08-11-2009 (City Council) Agenda Packet Wylie City Council
CITY:F WYLIE NOTICE OF MEETING
Regular Meeting Agenda
August 11, 2009 — 6:00 pm
Wylie Municipal Complex - Council Chambers
2000 Highway 78 North
Eric Hogue Mayor
M. G. "Red" Byboth Mayor Pro Tem
David Goss Place 1
Kathy Spillyards Place 3
Bennie Jones Place 4
Rick White Place 5
Carter Porter Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD
972.442.8170.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATION
• Presentation of the "Battle of the Badges". (J. Duscio, Police Chief/R. Corbin, Fire
Chief)
• Presentation to the Citizens Police Academy. (I Duscio, Police Chief)
August 11,2009 Wylie City Council Regular Meeting Agenda Page 2 of 3
• Presentation, and place on file, a Performance Agreement between the Wylie
Economic Development Corporation and Sanden International (U.S.A.), Inc. (S.
Satterwhite, WEDC Executive Director)
• Presentation, and place on file, the FY2009-2010 Budget of the Wylie Economic
Development Corporation. (S. Satterwhite, WEDC Executive Director)
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the July 28, 2009 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
REGULAR AGENDA
General Business
1. Consider, and act upon, Resolution No. 2009-23(R) accepting the proposed property
tax rate for fiscal year 2009-2010 and accepting the calculation of the effective tax
rate as provided by the Texas Property Tax Code. (L. Vaughan, Finance Director)
Executive Summary
In accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates
and other statements and schedules must be published. The proposed budget is based on a tax rate of
$0.8989 per $100 valuation. This year's effective tax rate is $0.921992 and the rollback tax rate is
$0.971237. Any change in the proposed tax rate will require revision of the proposed budget. Since the
proposed tax rate is less than both the effective and rollback tax rate, no public hearings on the tax rate are
required.
2. Consider, and act upon, Ordinance No. 2009-21, repealing Ordinance No. 2008-33
(Sign Regulations); adopting an ordinance establishing sign regulations; providing
for a penalty for the violation of this ordinance; providing for repealing, savings and
severability clauses; providing for an effective date of this ordinance; and providing
for the publication of the caption hereof. (M. McAnnally, Building Official)
Executive Summary
Staff is presenting the attached sign ordinance to repeal and replace the existing sign ordinance setting forth
new sign regulations in the City of Wylie, Texas. The ordinance seeks to standardize the City of Wylie
regulations for sign heights and display areas throughout our jurisdiction. This ordinance has been reviewed
and prepared by our City Attorney's office. The recommended version of the ordinance incorporates the
August 11,2009 Wylie City Council Regular Meeting Agenda Page 3 of 3
three additional instructions provided by Mayor/Council originating during the July 7, 2009 Joint Work
Session.
READING OF ORDINANCE
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
ADJOURNMENT
CERTIFICATION
I certj that this Notice of Meeting was posted on this 7`"day of August, 2009 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was
contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: 8-11-09 Item Number: Presentation#1
Department: WEDC (City Secretary's Use Only)
Prepared By: Sam Satterwhite Account Code:
Date Prepared: 7-31-09 Budgeted Amount:
Exhibits: 1
Subject
Consider, and place on file, a Performance Agreement between the Wylie Economic Development Corporation
and Sanden International (U.S.A.), Inc.
Recommendation
N/A
Discussion
As presented to Council in Executive Session on June 23, 2009 and as approved by the WEDC Board of
Directors on July 17, 2009, an executed Performance Agreement between the WEDC and Sanden International
(U.S.A.), Inc. is attached for your review. With the assistance of the WEDC, Sanden will be undertaking an
$8.5 million expansion/upgrade to an existing compressor manufacturing line.
The expansion will take place in two phases; the first phase ($5.8 million) will be completed by April 1, 2010
with the second phase ($2.7 million) complete by April 1, 2011. Following receipt of documentation required
within the agreement, Sanden will be reimbursed $200,000 for Phase I expenditures and $100,000 for Phase II
expenditures. In addition to providing documentation supporting the expenditure of$8.5 million, Sanden must
maintain no less than 275 production employees, pay all property taxes due for the prior year, and maintain an
appraised value for real and personal property of no less than $58 million.
In an effort to ensure that the upgraded manufacturing line is functional as well as ensuring that the public
investment was utilized properly, Sanden must provide documentation supporting the production of no less than
340,000 compressor units by April 1, 2012 attributed to the proposed real and personal property improvements.
Should Sanden be in default of this provision, all incentives funded will be required to be returned to the
WEDC.
Approved By
Initial Date
Department Director SS 8-1-08
City Manager
Page 1 of 1
r/e
PERFORMANCE AGREEMENT
Between
W %LIE ECONOMIC DEVELOPMENT CORPORATION
And
SANDEN INTERNATIONAL(U.S.A.), INC.
This Performance Agreement (this "Agreement") is made and entered into by and between
the 'Wylie Economic Development Corporation (the "WEDC"), a Texas corporation organized
and existing under the Development Corporation Act of 1979, as amended from time to time (the
"Act"), and Sanden International (U.S.A.), Inc. a Texas Corporation (the"Company").
RECITALS
WHEREAS, the Company is desirous of making real and personal property improvements
to its existing facility and PXF Compressor Line (the "Project"). The improvements will have a
minimum cost of Eight Million Five Hundred Twenty Thousand Dollars ($8,520,000.00) and will
be located at 601 South Sanden Boulevard in Wylie, Texas (the"Facility"); and
WHEREAS, the Company has requested that the \ hut., provide economic assistance to
facilitate the construction of the proposed improvements by providing cost reimbursement for
improvements including research& development, new equipment& modification, quality control,
technical expertise, new washers, and facility improvements(the"Improvements"); and
WHEREAS, the Improvements for the Company's Facility in the City of Wylie, Texas
will retain "primary jobs", as that term is defined in the Act, being a job available at a company
for which a majority of the products or services of the company are ultimately exported to
regional, statewide, national or international markets; and
WHEREAS, primary jobs retained by the Improvements undertaken by the Company falls
within the North American Industry Classification System(NAICS) Sector No. 551; and
WHEREAS, the WEDC has determined that it is in the best interest of the public and the
City and promotes the purposes authorized by the voters of the City of Wylie for which the WEDC
was established to encourage the development and use of industrial and business properties within
the City; and
WHEREAS, the WEDC is willing to provide the Company with economic assistance
hereinafter set forth on the terms and subject to the conditions as stated herein and Company is
willing to accept the same subject to all terms and conditions contained in this Agreement.
NOW,THEREFORE, for and in consideration of the promises, covenants and agreements
set forth herein, the receipt and sufficiency of which are hereby acknowledged, the WEDC and
Company agree as follows:
I. Economic Assistance. Subject to the terms of this Agreement, the WEDC will provide the
Company economic assistance in the form of Performance Cost Reimbursements
("Reimbursement Incentives") in an amount up to, but not to exceed Three Hundred
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Thousand Dollars (S300.000.00) (the "Economic Incentives"). The Reimbursement
Incentives will be paid according to the criteria set forth herein with the WEDC's
obligation to pay the Reimbursement Incentives terminating on April 1, 2011.
Upon meeting the qualifications and requirements (the "Performance Requirements"). the
Company shall be entitled to the following economic Reimbursement Incentives:
Economic Incentive and Performance Requirements Schedule:
Expected Cost of Max WEDC Total WEDC Eligibility
Year Incentive Jobs* Improvements Incentive Incentive Expiration
2010 No. 1 275 55.790,000 5200,000 S200.000 4-1-2010
2011 No. 2 275 $2,730,000 $100,000 $300,000 4-1-2011
Cumulative full and part-time production,jobs
11. Requirements for each Reimbursement Incentive.
a. Incentive No. I: A Reimbursement Incentive of Two Hundred Thousand Dollars
(S200,000) will be paid to Company upon completion of the following Performance
Requirements for Incentive No. 1:
1) Receipt of documentation by WEDC supporting the expenditure of Five
Million Seven Hundred Ninety Thousand Dollars (S5,790,000) for
Improvements associated with the redesign of the PXF Compressor Line on
or before April 1, 2010, approval of said documentation at the sole and
absolute discretion of the WEDC; and
2) Documentation that the Company has not less than two hundred seventy five
(275) full-time and part-time production employees, acceptance of said
documentation at the sole and absolute discretion of the WEDC; and
3) Company has paid all ad valorem taxes and other property taxes due on the
Facility by January 31 of the year after they are assessed and provide written
notice and evidence of such payment to WEDC in a form satisfactory to
WEDC by February 28 of the year after the taxes are assessed.
4) Documentation of taxable real and personal property with a certified value
as determined by the Collin County Central Appraisal District (—CAD") of
not less than Fifty Eight Million Dollars (S58.000,000): and
5) Elii.nbility expiration for the Comixiny to qualify tbr this Incentive No. 1 is
April I, 2010.
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b. Incentive No. 2: A Reimbursement Incentive of One Hundred Thousand Dollars
(5100,000) will be paid to Company upon completion of the following Performance
Requirements for Incentive No. 2:
1) Receipt of documentation by WEDC supporting the expenditure of
S2,730,000 for Improvements associated with the redesign of the PXF
Compressor Line on or before April 1, 2011, approval of said
documentation at the sole and absolute discretion of the WEDC; and;
2) Documentation that the Company has not less than two hundred seventy five
(275) full-time and part-time production employees, acceptance of said
documentation at the sole and absolute discretion of the WEDC; and
3) Company has paid all ad valorem taxes and other property taxes due on the
Project by January 31 of the year after they are assessed and provide written
notice and evidence of such payment to WEDC in a form satisfactory to
WEDC by February 28 of the year after the taxes are assessed: and
) Dc.:'u.,m,:ntat cn of a obi .. real and persona1. pr�i�.icity sAitll 1 a.eit iced
as determined by the CAD of not less than Fifty Eight Million Dollars
(S58,000,000.00); and
5) Eligibility expiration for the Company to qualify for this Incentive No. 2 is
April 1, 2011.
For the purposes of this Agreement, a"full-time employee"is defined as an employee hired
to work a minimum of Two Thousand Eighty (2,080) hours of work over a twelve (12)
month term [forty (40) hours per week, which shall include business travel and irregular
otTsite work commitments such as training], including allowance for vacation and sick
leave, with full company benefits and employed exclusively and on-site at the Company's
facility in Wylie, Texas.
For the purposes of this Agreement, a "part-time employee" is defined as an employee
hired to work a minimum of One Thousand Forty(1,040) hours of work over a twelve (1 2)
month term [twenty (20) hours per week, which shall include offsite work commitments
such as training], employed exclusively and on-site at the Company's facility in Wylie,
Texas.
For the purposes of this Agreement, the "payment date" of each Reimbursement Incentive
shall be the date the Reimbursement Incentive is actually paid, or the date the
Reimbursement Incentive would have been paid if earned.
III. WEDC Recapture of Reimbursement Incentives: In the event the Company moves a
portion or all of the Project, or any other products currently produced at the Facility,
outside the City, for any reason, before April I, 2012, the Company agrees to refund the
WEDC the total amount of Reimbursement Incentives received from the WEDC in one
lump sum payment within thirty (30) days of the Company's decision to relocate andor
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expand these product lines outside the City. Further, prior to April 1, 2012 the Company
will provide documentation to the WEDC supporting the production of no less than
340,000 compressor units attributed to real and personal property improvements to its
existing facility and PXF Compressor Line, acceptance of said documentation at the sole
and absolute discretion of the WEDC.
IV. WEDC Payment of Reimbursement Incentives. Subject to the terms of this Agreement,
the WEDC shall pay the Reimbursement Incentives within approximately thirty (30) days
of receipt of the required documentation from the Company, subject to verification by the
WEDC that the Performance Requirements have been met or exceeded by the Company,
V. Non-Attainment of Performance Requirements. In the event that the Company does not
meet or exceed a Performance Requirement as specified in Section II, the WEDC
Reimbursement Incentive will be voided in advance of payment at the sole discretion of the
WEDC, The Company will not be eligible to receive the Reimbursement Incentive after
the date of the Economic Incentive Termination.
VI. Economic Assistance Termination. Th,:. Agrz.21m:nt may 1.),?. b‘) alutual
agreement of the parties or by either party, upon the failure of the other party to fulfill an
obligation as set forth in Section II above. Regardless of the Company's level of
attainment of the Performance Requirements set forth in Section II above, the WEDC's
obligation to pay the Reimbursement Incentive will expire in full on April 1, 2011.
VII. Employee Ilirina. Materials and Supplies Purchase. Although not an event of default or
a condition to any advance in the Agreement, WEDC requests that the Company satisfies
its need for all additional employees from Wylie residents and purchase all materials,
supplies and services necessary to affect the renovations and subsequent occupancy of the
Facility from Wylie merchants and businesses. Moreover, the WEDC requests that the
Company utilize a local lodging establishment for any individuals providing technical
expertise to the Project.
VIII. Community Involvement. Although not an event of default or condition of any advance
hereunder, the Company agrees to actively participate in community and charitable
organizations and/or activities, the purpose of which are to improve the quality of life in the
City of Wylie. Texas, and to actively encourage its employees to be involved in such
organizations and/or activities.
IX. Verification and Compliance. The Company will allow the WEDC to audit necessary
Company's records, documents, agreements and other instruments in furtherance of the
following purposes: (i) to ensure the Company's compliance with the affirmative covenants
set forth in this Agreement; (ii) to determine the existence of an Event of Default under the
terms of this Agreement; (iii) to ensure compliance with any other terms and conditions set
forth herein or any related documents. Company will provide reports certifying the status
of compliance,jobs retained, new ink estments and any other relevant information until the
termination of this Agreement. Documentation for jobs may be in the form of quarterly
Pagt 4 of 6
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.7;4,463
IRS 941 returns, Texas Workforce Commission Quarterly Unemployment Summary, or
employee rosters that show the hours of work and the position filled, and such other reports
as may reasonably be required.
X. Cessation of Economic Assistance. Notwithstanding anything herein to the contrary,
WEDC shall have no obligation to disburse WEDC Economic Incentives if the Company
becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged
bankrupt, or is delinquent on any property tax payments or an Event of Default under the
terms of this Agreement occurs.
XI. Non-Payment of Economic Assistance. The following will constitute an Event of Default
and any advance shall not be forgiven in an Event of Default, but shall become due and
payable: the Company becomes insolvent, makes any materially false statements to the
City and/or the WEDC, fails to pay ad valorem taxes, or tiles suit against the City andfor
the WEDC,
XII. Miscellaneous.
a. This ..A.,7,.cernent shall inure f3 the ben::tit 3f the pa,„-,-tles hereto and shall :wt. bc
assignable by Company without the prior written consent of the WEDC, which consent
may be withheld by the WEDC in its sole and absolute discretion.
b, This Agreement shall be construed according to the laws of the State of Texas and is
subject to all provisions of Vernon's Ann. Civ. St. Art. 5190.6, which are incorporated
herein by reference for all purposes. In the event any provision of the Agreement is in
conflict with article 5190,6, article 5190.6 shall prevail.
e. This Agreement contains the entire agreement of the parties regarding the within
subject matter and may only be amended or revoked by the written agreement executed
by all of the parties hereto.
d. This Agreement shall be governed by the laws of the State of Texas and is specifically
performable in Collin County,Texas,
e. Any notice required or permitted to be given under this agreement shall be deemed
delivered by depositing the same in the United States mail, certified with return receipt
requested, postage prepaid, addressed to the appropriate party at the following
addresses, or at such other address as any part hereto might specify in writing:
WEDC: Samuel D. R. Satterwhite
Executive Director
Wylie Economic Development Corporation
108-C W. Marble
Wylie, Texas 75098
With copy to: Abernathy, Roeder. Boyd and Joplin. P.C.
1700 Redbud Blvd., Suite 300
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4i3245.*.,
With copy to: Abernathy. Roeder, Boyd and Joplin, P.C.
1700 Redbud Blvd., Suite 300
McKinney,Texas 75069
Attention: Mr. G. Randal Hullett
COMPANY: Sanden international (U.S.A.), Inc.
601 South Sanden Boulevard
Wylie,TX 75098
Attention: Jim Phaup
By the execution hereof, each signatory hereto represents and affirms that he is acting on behalf of
the party indicated, that such party has taken all action necessary to authorize the execution and
delivery of the Agreement and that the same is a binding obligation on such party.
EXECUTED this 2-a
t day of July, 2009.
WEDC:
Wylie Economic Development Corporation
14/104044.
By:
Marvin Fuller,President
COMPANY:
Sanden International (U.S.A.), inc., a Texas
Corporation
By: -N„
Ji J.22.)en e P ident
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Perforrnance_Agreement jSanden_intemationalt DOC
1552%3
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: 8-11-09 Item Number: Presentation#2
Department: WEDC (City Secretary's Use Only)
Prepared By: Sam Satterwhite Account Code:
Date Prepared: 7-30-09 Budgeted Amount:
Exhibits: 2
Subject
Consider, and place on file,the FY 2009-2010 Budget for the Wylie Economic Development Corporation.
Recommendation
N/A
Discussion
As approved by its Board of Directors on July 9, 2009, the FY 2009-2010 WEDC Budget is presented for
Council's review. In line with Finance Department estimates, sales tax is projected at $1.475 million.
Assuming flat receipts for the balance of the fiscal year, WEDC sales tax receipts for FY 2008-2009 are
projected at $1.324 million resulting in a conservative estimate for FY 2009-2010 of a 2.31% gain over prior
year. Sales tax attributable to Woodbridge Crossing has been estimated at $151,800. There is however an
offsetting entry ($129,030) within the WEDC Incentives budget based upon an existing Performance
Agreement between the WEDC and Direct Development. Other revenue sources include $119,400 in rental
income from WEDC properties on Industrial Court and $3,000 in interest earnings. As well, the WEDC will
begin FY 2009-2010 with an estimated $710,865 cash reserve.
The WEDC has budgeted for $2,308,685 in expenses. Of total expenses budgeted, Personnel Services
represents 10.2%, Operating 3.4%, Travel & Recruitment 1.5%, Advertising & Community Development 3.8%,
Debt Service 10.2%, Land Acquisition 17.3%, Audit & Legal 1%, and Incentives & Related Expenditures
52.8%. Of the three core components within the WEDC Budget, Land Acquisition, Debt Service, and
Incentives represent 80% of the proposed expenditures for FY 2009-2010.
While the WEDC utilizes a zero based budget strategy, a great deal of latitude is built into the WEDC budget to
react to relocation/expansion projects. For example, while the WEDC anticipates acquiring additional land in
pursuit of existing redevelopment strategies, those monies could be shifted to a project requiring significant up
front capital. Further exemplifying flexibility within the WEDC budget, with Council approval a minimum of
$1.07 million could be amassed from Land, Miscellaneous Incentives, and other budget areas for an individual
project worthy of that level of investment. Additionally, the WEDC utilizes properties within Premier Plaza
and Premier Industrial Park as an incentive for industrial relocation/expansions.
Approved By
Initial Date
Department Director SS 8-1-08
City Manager Try) b 1
Page 1 of 1
WYLIE ECONOMIC DEVELOPMENT CORPORATION FUND
STATEMENT OF REVENUES AND EXPENDITURES
ACTUAL BUDGET PROJECTED BUDGET
2007-2008 2008-2009 2008-2009 2009-2010
BEGINNING AVAILABLE BALANCE $ 271,992 $ 456,221 $ 523,085 $ 710,865
REVENUES:
Sales Taxes 1,293,676 1,300,000 1,323,620 1,475,420
Interest Revenues 11,974 10,000 5,337 3,000
Miscellaneous Income 76,608 109,600 49,608 119,400
Other Financing Sources - - -
TOTAL REVENUES 1,382,258 1,419,600 1,378,565 1,597,820
TOTAL AVAILABLE RESOURCES 1,654,250 1,875,821 1,901,650 2,308,685
EXPENDITURES:
Development Corporation 1,044,397 1,809,495 1,104,065 2,303,685
Transfers to Other Funds 86,768 66,326 86,720 5,000
TOTAL EXPENDITURES 1,131,165 1,875,821 1,190,785 2,308,685
ENDING AVAILABLE BALANCE $ 523,085 $ - $ 710,865 $ -
111-WYLIE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
2007-2008 2008-2009 2008-2009 2009-2010
ACTUAL BUDGET PROJECTED PROPOSED
PERSONNEL SERVICES
5611-51110 SALARIES 175,170 174,722 174,722 166,778
5611-51130 OVERTIME 0 0 0 0
561 1-5 1 140 LONGEVITY PAY 676 770 772 960
5611-51145 SICK LEAVE BUYBACK 1,799 1,900 1,782 1,924
5611-51160 CERTIFICATION INCENTIVE 0 0 0 0
5611-51170 PARAMEDIC INCENTIVE 0 0 0 0
5611-51210 CAR ALLOWANCE 9,379 11,320 11,320 11,320
5611-51220 PHONE ALLOWANCE 2,976 2,976 2,976 3,456
5611-51230 CLOTHING ALLOWANCE 0 0 0 0
5611-51310 TMRS 17,636 18,992 18,992 20,142
5611-51410 HOSPITAL&LIFE INSURANCE 18,288 15,870 19,870 15,145
5611-51420 LONG-TERM DISABILITY 442 1,040 1,040 951
5611-51440 FICA 8,700 11,820 11,820 11,404
5611-51450 MEDICARE 2,683 2,900 2,900 2,667
5611-51470 WORKERS COMP PREMIUM 548 490 420 464
5611-51480 UNEMPLOYMENT COMP(TWC) 198 540 540 540
TOTAL PERSONNEL SERVICES 238,495 243,340 247,154 235,751
SUPPLIES
5611-52010OFFICE SUPPLIES 15,284 9,000 6,100 9,000
5611-52040 POSTAGE 673 2,220 585 2,220
5611-52130 TOOLS&EQUIPMENT 0 0 0 0
5611-52810 FOOD SUPPLIES 5,490 6,300 2,724 4,700
5611-52990 OTHER 0 0 0 0
TOTAL SUPPLIES 21,448 17,520 9,409 15,920
MATERIALS FOR MAINTENANCE
5611-54630 TOOLS&EQUIPMENT 0 0 0 0
5611-54810 COMPUTER HARD/SOFTWARE 1,413 3,000 1,680 3,000
5611-54990 OTHER 0 0 0 0
TOTAL MATERIALS FOR MAINTENANCE 1,413 3,000 1,680 3,000
CONTRACTUAL SERVICES
5611-56030 INCENTIVES 72,047 551,509 140,596 1,163,826
5611-56040 SPECIAL SERVICES 38,645 49,495 65,523 21,220
5611-56080 ADVERTISING 34,855 44,735 31,659 43,060
5611-56090 COMMUNITY DEVELOPMENT 48,773 56,963 47,062 45,263
5611-56110 COMMUNICATIONS 3,146 3,060 3,307 2,940
5611-56180 RENTAL 16,452 19,500 18,312 15,600
5611-56210 TRAVEL AND TRAINING 12,950 28,279 18,073 34,134
5611-56250 DUES&SUBSCRIPTIONS 6,927 7,733 6,993 8,163
5611-56310 INSURANCE 303 2,500 303 303
5611-56510 AUD►T AND LEGAL SERVICES 20,562 17,560 15,595 22,500
5611-56570 ENGINEERING-ARCHITECT SVCS 8,688 25,500 16,873 25,000
5611-56610 UTILITIES-ELECTRIC 3,913 4,000 3,412 4,000
TOTAL CONTRACTUAL SERVICES 267,261 810,834 367,708 1,386,009
DEBT SERVICE&CAP.REPL
5611-57110 DEBT SERVICE 289,880 274,501 274,501 235,005
5611-57710 BAD DEBT EXPENSE 17 0 0 0
TOTAL DEBT SERVICE&CAP.REPL 289,896 274,501 274,501 235,005
111-WYLIE ECONOMIC DEVEL CORP
DEVELOPMENT CORP-WEDC
DEPARTMENTAL EXPENDITURES
2007-2008 2008-2009 2008-2009 2009-2010
ACTUAL BUDGET PROJECTED PROPOSED
CAPITAL OUTLAY
5611-58110 LAND 218,958 400,000 192,236 400,000
56 1 1-5 8120 DEVELOPMENT FEES 0 0 0 0
5611-58210 STREETS&ALLEYS 0 52,300 30,713 25,000
5611-58810 COMPUTER HARD/SOFTWARE 1,351 3,000 193 3,000
5611-58830 FURNITURE&FIXTURES 5,575 5,000 865 0
5611-58995 CONTRA CAPITAL OUTLAY 0 0 0 0
TOTAL CAPITAL OUTLAY 225,884 460,300 224,007 428,000
OTHER FINANCING(USES)
5611-59111 TRANSFER TO GENERAL FUND 86,768 66,326 66,326 5,000
5611-59190 TRANSFER TO THORUGHFARE IMPA 0 0 0 0
5611-59990 PROJECT ACCOUNTING 0 0 0 0
TOTAL OTHER FINANCING(USES) 86,768 66,326 66,326 5,000
TOTAL DEVELOPMENT CORP-WEDC 1,131,165 1,875,821 1,190,785 2,308,685
Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, July 28, 2009 - 6:00 pm
Wylie Municipal Complex- Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:02 p.m. with the following Wylie City Council
members present: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter
Porter, and Councilman Rick White. Councilman Bennie Jones arrived at 6:25 p.m. and Mayor
ProTem Red Byboth arrived at 8:17 p.m.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City
Engineer, Chris Hoisted; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite;
Building Official, Mike McAnnally; Police Chief, John Duscio; Finance Director, Linda Vaughan;
Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Public Services Director, Mike
Sferra; Construction Manager, Shane Colley; City Secretary, Carole Ehrlich; Public Information
Officer, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Randy Corbin gave the invocation and Boy Scout Troop 302 led the Pledge of
Allegiance. Scouts in attendance were: Eric Balser, David Feldman, David Harris, Tyler
Humphreys, Brendan Stephens, Lawson Taylor, Jacob Ward, and Travis Wright. Scout leaders
were Tim McCord and Jeanine Stevens.
PRESENTATION
• Presentation of Life Saving Award (J. Duscio,Police Chief)
o Officer Jacob Perry
o Officer Amanda Peeples
o Officer Shane Varner
Mayor Hogue and Police Chief John Duscio presented Life Saving Awards to Officer Jacob
Perry and Amanda Peeples; both officers were in field training and helped save the lives of two
Minutes July 28, 2009
Wylie City Council
Page 1
individuals at Southfork Mobile Home Park on May 24, 2009. Chief Duscio explained that
Officers Hermes, Peeples, McIntosh, and Perry arrived and discovered an adult male and an
adult female lying on their backs and appearing to be unconscious. The female did respond to a
sternum rub but the male was not breathing. Officer McIntosh retrieved the AED from his car
and Officer Perry retrieved a breathing mask. Officers Perry and Peeples began CPR on the
male subject. The subject responded to the CPR and began breathing. EMS arrived and took
over care of the patients.
Mayor Hogue and Police Chief John Duscio presented the Life Saving Award to Shane Varner
who saved the life of an infant found face down in a swimming pool. Chief Duscio explained
that on July 8, 2009 at approx. 1515 hrs. Patrol Officer, Shane Varner, was dispatched to a call
involving an unresponsive infant found face down in a pool. Officer Varner arrived prior to Fire
Department personnel. Officer Varner immediately went to the child who was not breathing and
was blue in color. He immediately started life saving techniques including CPR and was able to
bring the child back. She started coughing and crying and regained color. Officer Varner's
quick actions saved the child's life.
Police Chief Duscio commented that these police officers' selfless actions are a direct reflection
of the excellent caliber of Wylie Police personnel and the department as a whole.
WORK SESSION
• Discussion regarding alignment options for McMillen Road at Muddy Creek. (C.
Hoisted, City Engineer)
City Engineer Hoisted addressed Council stating that on March 10, 2009 Council approved an
engineering agreement with Binkley & Barfield for the design of the expansion of McMillen Road
from McCreary Road to FM 1378. He reported that Collin County Bond funds are being used for
the engineering services. He presented two alignment options that had been developed at the
bridge crossing with Muddy Creek as shown on the displays. He asked for direction regarding
which option to further research for possible consideration within the final design. He reported
that both options would have a similar cost associated with the alignment.
Direction from council was to further research Option #2.
• Discussion of the relocation options of Water Delivery Point No. 1. (C. Hoisted, City
Engineer)
City Engineer Hoisted addressed Council stating that the City of Wylie currently operates
three water delivery points from the North Texas Municipal Water District (NTMWD).
He explained that Delivery Point #1 is comprised of four pumps located on top of a wet
well along the outside wall of the original NTMWD Water Treatment Plant. The Water
Distribution System Master Plan Update, completed in 2005, assumed that the pumps
could be moved to a separate structure and connected to the existing wet well. Upon
further conversation with NTMWD over the past year, it has been determined that an air
gap must be provided between the City of Wylie pumps and the NTMWD supply which
the current configuration does not provide. He noted, the addition of an air gap will
require the construction of a ground storage tank.
City Engineer Hoisted suggested that one possible location for a new tank site is on
Brown Street just west of Eubanks Lane. On March 30, 2009 the City requested that
Minutes July 28, 2009
Wylie City Council
Page 2
NTMWD participate in the cost of relocating the delivery point. The District agreed to participate
in the amount of $475,000 above their normal participation in the cost of construction and
installation of a meter and control valve vault. He asked council for direction in continuing to
research this site for the new delivery point.
Direction from the council was to continue to research the Brown Street, west of Eubanks Lane
location for the new delivery point.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Work Session.
Mayor Hogue reconvened into Regular Session at 6:15 p.m.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
Tim McCord, residing at 203 Riva Ridge, Wylie, Texas, addressed council requesting
consideration of a left turn lane on Country Club Road turning into the Wylie High School
parking lot. He commented that it currently was difficult to maneuver the turn.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the July 7, 2009 Special called
Meeting and the July 14,2009 Regular Meeting of the City Council. (C. Ehrlich, City
Secretary)
B. Consider, and act upon, approval of a Replat for Woodbridge Crossing Addition,
Block A, Lots 1R-7R to dedicate the necessary utility easements to accommodate the
development on seven (7) commercial lots on 27.07 acres, generally located on the
southeast corner of FM 544 and McCreary Road. (R. 011ie, Planning Director)
C. Consider, and act upon, approval of a Replat for Woodbridge Crossing Addition,
Block A, Lots 8R-17R to dedicate the necessary utility easements to accommodate
the development on ten (10) commercial lots on 34.50 acres, generally located on the
southwest corner of FM 544 and Springwell Parkway. (R. 011ie, Planning Director)
D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure
Reports as of June 30,2009. (L. Vaughan, Finance Director)
E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of June 30, 2009. (S. Satterwhite, Executive
Director, WEDC)
Minutes July 28, 2009
Wylie City Council
Page 3
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to approve the
consent agenda as presented. A vote was taken and the motion passed 6-0 with Mayor ProTem
Byboth absent.
Mayor Hogue announced at 6:45 p.m. there would be a short recess, with the Regular Session
beginning at 7:00 p.m. due to a published public hearing that will be heard at 7:00 p.m.
REGULAR AGENDA
Public Hearing
1. Hold a Public Hearing and consider, and act upon, amending regulations to Zoning
Ordinance No. 2001-48, Article 6, as it relates to the proposed expansion of the
Downtown Historic District to include property on Ballard Avenue north of Brown up
to approximately 419 North Ballard on the west and Block 1 Tract 48 of the Truett
Abstract on the east. ZC 2009-04 (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that periodically staff has been approached by
developers with an interest in commercial development along North Ballard from Brown Street extending
north to the city limit boundary. Staff has been cautious to support any request that may be construed as
spot zoning; therefore extension of DTH to the north seemed to be in the best interest of the community.
The extension of DTH to the north will allow existing Single-Family to continue and flexibility of limited
commercial development to occur within certain guidelines, and would preserve the pedestrian friendly
atmosphere and architectural character of the Downtown Historic District.
Ms. 011ie reported that the commissioners discussed the current housing make up of the subject area.
There are 12 single family dwelling units located within the subject area, of which 5 conform to the current
SF-10/24. The Commission questioned the reasoning for the requested change. With the higher traffic
volume along Ballard and Brown staff reiterated that the area lends itself for a more light commercial type
uses as opposed to strictly single-family development. Extending the Downtown Historic District north of
Brown would be the simplest approach to allow for more of a mixed use district.
Phillip Johnson, Planning and Zoning Commission chair, addressed council stating that a few members of
the commission were concerned that Saint Anthony's Catholic Church owned 4 parcels/lots (8.3975
acres) within the proposed expansion including a single family dwelling of approximately .5485 acres on
the northwest corner of Ballard and Brown. He reported that the church was against the zoning change.
The commission felt because the church owned property on both sides of the proposed change it would
be impossible to approve without including the church.
Ms. 011ie noted of the 9 single family homes along the west side of North Ballard, 6 are legally
nonconforming structures as it relates to exterior materials. If those structures were damaged in excess of
75%, the repair and/or replacement of such structures must conform to all the regulations of the current
SF-10/24 district. However, if the area were rezoned to Downtown Historic District, then those properties
would be conforming in that they meet the requirements of the DTH exterior material and could be
rebuilt/repaired to match existing structure.
She reported that fifty-seven (57) notifications were mailed to property owners within 200 feet in
accordance with State Law. As of July 1, 2009, twelve (12) responses were received; four(4) in favor and
eight (8) against the request. Ms. 011ie explained that one of the commission members had been in
contact with the local priest and explained the zoning change in detail, however the bishop of the diocese
was opposed to the zoning change giving no reason for the opposition. She reported that the proposed
change would be more of a benefit to the church then an issue.
Minutes July 28, 2009
Wylie City Council
Page 4
During the Planning Commission meeting, the commissioners made a motion to approve the requested
zoning. The motion failed 3-3. Another motion was made to deny the requested zoning change. The
Commission voted 4-2 to recommend denial of the proposed amendment. She explained that because
the Commission is recommending denial, it will take a three-fourths majority vote (6 of 7 members) of the
Council to reverse the Commission's vote.
Council Discussion
Councilman Porter noted that in his opinion, what was needed was citizen education regarding the DHD
extension proposal. He suggested that staff contact the residents affected, that voiced opposition, and
explain how these changes would help; this would greatly simplify the issue. Councilman Goss stated
that he was for communication but not having the city staff do the communicating. Planning Director 011ie
replied that communicating with the residents was part of the duties that staff provides. Mayor Hogue
noted that the correct procedure was to direct the City Manager to provide communication to the
residents and she would direct staff to communicate the appropriate information.
Councilman Goss stated that he believed the council should confirm the wishes of the Planning
Commission and deny this zoning change, noting that he felt the commission was appointed to make
these recommendations and the council should follow their recommendations. Mayor Hogue replied that
he had served on the Planning Commission for three years and had chaired the commission and he
appreciated the time they spent on reviewing zoning cases, however they are an advisory board and their
job is to advise us; the"buck" stops with us to make the tuff decisions that benefit all the citizens of Wylie.
Councilman Porter stated that in view of the super majority needed to vote on this item, he recommended
tabling the item until the full council could be present and communication with the residents could be
completed. Councilman Goss stated that he was totally against tabling the item. Councilwoman Spillyards
stated that she wished to communicate and take additional time on the zoning change because it was
such an important issue. Councilman Porter concurred.
Public Hearing
Mayor Hogue opened the public hearing for Zoning Case No. 2009-04 at 7:10 p.m.
No one was present to address the Wylie City Council on Zoning Case No. 2009-04.
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to table Zoning
Case No. 2009-04 and continue the public hearing to the August 25, 2009 city council meeting.
A vote was taken and the motion passed 5-1 with Mayor Hogue, Councilwoman Spillyards,
Councilman Jones, Councilman White and Councilman Porter voting for and Councilman Goss
voting against. Mayor Pro Tern Byboth was absent.
General Business
2. Consider, and act upon, Resolution No. 2009-21(R) authorizing continued
participation with the Atmos Cities Steering Committee and Authorizing the
Payment of 2 Cents per Capita to the Atmos Cities Steering Committee to Fund the
Regulatory and Related Activities. (M. Manson, City Manager)
Staff Comments
City Manager Manson addressed Council stating that the Atmos Cities Steering Committee (ACSC) has
historically intervened in Atmos rate proceedings and gas utility related rulemakings to protect the
interests of municipalities and gas customers residing within municipal boundaries. ACSC is participating
in Railroad Commission dockets and projects, as well as court proceedings, affecting gas utility rates. In
Minutes July 28, 2009
Wylie City Council
Page 5
order for ACSC to continue its participation in these activities which affects the provision of gas utility
service and the rates to be charged, it must assess its members for such costs. She noted that the
expertise the member cities receive in these rate cases from the ACSC well outweighs the fees charged
to each member city.
Council Action
A motion was made by Councilman Goss, seconded by Councilman Jones to approve
Resolution No. 2009-21(R) authorizing continued participation with the Atmos Cities Steering
Committee and authorizing the payment of 2 cents per capita to the Atmos Cities Steering
Committee to fund the regulatory and related activities. A vote was taken and the motion passed
6-0 with Mayor ProTem Byboth absent.
3. Consider, and act upon, Ordinance No. 2009-20 approving a Negotiated Resolution
between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex
Division regarding the Company's Rate Review Mechanism Filing in all Cities
Exercising Original Jurisdiction; declaring existing rates to be unreasonable;
requiring the company to reimburse cities reasonable ratemaking expenses;
adopting Tariffs that reflect rate adjustments consistent with the Negotiated
Settlement and finding the rates to be set by the attached Tariffs to be just and
reasonable; approving Atmos' Proof of Revenues; adopting a Savings Clause;
determining that this Ordinance was passed in accordance with the requirements of
the Texas Open Meetings Act; declaring an effective date; and requiring delivery of
this Ordinance to the company and the steering committee's legal counsel. (M.
Manson, City Manager)
Staff Comments
City Manager Manson addressed council stating that the city, along with 150 other cities served by Atmos
Energy Mid-Tex Division ("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee
("ACSC"). Pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to
increase rates, ACSC Cities and the Company worked collaboratively to develop the Rate Review
Mechanism ("RRM") tariff that allows for an expedited rate review process controlled in a three year
experiment by ACSC Cities as a substitute to the current GRIP procedures.
Manson reported the original request by Atmos back in March was for a twenty million dollar increase in
rates. ACSC negotiated that rate down to a 2.6 million dollar increase which is a 70% reduction in the
original amount. This settlement rate will affect the average consumer by about fifteen cents. She noted
that working with ACSC and their experts that negotiate with Atmos greatly benefit the many cities who
are members of the ACSC.
Council Action
A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve
Ordinance No. 2009-20 approving a Negotiated Resolution between the Atmos Cities Steering
Committee and Atmos Energy Corp. Mid-Tex Division regarding the company's rate review
mechanism filing in all cities exercising original jurisdiction. A vote was taken and the motion
passed 6-0 with Mayor ProTem Byboth absent.
READING OF ORDINANCE
Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D.
City Secretary Ehrlich read the caption to Ordinance No. 2009-20 into the official record.
Minutes July 28, 2009
Wylie City Council
Page 6
Mayor Hogue recessed into Executive Session noting the exceptions below at 7:25 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§ 551.087 Deliberation Regarding Economic Development Negotiations; Closed Meeting
• Discussion regarding negotiations with Direct Development.
§§ 551.072 Deliberation Regarding Real Property; Closed Meeting
Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters
concerning real property.
• Right-of-way and related easements for the construction of improvements to
Brown Street East.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
Mayor Hogue reconvened into open session at 8:36 p.m.
4. Consider, and act upon, authorizing the Mayor to enter into an amended and
restated Retail Development Agreement with Direct Development. (M. Manson,
City Manager)
Staff/Developer Comments
Wylie Economic Development Corporation executive director Sam Satterwhite addressed
Council stating that he was here today after many months of negotiations because, as of August
1, 2009, Direct Development will be in default of their development agreement with WEDC and
the City of Wylie. He explained that the only item they would be in default for is the required
square footage performance agreement. He stated that he wanted to be clear regarding any
lack of effort or commitment on the part of Direct Development; if you speak to any retailers or
merchants, you will find that commitment is not something that Direct Development lacks. He
explained that it was two and one half years ago, prior to signing the original agreement that the
city decided to put performance measures in place to gauge the success of this project. He
noted that the city did not create performance measures, but asked Direct to put those
performance measures in place. Direct came to the city recommending that the following
performance measures be implemented:
Phase #1 — August 1, 2009 - all public infrastructure (4.5 miles of roadway) and signals;
overhead electrical and 280,000 square feet of retail space be completed.
Phase#2—August 1, 2011 — 530,000 cumulative square feet be completed.
Valuation—July 2012 —total development be valued at $83,000,000.
Mr. Satterwhite reported that the original performance measures were considered conservative.
He reported that since that time, Direct Development has seen a shift to non-activity by retail
merchants; the retailers are just not there. "Direct cannot provide what the market cannot give."
Minutes July 28, 2009
Wylie City Council
Page 7
He reported that Direct has complied with all infrastructure funding and construction required by
the agreement. He explained that tonight he was presenting a set of re-stated performance
measures that have been recommended by both Direct Development and staff. He noted that
the phases were smaller to allow closer tracking of the development process. They include:
Phase I —Target— 186,000 sq ft— September 1, 2009 (completed)
Phase II —35,000 sq ft— November 30, 2009
Phase III —64,000 sq ft— May 1, 2011 (24 month extension)
Phase IV—385,000 sq ft— September 1, 2012
Phase V—530,000 sq ft— September 1, 2013 (25 month extension)
Valuation - July 31, 2014 - $83,000,000 (24 month extension)
Mr. Satterwhite reported that there is a new provision within the agreement that is very
important to the city and to Direct Development that addresses default of the new re-stated
agreement. If any portion between Phase III and Phase V or the valuation requirement fall short,
the 12 million dollar cap in sales tax reimbursement to Direct will be reduced to 6 million. No
other amendments or discussion will be made unless requested by the city council. If the cap is
reduced for any reason, the performance measures from that point forward would not be
required. He noted that 4B sales tax was not included in the original reimbursement provisions.
David Watson, representing Direct Development, addressed council stating that he wanted to
comment how much he appreciated City Manager Manson and WEDC Director Sam
Satterwhite leading this effort through the city to re-evaluate the agreement in light of the
tsunami that has hit the retail sector over the past year. He thanked the Wylie City Council for
taking the time to consider the re-stated development agreement. He thanked city staff and
council for having the forethought and talent on staff to evaluate this agreement and react in a
fashion that is a win-win for the city and Direct Development. He commented that this
partnership is unique not only in the metroplex but in the state. Direct Development is currently
working with similar communities and developers nationwide that do not have Target Stores
opening and the development progress is far behind; with no public infrastructure in place.
"This is the best example of a public-private partnership that I have ever been associated with."
Council Action
A motion was made by Councilman White, seconded by Councilwoman Spillyards to authorize
the Mayor to enter into an amended and restated Retail Development Agreement with Direct
Development. A vote was taken and the motion passed 5-1 with Mayor Hogue, Councilwoman
Spillyards, Councilman Porter, Councilman Jones, and Councilman White voting for and
Councilman Goss voting against. Mayor ProTem Byboth was absent.
5. Consider, and act upon,Resolution No. 2009-22(R) determining a public necessity to
acquire, by purchase or condemnation, certain properties for the right-of-way and
related easements for the construction of improvements to Brown Street from SH 78
to Stone Road. (C. Holsted, City Engineer)
Minutes July 28, 2009
Wylie City Council
Page 8
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to approve
Resolution No. 2009-22(R) determining a public necessity to acquire, by purchase or
condemnation, certain properties for the right-of-way and related easements for the construction
of improvements to Brown Street from SH 78 to Stone Road. A vote was taken and the motion
passed 6-0 with Mayor ProTem Byboth absent.
Mayor Hogue convened into work session at 8:05 p.m.
Mayor ProTem Byboth arrived for the work session at 8:17 p.m.
WORK SESSION
• Discussion regarding the City of Wylie FY2009/2010 Annual Budget. (M. Manson,
City Manager)
City Manager Manson addressed council stating that in the July 28, 2009 budget work session
most of the general funds were discussed. Since that time, the certified tax valuations have
come in from the three taxing entities. She reported that the certified values are down from the
preliminary valuations by $43,625,191 or 1.96%. She reported that the proposed budget was
still balanced but had little excess. Some of the recommendations made to the current proposed
budget were:
• Transfer of $37,000 to the Recreation Fund for Summer Concert Series from City
Council not-for-profit contributions account
• Reduce transfer to Emergency Communications Fund by $100,000
• Increase of street budget by $150,000 for Railroad Quiet Zones paid from General Fund
to Fund Balance
City Manager Manson presented Utility revenues and expenditure source percentage forecasts
for FY 2009/10. Revenues were forecast to be $10,960 with the biggest portion collected from
service fees and expenditures forecast at $10,794,124 with the largest portion in non-
departmental expenditures.
The public hearing on the FY 2009-10 Budget will be held on August 25, 2009. Two public
hearings will be held on the tax rate; August 25, 2009 and a special called meeting scheduled
for September 1, 2009. Approval of both the FY 2009-10 Budget and the FY 2009-10 Tax Rate
will be considered on September 8, 2009 at the regular city council meeting.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Work Session.
Mayor Hogue reconvened into Regular Session at 8:45 p.m.
ADJOURNMENT
Minutes July 28, 2009
Wylie City Council
Page 9
With no further business before the Wylie City Council, a motion was made by Councilman
White, seconded by Councilman Porter to adjourn the meeting at 8:46 p.m. Consensus of the
Wylie City Council was to adjourn.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes July 28, 2009
Wylie City Council
Page 10
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: August 11, 2009 Item Number: 1
Department: Finance (City Secretary's Use Only)
Prepared By: Linda Vaughan Account Code:
Date Prepared: August 3, 2009 Budgeted Amount:
Resolution, Property Tax
Exhibits: Distribution Calculations
Subject
Consider, and act upon, Resolution No. 2009-23(R) accepting the proposed property tax rate for fiscal year
2009-2010 and accepting the calculation of the effective tax rate as provided by the Texas Property Tax Code.
Recommendation
Motion approving Resolution No. 2009-23(R) accepting the proposed property tax rate for fiscal year 2009-
2010 and accepting the calculation of the effective tax rate as provided by the Texas Property Tax Code.
Discussion
In accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates and
other statements and schedules must be published.
The proposed budget is based on a tax rate of $0.8989 per $100 valuation. This year's effective tax rate is
$0.921992 and the rollback tax rate is $0.971237. Any change in the proposed tax rate will require revision of
the proposed budget. Since the proposed tax rate is less than both the effective and rollback tax rate, no public
hearings on the tax rate are required.
The official detailed effective tax rate calculation is available in the office of the Collin County Tax
Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for
the Council and public to view.
Approved By
Initial Date
Department Director LV v8/3/09
City Manager lY) v A/D7
Page 1 of 1
RESOLUTION NO. 2009-23(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX
RATE FOR FISCAL YEAR 2009-2010 AND ACCEPTING THE
CALCULATION OF THE EFFECTIVE TAX RATE AS PROVIDED
BY THE TEXAS PROPERTY TAX CODE.
WHEREAS, the City of Wylie has received the calculated effective tax rate as presented
by the Collin County Tax Assessor/Collector's Office; and
WHEREAS, the Texas Property Tax Code Chapter 26, as heretofore amended, provides
the specific procedures in which to consider the proposed tax rate;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of
$0.8989 per $100 valuation as the proposed property tax rate for fiscal year 2009-2010.
SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on
August 11, 2009, and accepted this resolution with a majority vote as follows:
Mayor Eric Hogue YEA NAY ABSTAIN ABSENT
Mayor Pro Tern Red Byboth YEA NAY ABSTAIN ABSENT
Councilmember Kathy Spillyards YEA NAY ABSTAIN ABSENT
Councilmember Richard White YEA NAY ABSTAIN ABSENT
Councilmember Bennie Jones YEA NAY ABSTAIN ABSENT
Councilmember David Goss YEA NAY ABSTAIN ABSENT
Councilmember Carter Porter YEA NAY ABSTAIN ABSENT
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on
this the 11 th day of August 2009.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Resolution No.2009-23(R)
Proposed Property Tax Rate FY2009-2010
PROPERTY TAX DISTRIBUTION CALCULATIONS
FY2009-10 FY2008-09
Tax Year 2009 Tax Year 2008
TAX ROLL:
Assessed Valuation(100%) $2,222,617,094 $2,184,235,238
Rate per $100 0.89890 0.89890
Tax Levy Freeze Adjusted 19,979,105 19,634,091
Tax Levy- Frozen (Disabled/over 65)* 618,267 491,418
Total Tax Levy 20,597,372 20,125,509
Percent of Collection 100% 100%
Estimated Current Tax Collections $ 20,597,372 $ 20,125,509
SUMMARY OF TAX COLLECTIONS:
Current Tax $ 19,979,105 $ 19,634,091
Revenue From Tax Freeze Property 618,267 491,418
Delinquent Tax 100,000 342,141
Penalty and Interest
TOTAL TAX COLLECTIONS $ 20,697,372 $ 20,467,650
FY2009-10
PERCENT
FY2009-10 OF FY2009-10 FY2008-09
TAX RATE TOTAL AMOUNT AMOUNT
GENERAL FUND:
Current Tax $ 0.55022 $ 12,229,268 $ 12,274,276
Revenue From Tax Freeze Property 378,444 307,211
Delinquent Tax 61,210 213,890
Penalty and Interest
Total General Fund $ 0.55022 61.21% $ 12,668,922 $ 12,795,377
DEBT SERVICE FUND:
Current Tax $ 0.34868 $ 7,749,837 $ 7,359,815
Revenues From Tax Freeze Property 239,823 184,207
Delinquent Tax 38,790 128,251
Penalty and Interest
Total Debt Service $ 0.34868 38.79% $ 8,028,450 $ 7,672,273
DISTRIBUTION $ 0.89890 100.00% $ 20,697,372 $ 20,467,650
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: August 11, 2009 Item Number: 2
Department: Building Inspections (City Secretary's Use Only)
Prepared By: J.M. "Mike" McAnnally Account Code:
Date Prepared: July 31, 2009 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, Ordinance No. 2009-21, repealing Ordinance No. 2008-33 (Sign Regulations); adopting
an ordinance establishing sign regulations; providing for a penalty for the violation of this ordinance; providing
for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing
for the publication of the caption hereof.
Recommendation
Motion to approve Ordinance No. 2009-21, repealing Ordinance No. 2008-33 (Sign Regulations); and
establishing sign regulations.
Discussion
Staff is presenting the attached sign ordinance to repeal and replace the existing sign ordinance setting forth
new sign regulations in the City of Wylie, Texas. The ordinance seeks to standardize the City of Wylie
regulations for sign heights and display areas throughout our jurisdiction. This ordinance has been reviewed and
prepared by our City Attorney's office. The recommended version of the ordinance incorporates the three
additional instructions provided by Mayor/Council originating during the July 7, 2009 Joint Work Session.
1. (Administrative Correction) Section 3 number 2: Appendix A was changed to Appendix C in order to
properly reference our current Fee Ordinance.
2. Council inquired as to allowing a total of 3 flags for commercial locations limited to one United States
flag with two separate flags of either the state of Texas, County, City of Wylie or a recognized corporate
flag: Our City Attorney utilized a definition of flag in Section 6, Number 5 - A businesses or nonprofit
entity may erect a maximum of three flags per tract of land, only one of which may include the flag for
the business and/or nonprofit entity. A flag showing the emblem or logo of a business or nonprofit entity
must be located on the same tract of land as that business or nonprofit entity. No flag shall show the
emblem or logo of a business or nonprofit entity that is located on a separate tract of land.
3. As per instruction, the Building Department researched the City of Plano regulations for allowing more
frequent message changes: Plano's sign ordinance was revised to allow change of display intervals to not
exceed one for every eight seconds on May 11, 2009. This is mirrored in the final version of our
ordinance.
This sign ordinance is an effort by the City of Wylie Building Inspections to enhance the sign regulations for a
more business friendly environment by allowing improvements in advertising and resulting in better business
Page 1 of 1
Page 2 of 2
traffic, community aesthetics, public traffic safety and an attempt to limit future unsightly storm or wind
damage to new signage in our gateway commercial corridors. The new regulations allow for business owners or
operators to entice consumers to their location by improving their onsite advertising and traffic visibility by
allowing adjustments to sign display sizes, distance separations, the better use of their privately owned property
and the employment of current advertising systems for existing and future businesses in our City.
Approved By
Initial Date
Department Director JMM 7/31/09
City Manager MIA(' tic I 0,
ORDINANCE NO. 2009-21
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING
ORDINANCE NO. 2008-33 (SIGN REGULATIONS); ADOPTING AN
ORDINANCE ESTABLISHING SIGN REGULATIONS; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has
previously adopted Ordinance No. 2008-33 (Sign Regulations) of the City of Wylie, Texas
("Wylie") establishing sign regulations; and
WHEREAS, the City Council has investigated and determined that various additions,
deletions and amendments should be made to Ordinance No. 2008-33 to allow Wylie to more
effectively regulate signs; and
WHEREAS, the City Council has investigated and determined that in order to most
effectively make the additions, deletions and amendments necessary, it is in the best interest of
the citizen's of Wylie to repeal Ordinance No. 2008-33 in its entirety and replace it with this
ordinance; and
WHEREAS, the City Council has investigated and determined that Ordinance No. 2008-
33 (Sign Regulations), should be repealed in its entirety and this Ordinance adopted to regulate
signs located in Wylie.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2: Ordinance No. 2008-33 Repealed. Wylie Ordinance No. 2008-33 is
hereby repealed in its entirety and replaced by this Ordinance. The effective date of the repeal
discussed in this Section shall not occur until the effective date of this Ordinance at which time
Ordinance No. 2008-33 shall be repealed. Such repeal shall not abate any pending prosecution
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 1
549364.v1
and/or lawsuit or prevent any prosecution and/or lawsuit from being commenced for any
violation of Ordinance No. 2008-33, occurring before the effective date of this Ordinance.
SECTION 3: Establishing Sign Regulations. The City of Wylie hereby establishes
the sign regulations attached hereto as Exhibit"A", and incorporated herein for all purposes.
SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution
for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinance shall remain in full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 6: Penalty Provision. Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Five Hundred and 00/100 Dollars ($500.00). Each continuing day's violation
under this Ordinance shall constitute a separate offense. The penal provisions imposed under
this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 7: No Change in Forums Created. Wylie hereby declares that it would
not have passed any section of this Ordinance that changes the character of any non-public forum
to a limited public forum or a designated/open public forum or changes the character of any
limited public forum to a designated/open public forum, and that any section found to do so by a
Court of competent jurisdiction shall be severed and considered repealed effective on the date of
the Court's order/ruling.
SECTION 8: Effective Date. This Ordinance shall become effective from and after
its adoption and publication as required by law the City Charter and by law.
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 2
549364.v1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 1 lth day of August 2009.
Eric Hogue, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Carole Ehrlich, City Secretary
Date of publication in The Wylie News—August 19, 2009
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 3
549364.v1
SIGN REGULATIONS
SECTION 1: INTENT 8
SECTION 2: DEFINITIONS 9
SECTION 3: ADMINISTRATION 14
A. Permits 15
B. Applications 16
C. Work Started Without a Permit 16
D. Permit Revocable 16
E. Non Conforming Signs 17
F. Inspection 18
G. Removal of Obsolete Signs 18
H. Removal or Repair of Dilapidated or Deteriorated Signs 18
I. Removal of Illegally Erected Signs 18
J. Variances 19
SECTION 4: PROHIBITED SIGNS 19
A. Signs Imitating Traffic or Emergency Signs 19
B. Portable Signs 20
C. Signs Violating other Laws or Ordinances 20
D. Signs Attached to Trees or Utility Poles 20
E. Signs on Sidewalks, Curbs, Gutters or Streets 20
F. Moving, Flashing, Revolving or Color Changing Signs 20
G. Pole Signs 21
H. Off-Premise Signs 20
I. Signs Attached to or Painted on a Fence, Wall or Railing 20
J. Signs Causing a Nuisance or Hazard Because of Illumination 21
Ordinance No.2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 4
549364.v1
K. Signs Advertising the Sale of a Vehicle 21
L. Signs Attached to a Vehicle 21
SECTION 5: EXEMPT SIGNS 22
A. Nameplates 21
B. Building Identification/Memorial 22
C. Traffic 22
D. Signs Inside a Building 22
E. Changeable Copy 22
F. Movement Control Signs 23
G. Protective Signs 23
H. Government Signs 23
I. Holiday Lights and Decorations 23
J. Political Signs 23
K. Special Event or Public Announcement Signs 24
L. Garage Sale Signs 25
M. Home Improvement Signs 24
N. Temporary Religious Signs 26
O. Yard Signs 26
P. Zoning Signs 26 •
Q. Signs Held by Pedestrians 26
SECTION 6: GENERAL SIGN REGULATIONS 27
A. Flags 27
B. Obscenity 26
C. Obsolete Signs 27
D. Maintenance of Signs 28
Ordinance No.2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 5
549364.v 1
E. Wind Pressure and Dead Load Requirements 28
F. Obstructing Doors, Windows, or Fire Escapes 27
G. Placement of Advertising Matter 27
H. Signs Prohibited On or Over Public Property 29
I. Illumination of Signs 29
J. Searchlights 29
SECTION 7: ATTACHED SIGN REGULATIONS 30
A. Wall Signs 29
B. Signs attached to a Building(s) 31
C. Illumination of Attached Signs 30
D. Window Signs 30
E. Awning Signs 31
F. Projecting Signs 32
G. Canopy Sign 31
H. Electrical Signs 33
SECTION 8: MONUMENT SIGN REGULATIONS 33
A. General Requirements 32
B. Fuel Pricing Signs 35
C. Material Regulations 36
D. Illumination 36
SECTION 9: OTHER TYPES OF SIGNS 35
A. Menu Board Signs 36
B. Subdivision Entry Signs 36
C. Directory Signs 37
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 6
549364.v1
D. Institutional Signs 36
E. Kiosk Signs 37
SECTION 10: REGULATIONS FOR TEMPORARY SIGNS ..39
A. Development Signs 40
B. Real Estate Sign 41
C. Promotional Signage 41
Attachment- Illustration 2-1 Sign Sight(Visibility) Triangle
Ordinance No.2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 7
549364.v1
SECTION 1: INTENT
A. Signs are an important component of the urban built environment, providing
important information, and directions to community residents and visitors.
However:
1. The uncontrolled proliferation of signs is hazardous to users of streets and
highways within the City of Wylie and will adversely affect the safety and
efficiency of the City's transportation network; and
2. Unless the location, number, setback, lighting, and size of signs are regulated,
the scattering of the signs throughout the City would be detrimental to the
preservation of scenic resources and so to the economic base of the City; and
3. The proliferation of signs in the City has an adverse affect on adjacent
property values; and
4. The orderly and uniform regulation of signs is a substantial factor in guiding
the attractive and aesthetic development of properties in accordance with the
comprehensive plan and thereby avoiding detrimental impacts of signs on the
appearance of the City.
B. Therefore it is the intent of these regulations:
1. To protect the safety and efficiency of the City's transportation network by
reducing the confusion or distraction to motorists and enhancing the
motorist's ability to see pedestrians, obstacles, other vehicles, and traffic
signs;
2. To preserve, protect, and enhance areas of historical, architectural, cultural,
aesthetic, and economic value regardless of whether they are natural or
manmade;
3. To protect the value of adjacent and nearby properties, in particular,
residentially zoned properties from the impact of lighting, size, height,
movement, and location of signs;
4. To enhance the image of the City which is conveyed to tourists and visitors by
controlling the location, number, and size of signs;
5. To integrate sign regulations more effectively with other regulations by
establishing regulations for setbacks, height, and spacing to allow for lighting,
ventilation, and preservation of views in a manner consistent with land uses in
the various zoning districts; and
Ordinance No.2009-21
Repealing Ordinance No.2008-33
Establishing Sign Regulations Page 8
549364.v1
6. To preserve and enhance the appearance of the City and the public interest in
aesthetics, and to control and reduce visual clutter and blight.
SECTION 2: DEFINITIONS
Alter means to change the size, shape or outline, or type of sign or to change the electrical
lighting, except for the replacement of lamps not brighter than the original or the replacement of
a surface panel.
Attach means to stick, tack, nail or otherwise affix a sign to any object; to paint, stencil, write, or
otherwise mark on an object.
Awning means an architectural projection that provides weather protection, identity and
decoration, and is supported by the building to which it is attached. It is composed of a
lightweight rigid or retractable skeleton structure over which a thin cover is attached which may
be of fabric or other materials, and may be illuminated.
Banner means a sign composed of cloth, plastic, paper, canvas or other light fabric.
Building means a structure which has a roof supported by columns, wall or air for the shelter,
support, or enclosure of persons, animal or chattel.
Building Official means the building official for the City of Wylie or his/her designee.
Canopy means a roof-like structure which shelters a use such as, but not restricted to, a gasoline
pump island, and is supported by either one or more columns or by the building to which it is
accessory to and is open on two or more sides.
Dilapidated or deteriorated condition means any sign:
a. Where elements of the surface or background can be seen as viewed from the normal
viewing distance (intended viewing distance), to have portions of the finished material or
paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the
surface; or
b. Where the structural support or frame or sign panels are visibly bent, broken, dented, or
torn as to constitute an unsightly, hazardous or harmful condition; or
c. Where the sign, or its elements, are twisted or leaning or at angles other than those at
which it was originally erected (such as may result from being blown or the failure of a
structural support); or
d. Where the message or wording can no longer be clearly read by a person under normal
viewing conditions; or
e. Where the sign or its elements are not in compliance with the regulations of the National
Electrical Code and/or the Uniform Building Code currently adopted by the City.
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 9
549364.v1
Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the
painting of signs on the exterior surface of a building or structure.
Facing or surface means the surface of the sign upon, against or through which the message is
displayed or illustrated on the sign.
Flag means a piece of fabric or other flexible material usually rectangular in shape, attached to a
ground supported staff on one end, and used and commonly recognized as a symbol of a nation,
state, political subdivision,business, or nonprofit entity.
Illuminated sign means any sign which has characters, letters, figures, or designs illuminated by
electric lights, luminous tubes or other means that are specifically placed to draw attention to, or
to provide night time viewing of, the subject matter on the sign face.
Incidental means information on a sign that is incidental to the operation of the business such as
but not limited to hours of operation, accepted credit cards and parking information.
Logo means any design or insignia of a company or product which is commonly used in
advertising to identify that company or product.
Non-combustible material means any material which will not ignite at or below a temperature
of 1,200 degrees Fahrenheit, and will not continue to burn or glow at that temperature.
Pennant means any lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire or string, usually in a series, designed to move
in the wind.
Premises means a lot or unplatted tract, or a combination of contiguous lots and/or unplatted
tracts of land where the lot, tract, or combination of lots and/or tracts is under single ownership
and is reflected in the plat record of the City.
Public Right-of-Way means a dedicated road or street including the easement for that road or
street.
Roof means any exterior surface of a structure that has a slope of less than sixty(60) degrees and
shall also include the top most portion of any structure.
Searchlight means an apparatus capable of projecting a beam or beams of light in excess of 1
million peak candlepower.
Sign means any device, flag, banner, light, figure, picture, letter word, message, symbol, plaque,
or poster visible from outside the lot on which it is located and designed to inform or attract the
attention of persons not on that lot.
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 10
549364.v1
Sign area means the actual area of a face of the sign, unless the sign is not of a regular (square,
rectangle, triangle, and circle) shape. In the case of an irregularly-shaped sign, the entire area
within a single continuous perimeter forming the most applicable single regular shape enclosing
the extreme limits of each sign shall be the "gross surface area." In the event two or more signs
share a single structure, each sign or panel may be considered separately for square footage
purposes, except that the combined footage of such signs cannot exceed the total square footage
allowed for the sign.
Sign, Attached means any sign attached to, applied on, or supported by, any part of a building
(such as a wall, roof, window, canopy, awning, arcade, or marquee) which encloses or covers
usable space. Neon tubing attached directly to a wall surface shall be considered a "wall sign"
when forming a border for the subject matter, or when directing attention to the subject matter or
when forming letters, logos, or pictorial designs.
Sign, Awning means a sign attached to an Awning.
Sign, Canopy means a sign attached to a Canopy.
Sign, Changeable Message means a sign whose face is designed and constructed in a manner
capable of changing messages through a system of removable characters or panels attached to the
face of the sign or changed by electronic means.
Sign, Development means a temporary on-site sign providing identification or information
pertaining to a residential or commercial development and may include the builder, property
owner, architect, contractor, engineer, landscape architect, decorator, or mortgagee, within that
development,but shall not include a subdivision marketing sign.
Sign, Directional means any on-site sign to direct the public to entrances, exits and services
located on the property on which the sign is located.
Sign, Garage sale means any on-site Promotional Sign for the sale of personal household goods
in a residential zoning district or on the property of a nonprofit entity.
Sign, Home Improvement means any on-site sign that displays the name of a roofing, fence,
pool painting, landscape or other home improvement contractor.
Sign Height means the highest elevation of any part of a sign structure measured from the crown
of the current or proposed future street improvement as determined by the City of Wylie
Engineer of the street or road for which the sign fronts.
Sign, Inflatable means any hollow sign expanded or enlarged by the use of air or gas.
Sign, Institutional means a permanent on-site sign used to identify governmental and municipal
agencies, public schools, churches, or similar public institutions, and used to communicate
messages of public importance to the general public.
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 11
549364.v1
Sign, Kiosk means a ladder-style sign with multiple panels that is installed within the public
right-of-way, complies with Section 9(E), and either provides direction to Wylie residential
subdivisions and/or municipal facilities or provides the public with information about upcoming
city-sponsored events. To aid in the identification and location of residential subdivisions, a
Kiosk Sign may include the name of a developer or homebuilder when providing directions to
that developer's or homebuilder's residential subdivision.
Sign, Menu Board means an on-site sign that displays a menu and pricing for food services and
may include an audible speaker and microphone integral to the sign.
Sign, Model Home means any sign identifying a new home, either furnished or unfurnished, as
being a builder's or contractor's model open to the public for inspection.
Sign, Movement Control means a sign providing direction or traffic flow information for
persons or vehicles located the same premises as the sign. Movement Control Signs shall not
advertise or otherwise draw attention to the premises, an individual, business, commodity,
service, activity or product.
Sign, Monument means any detached sign made from masonry, concrete materials, wood or
plastic provided that a masonry or metal base is incorporated into the sign, with no separation
between the base of the sign and grade.
Sign,Nonconforming means a sign and its supporting structure which does not conform to all or
part of the provisions of this Ordinance, and:
1. Was in existence and lawfully erected prior to the effective date of this
Ordinance;
2. Was in existence and lawfully located and used in accordance with the provisions
of the prior ordinance applicable thereto, or which was considered legally
nonconforming there under, and has since been in continuous or regular use; or
3. Was in existence, located, and used on the premises at the time it was annexed
into Wylie and has since been in regular and continuous use.
Sign, Obsolete means any sign that no longer serves a bona fide use or purpose.
Sign, Off-Premise means a sign displaying advertising copy that pertains to a business, person,
organization, activity, event, place, service or product not principally located or primarily
manufactured or sold on the lot on which the sign is located.
Sign, Pole means any sign erected on a vertical framework consisting of one or more uprights
supported by the ground and where there is a physical separation between the base of the sign
and the ground.
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 12
549364.v1
Sign, Political means a sign (1) relating to the election of a person to a public office, (2) relating
to a political party, (3) relating to a matter to be voted upon at an election called by a public
body, or(4) containing primarily a political message.
Sign, Portable means a sign that is not securely connected to the ground in such a way that it
can easily be moved from one location to another and is not a vehicular sign.
Sign, Projecting means any sign which is attached to and supported by a building or wall and
which projects outward from the building or wall, generally at a right angle.
Sign, Promotional means any type of sign used for special promotions including, but not limited
to, grand openings, anniversary celebrations, sales, and other such events. Promotional signs
include, but are not limited to, banners, pennants, streamers, balloons, flags, bunting, inflatable
signs and other similar signs.
Sign, Protective means signs that identify or warn of any security devices located on the
premises, including guard dogs.
Sign, Reader board means any sign comprised of changeable letters that allows a change of
sign copy by adding or removing letters. The sign copy shall conform to the category use of the
sign allowed by this Ordinance.
Sign, Real Estate means any on-site temporary sign pertaining to the sale or rental of property
and advertising property only for the use for which it is legally zoned.
Sign, Secondary means a sign that is mounted to or that projects from a canopy or secondary
roof over an entry to a building, but that does not project above the highest point of the building.
Sign Sight Triangle interchangeable with Sight Visibility Triangle shall mean the triangle
formed at an intersection by intersecting curb lines and a non-curb line joining the curb lines.
The triangle is formed by a motorist's view of oncoming traffic when exiting a private drive or at
the intersection of two (2) (or more) public streets. The motorist's eye is assumed to be at a point
fifteen (15') from the edge of the roadway. Traffic must be visible for a distance of ten (10)
times the speed limit on either side of the vehicle parallel to the intersecting roadway. No sign
shall be placed in or above the triangular area created by the motorist's view described by this
subsection (see Illustrations 2-1). This will include those areas that may pose a pedestrian safety
concern as determined by the City of Wylie.
Sign, Subdivision Entry means any permanent on-site sign identifying a subdivision located in
a residential zoning district.
Sign, Temporary Religious means a sign that advertises the name of and provides direction to a
religious organization or group that is temporarily operating in a school or other facility.
Ordinance No. 2009-21
Repealing Ordinance No.2008-33
Establishing Sign Regulations Page 13
549364.v 1
Sign, Vehicular means any sign on a vehicle parked temporarily, incidental to its principal use
for transportation. This definition shall not include signs being transported to a site for
permanent erection.
Sign, Window means any sign, banner, poster or display located on the internal or external
surface of the window of any establishment for the purpose of advertising services, products or
sales available within such establishment or which announces the opening of such establishment.
Sign, Yard means any sign that publicizes the arrival of a newborn, a birthday, a personal
special event or the participation of a family member in a school activity or sport. Yard signs
shall also include signs that advertise the presence of a home security system.
Sign, Zoning means any sign provided by the City of Wylie Planning and Zoning Department to
publicize the request for zoning or rezoning of a property.
Sign Contractor means a General Contractor.
Sign Setback means the horizontal distance between a sign and the front or side property line, as
measured from that part of the sign, including its extremities and supports, nearest to any point
on any imaginary vertical plane projecting vertically from the front or side property line.
Sign Support means any pole, post, strut, cable or other structural fixture or framework
necessary to hold and secure a sign, providing that said fixture or framework is not imprinted
with any picture, symbol or word using characters in excess of one inch (1") in height, nor is
internally or decoratively illuminated.
Sign Width means the widest dimension determined by the largest measurement of all supports,
projections or any part of a sign structure on any horizontal plane.
Wall means any exterior surface of a structure that has a slope of 60 degrees or more.
Zoning District, Non-Residential means any zoning district designated by the Zoning
Ordinance of the City of Wylie as NS, CR, BP, CC, I, PD, FP, DTH.
Zoning District, Residential means any zoning district designated by the Zoning Ordinance of
the City of Wylie as AG/28, SF-1A/26, SF-30/24, SF-20/21, SF-10/19, SF-8.5/17, TH/15, MF,
and MH.
SECTION 3: ADMINISTRATION
The provisions of this Ordinance shall be administered by the Building Official.
Ordinance No.2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 14
549364.v1
A. Permits
1. Permit Required: In addition to the other permitting requirements set forth in
this Ordinance, no person shall erect, construct, relocate, alter, repair or
maintain any of the following type of signs unless a permit has been issued by
the City of Wylie and the fee paid for such erection, construction, relocation,
alteration, repair, or maintenance of such sign:
a. Awning Signs
b. Canopy Signs
c. Changeable Message Signs
d. Directory Signs
e. Institutional Signs
f. Menu Board Signs
g. Movement Control Signs
h. Monument Signs
i. Nonconforming Signs (for relocation, alteration, and/or repair
only)
j. Projecting Signs
k. Reader board Signs
1. Secondary Signs
m. Subdivision Entry Signs
2. Permit Fees and Sign Contractors. Permit fees are contained in Appendix C
of the Code of Ordinances. A permit may only be issued to a Sign Contractor
that carries at least three hundred thousand dollars ($300,000.00) of general
liability insurance and provides evidence of such insurance coverage to the
Building Official when they submit the permit application.
3. Permit Expiration: A permit for a sign shall expire if the work is not
commenced within ninety (90) days from the date of issuance of such permit.
4. Electrical permit: Where signs contain electrical wiring and connections, an
electrical permit must also be obtained in addition to the permit for the sign.
No sign shall be erected in violation of the City's electrical code or
regulations.
5. Not to Issue to Persons Previously Failing to Pay Fees: The City shall not
issue a permit under the provisions of this Ordinance to any person, business,
entity, organization or activity who has previously failed or refused to pay any
fees or costs assessed against him under the provisions of this Ordinance.
6. Easements: No sign shall be located in any easement other than a landscape
easement.
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 15
549364.v1
B. Applications
All applications for permits shall include each of the following:
1. A completed permit application.
2. A plot plan declaring all property lines, setbacks, easements, Right of Ways,
other existing signs maintained on the lot and the required distance separation
to the closest monument sign in any direction scaled to linear feet.
3. A scaled drawing of the height, width and display area of the proposed sign.
4. A drawing of the lot plan or building facade indicating the proposed location
of the sign, specifications, materials and landscaping plan.
5. Electrical plan and load requirements.
C. Work Started Without a Permit
No sign requiring a permit may be erected or installed without first having a
permit. If any work for which a permit is required by this Ordinance has been
commenced without first obtaining a permit the following shall apply:
1. Investigation. A special investigation to determine compliance shall be made
before a permit may be issued for the work.
2. Investigation Fee. In addition to the permit fee, an investigation fee shall be
collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by
this City. The payment of the investigation fee shall not exempt any person
from compliance will all other provisions of this Ordinance nor from any
other penalty prescribed by law.
D. Permit Revocable
1. The City may suspend or revoke any permit issued under the provisions of
this Ordinance whenever it shall be determined that the permit is issued:
a. in error; or
b. on the basis of incorrect or false information supplied; or
c. in violation of any of the provisions of this Ordinance; or
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 16
549364.v 1
d. in violation any other Ordinance of this City or laws of this State or the
Federal government.
2. The suspension or revocation shall be effective when communicated in
writing to the person to whom the permit is issued, the sign owner, or to the
property owner upon whose property the sign is located.
3. Any signs installed or existing under a revoked permit shall be removed by
the permit holder, sign owner, or property owner within ten (10) days of
written notice of the revocation.
E. Non Conforming Signs
1. Non conforming signs in the City of Wylie shall be subject to the regulations
set forth in the Wylie Building Code, as amended, except as otherwise set
forth herein.
2. A nonconforming sign and/or its supporting structure, which is destroyed,
damaged, dilapidated or deteriorated, shall not be replaced, repaired or
renovated, in whole or in part, if such replacement, repair or renovation
would require an expenditure of monies in excess of sixty percent (60%) of
the cost of a new sign, including its supporting structure, which is
substantially the same or similar to the nonconforming sign destroyed,
damaged, dilapidated or deteriorated. Permits granted prior to the passage of
this Ordinance shall be renewed only if the applicant complies with all
provisions of this Ordinance.
3. A nonconforming sign or supporting structure that is lawfully repaired,
reproduced, or renovated as a nonconforming sign may be increased in area
or height.
4. A nonconforming sign may be relocated on the same lot or tract of land if(1)
the sign is required to be removed from its present location because the
property upon which the sign is located is acquired by any governmental
agency or other entity which has or could have acquired the property through
the exercise of its power of eminent domain; and (2) the location for which
the nonconforming sign is to be relocated complies with all requirements set
forth in the Wylie Code of Ordinances.
5. The material used in the repair, replacement or modification to an existing
nonconforming sign must be approved by the City of Wylie Planning
Department and the Building Department. Pole or stanchion supports must be
designed, modified and constructed to appear as a solid base Monument Sign
in accordance with this ordinance.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 17
549364.v1
F. Inspection
The City may inspect annually, or at such other times as it deems necessary, each
sign regulated by this Ordinance for the purpose of ascertaining whether the same
complies with provisions of this Ordinance, is secure or insecure, whether it still
serves a useful purpose, and whether it is in need of removal or repair.
G. Removal of Obsolete Signs
Any sign which the City determines no longer serves a bona fide use or does not
conform to this Ordinance shall be removed by the owner, agent or person having
the beneficial use of the land,buildings or structure upon which the sign is located
within ten(10) days after written notification to do so from the City.
H. Removal or Repair of Dilapidated or Deteriorated Signs
If the City shall determine that any sign exists in a dilapidated or deteriorated
condition, or is a menace to the public, he shall give written notice to the person
or persons responsible for the sign. The permit holder, owner, agent or person
having the beneficial use of the premises shall remove or repair the sign within
ten (10) days after the notice. The City may remove or have removed, without
notice, and assess the owner for the costs, any sign which is an immediate peril to
persons or property.
Removal of Illegally Erected Signs
Any temporary sign that is erected, constructed or otherwise displayed, which the
City determines to be in violation of this Ordinance, may be removed by City
personnel. Any such sign removed by City personnel may be held for a period of
seventy-two (72) hours and upon expiration of the time may be disposed. The
City is not required to notify the permit holder or owner of the sign that it has
been picked up or that disposal of the sign is imminent.
For permanent signs, the sign must be removed by the permit holder, owner of the
sign, or owner of the property on which the sign is located within ten (10) days
after the City sends written notice to remove the sign. Upon failure to comply
with the notice or to file an appeal of the decision in accordance with this
Ordinance, the City is authorized to cause the removal of the sign and assess the
permit holder, owner of the sign and/or owner of the property on which the sign is
located for all costs associated with of removal. The permit holder, owner of the
sign, and the owner of the property on which the sign is located shall be jointly
and severally liable for such costs.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 18
549364.v1
J. Variances
1. Variances to the provisions of this Ordinance shall be heard by the
Construction Code Board. A simple majority vote of the board in favor of the
variance will be required to approve any variance request. In order to approve
a request for a variance, the Construction Code Board shall determine that the
request meets three (3) of the following four(4) criteria:
a. The proposed sign shall not adversely impact the adjacent property
(visibility, size, location, etc.);
b. The proposed sign does not conflict with the spirit of this Ordinance,
which is one of providing public safety, open space and air, preservation
and enhancement of the appearance of the City and protection of property
values;
c. The variance is needed due to restricted area, shape, topography or
physical features that are unique to the property on which the proposed
sign would be located;
d. The proposed sign is of a unique design or configuration.
2. Should the Construction Code Board deny a request for a variance, the
applicant may appeal the request to the City Council, provided that, such
appeal is requested in writing within thirty (30) days of the date the
Construction Code Board denied the variance. A vote of three-fourths (3/4) of
the full membership of the City Council is required to approve the appeal. The
decision of the City Council is final.
3. A variance from this Ordinance is valid only if a permit is secured within
ninety(90) days from the date of the Board's or the Council's decision.
4. Each applicant shall pay a fee of one-hundred fifty dollars ($150.00) before
the Construction Code Board shall hear any variance request.
Exception: No variance fee shall be required for any variance requested
by any applicant that the Building Official determines to be a bona fide
non-profit organization.
5. All variance requests shall be made in writing to the Building Official.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 19
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SECTION 4: PROHIBITED SIGNS
Any sign which is not specifically allowed by this Ordinance shall be prohibited. In addition, the
following types of signs are expressly prohibited within the City of Wylie:
A. Signs Imitating Traffic or Emergency Signs
Signs may not contain any combination of forms, words, colors, or lights, which
imitate standard public traffic regulatory, emergency signs, or signals.
B. Portable Signs
Portable signs, unless specifically allowed by this Ordinance.
C. Signs Violating other Laws or Ordinances
Signs erected in violation of any ordinance adopted by the City of Wylie or any
state or federal law. (e.g. traffic visibility requirements, zoning, building code, or
electrical code).
D. Signs Attached to Trees or Utility Poles
Signs attached to, painted or maintained upon any tree or public utility pole or
public utility structure.
E. Signs on Sidewalks, Curbs, Gutters or Streets
Signs attached to or painted on any sidewalk, curb, gutter, or street (except street
address numbers).
F. Moving, Flashing, Revolving or Color Changing Signs
Signs that move, flash light intermittently, change color or revolve, unless
specifically allowed in this Ordinance.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 20
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G. Pole Signs
Pole signs and flag poles unless specifically allowed by this Ordinance in Sections
3: E, 6:A. and 10.
H. Off-Premise Signs
Off-Premise signs, unless specifically allowed by this Ordinance.
I. Signs Attached to or Painted on a Fence,Wall or Railing
Signs attached to or painted on the outside of a fence, wall or railing, unless
specifically allowed by this Ordinance.
Exception: Signs identifying the manufacturer of a fence or similar
product, provided that the sign does not exceed one and one-half (11/2')
square feet.
J. Signs Causing a Nuisance or Hazard Because of Illumination
Signs illuminated to intensity to cause glare or brightness to a degree that could
constitute a safety hazard or nuisance.
K. Signs Advertising the Sale of a Vehicle
Signs attached to a vehicle advertising the sale of the vehicle where the vehicle is
parked in such a way that the sign informs or attracts the attention of persons
using the public right-of-way. Vehicles legally parked at one location, with for
sale signs visible from the right-of-way for two (2) hours or more, shall be prima
facie evidence of non-compliance with this Section.
Exception: A maximum of two (2) vehicles may be parked at the vehicle
owner's residence or on the street adjacent to the residence advertising, the
sale of the vehicles provided that the vehicles are registered to the person
residing at the residence.
L. Signs Attached to a Vehicle
Signs placed on or affixed to vehicles and/or trailers that are parked on a public
right-of-way, public property, or private property so as to be visible from a public
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 21
549364.v 1
right-of-way where the apparent purpose is to advertise a product or direct people
to a business or activity located on the same or nearby property shall be
prohibited. However, this is not in any way intended to prohibit signs placed on or
affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign
is incidental to the primary use of the vehicle or trailer.
SECTION 5: EXEMPT SIGNS
A permit shall not be required for the following signs, provided however, such signs shall
otherwise comply with all other applicable sections of this Ordinance.
A. Nameplates
Nameplates, or signs reflecting the name of a building or structure (i.e., a fence)
or the name of the company that built or designed the building or structure, not
exceeding one (1) square foot in area.
B. Building Identification/Memorial
A memorial sign, plaque or tablets identifying the names of buildings, sponsors
and date of construction may be cut into a masonry surface or constructed of
bronze or other noncombustible materials.
C. Traffic
Traffic or street signs, legal notices, railroad crossing signs, danger, and
emergency, temporary or non-advertising signs as may be approved by the City
Council or the City Manager or his authorized representative.
D. Signs Inside a Building
Signs located inside a building and which are not displayed so as to be visible
from outside the building. Signs located in covered mall buildings shall comply
with the current building code and electrical code.
E. Changeable Copy
Copy change only for previously permitted signs designed to provide a
changeable copy area.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 22
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F. Movement Control Signs
Movement Control Signs may be erected at any occupancy or any lot, other than
single family or duplex premises, may be attached or detached and may be erected
without limits as to number; provided that such signs shall comply with all other
applicable regulations of this Ordinance. Movement Control Signs shall be
premise signs only. The occupant of a premise who erects a Movement Control
Sign shall comply with the following regulations:
1. Each sign must not exceed five(5') square feet in effective area.
2. If a sign is an attached sign, as defined, the words must not exceed six (6")
inches in height.
3. Each sign must convey a bona fide message which directs vehicular or
pedestrian movement within or onto the lot on which the sign is located.
G. Protective Signs
The occupant of a premise may erect a maximum of two (2) Protective Signs, in
accordance with the following regulations:
2. Each sign must not exceed six (6') square feet in effective area.
3. Detached signs must not exceed three(3') feet in height.
H. Government Signs
Flags, insignia, legal notices, or informational, directional or traffic signs which
are legally required or necessary to the essential functions of government agencies
and decorative displays for holidays or public demonstrations which do not
contain advertising and are not used as such.
I. Holiday Lights and Decorations
Temporary lights and holiday decorations with electrical connections displayed
ninety (90) days or less must be listed by a recognized listing agency, but
otherwise shall be exempt from the terms of this ordinance.
J. Political Signs
Political signs that:
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Repealing Ordinance No.2008-33
Establishing Sign Regulations Page 23
549364.v1
1. Are on private real property with consent of the property owner; and
2. Are not greater than thirty-six (36') square feet; and
3. Are not taller than eight (8') feet measured from the ground to the highest
point of the sign; and
4. Are not illuminated; and
5. Do not have any moving elements or parts.
A sign not meeting each of the above requirements or containing primarily a
political message on a temporary basis and that is generally available for rent or
purchase to carry commercial advertising or other messages that are not primarily
political is not exempt from the requirements of obtaining a permit, assuming the
sign is otherwise allowed by this Ordinance.
K. Special Event or Public Announcement Signs
Signs providing public information concerning special events, bazaars, rallies, or
other similar activities sponsored by non-profit organizations including charitable,
religious, philanthropic, educational, or civic institutions with the following
regulations:
1. Signs must be located on private property and the organization must have
permission from the property owner to place the sign on their property. (Signs
of this type can be off-premise signs and are exempt from Section 4.H.
2. The maximum sign area is thirty-two (32') square feet.
3. The maximum height is six (6') feet.
4. A maximum of six (6) off-premise signs may be located in the City at a given
time advertising the non-profit organization function.
5. The advertised function must occur within the corporate limits of the City of
Wylie, it's ETJ, or an adjacent municipality and be sponsored by a non-profit
organization located within the City of Wylie.
6. Signs shall not be located on a residential premise.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 24
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L. Garage Sale Signs
1. Garage sale signs shall not be erected earlier than two (2) days prior to the
sale and must be removed immediately after the sale but in no case longer
than one(1) day following the sale.
2. Garage sale signs shall be located only on private property with the consent of
the property owner.
3. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right-of-way, the sign shall be located at least ten (10') feet from the edge of
the street.
4. Garage sale signs shall not exceed six (6') square feet in area.
M. Home Improvement Signs
1. Home improvement signs may be erected that display the name of a roofing,
fence, pool, landscape or other home improvement contractor currently
providing such services on the premises.
2. A home improvement sign is allowed only on the lot on which the
improvement is occurring.
3. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right-of-way, the sign shall be located at least ten (10') feet from the edge of
the street.
4. The home improvement sign must be removed thirty (30) days after it is
erected or upon the completion of the work, whichever occurs first.
5. Home improvement signs shall not exceed six (6') square feet in area.
6. A maximum of one home improvement sign shall be allowed on the lot at any
one time.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 25
549364.v 1
N. Temporary Religious Signs
1. Temporary religious signs may be erected during times of worship provided
the sign is placed no earlier than two (2) hours prior to worship and is
removed no later than two (2)hours after worship.
2. Signs shall be located only on private property with the consent of the
property owner.
3. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right-of-way, the sign shall be located at least ten (10') feet from the edge of
the street.
4. Signs shall not exceed thirty-six (36') square feet in area.
O. Yard Signs
1. Signs shall be located only on lots containing an occupied single-family, two
(2) family or multi-family dwelling.
2. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right-of-way, the sign shall be located at least ten (10') feet from the edge of
the street.
3. Signs shall not exceed six (6') square feet in area.
P. Zoning Signs
1. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right-of-way, the sign shall be located at least ten (10') feet from the edge of
the street.
2. Signs shall not exceed six (6') square feet in area.
Q. Signs Held by Pedestrians
Any sign held or carried by a person for the purposes of advertising or otherwise
drawing attention to an individual, business, commodity, service, activity or
product, or a person dressed in a costume for such purposes, must be located at
least six (6') feet from the street pavement of any right-of-way, and located on the
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 26
549364.v1
property where the event, activity or thing that the sign advertises or draws
attention to occurs or is located.
SECTION 6: GENERAL SIGN REGULATIONS
A. Flags
1. All flags shall comply with Title 4 of the U.S. Code, when applicable.
2. Flag poles must be located at least fifteen(15') feet from any property line.
3. The maximum height of a flag on a lot with a residential use is twenty-five
(25') feet. The maximum height of a flag on a lot with a non-residential use is
thirty-five (35') feet.
4. No flag or flag pole may be located within any governmental or utility
easement.
5. A businesses or nonprofit entity may erect a maximum of three flags per tract
of land, only one of which may include the flag for the business and/or
nonprofit entity. A flag showing the emblem or logo of a business or nonprofit
entity must be located on the same tract of land as that business or nonprofit
entity. No flag shall show the emblem or logo of a business or nonprofit entity
that is located on a separate tract of land.
B. Obscenity
No person shall display on any sign any obscene matter as defined by Section
43.32(a) (1), Texas Penal Code, as amended, or any matter soliciting or promoting
unlawful conduct. Any sign which contains obscene matter must be removed
within twenty-four (24) hours of notice. The owner or person in control of the
property on which the sign is located shall be responsible for compliance with this
Section.
C. Obsolete Signs
All signs relating to a product no longer available for purchase by the public and
all signs relating to a business which has closed or moved away shall be removed
or the advertising copy shall be removed. Painted wall signs shall be painted over
with a color that resembles or matches the wall and does not allow the sign
message to be visible after over painting. The owner of the property on which the
sign is located shall be responsible for removal of the sign within thirty (30) days
of obsolescence.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 27
549364.v1
D. Maintenance of Signs
All signs shall be maintained in good condition. Signs which are damaged in any
way, rusty or have peeling paint do not meet minimum maintenance criteria and
shall be brought into compliance, or the sign must be removed, no later than the
tenth (10th) day after written notice of such violation is sent to the property
owner, permit holder or person in control of the property, via certified mail. The
owner of the property, permit holder or person in control of the property on which
the sign is located shall be jointly and severally responsible for compliance with
this subsection.
E. Wind Pressure and Dead Load Requirements
All signs shall be designed in accordance with all of the following requirements;
set forth in Section 8 Table B-1, Building Code Exposure Category C, constructed
to withstand a wind pressure of not less than thirty (30) pounds per square foot of
area and shall be constructed to receive the minimum dead loads as required by
the Building Code and regulations of the City of Wylie.
F. Obstructing Doors,Windows, or Fire Escapes
It shall be unlawful to erect, relocate, or maintain a sign in any manner that
prevents free ingress to or egress from any door, window or fire escape, or to
attach any sign to a standpipe or fire escape.
G. Placement of Advertising Matter
1. No person shall place on or suspend from any building, light fixture, pole,
structure, sidewalk, parkway, driveway or parking area, any goods, wares,
merchandise or other advertising object or structure for the purpose of
advertising such items other than a sign, as defined, regulated and prescribed
by this Ordinance, except as otherwise allowed by this Ordinance or another
ordinance.
2. No person, firm, corporation or association of persons shall paste, stick, tack,
nail or otherwise place any advertisement, handbill, placard, printed, pictured
or written matter or thing for political advertising or other advertising
purposes upon any fence, railing, sidewalk or public telephone, electric or
other utility pole, or any other public property, including trees thereon or to
knowingly cause or to permit the same to be done for his benefit.
3. It shall be unlawful for any person to scatter or throw any handbills, circulars,
cards, tear sheets or any other advertising device of any description, along or
upon any street or sidewalk in the City of Wylie.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 28
549364.v 1
H. Signs Prohibited On or Over Public Property
Except as otherwise provided for in this ordinance, no portion of any sign shall be
erected on or over public property, or in the right-of-way of any thoroughfare
within the City, except for Projecting Signs in the Downtown Historic District
meeting regulations in Section 5.P and Section 8.F in this Ordinance. Signs
violating this provision shall be considered illegal signs and may be removed and
disposed of by the City in accordance with this Ordinance.
I. Illumination of Signs
1. No sign shall be illuminated to such intensity or in such a manner as to cause a
glare or brightness to a degree that it constitutes a hazard or nuisance.
2. Moving, flashing, changing color, beacons, revolving or similarly constructed
signs shall not be allowed, except for electronic signs showing time and
temperature.
3. Sign illumination may only alternate on and off at a rate equal to or less than
twelve(12) times in an hour, excluding time and temperature signs.
4. A sign in a residential district, where allowed by this Ordinance, may be
illuminated. Any illumination shall be located so as not to produce intense
glare or direct illumination across the bounding property line. Internal
illumination shall not exceed forty (40) watts per every twenty-five (25')
square feet or any portion thereof of the sign face.
J. Searchlights
Searchlights may be permitted in accordance with any applicable regulations. A
permit for use of an advertising searchlight may be granted under the following
additional regulations:
1. A searchlight shall be located a minimum distance of fifty (50') feet from a
public right-of-way and positioned so as to project all beams at a minimum
angle of thirty(30) degrees from grade level.
2. The maximum light intensity generated by searchlights on any premises may
not exceed a total of 1.6 million foot candlepower. No more than four (4)
beams of light may be projected from any premises.
3. All searchlights must be designed and maintained so as to prevent beam rays
of light from being directed at any portion of the rights-of-way or adjoining
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 29
549364.v1
property, and no light shall be of such intensity or brilliance to cause glare to
or impair the vision of the driver of any vehicle, or to create greater than 0.5
foot candles at four(4') feet height at the property line.
4. No advertising searchlight may be operated between the hours of 11:00 p.m.
and 7:00 a.m.
5. No advertising searchlight may be operated on a premise for more than seven
consecutive days. No permit for an advertising searchlight may be issued for
any business entity for which a permit has been issued for a searchlight on the
same premises within the six (6) months preceding the date of the permit
application.
SECTION 7: ATTACHED SIGN REGULATIONS
Unless otherwise specifically provided, the regulations set forth in this Section shall be
applicable to all attached signs that are allowed under this Ordinance.
A. Wall Signs
1. Where Allowed. Wall signs shall be limited to buildings located in a
nonresidential zoning district or to churches, apartments, schools and other
nonresidential uses, with the exception of model homes, located within a
residentially zoned district.
2. Installation Requirements. All signs and their words shall be mounted
parallel to the building surface to which they are attached, and shall project no
more than eighteen (18") inches from that surface, except for Projecting signs
as allowed in Section 7.F. Wall signs shall not extend above the wall or
building surface to which the sign is attached. Banner signs shall not be
utilized as permanent wall signs, but only as Promotional Signs as allowed in
Section 10.C.
3. Maximum Sign Area
Wall signs shall not exceed the following area schedules:
a. An attached sign located at a height of twenty-six (26') feet or less is
limited to one (1') square foot of sign area for each linear foot of building
frontage for a single tenant building, or lease space frontage in a multiple
tenant building, not to exceed four hundred fifty(450') square feet.
b. An attached sign located above a height of twenty-six (26') feet shall be
permitted an increase in maximum effective area. Such increases shall not
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 30
549364.v1
exceed four (4') square feet in effective area for each additional one foot
(1') of height above twenty-six (26') feet measured from the base of the
sign. Signs may be increased hereunder to a maximum size of six hundred
(600') square feet.
c. Attached signs may be located on any facade except for signs located on
the side or rear wall of a building where the sign would face an adjacent
residential zoning district.
d. The sum of the effective area of all attached signs shall not exceed the
allowable effective area specified in paragraphs (a) or (b) above,
whichever paragraph is applicable. Signs on a single façade shall not
exceed the sign area allowed in paragraph (a) above.
B. Signs attached to a Building(s)
No portion of any type or style of a sign will be allowed to project above the
vertical plane of the exterior wall, parapet, mansard or the fascia panels of a
canopy upon which they are attached.
C. Illumination of Attached Signs
Attached Signs may only be illuminated utilizing internal lighting. Exterior letters
with exposed neon lighting are allowed.
D. Window Signs
Window signs do not require a permit or a permit fee. Window Signs must meet
the following regulations:
1. Window Signs must not obscure more than twenty-five (25%) percent of the
window area per facade.
2. The sign area shall be measured by drawing a rectangular or square box
around the sign elements, then multiplying the height by the width. For signs
whose shape is irregular, the box must enclose all elements of the sign.
3. No illuminated Window Signs shall be allowed within two (2') feet of the
window surface, except for open/ closed signs.
E. Awning Signs
Awning Signs must meet the following regulations:
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Establishing Sign Regulations Page 31
549364.v1
1. An Awning may extend the full length of the wall of the building to which it
is attached and shall be no more than six (6') feet in height and shall not be
placed less than eight(8') feet above the sidewalk.
2. Artwork or copy on Awning Signs shall be limited to a business name and/or
logo.
3. The artwork or copy for an Awning Sign shall not exceed twenty (20%)
percent of the area of the Awning and shall extend for no more than sixty
(60%) percent of the length of the Awning.
F. Projecting Signs
1. Signs shall be constructed of noncombustible material.
2. Signs shall not project more than three (3') feet, measured from the building
face and shall not be closer than two (2') feet from the back of the curb line.
3. Signs shall be at least eight (8') feet above the sidewalk.
4. Signs may be illuminated in conformance with this Ordinance or other
applicable City regulations.
5. Signs shall be compatible in design, shape, and material with the architectural
and historic character of the building.
6. Signs shall not exceed sixteen (16') square feet per sign face.
G. Canopy Sign
Canopy Signs must meet the following regulations:
1. A Canopy Sign may be attached to, or be an integral part of the face of a
canopy.
2. A Canopy Sign may consist of only the name and/or logo of the business at
the location of the canopy.
3. The artwork or copy on a Canopy Sign shall not exceed ten (10%) percent of
the face of the canopy, or a maximum of twenty-five (25') square feet,
whichever is greater.
4. An illuminated stripe may be incorporated into a canopy. The stripe may
extend along the entire length of the face of the canopy. The width or
Ordinance No. 2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 32
549364.v1
thickness of the stripe shall be limited to one-third of the vertical dimension of
the face of the canopy. The internal illumination of a canopy is limited to the
portions of the canopy face on which a sign or stripe is permitted.
H. Electrical Signs
Every sign with any type of electrical connection must be recognized by an
approved listing agency with a permanent label properly affixed or be designed
and assembled by a state licensed Master or Sign Electrician registered with the
City of Wylie. An electrical permit and approved inspection are required prior to
the erection or attachment to the permanent structure.
SECTION 8: MONUMENT SIGN REGULATIONS
A. General Requirements.
1) All Monument Signs shall be compatible with the colors and materials of the building
that is located on the same lot as the sign. Sculpted aluminum sign panels and plastic
panel signs are allowed to be utilized on Monument Signs.
2) No sign shall be installed in such a way as to obstruct a motorist's view of oncoming
traffic when stopped at an exiting drive or at the intersection of two (2) (or more) public
streets. The motorist's eye is assumed to be at a point fifteen (15') feet from a point
determined by the intersecting curb lines or the edge of the roadway whichever is more
stringent. Traffic must be visible for a distance of ten (10) times the speed limit on either
side of the vehicle parallel to the intersecting roadway. This shall be applied to all public
and private approaches affected. See Illustration 2-1.
3) No sign shall be placed in or extend beyond the vertical plane of a property line, public
street, sidewalk, easement or right-of-way.
4) A monument sign must be separated by at least one hundred (100') feet from any other
monument sign on the same property, measured along the right-of-way.
5) Changeable message signs. Monument signs shall include a maximum area of thirty-two
(32') square feet that incorporates changeable messages or lettering, as defined, in the
sign face. Such messages shall not blink, flash, or scroll. Changeable message signs are
allowed to change their message a maximum of once every eight seconds.
6) Street addresses. On-premises signs shall display the street addresses of the business
location it advertises in numbers at least five (5) inches high on each monument sign in
legible form within forty (40') feet of the nearest public roadway. Such numbers shall
increase one (1) inch in height for each additional forty (40') feet, or fractional part
thereof, the sign is located from such roadway and utilize contrasting colors)
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7) Every sign with any type of electrical connection must be listed by a recognized listing
agency with a permanent label properly affixed.
8) Properties with Single Tenants. Businesses located on individually platted land including
individual pad sites within a shopping center, apartments, schools, model homes and
other nonresidential uses located on residentially zoned property are permitted to erect
monument signs that comply with the following regulations:
a. Maximum Display Area allowance is Ninety(90') square feet.
b. Maximum Height is Twelve (12') feet.
c. Maximum Width is Eight (8') feet.
9) Properties with Multiple Tenants. Multiple business signs (MBS) advertising multiple
business in a common center(s) shall observe the following specific rules and regulations
as identified in Table B-1, in addition to all other regulations herein contained. Shopping
centers and/or office complexes with multiple tenants are permitted to erect monument
signs that comply with the following regulations:
a. A multiple business sign shall not be erected, constructed, or maintained
within one hundred (100') feet of any other sign except for signs on the
buildings of the businesses advertised on the multiple business sign and
traffic, street or directional signs.
b. There may be more than one (1) multiple business signs on each street
frontage. The minimum distance between each such multiple business sign
shall be in compliance the requirements of Table B-1.
c. A multiple business center (MBC) with less than one hundred (100') feet of
street frontage shall be permitted no more than one(1) multiple business sign.
d. Maximum size shall be in compliance the requirements of Table B-1.
e. Maximum height shall be in compliance the requirements of Table B-1.
TABLE INSET B-1
Number of Maximum Maximum Display Minimum Minimum
Tennant Allowable Allowable Area Max Distance Wind Load
Spaces* Height Width Between Design
MBS Speed **
2-4 14 feet 12 feet 128 feet 100 feet 100 MPH
5-8 16 feet 12 feet 160 feet 100 feet 100 MPH
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9-12 19 feet 14 feet 216 feet 300 feet 110 MPH
13-16 25 feet 16 feet 320 feet 300 feet 110 MPH
* The minimum dimension allowance of any business or otherwise tenant space
shall not be less than thirty (30') linear feet in width as measured along the
display or advertised frontage of any building, space or structure. In no case
will this consideration take precedence over any zoning building and/or fire
code requirements or amendments through adoption by the City of Wylie.
** The Minimum Wind Load Design Speed shall be designed and engineered to
Wind Exposure Category C or better and bear the stamp of a Professional
Structural Engineer legally licensed by the state of Texas.
B. Fuel Pricing Signs
A Fuel Pricing Sign must be integral to the permitted sign for the site and shall
satisfy the following additional requirements:
a. The Fuel Pricing Sign shall only reflect the most current price
of fuel available for purchase at that location and must be a
Monument Sign.
b. The pricing display may not scroll, flash, or change more
frequently than twice a day.
c. The overall sign dimension shall be in compliance with Table
B-1, must comply with all other regulations and the pricing
display may not exceed two-thirds of the gross sign area per
sign face.
d. Only one pricing display is allowed per site.
e. Internal illumination may be used for the pricing display.
f. Changeable reader boards of a manual type may be used if
proper design is employed to keep the changeable panels safely
in place at the minimum wind load design speed in compliance
with Table B-1.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 35
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C. Material Regulations
All Monument Sign bases shall be constructed of the same material as the front
building facade on the same site or shall be compatible in design with stone or
brick. The Sign Support must be constructed or covered with the same masonry
material as the principal building, or stone, or brick. Sculpted aluminum or plastic
sign panels will be allowed. All sign text and graphic elements shall be limited to
a minimum of six (6") inches from the outer limits of the sign structure.
D. Illumination
Monument Signs may be illuminated by a ground lighting source where the light
itself and supporting structure are screened from the public right-of-way. Ground
lighting must be of one constant color and not pose a traffic concern as
determined by the City of Wylie. Signs may be back lit using internal lighting.
SECTION 9: OTHER TYPES OF SIGNS
This Section provides standards for specific types of permanent signs permitted by this
Ordinance.
A. Menu Board Signs
Menu Board Signs must meet the following regulations:
1. Menu Board Signs may be Attached or Monument Signs.
2. The maximum height is six (6') feet.
3. The maximum sign area is twenty-four(24') square feet. Only one sign face is
allowed per sign, but may be compartmentalized to appear as only one sign
panel face assembly.
4. All Menu Board Signs shall be located at the side or rear of the principal
building. If two signs are erected they must be at least twelve (12') feet apart.
5. Internal illumination may be utilized for the sign panel.
6. Any sign must be located at least fifteen (15') feet from any property line.
B. Subdivision Entry Signs
Subdivision Entry Signs must meet the following regulations:
1. Comply with the General Requirements of Monument Signs.
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Establishing Sign Regulations Page 36
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2. May not exceed seven (7') feet in height from the crown of the current or
proposed future street improvement as determined by the City of Wylie
Engineer.
3. Subdivision Entry Signs may be attached to a wall at the subdivision entrance
or installed as a Monument Sign.
4. Attached Signs may not project above the top of the wall on which they are
attached.
5. The maximum sign area is thirty-two (32') square feet for Attached Signs.
6. Only one (1) Monument Sign or two (2) attached signs may be placed at each
subdivision entrance. A Monument Sign may have the subdivision name on
both sides.
7. Monument Signs may be located in the median at the street entrance if
approved by the City in an approved plat, within a developer's agreement, or
by separate approval of Planning and Zoning Commission.
C. Directory Signs
Directory signs must meet the following regulations:
1. Directory Signs may be either Attached or Monument Signs.
2. Directory Signs must be located a safe distance from the entry drive and the
public right-of-way as determined by the City's Engineer.
3. Only one Directory Sign is allowed per street entrance.
D. Institutional Signs
Institutional Signs must meet the following regulations:
1. Institutional Signs may be Attached and/or Monument Signs.
2. Institutional Signs may include a reader board, subject to the following
limitations:
a. Reader board must be integral to the permitted sign for the site;
b. Messages on the reader board, whether electronic or manual, may not
scroll, flash, or change more frequently than once a day;
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Establishing Sign Regulations Page 37
549364.v1
c. Manual reader boards using movable lettering must have a lockable
covering;
d. The reader board display cannot exceed two-thirds of the gross sign area
per sign face, excluding a Monument Sign border.
e. Internal illumination may be utilized for the reader board sign panel.
E. Kiosk Signs
Kiosk Signs must meet the following regulations:
1. Procedures for Installing a Kiosk Sign
a. Kiosk signs may only be installed pursuant to an executed concession
contract approved by City Council. This concession contract shall grant a
person or company (the "Concessionaire") the right to design, erect, and
maintain Kiosk Signs within Wylie and administer the Kiosk program as
set forth by that concession contract.
b. Once a concession contract is approved by City Council, the
Concessionaire shall submit a map, elevations, and any other
documentation deemed necessary by city staff, showing the location and
design of the proposed Kiosk Signs to the Director of Planning, Building
Official, and the Director of Public Works. Upon review of the map,
elevations, and any other applicable documentation, the Director of
Planning, Building Official, and Director of Public Works shall make a
recommendation to City Council as to whether the location and design of
the proposed Kiosk Signs should be approved, denied, or modified.
c. City Council may approve, deny, or approve with modifications the
location and design of the proposed Kiosk Signs as shown on the map,
elevations, and other applicable documentation. Modifications include, but
are not limited to, modifications to the color of, or materials used in, the
sign panels. No party may erect a Kiosk Sign without City Council
approval of the location and design of the kiosks.
d. The Concessionaire must comply with all permitting requirements set
forth in this Ordinance.
2. Location of Kiosk Signs. Although the City Council has the authority to
determine where Kiosk Signs may be located, locations must at least meet the
following criteria:
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549364.v1
a. The location of Kiosk Signs must not create traffic hazards. The
obstruction of the visibility of motorists, pedestrians, or traffic control
signs will constitute a type of traffic hazard. Wylie's Engineering Division
shall review the location of each proposed Kiosk Sign. A Kiosk Sign shall
not be installed if Wylie's Engineering Division determines that the
location of the proposed sign would create a traffic hazard.
b. The location of Kiosk Signs must not interfere with the general use of and
handicap accessibility of sidewalks, walkways, bike, and hiking trails.
c. The location of Kiosk Signs must not interfere with any public utilities or
be located in a utility easement.
d. Kiosk Signs must not be located within a sight visibility triangle.
e. Kiosk Signs must not be placed adjacent to a lot with a residential use
without the prior written consent of the owner(s) of that lot as shown on
the most current tax roles. Proof of prior written consent must be attached
to the Concessionaire's permit application. If a residential use is placed on
a lot adjacent to a pre-existing Kiosk Sign, no written consent is necessary
for that Kiosk Sign to remain.
f. A Kiosk Sign must be located at least one-hundred (100') feet from all
other Kiosk Signs.
g. Kiosk Signs must not be located within a median.
h. Kiosk Signs must be located at least five (5') feet from the edge of curb or
pavement line, which includes improved surfaces and shoulders.
3. Design of Kiosk Signs. Although City Council has the authority to determine
which designs are appropriate, designs must at least meet the following
criteria:
a. At least one sign panel on each Kiosk Sign must provide directions to a
municipal facility or provide information about an upcoming city-
sponsored event.
b. Kiosk Signs may not exceed twelve (12') feet in height and four (4') feet
in width.
c. Kiosk Signs must include breakaway design features as required by the
Texas Department of Transportation's Sign Mounting Details for
Roadside Signs. Break-away fittings must be installed below grade or
Ordinance No.2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 39
549364.v1
concealed from public view in another manner approved by City Council
through the Building Inspections Department.
d. The font and color of the Kiosk Signs must be uniform throughout the
entire sign.
e. Kiosk signs shall not be illuminated.
f. There must be an identification panel at the top of each Kiosk Sign that
displays only the name and official logo of the city.
g. No signs, pennants, flags, streamers, balloons or other devices or
appurtenances used for visual attention may be attached to Kiosk Signs.
4. Variances to Kiosk Sign Regulations. No person or party may obtain a
variance to the Kiosk Sign procedures or regulations set forth in this
Ordinance.
SECTION 10: REGULATIONS FOR TEMPORARY SIGNS
A. Development Signs
1. Development Signs are allowed subject to the following regulations.
2. Development Signs require a temporary sign permit and may be erected in
nonresidential and residential zoning districts.
3. Development Signs must be related only to the property on which they are
located. They may be Monument or Pole Signs provided that a minimum of
two vertical sign supports are utilized.
4. Maximum height of a Development Sign shall be fifteen(15') feet.
5. The required setback shall be ten (10') feet from the front property line and ten
(10') feet from the side property line.
6. The maximum sign area per sign face shall not exceed sixty(60') square feet.
7. Each development site may have one such sign for each fifty (50') acres, or
any portion thereof, under active development.
8. A Development Sign must be removed when the project is ninety (90%)
percent complete. In the case of a commercial project, ninety (90%) percent
complete means when a certificate of occupancy is issued for a shell building.
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Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 40
549364.v 1
For a residential project, ninety (90%) percent complete means when ninety
(90%)percent of the lots in the subdivision have received building permits.
B. Real Estate Sign
Real Estate Signs are subject to the following regulations:
1. Real Estate Signs may be erected in nonresidential and residential zoning
districts and shall not require a permit.
2. Real Estate Signs may be Attached, Monument or Ground Signs.
3. The maximum sign area shall not exceed nine (9') square feet and a maximum
height of four (4') feet for property located in a Residential Zoning District.
Signs located in a Non-Residential Zoning District shall not exceed thirty-two
(32') square feet in sign area and ten (10') feet in height.
4. On lots where a sidewalk exists within the street right-of-way, signs shall be
located between the sidewalk and the structure - but no closer than three (3')
feet from the sidewalk. On lots where no sidewalk exists within the street
right-of-way, the sign shall be located at least ten (10') feet from the edge of
the street.
5. No more than one sign shall be located for every two (2) acres in a tract of
land or portion thereof and must be related only to the property on which they
are located.
6. A Real Estate Sign shall be removed upon the sale or lease of the property.
C. Promotional Signage
Businesses that erect signs under the provisions of this Section shall not display a
sign that states "Going out of Business", "Quitting Business" or similar message
more than one time. Promotional Signs are subject to the following regulations:
1. All Promotional Signage requires a permit. A maximum of two (2) permits are
allowed for each calendar year. A separate permit is required for each two-
week period Promotional Signage will be used. Promotional signs will be
considered as a group and not as each individual sign, streamer,banner, etc.
2. Promotional Signage may include flags, pennants, streamers, balloons,
inflatable signs, and any legal signs allowed by this Ordinance. Additionally, a
maximum of two (2) banners is allowed, in addition to flags, pennants,
streamers, balloons, inflatable or other promotional signage per permit.
Ordinance No. 2009-21
Repealing Ordinance No.2008-33
Establishing Sign Regulations Page 41
549364.v1
3. Promotional Signage is allowed for two, two-week periods each calendar year
per legal business subject to the following:
a. A two (2) week period will commence on the first day Promotional
Signage is displayed.
b. The two (2) week periods shall not occur in the same or consecutive
months.
c. A legal business shall include any commercial, industrial, or institutional
use for which the building inspection department has issued a certificate of
occupancy.
d. In the case of a special promotion for a grand opening celebration, one
period may be extended to a three (3) week period provided the promotion
commences within the first three (3) months of the date of issuance of a
certificate of occupancy and the grand opening is limited to the address
noted on the certificate of occupancy.
EXCEPTION: A business that is in its initial year of operation is
allowed to extend the time promotional signs are displayed, one
time, from two weeks to thirty(30) days.
4. Any device described as Promotional Signage shall not exceed an overall
height of forty(40') feet measured from ground.
5. The setbacks are a minimum of fifteen (15') feet from street Right of Way and
a minimum of forty (40') feet from property lines other than those property
lines fronting the street Right of Way.
Ordinance No.2009-21
Repealing Ordinance No. 2008-33
Establishing Sign Regulations Page 42
549364.v1
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ILLUSTRATION 2-1
SIGN SIGHT TRIANGLE