 war E T Muoa water District, — —� —
as recorded in Volume 01 Page 4465 Deed Records, as County Texas; f/ —
THFNCE. 5 9 - T E q -- '---�/ -VISIBILITY
i 5 1/2- to ye plastic p stamped JVC" for comer n the — / I ESMT(TYP)
west of he above mentionedDominion Drive, — — - FINAL PLAT
▪d. w am ea L.toRwwrov,+ '�
THENCE Southeasterly, t 'd west line,the following fi (5),OurSeS 'Naat . , '_ I stmer_ ----- — DOMINION OF
degreesSouth 00 -" R.G.w. PLEASANT VALLEY
y, t p stamped'J cis t at t 5 9 'ng of a curve to the f 9 central he n 1 AL.L..DRIVEWAY
_ angle 69 degrees26 s 46 as i 70.00 feet and a chord bearing PHASE 5 distance or /L 5
South 34 degrees 06 [ 26 -d E [535�3 et.
TABLE 9 25.822 ACRES
arc a nce of 569.6T feet to a 1/2 inch iron rod with a
Ri yellow pus,cop 'OVCM, oorneri MINIMUM SIGHT DISTANCE FOR tars ails,BLOCK I;LOTS 1as,BLOCK 2;LOTS v-rs,
A CAR AT AN INTERSECTION BLOCK 3,LOTS 1-5,BLOCK A,LOTS T Ta BLOCK 5;
S 68 s 48 seconds East a f 283.64 feet o a 1/2' 68 SINGLE FAMILY LOTS
),/, yellow plastic cap stamped OVGMet for corner at tn.beginning of a curve to the right having a cent, .MOH I
13 degrees 32 .s 33 se 0.00 feet and O chord be 9 hoe Of
South sT 03 t 32 d East,1eT 2e feet, 30 110+200=310 SOPEN SPACES/COMMON AREAS
Ed angle
degrees - e� Our OF THE
35 130+250=360
dira Southeasteoy with 'd t t distance of 168.,feet to d 1/2 inch iron rod with a S SURVEY,
40 1AS30+325=475 Owner/Applicant, ABSTRACT Na1384 DALLAASC COUNTY)
yellow nest'°cop stomped'JVC set for corner, 5450 165+400=565 Wylie DPV Limited Partnership ( I
8. 50 190+475=665 c/o Team Maps,Inc.
1914 Skillman Street,suite 110,310 CITY OF WYLIE
ili South wntomng 29-822 Dares Nor tkmnl.5mole on Les,-conds East,°distance of 2.6.31 feet{e the POINT of BEGINNING and OASHTO PITS BRAKE REACTION DISTANCE Dallas,Texas 75206 DALLAS COUNTY,TEXAS
_ +STOPNNG SINE DISTANCE) Phone:214535-iV58
Contact:Nancy E.Phillips
Email'.nancy@Yeamphllllpslnc.com
s APPLICABLE FOR ALL DRIVEWAYSMINI CONNECTIONS i0 DOMINION DRIVE SO January 2023
s &PLEASANT VALLEY ROAD Engineer/Surveyor:
lohn.son Volk Consuitrng,Inc- SNEE i'3 OF a
]OA Central Parkway East,Suite 1200 !
Plano,Texas wron �iw JOHNSON VOLK
Phone:972-201-310z ii CONSULTING
Contact,Claud,.Segovia5. t vo+w
Email,cludio,s g i @j Insonvolk,com
62
02/14/2023 Item M.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Consider, and act upon, a Final Plat of Lot 2R of Wyndham Estates Phase 3,being a Replat of Lots 2, 3 and 4 of Wyndham
Estates Phase 3, establishing one industrial lot on 2.68 acres, located on the northeast corner of Eubanks Lane and Squire
Drive.
Recommendation
I otion to approve Item as presented.
Discussion
OWNER: Wylie Economic Development Corporation APPLICANT: Eagle Surveying
The applicant has submitted a Replat to combine Lots 2, 3, and 4 of Wyndham Estates Phase 3 into Lot 2R of Wyndham
Estates Phase 3. The property is located on the northeast corner of Eubanks Lane and Squire Drive and is zoned Light
Industrial.
The purpose of the replat is to create one lot out of three existing lots and allow for the development of two office/warehouse
buildings. The site plan for the development was approved by the P&Z Commission in January 2023.
The plat dedicates the necessary rights-of-way, utility easements, and provides access easements from Eubanks Lane and
Squire Drive.
The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to
additions and alterations as required by the City Engineering Department.
The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in
accordance with Article 212, Section 212.0091 of the Texas Local Government Code.
P&Z Recommendation
The Commission voted 6-0 to recommend approval.
63
02/14/2023 Item M.
OWNER'S CERTIFICATE&DEDICATION
VICINITY MAP STATE OF TEXAS
(POI scA1,11 N COUNTY OE coxuu y
MIE 1 ECONOMIC n at
�/
i Num .. .,
N
:::tbetxlerat:rtooLtui Publre Recce.of CoN n Cour,Texas berng all of tots 2 3 a.4 Wyndham Eq.,Phase
— + Et N STATE-- ��� ' t('') I�o M vyl I. a north g of S9e e M1u! t ros r0 trof cbanlu teny Tmas accordIng to the plat deco.,In Cahnet F Page 579 of the Plat RecoPP of CollIn CoBnty Texas d
BM' y BEGINNING O
(GO'
St'CP. I----,--.Y } 1 'P THE NO112'1"F log 'trgM1rofxPayr me thx comer.w k of sad tot 2,a e.11&-zfeeto 2ron rod w,t
'g r `" 0 20 46 '
60111RiI Brae - 4comerof Lot io£ss "
OR r
E dot 2 from
NOS"731 W a d stanee of130 feet antl fretn whrch zs„ntl 10 Iron ctl be.NO1 Q.41 E ads4nzw 175AOIemL berng the
BROWN ST Z
1 1d i
WyndhamTHENCE 589 11 1._along the south line otsa,d Lot 1 being the common no.line of sa,d Lot 2 3 and 4 a dntance of 4/0 00 feet to a PP'iron rod found be,ng
' the southeast comer of sad I or 1 the northwest corner Pf I M 10 X sard
addetion to tbe Cty of Wvle Coll,n County Texas accord,ng to the plat reooroed in Volume 2018 Page 450 of Ixe Plat Recoros of Collm Coun,I exas and I.
•, THENCE S01 1241 W along the Best I nes.1 ots 9 a.10 of sad Wyndham Estates(Catcne:F Page 5.)the west Imes of lots PR a.PR Wyndham Estates
4th Remsion an aodit.on to the City of Wylie Collin County Texas according to X,e plat recopied in Cannel°Page 431 of the OP imal Plat Records of Collin
ta
FA
YING'set m the
11 g m doomere tBRandd,ea rnerofsad om..afou 6 mn rod.are
I sm
THENCE BEGINNING g ewer eete resgne commonsomn lines of sad Lots 23 ana 4.a dstaace of483.el het h ne
NOW.THEREFORE,NNOw ALL MEN BY THESE PRESENTS.
I
1 �I .f 1 w ng
a
,e at
herem above.scribed prop.,as WYNDHAM
PHASE RI an ad..:to Coll,n County lens and does hereby dedicate in fee s.ple to the public
> �e e
• _ 0 seen on
GENERAL NOTES other of
g Ixe same unless the easement 1,mits the use.articular uthes sad use by public ufiltes being supordmateto Ine
•
the purpose of -ns III : ell csl or mar nenv way 0 or onswcmn non.ornibs v errespedivs
' d . 1 I/I re...c.T. and t 9 all or pa.of any burld Pgx fen,ms
, tree e
2.1T.Property :/yddd�� Ili t' N I II 1e
4808500420,
1Insurance Rate Map Gated dune 2 .09 as shown on Map Number T�a '-/ tor the p m, m neta svo,e 9 naves o�na maintain.reading meters a.add,ng to or regulations daM1oaa of all or parts of the,respective
Orly of Wylre Texax
1 _ � WI( y a.Vis Me day o .2023.
Coordinate ( ). c �
srs ar svwT v G x'r\�-.l li BY wy4 ECONOMIC
E ECONO [BEVELOPMENT
nance a Pamir. and e subect to fines end/or g whines / \ 7 x\ / re
1 pauw and 1 I
5.1 411 interior property corners are marked B.,a 1/2-mcn iron rod Both a green '‘`t."`' 1 1
iVngte I 5� I Icy iAFinaSUftVEY. I
1 Th.beam.shown on(Ms plat ate basxd ox 0E5 obsePatonx t 17.1Approxmate locations of tne Underground Lfiltes ef shown on Xle survey were 1 — FRANaSg,r, No-bee I s nt P.
g
COUNTY 1 T2 ( ( lip.
Ta
w° i
at the txne of this survey For the exact 1..0n,Underground 1,111.5 ca 1 z 1 / B-B r nor zw m
law sa,-sno g.t accepts no ae tv a,,:racy o1 , n r, e r000-,, and acknowledged m that he executed the sa.e r the w P.e and
the Underground Utilities � 1.� aT " one
1 a o " Given r nano ana seal of dike Bps davof .Ws_
4 I I
CERTIFICATE OF APPROVAL " n I\ .-w -ee.
cnMMENOE RAPPBOVa `1 Non nano nrthe sun of Texas
o
tpu ex,
- I I
Orly of Wylre Texas Zoning Commission Date POB - ` ( M SURVEYOR'S CERTIFICATE
e
n s II'' - NW,/ALL MEN By THESE PRESENTS:
APPROVED FOR CONSTRUOT ON 2„s�e \¢\r"=ur' "ATe ' - y}'J m
,a,ar 1 Y �aEr� y teby�tryh mmedmonumeadshow neean
That MATTHEwR�BE e o
as repro properly placed �,n a bamaen
Mayor Date 1 ° \ , \I\\\ II PRELIMINARY
1v axe � e. 1\ 9 not be recoraed for any
m
• "�•
P:`\ o R EE W HEJ61. - \, cat re el document
9
Tr Ma.ew Raabe_____46402 Data
•
'''Z°orf Wyfm,Texas Date 1 1 cam., �. COU O OF
ET s 9
STATE a
clx`j..
I - '�.y_ . the
The that me ePgnedg the Crty p of Wary o Orly
X Wylre e hereby
at Wylie \_ BEFORE I my personally appeared MATiHEW RaaeE.
s submlmri to am i_ Crty \ • person
name s su that g P instrument and acknowledged to me that he executed me same to the purpose an considerations mere,n
pars o
Bre
e®,sxosEm ox2019 and the Cox.by formal actron then a.there 1 d • 10,013
�,.._
aoceptea the ced,cabon,streets alley parrs easement puol,c places and 1 ,u `-� Oxen aide,my nand and seal nfoiik.tis day 2023
water and sewer I nes as shown and set fo.x and upon saxl plat and sard 'Council further author..the Mayor enccT / o-\o accepnrmeN g g r
T• Notary 'aler the State oTaravI
ma _•
I I •
/ ar.e.T
FINAL PLAT
LEGEND WYNDHAM ESTATES,PHASE III
SG
VOL VOLUME LOT 2R
POB =POINT OF BEGINNING
n,eIRFt
2212.014 EAGLE SURVEYING,LLC SURVEYOR N IRON ROD FOUND
BEING A REPEAT OF LOT 2.3&4
uetaCIRS CAPPED IRON ROD SE I
222 S.Elm Street Suite:200 Surveyng,uc e nc. Wyt oOc;No. Doc ENT NUMEER WYNDHAM ESTATES.PHASE III
01/05/202z Denton,TX 76201 ContactDavid ,pay n„ tFIB ONE COMMERCIAL LOT
s.P.a.!
P:x BEING 2,68 ACRES OF LAND SITUATED IN THE
(94TI 222-300H 2 2 Denton
TX 3oun 1 g Irving
,x a£go e sao Sou rx Tsnaa s
urerhr EN SURVEYING TX Firm#10194177 ovlz.cc.r.- wx r n s FRANCISCO DE LA PINA SURVEY ABSTRACT No.688,
-- ---- CITY OF WYLIE,COLLIN COUNTY,TEXAS PAGE 1 OF 1
02/14/2023 Item N.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Renae' 011ie
Subject
Consider, and act upon, authorizing the City Manager to execute an agreement to extend the Service Contract between the
City of Wylie and National Sign Plaza, Inc. in accordance with Ordinance No. 2008-33.
Recommendation
Motion to approve Item as presented.
Discussion
The City of Wylie entered into a service contract with National Sign Plaza(NSP) to provide kiosk plazas within rights-of-
way in accordance with Sign Ordinance No. 2008-33, adopted July 22, 2008.
The terms of the original contract dated September 8, 2008 were for a five-year period, with an automatic renewal of an
additional five years. Although that contract has since expired(September 8, 2018),NSP has continued to provide services
to Wylie including but not limited to the administrative fee remitted to the City on a quarterly basis as specified in Section
4.B of the contract.
The purpose of this request is to execute an updated contract for a five-year period,with the option to renew for an additional
three years. Because we are nearing build out, staff chose a 3-year renewal option in lieu of the previous 5 year auto-renew.
Prior to the end of the 5-year period staff will revisit the need of the program and possibly consider other options.
Per the agreement, NSP will continue to remit on a quarterly basis an amount of$10 per panel, per month (excluding City
directional panels). The City has used these rebates to fund wayfinding signage at the Municipal Complex,as well as historic
street sign toppers in the Downtown Historic District.
Specifications of the Kiosks as well as maintenance requirements remain the same:
a) Structure shall not exceed 12 feet in height.
b) A City topper panel on each kiosk
c) Panel shall contain only the name of a residential community, subdivision, homebuilder, public facility, City and
logo,the builder or developer's name and/or logo,the builder or developer's recognized color scheme,and directional
information or the name of the builder/developer and logo and an appropriate directional arrow.
d) Contractor shall, at its own cost, maintain, repair, replace and repaint each sign panel as necessary or deemed
necessary by the City.
65
02/14/2023 Item N.
AGR1�;1�;M N;NT FOR S ERVIC N;S
This Agreement("Agreement")is entered into by and between the CITY OF WYLIE and
NATIONAL SIGN PLAZAS, INC., a California corporation ("Contractor") (collectively, the
"Parties").
WHEREAS, City Code of Ordinances Section 9.E allows City to install Kiosks within
rights-of-way and,
WHEREAS, City desires to initiate a Kiosk Program to give direction to subdivisions,
developers and homebuilders within the City, and to contract for the installation and maintenance
of the Kiosks and sign panels; and
WHEREAS, Contractor represents that it is a California corporation authorized to do
business in the State of Texas; and
WHEREAS,Contractor desires to install Kiosks as described more fully in this Agreement;
and
WHEREAS, Contractor desires to maintain the Kiosks after their installation and to lease
space on the Kiosks to developers and homebuilders and to bill and collect fees from the developers
and homebuilders for itself and for the City; and,
WHEREAS, Contractor submitted a proposal that meets the City's needs.
NOW, THEREFORE in consideration of these recitals and other good and valuable
consideration, the value and receipt of which is acknowledged, City and Contractor agree as
follows:
I. Recitals. The Recitals above are hereby incorporated into this Agreement by reference.
2. Contract Documents. The Contract Documents, which set forth the entire Agreement of
the Parties, are named below. In the event of a conflict between the terms of two or more
documents, they shall take priority in the order set forth below including, but not limited
to, the sign ordinance of Wylie, which is incorporated herein as it now exists or may be
amended from time to time:
3.
A. All applicable laws and regulations of the CITY OF WYLIE and the STATE of
TEXAS.
B. This Agreement.
Each party shall comply with all of the terms, conditions and specifications contained in the
Contract Documents.
Page 1 of 13
66
02/14/2023 Item N.
1. Scope of Work. Contractor shall perform the work set forth in the Contract Documents. In
general,this work shall consist of the following:
In administrating the Kiosk Program,the contractor will:
A. Construct, install, maintain and repair approved Kiosks and sign panels at no cost
to the City.
B. Contract with developers and homebuilders for the lease of sign panels.
C. Assist City in determining appropriate locations for Kiosks.
D. Assist City with identifying and removing all illegal off-premise signage.
E. Attend meetings as necessary with City staff and developers to coordinate project.
F. Collect all lease payments and remit to City,on a quarterly basis,an administrative
fee as specified in Section 4.B of this document.
2. Definition,Purpose of Kiosk Programs and Specifications of Kiosks.
A. Definition. For the purposes of this Agreement, a Kiosk is a ladder style sign
multiple sign panels that is installed within the public right-of-way, and which
complies with all applicable sign regulations set forth in the Wylie Code of
Ordinances. The specifications of the Kiosk and sign panels are more fully
developed in these Contract Documents.
B. Purpose of Kiosks. The purpose of Kiosks is to provide direction for homebuyers,
and the like, to the location of subdivisions,housing developments,homebuilders
and public facilities within the City of Wylie while discouraging the placement of
unsightly and hazardous off-site directional signs.
C. Specifications of Kiosks and Sign Panels. Contractor agrees to manufacture and
install Kiosk structures and sign panels in accordance with the specifications in
these Contract Documents,City Ordinance No. 2008-33, and the following:
1. Kiosk Structures shall not exceed twelve (12) feet above average
grade. Structures shall be more completely described in Exhibit A.
2. Kiosks shall be constructed of steel and/or aluminum and shall be
capable of'displaying up to ten (10) sign panels, doubled-sided, if
necessary.
3. A City topper panel will be designed for the City of Wylie and shall
be prominently displayed at the top of any Kiosk within the
jurisdictional limits of Wylie, TX and shall be visible on any side of a
Kiosk which displays directional sign panels.
4. The color of all Kiosk Structures shall be black. All sign panels shall
conform to Section 2.C.11 below.
5. The Contractor shall submit final design plans to the City for approval
prior to installation of any Kiosk.
6. No additions, tag sign streamers, attention-getting devices or other
appurtenances shall be attached to any Kiosk or sign panel.
7. Kiosk locations shall be approved and designated by the City with the
assistance of the Contractor.
8. At the City's request and direction, the Contractor shall remove and
relocate any Kiosks within thirty (30) days of the receipt of written
notice at no cost to the City/County.
Page 2 of 13
67
02/14/2023 Item N.
9. Contractor shall provide, at no cost to the City, at least one panel in
addition to the top panel of each kiosk for use as directional signage
to municipal facilities or information about city-sponsored events.
10. Contractor shall provide to the City a semi-annual inventory report of
existing installed sign panels
11. Sign panels shall contain only the name of a residential community,
subdivision,homebuilder,public facility,City and logo,the builder or
developer's name and/or logo, the builder or developer's recognized
color scheme, and directional information or the name of the
builder/developer and logo and an appropriate directional arrow.
Directional arrows will be of a uniform size;a line of text at the bottom
of the sign panel with directional information is permissible if
circumstances warrant it. Fluorescent" colors are not allowed.
Reflective colors and text are permissible. Unless so authorized by
City, the sign panels shall not appear to replicate the commonly
accepted color schemes of motorist signs.
12. Contractor shall, at its own cost, maintain,repair,replace and repaint
each sign panel as necessary or deemed necessary by the City. Upon
notice by the City,Contractor agrees to undertake necessary repairs or
replacement of any sign panel within seventy-two(72)hours of receipt
of notice.
13. Contractor shall not install or maintain any Kiosks or sign panels
within the City, which are not in compliance with the teiuis of this
Agreement.
14. Sign Panels shall be constructed on Alpolic 360 or similar. The panels
shall overlay with 3M or similar High-Performance Vinyl and
overlamnate.
15. Individual sign panels on the Primary Structures shall not exceed fifty
(50) inches in horizontal length by fifteen (15) inches in height.
Individual sign panels on the Community Structures shall not exceed
fifty (50) inches in horizontal length by fifteen (15) inches in height.
Individual sign panels on the Neighborhood Structures shall not
exceed thirty(30) inches in horizontal length by thirty (30) inches in
height.
3. Number of Kiosk Structures. The City has sole discretion to determine the number and
placement of the Kiosks in its right-of-way. The number and location of Kiosks may be
limited by the restrictions set forth in Ordinance 2008-33. Contractor must also comply
with the administrative procedures set forth in Ordinance 2008-33 regarding the
submission and approval of a map showing the number and location of the Kiosks.
Contractor may submit to City at any time during the term of the Agreement subsequent
requests for the timely approval of additional Kiosk locations, as may be expressed by
homebuilders,developers,and residential communities over time. If the City feels that any
location is unsafe or unnecessary, they may choose to refuse aforementioned sign
approvals.
4. Price and Payment Schedule for the Purchase of the Kiosks and Sign Panels. Subject to
the provisions in Paragraph 6 below, the price and payment schedule for Kiosks shall be
as follows:
A. Contractor will install the Kiosks and rotate City panels at no cost to the City.
Page 3 of 13
68
02/14/2023 Item N.
B. Contractor will collect, and remit to the City, an amount of$10.00 per panel, per
month(Excluding city directional panels). Said fees shall be remitted within ninety
(90) days of the end of each fiscal quarter. Fiscal quarters will be based on the
Contractor's fiscal cycle,beginning October 1 and ending September 30.
5. Term of Agreement and Termination of Agreement
A. Term. The terra of this Agreement is five (5)years.
B. Renewal. At the end of the initial five-year term, this contract may be
automatically renewed for an additional(3)three-year term if both parties agree in
writing before the end of the five year term of their intention(s) to extend this
agreement.
C. Termination. This Agreement may not be terminated by either party, except for
breach as provided for in this Agreement:
1. Termination by City. If Contractor breaches and fails to remedy said
breach as provided for in this Agreement, the City may terminate this
contract. Contractor shall remove the Kiosks within thirty(30)calendar
days after receiving a written termination letter from the City.
2) Termination by, Contractor. If Contractor terminates this Agreement
before the end of the term as stated in subsection A immediately above,
Contractor agrees that the Kiosks shall remain in place and that the sign
panels and all receivables from the placement of the sign panels shall
become the property of the City. Further, Contractor agrees to promptly
transfer all information related to the placement of the sign panels to the
City,including,but not limited to,the original sign service documents, an
accounting of all open accounts, and all other relevant documents. After
the transfer of all information this Agreement shall be of no further effect.
6. Placement of Sign Panels. After the City's written approval and acceptance of the installed
Kiosks,the City agrees to extend to Contractor an exclusive right to use the Kiosks for sign
panel placements and to maintain the Kiosks and sign panels subject to the terms of this
Agreement.
A. Contractor agrees to offer and place sign panels for homebuilders,
developers and residential communities. Contractor further agrees to use
Contractor's best efforts to place all available sign panels.
B. Contractor agrees that the placement fees for the sign panels will be set at
market rate. Contractor shall be allowed an annual cost of living increase
for the placement fees for the sign panels as determined by the Consumer
Price Index.
C. Contractor agrees to maintain all aspects of the placement of the sign
panels,including entering into sign placement service agreements,billing,
collecting fees, and paying any applicable taxes and fees.
D. Contractor will remit to the City on a quarterly basis the amount of the
City's Administrative Fee as specified in Section 4.B of this document.
Page 4 of 13
69
02/14/2023 Item N.
E. Contractor agrees to provide an annual report to the City pertaining to the
number of sign panels installed within the City,the amount billed and the
collection of the City's amount Administrative Fees.
F. Contractor agrees that in no event will the City be liable for any fee
payment or other fees related to the placement of the sign panels.
G. Contractor agrees to include in all sign service agreements an assignment
clause which will assign Contractor's rights to fee payment to the City in
the event Contractor elects to terminate this Agreement pursuant to
Paragraph 5.C.2 above.
H. Homebuilders, developers, and residential communities with sites located
within the jurisdictional boundaries of the City present and soon-to-be-
annexed, shall at all times be allowed to participate in the Kiosk program.
G. City and Contractor agree that no sign panels other than those
Manufactured and installed by Contractor shall be allowed on the Sign
Structures
7. Maintenance of Kiosks:
A. Contractor agrees to maintain the Kiosks and sign panels for the term of
this Agreement.
B. Contractor agrees to replace damaged Kiosks and sign panels, as it deems
necessary or as requested by the City.
C. Contractor agrees to provide to the City a telephone number and a contact
person allowing the City to contact Contractor requesting maintenance on
the Kiosks or sign panels 24 hours a day, seven days a week.
D. Contractor agrees to repair all Kiosks within five (5)business days of the
receipt of the City's written request for repair. Contractor further agrees to
remove for repair all sign panels within seventy-two (72)hours of written.
notification of the need of repair by the City. Sign panel will be replaced
within five(5)business days of the written notification. Email notification
shall serve as proof of written request.
E. Contractor agrees to maintain a regular maintenance schedule to check
each Kiosk and sign panel for all necessary repairs and to complete those
repairs promptly.
F. Contractor agrees to maintain all Kiosks and sign panels in conformity
with all Willis of this Agreement.
8. Indemnification.
NATIONAL SIGN PLAZAS, INC., ITS OFFICERS, DIRECTORS, PARTNERS,
CONTRACTORS, EMPLOYEES, REPRESENTATIVES, AGENTS,
SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND/OR TRUSTEES
(COLLECTIVELY REFERRED TO AS"COMPANY"FOR PURPOSES OF THIS
SECTION), AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD
HARMLESS THE CITY OF WYLIE AND ITS OFFICERS, COUNCIL
MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES
(COLLECTIVELY REFERRED TO AS "CITY" FOR PURPOSES OF THIS
SECTION)FROM ANY AND ALL CLAIMS,DEMANDS,DAMAGES,INJURIES
(INCLUDING DEATH) LIABILITIES AND EXPENSES (INCLUDING
ATTORNEYS' FEES AND COSTS OF DEFENSE) ARISING DIRECTLY OR
INDIRECTLY OUT OF THE OPERATION OR PERFORMANCE OF
COMPANY UNDER THIS AGREEMENT. THE CITY WILL NOT ACCEPT
Page 5of13
70
02/14/2023 Item N.
LIABILITY FOR INJURIES THAT ARE THE RESULT OF THE NEGLIGENCE,
MALFEASANCE, ACTION OR OMISSION OF COMPANY. COMPANY
AGREES TO ACCEPT LIABILITY FOR INJURIES TO ITSELF OR OTHERS
CAUSED BY ITS OWN NEGLIGENCE, MALFEASANCE, ACTION OR
OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY
INTENDED TO APPLY TO, BUT NOT BE LIMITED TO, ANY AND ALL
CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY
ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON
PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON
ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS,
DEMANDS, DAMAGES, ACTIONS AND CAUSES OF,ACTION OF EVERY
KIND AND NATURE,KNOWN AND UNKNOWN,EXISTING OR CLAIMED TO
EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT
RELATIONSHIP BETWEEN COMPANY AND ITS EMPLOYEES OR
SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR
EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM
EMPLOYMENT WITH THE COMPANY,INCLUDING BUT NOT LIMITED TO
ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION
OR PREFERENCE,RACE,RELIGION,COLOR,NATIONAL ORIGIN,AGE OR
DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR
REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION,
BACK PAY,FUTURE WAGE LOSS,OVERTIME PAY,EMPLOYEE BENEFITS,
INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION
ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR
WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM,
WHETHER IN TORT,CONTRACT OR OTHERWISE.
IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE
OR SELECT DEFENSE COUNSEL TO BE RETAINED BY COMPANY IN
FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND
INDEMNIFY CITY,UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY
IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR
ALL OF ITS OWN DEFENSE; HOWEVER,CITY IS UNDER NO OBLIGATION
TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A
WAIVER OF CITY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF
CITY'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS
AGREEMENT. COMPANY SHALL RETAIN CITY-APPROVED DEFENSE
COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN
NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION
UNDER THIS AGREEMENT. IF COMPANY FAILS TO RETAIN COUNSEL
WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN
DEFENSE COUNSEL ON ITS OWN BEHALF, AND OWNER SHALL BE
LIABLE FOR ALL COSTS INCURRED BY CITY.
THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
9. Insurance. Contractor shall maintain in full force and effect throughout the entire term of
this Agreement insurance with an insurance company authorized to conduct business in
WYLIE, TX with the following policy limits.
Page 6 of 13
71_
02/14/2023 Item N.
A. Comprehensive General Liability- $2,000,000 combined aggregate
B. Automobile Liability- $1,000,000
C. Workers Compensation
1. Bodily Injury by Accident-$1,000,000
2. Bodily Injury by Disease - $500,000
Contractor shall present a Certificate of Insurance in a form satisfactory to the City
Attorney which shall name the City as an additional insured party on Contractor's
Comprehensive General and Automobile Liability policies. If during the term of
this Agreement, any such insurance is canceled, or if Contractor fails to renew
same,or if the policy limits are reduced below the limits required above,such event
shall constitute a default of this Agreement. Contractor shall immediately notify
the City in writing if such an event occurs. Contractor shall have Five(5)business
days to cure any such default.
10. Independent Contractor. Contractor shall,at all times herein,be an independent contractor
and not an employee of the City.
11. Notice. Any notice required to be given pursuant to this Agreement may be personally
served upon the parties or may be served by certified mail,return receipt required,to:
CITY: CONTRACTOR:
City of Wylie, TX National Kiosks
Attn: Brent Parker, City Manager Attn: Grant Hayzlett,President
300 Country Club Road 2202 West Huntington Drive
Building 100,First Floor Phoenix,AZ 85282
Wylie, TX 75098
Telephone: (972) 516-6010 Telephone: (480) 968-2978
Fax: (972) 516-6026 Fax:
All notices,regardless of the nature of service,shall additionally be served upon Contractor
at Contractor's office(s)in the State of Texas located at:
Attn: Patrick Fuller,Vice-President
715 Discovery Blvd Ste 309
Cedar Park, TX 78613
Telephone:512-670-3719
Fax: (512) 670-3717
12. Assignment. No provisions of this Agreement or the Contract Documents may be assigned
without prior written consent from both Parties.
13. Subcontracting. Nothing contained herein shall prevent the Contractor from subcontracting all
or any part of the work related to the fabrication and installation of the Kiosk structures and
production of the sign panels, which require equipment, materials and expertise which the
Contractor reasonably may not be expected to possess. The Contractor shall not subcontract
any other part of the work related to this Agreement or the Contract Documents without prior
written consent from the City.
14. Miscellaneous.
Page 7 of 13
72
02/14/2023 Item N.
A. The Contract Documents represent the entire and integrated Agreement between
the City and Contractor and supersedes all prior negotiations, representations of
Agreements,whether written or oral, except as where noted;
B. The Contract Documents may be modified only by a written document signed by
both parties and approved by the City Council at a public meeting;
C. This Agreement shall be governed under Texas State law, and any action relating
to the Agreement shall be brought only in Collin County, Texas;
D. This Agreement and any amendment, waiver, approval or consent relating hereto
may be executed in any number of counterparts, each of which when so executed
and delivered shall be deemed an original, but all of'which when taken together
shall constitute one and the same instrument. The delivery by any party of an
executed signature page to this Agreement or any amendment,waiver,approval or
consent relating hereto by facsimile transmission or by electronic email in Adobe
Corporation's Portable Document Format for PDF) shall be deemed to be, and
shall be enforceable to the same extent as, an original signature page hereto or
thereto. Any party who delivers such a signature page agrees to later deliver an
original counterpart to any party that requests it;
E. The invalidity or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision of this Agreement.
15. Mutual Drafting. The City and the Contractor each has had opportunity to consult legal
counsel regarding the drafting of this Agreement and the provisions of this Agreement shall
not be construed against or in favor of either party.
16. Default and Remedies. If any Party fails to perforiu any of its obligations under the
Contract Documents,such failure shall constitute a default. The non-defaulting Party shall
give the defaulting Party written notice of the default. The defaulting Party shall have ten
(10)business days after the receipt of such notice in which to cure the default. Failure to
cure the default shall constitute a breach of this Agreement. In the event of a breach, the
non-breaching party may terminate this Agreement and may obtain any reasonable remedy
provided by law.
17. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties
and their respective heirs, executors, administrators, legal representatives, successors, and
assigns when permitted by this Agreement.
18. Ordinances. Except as specifically provided in the Agreement Documents, the parties
agree that Company shall be subject to all Ordinances of the City,whether now existing or
in the future arising.
19. 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.
Page 8of13
73
02/14/2023 Item N.
20. Sovereign Immunity. The parties agree that the City has not waived its sovereign immunity
by entering into and performing its obligations under this Agreement.
21. Dispute Resolution
A. Should any dispute between the Parties arise under this Agreement(a"Dispute"),
written notice of such Dispute shall be delivered from one party to the other and
thereafter, the parties, through their appointed representatives or designees (each
an "Authorized Representative"), shall first meet and attempt to resolve the
Dispute in face-to-face negotiations. This meeting shall occur within thirty (30)
days of the date on which a written notice of such Dispute is received from the
complaining party.
B. If no resolution is reached through the informal process set forth in Section 10(a)
above,at the direction of either party's Authorized Representative,the parties shall
engage in non-binding mediation for a period of no less than sixty (60) days (or
such longer period as may be mutually agreed by the parties) (the "Mediation
Period"). The mediation shall be conducted in Wylie,Texas by a single mediator
mutually selected by the parties. The parties shall share equally in the fees of the
mediator. If the Dispute remains unresolved following the Mediation Period,
either party may seek any remedy at law or in equity that may be available. Any
disputes shall be brought exclusively in the District Court of Rockwall County,
Texas.
22. Attorneys' Fees. If any judicial or non judicial proceeding is initiated for the purpose of
enforcing a provision of this contract, the prevailing party shall be awarded reasonable
attorneys' fees in addition to all other costs associated with the proceeding,whether or not
the proceeding advances to judgment.
23. 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.
23. 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 legal counsel.
24. Force Majeure.If the performance of any covenant or obligation to be performed hereunder
by any party is delayed as a result of circumstances which are beyond the reasonable
control of such party (which circumstances may include, without limitation, pending
litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of
materials,adverse weather conditions [such as,by way of illustration and not of limitation,
severe rain storms or below freezing temperatures, or tornados] labor action, strikes or
similar acts, moratoriums or regulations or actions by governmental authorities), the time
for such performance shall be extended by the amount of time of such delay,but no longer
than the amount of time reasonably occasioned by the delay. The party claiming delay of
performance as a result of any of the foregoing"force majeure"events shall deliver written
notice of the commencement of any such delay resulting from such "force maj cure" event
not later than seven(7)days after the claiming party becomes aware of the same,and if the
claiming party fails to so notify the other party of the occurrence of a"force majeure"event
Page 9 of 13
74
02/14/2023 Item N.
causing such delay and the other party shall not otherwise be aware of such"force maj eure"
event, the claiming party shall not be entitled to avail itself of the provisions for the
extension of performance contained in this subsection.
25. No Boycott of Israel. Pursuant to Texas Government Code Chapter 2270, Company's
execution of this Agreement shall serve as verification that the Company does not presently
boycott Israel and will not boycott Israel during the term of this Agreement.
In Witness Whereof, authorized parties have signed this Agreement on the dates indicated below.
City of Wylie, TX National Kiosks,Inc'
a California Corporation
By By
Brent Parker, City Manager Grant I layzlett,President
Date Date
Page 10 of 13
75
O2/14/2O23 Item N.
EXHIBIT " �,._....... ......_ , _._
Toppm 00000 dr0ignod ire
Pririyary ShIrt 'Plaza rr0001c10000 0,0000tical.4000
t roux/I c-k`e t Steel Post Ca 4°042000 m— _.
designed to rrrunoc ple specittietrons Tyr Panel t
2,70 Schodulo 40 Steel Po0000
0000 nate tr r 0'100pie spetnficatian0
1` 008.
Pnnr:ls r
00,000
0,0,00000,
Contmous t00 0,00fat bar inside each post
-
.-
5 04t6" ..�""�110—
NISP tC 01r'stw
DOT approved Breakaway Systern
Primary Sign RoSp1000.01C,. 1:r tt
W
€xll�360 subsirste
ir
HomeBuil o 'er '
000000001or graphics
r`?1e 0000on70l "
Page 11 of 13
76
02/14/2023 Item N.
EXHIBIT "
Community Sign Piave
Thpp.r p aeanl signed ire .
Prefabricated Steel goat Cap. 24N4.2,
e"ciggneato niunrc ai°s r a te r Pan
Ili
6
a cheoui 4D �r
Steel Posts powder-coated *
to rr niclple specifications
1 tt.42 5"
PIVa ropact,o aiY is
c nnti oraS t v r:t . "
I f bar!vise east-f-paa; �-
JS-timtr;tp
, ama� m,., ,.,.,�,�, ^tee_ .,x
DOT"approved Breakaway Systems
P1111t r'thty-Sign Ponel Spec,iffctdiosr
a,.
-Atlhoga6aubstr°ate
rnrtr d ;krr rr f91¢ t ar m HorneBuil
-Futs-tidlor graphics n°°
Page 12 of 13
77
02/14/2023 Item N.
EXHIBIT "A"
4
Neig borhood Sig n Plaza
Topper panel designed t
y„
l Cap fir,xlgrtf to I
',` mckiplit speric1leariea
a
^ "Schtvhde40 Toter Panel
Slce i Posts nt,rtr:i n`a:tlC:d
to munir :°s +?, it al
tt"a4 H5"
in11111111111111111111111111111111111 °34t aigi
at bar ira i e rash b051 ���.
ter^^ .
1 �•
DOT 2Itar rn cr.N f r ek 4W41Y 5Pile ril
Neighborhood Sian Papal Specificallems
sir xr t�W4111E r ..
-Fua-fxdor qtalove:.:, IDEig Bu
ome ilder
,„„
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.Dicecttottat arrow
k r
Page 13 of 13
78
02/14/2023 Item O.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Purchasing Account Code: 100-5411-54210
Prepared By: Glenna Hayes
Subject
Consider, and act upon, the approval of Contract #W2019-84-A Modification No. 3 for Concrete Maintenance & Repairs
(Various Locations) with GT Construction increasing the estimated annual expenditures, and authorizing the City Manager
o sign any and all necessary documents.
Recommendation
Motion to approve the Item as presented.
Discussion
Wylie Contract#2019-84-A is for the removal and replacement of damaged streets, sidewalk, and access ramps. This item
was originally bid in 2019, and awarded by City Council at the June 25, 2019 meeting in the estimated annual amount of
$750,000.00, and was later modified to add additional items and price increases for an estimated annual expenditure of
$825,000.
With the increase in funding in the amount of$10,000,000 to the Public Works Department from the 2022 Bond(to be issued
in annual amounts of$2,000,000), staff recommends the approval of Modification No. 3 increasing the estimated annual
expenditure of this contract to $3,000,000/year(approximately$1,000,000 in the annual base budget plus $2,000,000 annual
from the Bond). This contract has an annual renewal date of July 10, 2023 with one additional renewal period, expiring on
July 10, 2024.
79
02/14/2023 Item 1.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Police Account Code:
Prepared By: Anthony Henderson
Subject
Hold the second and final Public Hearing and consider, and act upon, Ordinance No. 2023-09, continuing the City's juvenile
curfew ordinance and making findings related thereto;providing a savings/repealing clause and an effective date.
Recommendation
I otion to approve the Item as presented.
Discussion
Texas Local Government Code 3a70.002 states that before the third anniversary of the date of adoption of a juvenile curfew
ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court,and every
third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioners
court of the county shall:
1.Review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy;
2. Conduct public hearings on the need to continue the ordinance or order; and
3. Abolish, continue, or modify the ordinance or order.
Section 3b7.002 states:
b)Failure to act in accordance with Subsections (a)(1)-(3) shall cause the ordinance or order to expire.
The first of two public hearings to receive input from citizens and staff was held on January 24, 2023. The second public
hearing and action regarding Ordinance No. 2020-22 will be held at the February 14,2023 City Council Meeting.
This Ordinance gives officers a tool to reduce juvenile crime by specifying times and locations where unsupervised juveniles
under the age of 17 can be. Statistics have shown that when unsupervised juveniles gather late at night they are at higher risk
of becoming a victim of crime or becoming involved in criminal activity.
Since the last ordinance review, Wylie officers have responded to seven calls in regards to curfew violations and issued 16
citations.
80
02/14/2023 Item 1.
ORDINANCE NO. 2023-09
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CONTINUING THE
CITY'S JUVENILE CURFEW ORDINANCE AND MAKING FINDINGS
RELATED THERETO; PROVIDING A SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, on February 25, 2020,the City Council of the City of Wylie,Texas("City Council")
last reviewed and continued the curfew ordinance for minors in the City of Wylie, Texas("Wylie"),which
is codified at Article III of Chapter 74 of the Wylie Code of Ordinances, Ordinance No. 2021-17, as
amended("Code of Ordinances"); and
WHEREAS, the City Council has again reviewed the ordinance's effects on the community and
on the problems the ordinance was intended to remedy; and
WHEREAS,the City Council has held two public hearings on the need to continue the ordinance;
and
WHEREAS, the City Council finds that the continuance of the curfew ordinance is necessary to
provide for the protection of minors from each other and from other persons,for the enforcement of parental
control over and responsibility for children,for the protection of the general public and for the reduction of
the incidence of juvenile violence and criminal activity; and
WHEREAS,the City Council finds that it is in the best interest of the citizens of Wylie to continue
the curfew ordinance in accordance with Section 370.002 of the Texas Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION I: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Continuation of Ordinance. In accordance with Section 370.002 of the Texas Local
Government Code, the City Council has reviewed the City's juvenile curfew ordinance and its effects on
the community and on the problems the ordinance was intended to remedy, has conducted two public
hearings and desires to continue the ordinance. Accordingly, Wylie's juvenile curfew ordinance, codified
at Article III of Chapter 74 of the Wylie Code of Ordinances,is hereby continued.
SECTION 3: Savings/Repealing.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.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The
City Council declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases
is declared unconstitutional and/or invalid.
Ordinance No.2023-09 Continuing Juvenile Curfew Ordinance Page 1 of 2
3933352
81
02/14/2023 Item 1.
SECTION 5: Effective Date. This Ordinance shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 14th day of February, 2023.
Matthew Porter,Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Stephanie Storm, City Secretary
Ordinance No.2023-09 Continuing Juvenile Curfew Ordinance Page 2 of 2
3933352
82
02/14/2023 Item 2.
Wylie City Council
CITY OF
AGENDA REPORT
Department: Planning Account Code:
Prepared By: Jasen Haskins,AICP
Subject
Hold a Public Hearing, consider, and act upon, a change in zoning from Commercial Corridor(CC) to Commercial Corridor
-Special Use Permit(CC-SUP)on 0.917 acres located at 2505 FM 1378 (ZC 2022-17).
Recommendation
I otion to approve the Item as presented.
Discussion
OWNER: Newzad Brifki APPLICANT: Newzad Brifki
The applicant is requesting to rezone 0.917 acres located at 2505 FM 1378. The current zoning is Commercial Corridor(CC)
and the requested rezoning is Commercial Corridor - Special Use Permit (CC-SUP) to allow for an office use within a
residential structure.
The property is currently zoned Commercial Corridor by Ordinance No. 2019-07. City Council approved the zoning change
from Agricultural in February 2019. The request for the 2019 change in zoning was submitted by a previous property owner
with a plan to raze the residential structure and develop a one story commercial building. The approved zoning exhibit is
included for reference.
The applicant is proposing an office use in the existing residential structure with the addition of a driveway and seven parking
stalls. However, per the Zoning Ordinance requirements, any plan that is not consistent with the approved zoning exhibit
requires a new change of zoning request.
The SUP conditions modify the Commercial Corridor design requirements to allow for the existing residential structure and
exterior of brick and wood paneling. No additions or major alterations shall be allowed to the existing structure or the SUP
shall null and void. Additionally, per the P&Z Commissions recommendation, the SUP will be void if there is a change in
ownership.The SUP being void would require the property owner to develop the property in accordance with the 2019 zoning
case or seek a new SUP.
The properties adjacent to the subject property on the west and south are zoned Agricultural. The property to the north is
zoned for commercial development. The property to the east is located outside of the City limits and contains commercial
development.
The subject property lies within the Local Commercial sector of the Comprehensive Land Use Plan. The proposed zoning is
compatible with the Plan,but the design is not.
Notices were sent to four property owners within 200 feet as required by state law. At the time of posting one response was
received in favor and none in opposition of the request.
83
02/14/2023 Item 2.
P&Z Recommendation
After some discussion regarding the proposals compatibility with the future land use plan and the possibility of limiting the
SUP to the current owner, the Commission voted 7-0 to recommend approval with the condition that the SUP be limited to
the current property owner.
84
85
02/14/2023 Item 2.
86
02/14/2023 Item 2.
Page 1 of 1
Brifki Business Center
EXHIBIT “B”
Conditions For Special Use Permit
I. PURPOSE:
The purpose of this Special Use Permit is to allow for an existing residential
structured to be converted into a commercial multi-service office.
II. GENERAL CONDITIONS:
1. This Special Use Permit shall not affect any regulations of the Commercial
Corridor District (CC) set forth in Article 4, Section 4.1 of the
Comprehensive Zoning Ordinance (adopted as of April 2021), except as
specifically provided herein.
2. The design and development of the Brifki Business Center development
shall be in accordance with Section III below and the Zoning Exhibit
(Exhibit B).
III. SPECIAL CONDITIONS:
1. Design criteria of the Commercial Corridor Architectural Design
Requirements of the Zoning Ordinance (adopted as of April 2021) shall be
modified to allow for the existing residential structure’s material and design
comprised of brick and wood paneling to comply with the design standards
for the proposed commercial office development.
2. The Zoning Exhibit (Exhibit C) shall serve as the Site Plan for the
development. Approval of the SUP shall act as site plan approval.
3. No additions or major alterations shall be allowed to the existing structure
or the SUP shall be null and void.
4. The SUP shall be null and void should the property not be owned by Brifiki
Motor Company LLC.
87
02/14/2023 Item 2.
88
02/14/2023 Item 2.
89
02/14/2023 Item 2.
MARKDATE DESCRIPTIONAABBCCDD1122334455SHEET TITLECONSULTANTSPROJECT NO:MODEL FILE:-DRAWN BY: -COPYRIGHT:SHEET #LayNo1 OF 1A-0.1SITE PLANRETAILS AT2505 COUNTRY CLUB RDWYLIE, TXPROJECT DATAZONING AG/30 CURRENTCR PROPOSEDPROPOSED USE RETAIL / RESTAURANTLOT AREA 1.0 ACREMAX. BUILDING HT 36'FRONT SET BACK 25'REAR/SIDE SET BACK 10'LANDSCAPE BUFFER 10'TO SF5' TO MFPARKING REQUIRED RESTAURANT 28RETAIL 14TOTAL 42PARKING PROVIDED 4820 SPACES (42%) IN FRONT OF BUILDINGPROPOSED BUILDING 8400 SFFLOOR AREA RATIO 19.3%109711EXISTING SIDEWALKENCLOSED DUMPSTERPROPOSED 1-STORY BUILDING2505 COUNTRY RD WYLIE, TXTOTAL AREA 8400 SFRESTAURANT 2800 SF (33%)RETAIL STORE 5600 SF (67%)NOT IN SCOPENOT IN SCOPENOT IN SCOPECOUNTRY CLUB ROADTRANSFORMERACCESS/UTILITY EASEMENTMUTUAL ACCESS EASEMENTMUTUAL ACCESS EASEMENT25' SET BACK10' LANDSCAPE BUFFERPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINE10' LANDSCAPE BUFFER24' FIRE LANE24' FIRE LANESCALE: 1/16" = 1'-0"SITE PLANA108'16' 32'
N
104" CALIPER TREE3" CALIPER TREETEXAS SAGE4" CALIPER TREEDWARF BURFORD HOLYMUTUAL ACCESS EASEMENT2505 COUNTRY CLUB RDWYLIE, TX11/28/18 REVIEW15' PECAN ORCHARDWATER SUPPLY EASEMENT30' NTMWD WATERLINE EASEMENT12/12/18 REVIEWPRELIMINARY ONLYCONCEPT PLANEXHIBIT "C"9002/14/2023 Item 2.
MARKDATE DESCRIPTIONAABBCCDD1122334455SHEET TITLECONSULTANTSPROJECT NO:MODEL FILE:-DRAWN BY: -COPYRIGHT:SHEET #LayNo1 OF 1A-0.1ALTSITE PLANALTERNATIVERETAILS AT2505 COUNTRY CLUB RDWYLIE, TXPROJECT DATAZONING AG/30 CURRENTCR PROPOSEDPROPOSED USE RETAIL / RESTAURANTLOT AREA 1.0 ACREMAX. BUILDING HT 36'FRONT SET BACK 25'REAR/SIDE SET BACK 10'LANDSCAPE BUFFER 10' TO SF5' TO MFPARKING REQUIRED RESTAURANT 25RETAIL 13TOTAL 38PARKING PROVIDED 4419 SPACES (40%) IN FRONT OF BUILDINGPROPOSED BUILDING 7560 SFFLOOR AREA RATIO 17.4%98711EXISTING SIDEWALKENCLOSED DUMPSTERPROPOSED 1-STORY BUILDING2505 COUNTRY RD WYLIE, TXTOTAL AREA 7560 SFRESTAURANT 2500 SF (33%)RETAIL STORE 5060 SF (67%)NOT IN SCOPENOT IN SCOPENOT IN SCOPECOUNTRY CLUB ROADTRANSFORMERMUTUAL ACCESS EASEMENTMUTUAL ACCESS EASEMENT25' SET BACK10' LANDSCAPE BUFFERPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINE10' LANDSCAPE BUFFER24' FIRE LANE24' FIRE LANESCALE: 1/16" = 1'-0"SITE PLAN - ALTERNATIVEA108'16' 32'
N
94" CALIPER TREETEXAS SAGE4" CALIPER TREEDWARF BURFORD HOLYMUTUAL ACCESS EASEMENT2505 COUNTRY CLUB RDWYLIE, TX11/28/18 REVIEW15' PECAN ORCHARDWATER SUPPLY EASEMENT30' NTMWD WATERLINE EASEMENT3" CALIPER TREE15' SANITARY SEWER EASEMENTPRELIMINARY ONLYEXHIBIT "C"9102/14/2023 Item 2.
MARKDATE DESCRIPTIONAABBCCDD112234455SHEET TITLECONSULTANTSPROJECT NO:MODEL FILE:-DRAWN BY: -COPYRIGHT:SHEET #LayNo1 OF 1A-2.1ELEVATIONSRETAILS AT2505 COUNTRY CLUB RDWYLIE, TXSCALE: 1/8" = 1'-0"EXTERIOR ELEVATION - EASTC104'8' 16'SCALE: 1/8" = 1'-0"EXTERIOR ELEVATION - NORTHA304'8' 16'SCALE: 1/8" = 1'-0"EXTERIOR ELEVATION - WESTB104'8' 16'SCALE: 1/8" = 1'-0"EXTERIOR ELEVATION - SOUTHA104'8' 16'31st FLOOR±0"T.O. PARAPET+27'-8"T.O. ROOF+18'-0"1 1st FLOOR±0"T.O. PARAPET+24'-5"T.O. ROOF+18'-0"T.O. PARAPET+24'-5"1 1st FLOOR±0"T.O. PARAPET+27'-8"T.O. ROOF+18'-0"BRICK VENEERSTUCCO FINISHMETAL AWNINGBRICK VENEERSTONE VENEERSTUCCO FINISHSTONE VENEERMETAL COPPINGBRICK VENEERBRICK VENEERMETAL AWNINGSTUCCO FINISHSTUCCO FINISHSTONE VENEER11/28/18 REVIEWPRELIMINARY ONLYEXHIBIT "C"9202/14/2023 Item 2.
Wylie City Council
AGENDA REPORT
Department: Purchasing Account Code: 100-5231-54910
Prepared By: Glenna Hayes
Subject
Consider, and act upon, the award of Job Order Contract #W2023-40-I to Hill & Wilkinson Construction Group, LTD for
repairs and remodel upgrades at Wylie Fire Station No. 1 in the estimated amount of $277,099 through the use of an interlocal
purchasing agreement with the Collin County Governmental Purchasing Forum and Collin College; and authorizing the City
Manager to sign any and all necessary documents.
Recommendation
Motion to approve the Item as presented.
Discussion
On December 23, 2022, Fire Station No. 1 sustained a considerable amount of water damage following the rupture of water
lines during the freezing weather. This is the third consecutive year that this fire station has experienced water damage and
displacement of personnel due to frozen water lines.
In addition to the immediate repair of affected structures, systems, and contents, Staff is requesting approval of an expande d
scope of work to include infrastructure improvements. The goal is to bring current electrical, plumbing, and HVAC up to
current code and standard, as well as inclusion of design features centered on the prevention of future damage to the
facility. Additionally, the project includes modification of living and sleeping quarters to better facilitate the housing and
operation of additional personnel, as well as privacy features necessary for the accommodation of mixed -genders.
Staff is utilizing an interlocal purchasing agreement with the Collin County Governmental Purchasing Forum (CCGPF) which
allows the City to utilize contracts bid by the Forum’s members. Collin College (a member) completed a competitive bid for
Job Order Contracting Services (JOC), and award an agreement to the Gordian Group to manage a pool of contractors. Staff
selected Hill & Wilkinson Construction Group, LTD from the pool, negotiated the scope of work, and pricing is submitted
using the Gordian Construction Manual.
Staff recommends the award of this JOC agreement to Hill & Wilkinson Construction Group, LTD in the amount of $277,099
as providing the best overall value to the City. The City is authorized to purchase from a cooperative purchasing program
with another local government or a local cooperative organization pursuant to Chapter 791 of the Texas Government Code
and Section 271 Subchapter F of the Local Government Code; and by doing so satisfies any State Law requiring local
governments to seek competitive bids for items.
Wylie #W2023-40-I / Collin College #4426.05
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02/14/2023 Item 3.
Wylie City Council
AGENDA REPORT
Department: Animal Services Account Code:
Prepared By: Shelia Patton
Subject
Discuss the addition to the City of Wylie, Code of Ordinances, Chapter 18 Animals, prohibiting the sale of dogs and cats by
retail pet stores and the sale of animals from public places.
Recommendation
Discussion
Discussion
Discussion of Code of Ordinances, Chapter 18 Animals.
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02/14/2023 Item WS1.
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:
Animal Services means the City of Wylie Animal Services as defined and appointed under
section 18-1.
Adoption Agency means an animal welfare organization or animal placement group approved
by the animal services manager to take impounded dogs and cats from animal services for
adoption to the public.
Animal Welfare Organization means a non-profit organization incorporated under state law and
exempt from federal taxation under Section 501(c)(3) of the federal Internal Revenue Code, as
amended, and whose principal purpose is the prevention of cruelty to animals and whose
principal activity is to rescue sick, injured, abused, neglected, unwanted, abandoned, orphaned,
lost, or displaced animals and to adopt them to good homes.
Retail Pet Store means a business that regularly sells animals for pet purposes to an ultimate
owner. The term includes any owner, operator, agent, or employee of the business.
PROHIBITING THE SALE OF DOGS AND CATS BY RETAIL PET STORES
Except as provided in this section,a retail pet store commits an offense if the retail pet store
sells, exchanges, barters, gives away, or transfers, or offers or advertises for sale, exchange,
barter, give away, or transfer a dog or cat, regardless of age.
(a)A retail pet store may provide space for the display of dogs or cats available for
adoption by animal services, an animal welfare organization, or an animal adoption
agency, if the retail pet store does not have an ownership interest in any of the displayed
dogs or cats and the retail pet store does not receive any fees or compensation
associated with the display of the dogs or cats.
(b)It is a defense to prosecution under this section if an individual sells, exchanges,
barters, gives away, or transfers, or offers or advertises for sale, exchange, barter, give
away, or transfer only dogs or cats bred by that individual.
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02/14/2023 Item WS1.
PROHIBITING THE SALE OF ANIMALS FROM PUBLIC PLACES
(a)A person commits an offense if he sells, exchanges,barters, gives away, or
transfers, or offers or advertises for sale, exchange, barter, give away, or transfer, a dog,
cat or other animal from:
(1)any public property, including but not limited to public right-of-way and
City-owned property; or
(2)any property generally accessible by the public that does not have a valid
certificate of occupancy allowing the sale of animals on the property, regardless
of whether such access was authorized.
(b)It shall be unlawful for a retail pet store or any manager, operator, or property owner
to allow the conduct described in subsection (a).
(c)This section does not apply to, and it is a defense to prosecution under this section
if, the person is working on behalf of:
(1)animal services,
(2)an animal adoption agency; or
(3)an animal welfare organization.
(d)It is a defense to prosecution under subsection (b)above that the person is not a
retail pet store and is working on behalf of a veterinary clinic; animal hospital; bona fide
zoological park; circus; educational institution; museum; licensed laboratory; publicly
owned nature center; bona fide educational or scientific association or society approved
by the director of health; or organization holding permits from an agency of the state or
the United States for the care and keeping of animals for rehabilitative purposes.
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02/14/2023 Item WS1.